093_HB1384

 
                                     LRB093 04007 DRH 04046 b

 1        AN ACT in relation to vehicles.

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

 4        Section  5.   The  Illinois  Vehicle  Code  is amended by
 5    changing Sections 1-97.5,  2-118.1,  6-206,  6-208.1,  6-517,
 6    6-520,   11-500,  11-501,  11-501.1,  11-501.2,  11-501.6  as
 7    follows:

 8        (625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
 9        Sec. 1-197.5.  Statutory summary alcohol  or  other  drug
10    related suspension of driver's privileges.  The withdrawal by
11    the  circuit  court  of  a  person's  license or privilege to
12    operate a motor  vehicle  on  the  public  highways  for  the
13    periods provided in Section 6-208.1.  Reinstatement after the
14    suspension period shall occur after all appropriate fees have
15    been  paid,  unless the court notifies the Secretary of State
16    that the person should be disqualified. The  bases  for  this
17    withdrawal of driving privileges shall be:
18             (1)  the   individual's  refusal  to  submit  to  or
19        failure to complete a chemical test or tests following an
20        arrest for the offense of driving under the influence  of
21        alcohol,  other  drugs, or intoxicating compounds, or any
22        combination thereof;, or
23             (2)  submission to such a test or  tests  indicating
24        an  alcohol  concentration of 0.08 or more as provided in
25        Section 11-501.1 of this Code; or
26             (3)  submission to a test  or  tests  indicating  an
27        alcohol concentration of 0.05 or more if subsection (a-1)
28        of Section 11-501 of this Code applies to the person.
29    (Source: P.A. 92-834, eff. 8-22-02.)

30        (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
 
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 1        Sec. 2-118.1.  Opportunity for hearing; statutory summary
 2    alcohol or other drug related suspension.
 3        (a)  A statutory summary suspension of driving privileges
 4    under  Section  11-501.1 shall not become effective until the
 5    person is notified in writing of the impending suspension and
 6    informed that he may request a hearing in the  circuit  court
 7    of  venue  under  paragraph  (b)  of  this  Section  and  the
 8    statutory   summary  suspension  shall  become  effective  as
 9    provided in Section 11-501.1.
10        (b)  Within 90 days after the notice of statutory summary
11    suspension served under Section 11-501.1, the person may make
12    a written request for a judicial hearing in the circuit court
13    of venue.  The request to the circuit court shall  state  the
14    grounds  upon  which  the  person seeks to have the statutory
15    summary suspension rescinded.  Within 30 days  after  receipt
16    of  the  written  request or the first appearance date on the
17    Uniform Traffic Ticket issued  pursuant  to  a  violation  of
18    Section  11-501, or a similar provision of a local ordinance,
19    the hearing shall be conducted by the  circuit  court  having
20    jurisdiction.   This  judicial  hearing,  request, or process
21    shall not stay or delay  the  statutory  summary  suspension.
22    The hearings shall proceed in the court in the same manner as
23    in other civil proceedings.
24        The  hearing  may  be  conducted upon a review of the law
25    enforcement officer's own official reports; provided however,
26    that the person may subpoena the  officer.   Failure  of  the
27    officer  to  answer  the subpoena shall be considered grounds
28    for  a  continuance  if  in  the   court's   discretion   the
29    continuance is appropriate.
30        The  scope  of the hearing shall be limited to the issues
31    of:
32             1.  Whether the person was placed under  arrest  for
33        an  offense  as  defined  in Section 11-501, or a similar
34        provision of a  local  ordinance,  as  evidenced  by  the
 
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 1        issuance of a Uniform Traffic Ticket, or issued a Uniform
 2        Traffic Ticket out of state as provided in subsection (a)
 3        of Section 11-501.1; and
 4             2.  Whether  the  officer  had reasonable grounds to
 5        believe that the person was driving or in actual physical
 6        control of a motor vehicle upon a highway while under the
 7        influence of alcohol, other drug, or combination of both;
 8        and
 9             3.  Whether the person, after being advised  by  the
10        officer  that  the  privilege  to operate a motor vehicle
11        would be suspended if the person refused to submit to and
12        complete the test or tests, did refuse to  submit  to  or
13        complete  the  test  or  tests  to determine the person's
14        alcohol or drug concentration; or
15             4.  Whether the person, after being advised  by  the
16        officer  that  the  privilege  to operate a motor vehicle
17        would be suspended if the person submits  to  a  chemical
18        test,  or  tests,  and  the  test  discloses  an  alcohol
19        concentration   of   0.08   or   more,   or   an  alcohol
20        concentration of 0.05 or  more  if  subsection  (a-1)  of
21        Section 11-501 of this Code applies to the person, or any
22        amount  of a drug, substance, or compound in the person's
23        blood  or  urine  resulting  from  the  unlawful  use  or
24        consumption of cannabis listed in  the  Cannabis  Control
25        Act,  a  controlled  substance  listed  in  the  Illinois
26        Controlled Substances Act, or an intoxicating compound as
27        listed  in the Use of Intoxicating Compounds Act, and the
28        person did submit to and complete the test or tests  that
29        determined  an  alcohol concentration of 0.08 or more, or
30        an alcohol concentration of 0.05 or  more  if  subsection
31        (a-1)  of  Section  11-501  of  this  Code applies to the
32        person.
33        Upon the conclusion of the judicial hearing, the  circuit
34    court   shall   sustain  or  rescind  the  statutory  summary
 
                            -4-      LRB093 04007 DRH 04046 b
 1    suspension and immediately notify  the  Secretary  of  State.
 2    Reports received by the Secretary of State under this Section
 3    shall  be  privileged  information  and  for  use only by the
 4    courts, police officers, and Secretary of State.
 5    (Source: P.A. 92-458, eff. 8-22-01.)

 6        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
 7        Sec. 6-206.  Discretionary authority to suspend or revoke
 8    license or permit; Right to a hearing.
 9        (a)  The Secretary of State is authorized to  suspend  or
10    revoke   the   driving   privileges  of  any  person  without
11    preliminary hearing upon a showing of the person's records or
12    other sufficient evidence that the person:
13             1.  Has committed an  offense  for  which  mandatory
14        revocation  of  a  driver's license or permit is required
15        upon conviction;
16             2.  Has been convicted of not less than  3  offenses
17        against  traffic  regulations  governing  the movement of
18        vehicles  committed  within  any  12  month  period.   No
19        revocation or suspension shall be  entered  more  than  6
20        months after the date of last conviction;
21             3.  Has  been  repeatedly  involved  as  a driver in
22        motor vehicle collisions or has been repeatedly convicted
23        of offenses against laws and  ordinances  regulating  the
24        movement  of  traffic, to a degree that indicates lack of
25        ability to exercise ordinary and reasonable care  in  the
26        safe  operation  of a motor vehicle or disrespect for the
27        traffic laws and the safety of  other  persons  upon  the
28        highway;
29             4.  Has by the unlawful operation of a motor vehicle
30        caused  or  contributed to an accident resulting in death
31        or injury requiring immediate professional treatment in a
32        medical facility or doctor's office to any person, except
33        that  any  suspension  or  revocation  imposed   by   the
 
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 1        Secretary   of   State   under  the  provisions  of  this
 2        subsection shall start no later than 6 months after being
 3        convicted of violating a law or ordinance regulating  the
 4        movement  of  traffic,  which violation is related to the
 5        accident, or shall start not more than one year after the
 6        date of the accident, whichever date occurs later;
 7             5.  Has permitted an unlawful or fraudulent use of a
 8        driver's license, identification card, or permit;
 9             6.  Has been lawfully convicted  of  an  offense  or
10        offenses  in  another  state, including the authorization
11        contained in Section 6-203.1, which if  committed  within
12        this State would be grounds for suspension or revocation;
13             7.  Has   refused   or   failed   to  submit  to  an
14        examination provided for by Section 6-207 or  has  failed
15        to pass the examination;
16             8.  Is  ineligible  for a driver's license or permit
17        under the provisions of Section 6-103;
18             9.  Has  made  a  false   statement   or   knowingly
19        concealed  a  material fact or has used false information
20        or identification  in  any  application  for  a  license,
21        identification card, or permit;
22             10.  Has   possessed,  displayed,  or  attempted  to
23        fraudulently use any  license,  identification  card,  or
24        permit not issued to the person;
25             11.  Has  operated a motor vehicle upon a highway of
26        this  State  when  the  person's  driving  privilege   or
27        privilege  to  obtain  a  driver's  license or permit was
28        revoked or suspended unless the operation was  authorized
29        by  a  judicial  driving  permit, probationary license to
30        drive, or a restricted driving permit issued  under  this
31        Code;
32             12.  Has submitted to any portion of the application
33        process  for  another person or has obtained the services
34        of another  person  to  submit  to  any  portion  of  the
 
                            -6-      LRB093 04007 DRH 04046 b
 1        application  process  for  the  purpose  of  obtaining  a
 2        license,  identification  card,  or permit for some other
 3        person;
 4             13.  Has operated a motor vehicle upon a highway  of
 5        this  State  when the person's driver's license or permit
 6        was invalid under the provisions of Sections 6-107.1  and
 7        6-110;
 8             14.  Has  committed  a  violation  of Section 6-301,
 9        6-301.1, or 6-301.2 of this Act, or Section 14,  14A,  or
10        14B of the Illinois Identification Card Act;
11             15.  Has been convicted of violating Section 21-2 of
12        the  Criminal  Code of 1961 relating to criminal trespass
13        to vehicles in which case, the suspension  shall  be  for
14        one year;
15             16.  Has  been convicted of violating Section 11-204
16        of this Code relating to fleeing from a police officer;
17             17.  Has refused to submit to a test, or  tests,  as
18        required  under  Section  11-501.1  of  this Code and the
19        person has not  sought  a  hearing  as  provided  for  in
20        Section 11-501.1;
21             18.  Has,  since  issuance  of a driver's license or
22        permit, been adjudged to be afflicted with  or  suffering
23        from any mental disability or disease;
24             19.  Has  committed  a violation of paragraph (a) or
25        (b) of  Section  6-101  relating  to  driving  without  a
26        driver's license;
27             20.  Has  been  convicted of violating Section 6-104
28        relating to classification of driver's license;
29             21.  Has been convicted of violating Section  11-402
30        of this Code relating to leaving the scene of an accident
31        resulting  in damage to a vehicle in excess of $1,000, in
32        which case the suspension shall be for one year;
33             22.  Has used a motor vehicle in violating paragraph
34        (3), (4), (7), or (9) of subsection (a) of  Section  24-1
 
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 1        of  the Criminal Code of 1961 relating to unlawful use of
 2        weapons, in which case the suspension shall  be  for  one
 3        year;
 4             23.  Has,  as a driver, been convicted of committing
 5        a violation of paragraph (a) of Section  11-502  of  this
 6        Code for a second or subsequent time within one year of a
 7        similar violation;
 8             24.  Has   been  convicted  by  a  court-martial  or
 9        punished   by   non-judicial   punishment   by   military
10        authorities  of  the  United   States   at   a   military
11        installation  in  Illinois  of  or  for a traffic related
12        offense that is the same as  or  similar  to  an  offense
13        specified under Section 6-205 or 6-206 of this Code;
14             25.  Has  permitted any form of identification to be
15        used by another in the application process  in  order  to
16        obtain  or  attempt  to  obtain a license, identification
17        card, or permit;
18             26.  Has altered or attempted to alter a license  or
19        has possessed an altered license, identification card, or
20        permit;
21             27.  Has violated Section 6-16 of the Liquor Control
22        Act of 1934;
23             28.  Has  been  convicted of the illegal possession,
24        while operating or  in  actual  physical  control,  as  a
25        driver,  of  a motor vehicle, of any controlled substance
26        prohibited under the Illinois Controlled  Substances  Act
27        or  any  cannabis  prohibited under the provisions of the
28        Cannabis Control Act, in which case the person's  driving
29        privileges  shall  be  suspended  for  one  year, and any
30        driver  who  is  convicted  of  a  second  or  subsequent
31        offense, within 5 years of a previous conviction, for the
32        illegal possession, while operating or in actual physical
33        control,  as  a  driver,  of  a  motor  vehicle,  of  any
34        controlled substance prohibited under the  provisions  of
 
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 1        the  Illinois  Controlled  Substances Act or any cannabis
 2        prohibited  under  the  Cannabis  Control  Act  shall  be
 3        suspended for 5 years. Any defendant found guilty of this
 4        offense while operating a motor vehicle,  shall  have  an
 5        entry  made  in  the  court record by the presiding judge
 6        that this offense  did  occur  while  the  defendant  was
 7        operating  a  motor  vehicle  and  order the clerk of the
 8        court to report the violation to the Secretary of State;
 9             29.  Has been convicted of  the  following  offenses
10        that  were committed while the person was operating or in
11        actual physical control, as a driver, of a motor vehicle:
12        criminal  sexual  assault,  predatory   criminal   sexual
13        assault  of  a child, aggravated criminal sexual assault,
14        criminal sexual abuse, aggravated criminal sexual  abuse,
15        juvenile  pimping,  soliciting  for a juvenile prostitute
16        and the  manufacture,  sale  or  delivery  of  controlled
17        substances  or  instruments  used for illegal drug use or
18        abuse in which case the driver's driving privileges shall
19        be suspended for one year;
20             30.  Has been convicted a second or subsequent  time
21        for any combination of the offenses named in paragraph 29
22        of  this  subsection,  in which case the person's driving
23        privileges shall be suspended for 5 years;
24             31.  Has refused to submit to a test as required  by
25        Section  11-501.6 or has submitted to a test resulting in
26        an alcohol concentration of 0.08 or more, or  an  alcohol
27        concentration  of  0.05  or  more  if subsection (a-1) of
28        Section 11-501 of this Code applies to the person, or any
29        amount of a drug, substance, or compound  resulting  from
30        the  unlawful use or consumption of cannabis as listed in
31        the Cannabis  Control  Act,  a  controlled  substance  as
32        listed  in  the Illinois Controlled Substances Act, or an
33        intoxicating  compound  as   listed   in   the   Use   of
34        Intoxicating  Compounds  Act,  in  which case the penalty
 
                            -9-      LRB093 04007 DRH 04046 b
 1        shall be as prescribed in Section 6-208.1;
 2             32.  Has been convicted of  Section  24-1.2  of  the
 3        Criminal   Code   of  1961  relating  to  the  aggravated
 4        discharge of a firearm if the offender was located  in  a
 5        motor  vehicle at the time the firearm was discharged, in
 6        which case the suspension shall be for 3 years;
 7             33.  Has as  a driver, who was less than 21 years of
 8        age on the date of the offense, been  convicted  a  first
 9        time of a violation of paragraph (a) of Section 11-502 of
10        this Code or a similar provision of a local ordinance;
11             34.  Has  committed a violation of Section 11-1301.5
12        of this Code;
13             35.  Has committed a violation of Section  11-1301.6
14        of this Code;
15             36.  Is  under  the  age  of 21 years at the time of
16        arrest and has been convicted of not less than 2 offenses
17        against traffic regulations  governing  the  movement  of
18        vehicles  committed  within  any  24  month  period.   No
19        revocation  or  suspension  shall  be entered more than 6
20        months after the date of last conviction;
21             37.  Has committed a violation of subsection (c)  of
22        Section 11-907 of this Code; or
23             38.  Has  been  convicted  of a violation of Section
24        6-20 of the Liquor Control  Act  of  1934  or  a  similar
25        provision of a local ordinance; or.
26             39.   38.  Has  committed  a  second  or  subsequent
27        violation of Section 11-1201 of this Code.
28        For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
29    and  27  of  this  subsection,  license  means  any  driver's
30    license, any traffic ticket issued when the person's driver's
31    license  is  deposited  in  lieu of bail, a suspension notice
32    issued by the Secretary of State, a  duplicate  or  corrected
33    driver's  license,  a  probationary  driver's  license  or  a
34    temporary driver's license.
 
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 1        (b)  If  any conviction forming the basis of a suspension
 2    or revocation authorized under this Section is appealed,  the
 3    Secretary  of  State may rescind or withhold the entry of the
 4    order of suspension  or  revocation,  as  the  case  may  be,
 5    provided  that a certified copy of a stay order of a court is
 6    filed with the Secretary of  State.   If  the  conviction  is
 7    affirmed  on  appeal, the date of the conviction shall relate
 8    back to the time the  original  judgment  of  conviction  was
 9    entered  and  the  6  month  limitation  prescribed shall not
10    apply.
11         (c) 1.  Upon suspending or revoking the driver's license
12        or permit of any person as authorized  in  this  Section,
13        the  Secretary  of  State  shall  immediately  notify the
14        person in writing of the revocation  or  suspension.  The
15        notice to be deposited in the United States mail, postage
16        prepaid, to the last known address of the person.
17             2.  If  the Secretary of State suspends the driver's
18        license of a person under subsection 2 of  paragraph  (a)
19        of  this  Section,  a  person's  privilege  to  operate a
20        vehicle as an occupation shall not be suspended, provided
21        an affidavit is properly completed, the  appropriate  fee
22        received, and a permit issued prior to the effective date
23        of  the  suspension, unless 5 offenses were committed, at
24        least 2 of which occurred while  operating  a  commercial
25        vehicle   in   connection   with   the  driver's  regular
26        occupation.  All  other  driving  privileges   shall   be
27        suspended  by the Secretary of State. Any driver prior to
28        operating a vehicle for occupational purposes  only  must
29        submit  the  affidavit  on  forms  to  be provided by the
30        Secretary  of  State  setting  forth  the  facts  of  the
31        person's occupation.  The affidavit shall also state  the
32        number of offenses committed while operating a vehicle in
33        connection  with  the  driver's  regular  occupation. The
34        affidavit shall be accompanied by the  driver's  license.
 
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 1        Upon  receipt  of  a  properly  completed  affidavit, the
 2        Secretary of State shall issue the  driver  a  permit  to
 3        operate a vehicle in connection with the driver's regular
 4        occupation  only.  Unless  the  permit  is  issued by the
 5        Secretary of State prior to the date of  suspension,  the
 6        privilege  to  drive any motor vehicle shall be suspended
 7        as set forth in the notice that  was  mailed  under  this
 8        Section.  If  an  affidavit is received subsequent to the
 9        effective date of this suspension, a permit may be issued
10        for the remainder of the suspension period.
11             The provisions of this subparagraph shall not  apply
12        to  any  driver  required to obtain a commercial driver's
13        license under  Section  6-507  during  the  period  of  a
14        disqualification  of  commercial driving privileges under
15        Section 6-514.
16             Any person  who  falsely  states  any  fact  in  the
17        affidavit  required  herein  shall  be  guilty of perjury
18        under Section 6-302 and  upon  conviction  thereof  shall
19        have  all  driving  privileges  revoked  without  further
20        rights.
21             3.  At  the  conclusion  of  a hearing under Section
22        2-118 of this Code, the Secretary of State  shall  either
23        rescind  or  continue  an  order  of  revocation or shall
24        substitute  an  order  of  suspension;  or,  good   cause
25        appearing  therefor, rescind, continue, change, or extend
26        the order of suspension.  If the Secretary of State  does
27        not   rescind   the   order,   the   Secretary  may  upon
28        application,  to  relieve   undue   hardship,   issue   a
29        restricted  driving  permit  granting  the  privilege  of
30        driving   a   motor   vehicle  between  the  petitioner's
31        residence and petitioner's place of employment or  within
32        the  scope  of his employment related duties, or to allow
33        transportation for the petitioner, or a household  member
34        of  the petitioner's family, to receive necessary medical
 
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 1        care  and  if  the  professional  evaluation   indicates,
 2        provide    transportation   for   alcohol   remedial   or
 3        rehabilitative activity, or for the petitioner to  attend
 4        classes,  as  a  student,  in  an  accredited educational
 5        institution; if the petitioner  is  able  to  demonstrate
 6        that no alternative means of transportation is reasonably
 7        available and the petitioner will not endanger the public
 8        safety or welfare.
 9             If  a person's license or permit has been revoked or
10        suspended due to  2  or  more  convictions  of  violating
11        Section  11-501  of this Code or a similar provision of a
12        local  ordinance  or  a  similar  out-of-state   offense,
13        arising  out  of  separate  occurrences,  that person, if
14        issued a restricted driving permit,  may  not  operate  a
15        vehicle  unless  it  has  been  equipped with an ignition
16        interlock device as defined in Section 1-129.1.
17             If a person's license or permit has been revoked  or
18        suspended  2 or more times within a 10 year period due to
19        a single conviction of violating Section 11-501  of  this
20        Code  or  a  similar  provision of a local ordinance or a
21        similar out-of-state offense,  and  a  statutory  summary
22        suspension under Section 11-501.1, or 2 or more statutory
23        summary  suspensions, or combination of 2 offenses, or of
24        an offense and a statutory  summary  suspension,  arising
25        out  of  separate  occurrences,  that person, if issued a
26        restricted driving permit,  may  not  operate  a  vehicle
27        unless  it  has  been equipped with an ignition interlock
28        device as defined in Section 1-129.1.   The  person  must
29        pay  to the Secretary of State DUI Administration Fund an
30        amount not to exceed $20 per month.  The Secretary  shall
31        establish  by  rule the amount and the procedures, terms,
32        and conditions relating to these fees.  If the restricted
33        driving permit was issued for employment  purposes,  then
34        this  provision  does  not  apply  to the operation of an
 
                            -13-     LRB093 04007 DRH 04046 b
 1        occupational vehicle owned or  leased  by  that  person's
 2        employer.   In  each  case  the  Secretary  may  issue  a
 3        restricted   driving   permit   for   a   period   deemed
 4        appropriate,  except that all permits shall expire within
 5        one year from the date of issuance.   The  Secretary  may
 6        not,  however,  issue  a restricted driving permit to any
 7        person whose current revocation is the result of a second
 8        or subsequent  conviction  for  a  violation  of  Section
 9        11-501  of  this  Code  or a similar provision of a local
10        ordinance relating to the offense of operating  or  being
11        in  physical  control  of a motor vehicle while under the
12        influence of alcohol, other drug or  drugs,  intoxicating
13        compound   or  compounds,  or  any  similar  out-of-state
14        offense, or any combination of those offenses, until  the
15        expiration  of  at  least  one  year from the date of the
16        revocation.  A restricted  driving  permit  issued  under
17        this   Section   shall   be   subject   to  cancellation,
18        revocation, and suspension by the Secretary of  State  in
19        like  manner  and  for  like  cause as a driver's license
20        issued under this Code  may  be  cancelled,  revoked,  or
21        suspended;  except  that  a  conviction  upon one or more
22        offenses  against  laws  or  ordinances  regulating   the
23        movement  of traffic shall be deemed sufficient cause for
24        the  revocation,  suspension,  or   cancellation   of   a
25        restricted  driving  permit.  The Secretary of State may,
26        as a condition to the issuance of  a  restricted  driving
27        permit,   require  the  applicant  to  participate  in  a
28        designated driver  remedial  or  rehabilitative  program.
29        The   Secretary  of  State  is  authorized  to  cancel  a
30        restricted driving permit if the permit holder  does  not
31        successfully complete the program.
32        (c-5)  The  Secretary of State may, as a condition of the
33    reissuance of a driver's license or permit  to  an  applicant
34    whose driver's license or permit has been suspended before he
 
                            -14-     LRB093 04007 DRH 04046 b
 1    or  she  reached  the  age of 18 years pursuant to any of the
 2    provisions  of  this  Section,  require  the   applicant   to
 3    participate  in  a  driver  remedial  education course and be
 4    retested under Section 6-109 of this Code.
 5        (d)  This Section is subject to  the  provisions  of  the
 6    Drivers License Compact.
 7        (e)  The  Secretary of State shall not issue a restricted
 8    driving permit to a person under the age of  16  years  whose
 9    driving  privileges  have been suspended or revoked under any
10    provisions of this Code.
11    (Source: P.A. 92-283,  eff.  1-1-02;  92-418,  eff.  8-17-01;
12    92-458,  eff.  8-22-01;  92-651,  eff.  7-11-02; 92-804, eff.
13    1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.)

14        (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
15        Sec. 6-208.1.  Period of statutory summary alcohol, other
16    drug, or intoxicating compound related suspension.
17        (a)  Unless the statutory  summary  suspension  has  been
18    rescinded,  any  person  whose  privilege  to  drive  a motor
19    vehicle on the public highways has been summarily  suspended,
20    pursuant  to  Section  11-501.1,  shall  not  be eligible for
21    restoration of the privilege until the expiration of:
22             1.  Six  months  from  the  effective  date  of  the
23        statutory summary suspension for a refusal or failure  to
24        complete  a test or tests to determine the alcohol, drug,
25        or  intoxicating  compound  concentration,  pursuant   to
26        Section 11-501.1; or
27             2.  Three  months  from  the  effective  date of the
28        statutory  summary  suspension  imposed   following   the
29        person's submission to a chemical test which disclosed an
30        alcohol  concentration  of  0.08  or  more, or an alcohol
31        concentration of 0.05 or  more  if  subsection  (a-1)  of
32        Section 11-501 of this Code applies to the person, or any
33        amount of a  drug, substance, or intoxicating compound in
 
                            -15-     LRB093 04007 DRH 04046 b
 1        such  person's breath, blood, or urine resulting from the
 2        unlawful use or consumption of  cannabis  listed  in  the
 3        Cannabis  Control  Act,  a controlled substance listed in
 4        the   Illinois   Controlled   Substances   Act,   or   an
 5        intoxicating compound listed in the Use  of  Intoxicating
 6        Compounds Act, pursuant to Section 11-501.1; or
 7             3.  Three  years  from  the  effective  date  of the
 8        statutory summary suspension for any person other than  a
 9        first offender who refuses or fails to complete a test or
10        tests  to  determine  the  alcohol, drug, or intoxicating
11        compound concentration pursuant to Section 11-501.1; or
12             4.  One year from the effective date of the  summary
13        suspension  imposed  for  any  person  other than a first
14        offender following submission to a  chemical  test  which
15        disclosed  an  alcohol  concentration  of  0.08  or  more
16        pursuant to Section 11-501.1, or an alcohol concentration
17        of  0.05 or more if subsection (a-1) of Section 11-501 of
18        this Code applies to the person, or any amount of a drug,
19        substance or compound in such  person's  blood  or  urine
20        resulting   from  the  unlawful  use  or  consumption  of
21        cannabis listed in the Cannabis Control Act, a controlled
22        substance listed in the  Illinois  Controlled  Substances
23        Act,  or  an  intoxicating  compound listed in the Use of
24        Intoxicating Compounds Act.
25        (b)  Following a  statutory  summary  suspension  of  the
26    privilege  to  drive  a motor vehicle under Section 11-501.1,
27    full driving privileges shall be restored unless  the  person
28    is  otherwise  disqualified  by  this Code.  If the court has
29    reason to believe that the person's driving privilege  should
30    not  be  restored,  the  court  shall notify the Secretary of
31    State prior  to  the  expiration  of  the  statutory  summary
32    suspension  so  appropriate  action  may be taken pursuant to
33    this Code.
34        (c)  Full driving privileges may not  be  restored  until
 
                            -16-     LRB093 04007 DRH 04046 b
 1    all  applicable reinstatement fees, as provided by this Code,
 2    have been paid to the Secretary of State and the  appropriate
 3    entry made to the driver's record.
 4        (d)  Where   a   driving  privilege  has  been  summarily
 5    suspended  under  Section  11-501.1   and   the   person   is
 6    subsequently  convicted  of  violating  Section  11-501, or a
 7    similar  provision  of  a  local  ordinance,  for  the   same
 8    incident,  any  period served on statutory summary suspension
 9    shall be credited toward the minimum period of revocation  of
10    driving privileges imposed pursuant to Section 6-205.
11        (e)  Following  a statutory summary suspension of driving
12    privileges  pursuant  to  Section  11-501.1,  for   a   first
13    offender,  the circuit court may, after at least 30 days from
14    the effective date of the statutory summary suspension, issue
15    a judicial driving permit as provided in Section 6-206.1.
16        (f)  Subsequent to an arrest of a first offender, for any
17    offense as defined in Section 11-501 or a  similar  provision
18    of   a   local   ordinance,  following  a  statutory  summary
19    suspension  of  driving  privileges   pursuant   to   Section
20    11-501.1, for a first offender, the circuit court may issue a
21    court  order  directing  the  Secretary  of  State to issue a
22    judicial driving  permit  as  provided  in  Section  6-206.1.
23    However,  this  JDP  shall not be effective prior to the 31st
24    day of the statutory summary suspension.
25        (g)  Following a statutory summary suspension of  driving
26    privileges  pursuant to Section 11-501.1 where the person was
27    not a first offender,  as  defined  in  Section  11-500,  the
28    Secretary of State may not issue a restricted driving permit.
29        (h) (Blank).
30    (Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01.)

31        (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
32        Sec. 6-517.  Commercial driver; implied consent warnings.
33        (a)  Any person driving a commercial motor vehicle who is
 
                            -17-     LRB093 04007 DRH 04046 b
 1    requested  by a police officer, pursuant to Section 6-516, to
 2    submit to a chemical test or tests to determine  the  alcohol
 3    concentration or any amount of a drug, substance, or compound
 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 in such
 7    person's  system,  must  be  warned  by  the  police  officer
 8    requesting the test or tests that a refusal to submit to  the
 9    test  or  tests  will result in that person being immediately
10    placed out-of-service for a period  of  24  hours  and  being
11    disqualified  from operating a commercial motor vehicle for a
12    period of not less than 12 months; the person shall  also  be
13    warned that if such person submits to testing which discloses
14    an  alcohol  concentration of greater than 0.00 but less than
15    0.04 or any amount of a drug, substance, or compound in  such
16    person's  blood  or  urine resulting from the unlawful use or
17    consumption of cannabis listed in the Cannabis Control Act or
18    a controlled substance  listed  in  the  Illinois  Controlled
19    Substances  Act,  such  person  shall  be  placed immediately
20    out-of-service for a  period  of  24  hours;  if  the  person
21    submits  to  testing which discloses an alcohol concentration
22    of 0.04 or more or  any  amount  of  a  drug,  substance,  or
23    compound  in  such person's blood or urine resulting from the
24    unlawful  use  or  consumption  of  cannabis  listed  in  the
25    Cannabis Control Act or a controlled substance listed in  the
26    Illinois  Controlled  Substances  Act,  such  person shall be
27    placed  immediately  out-of-service  and  disqualified   from
28    driving  a  commercial motor vehicle for a period of at least
29    12 months; also the person  shall  be  warned  that  if  such
30    testing  discloses an alcohol concentration of 0.08, or more,
31    or an alcohol concentration of 0.05  or  more  if  subsection
32    (a-1)  of  Section 11-501 of this Code applies to the person,
33    or any amount of a  drug,  substance,  or  compound  in  such
34    person's  blood  or  urine resulting from the unlawful use or
 
                            -18-     LRB093 04007 DRH 04046 b
 1    consumption of cannabis listed in the Cannabis Control Act or
 2    a controlled substance  listed  in  the  Illinois  Controlled
 3    Substances  Act,  in addition to the person being immediately
 4    placed out-of-service  and  disqualified  for  12  months  as
 5    provided  in  this  UCDLA,  the results of such testing shall
 6    also be admissible in prosecutions for violations of  Section
 7    11-501   of   this  Code,  or  similar  violations  of  local
 8    ordinances, however, such results shall not be used to impose
 9    any driving sanctions pursuant to Section  11-501.1  of  this
10    Code.
11        The person shall also be warned that any disqualification
12    imposed  pursuant  to this Section, shall be for life for any
13    such offense or refusal, or combination thereof; including  a
14    conviction  for  violating  Section  11-501  while  driving a
15    commercial motor vehicle,  or  similar  provisions  of  local
16    ordinances,   committed  a  second  time  involving  separate
17    incidents.
18        (b)  If the person refuses or fails to complete  testing,
19    or submits to a test which discloses an alcohol concentration
20    of  at  least  0.04,  or  any amount of a drug, substance, or
21    compound in such person's blood or urine resulting  from  the
22    unlawful  use  or  consumption  of  cannabis  listed  in  the
23    Cannabis  Control Act or a controlled substance listed in the
24    Illinois  Controlled  Substances  Act,  the  law  enforcement
25    officer must submit a Sworn Report to the Secretary of State,
26    in a form prescribed by the Secretary,  certifying  that  the
27    test  or  tests was requested pursuant to paragraph (a); that
28    the person was warned, as provided in paragraph (a) and  that
29    such  person  refused  to  submit  to  or  failed to complete
30    testing, or submitted to a test which  disclosed  an  alcohol
31    concentration  of  0.04  or  more,  or  any amount of a drug,
32    substance, or  compound  in  such  person's  blood  or  urine
33    resulting  from  the  unlawful use or consumption of cannabis
34    listed in the Cannabis Control Act or a controlled  substance
 
                            -19-     LRB093 04007 DRH 04046 b
 1    listed in the Illinois Controlled Substances Act.
 2        (c)  The police officer submitting the Sworn Report under
 3    this  Section  shall serve notice of the CDL disqualification
 4    on  the  person  and  such  CDL  disqualification  shall   be
 5    effective  as  provided in paragraph (d).  In cases where the
 6    blood alcohol concentration of 0.04 or more, or any amount of
 7    a drug, substance, or compound  in  such  person's  blood  or
 8    urine  resulting  from  the  unlawful  use  or consumption of
 9    cannabis listed in the Cannabis Control Act or  a  controlled
10    substance  listed  in the Illinois Controlled Substances Act,
11    is established by  subsequent  analysis  of  blood  or  urine
12    collected  at  the  time  of  the request, the police officer
13    shall give notice as provided in this Section or  by  deposit
14    in  the United States mail of such notice as provided in this
15    Section or by deposit in  the  United  States  mail  of  such
16    notice  in  an envelope with postage prepaid and addressed to
17    such person's domiciliary  address  as  shown  on  the  Sworn
18    Report  and  the CDL disqualification shall begin as provided
19    in paragraph (d).
20        (d)  The CDL disqualification referred to in this Section
21    shall take effect on the 46th  day  following  the  date  the
22    Sworn Report was given to the affected person.
23        (e)  Upon  receipt  of  the  Sworn Report from the police
24    officer, the Secretary of State shall disqualify  the  person
25    from  driving  any commercial motor vehicle and shall confirm
26    the  CDL  disqualification  by  mailing  the  notice  of  the
27    effective date to the  person.   However,  should  the  Sworn
28    Report  be defective by not containing sufficient information
29    or be  completed  in  error,  the  confirmation  of  the  CDL
30    disqualification  shall  not be mailed to the affected person
31    or entered into the record, instead the Sworn Report shall be
32    forwarded to the issuing agency identifying any such defect.
33    (Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99.)
 
                            -20-     LRB093 04007 DRH 04046 b
 1        (625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
 2        Sec.  6-520.  CDL  disqualification   or   out-of-service
 3    order; hearing.
 4        (a)  A  disqualification of commercial driving privileges
 5    by the Secretary of State, pursuant to this UCDLA, shall  not
 6    become  effective until the person is notified in writing, by
 7    the Secretary, of the impending disqualification and  advised
 8    that a CDL hearing may be requested.
 9        (b)  Upon receipt of the notice of a CDL disqualification
10    not  based  upon  a  conviction,  an out-of-service order, or
11    notification that a CDL disqualification is forthcoming,  the
12    person may make a written petition in a form, approved by the
13    Secretary  of  State,  for a CDL hearing.  Such petition must
14    state the grounds upon which the person seeks to have the CDL
15    disqualification  rescinded  or  the   out-of-service   order
16    removed  from  the  person's  driving record.  Within 10 days
17    after the receipt of such petition, it shall be  reviewed  by
18    the  Director  of  the Department of Administrative Hearings,
19    Office  of  the  Secretary  of  State,  or  by  an  appointed
20    designee.  If it is determined that the petition on its  face
21    does  not  state  grounds upon which the relief may be based,
22    the petition for a  CDL  hearing  shall  be  denied  and  the
23    disqualification shall become effective as if no petition had
24    been  filed  and the out-of-service order shall be sustained.
25    If such petition is so denied, the person may submit  another
26    petition.
27        (c)  The scope of a CDL hearing, for any disqualification
28    imposed  pursuant to paragraphs (1) and (2) of subsection (a)
29    of Section 6-514 shall be limited to the following issues:
30             1.  Whether the person was  operating  a  commercial
31        motor vehicle;
32             2.  Whether,  after  making  the  initial  stop, the
33        police officer  had  probable  cause  to  issue  a  Sworn
34        Report;
 
                            -21-     LRB093 04007 DRH 04046 b
 1             3.  Whether  the  person  was verbally warned of the
 2        ensuing consequences prior to submitting to any  type  of
 3        chemical  test  or tests to determine such person's blood
 4        concentration of alcohol, other drug, or both;
 5             4.  Whether the person did refuse to  submit  to  or
 6        failed  to complete the chemical testing or did submit to
 7        such test or tests and such test or  tests  disclosed  an
 8        alcohol concentration of at least 0.04 or any amount of a
 9        drug,  substance, or compound resulting from the unlawful
10        use or consumption of cannabis  listed  in  the  Cannabis
11        Control  Act  or  a  controlled  substance  listed in the
12        Illinois  Controlled  Substances  Act  in  the   person's
13        system;
14             5.  Whether  the  person was warned that if the test
15        or tests disclosed an alcohol concentration  of  0.08  or
16        more,  or  an  alcohol  concentration  of 0.05 or more if
17        subsection (a-1) of Section 11-501 of this  Code  applies
18        to  the  person,  or  any amount of a drug, substance, or
19        compound resulting from the unlawful use  or  consumption
20        of  cannabis  listed  in  the  Cannabis  Control Act or a
21        controlled substance listed in  the  Illinois  Controlled
22        Substances  Act,  such  results  could be admissible in a
23        subsequent prosecution under Section 11-501 of this  Code
24        or similar provision of local ordinances; and
25             6.  Whether such results could not be used to impose
26        any   driver's  license  sanctions  pursuant  to  Section
27        11-501.1.
28        Upon the conclusion of the above  CDL  hearing,  the  CDL
29    disqualification   imposed   shall  either  be  sustained  or
30    rescinded.
31        (d)  The scope of a CDL hearing  for  any  out-of-service
32    sanction, imposed pursuant to Section 6-515, shall be limited
33    to the following issues:
34             1.  Whether  the  person  was  driving  a commercial
 
                            -22-     LRB093 04007 DRH 04046 b
 1        motor vehicle;
 2             2.  Whether, while  driving  such  commercial  motor
 3        vehicle,  the person had alcohol or any amount of a drug,
 4        substance, or compound  resulting from the  unlawful  use
 5        or consumption of cannabis listed in the Cannabis Control
 6        Act  or  a  controlled  substance  listed in the Illinois
 7        Controlled Substances Act in such person's system;
 8             3.  Whether the person was verbally  warned  of  the
 9        ensuing  consequences  prior  to being asked to submit to
10        any type of chemical test  or  tests  to  determine  such
11        person's alcohol, other drug, or both, concentration; and
12             4.  Whether,  after  being so warned, the person did
13        refuse to submit to or failed to complete  such  chemical
14        test  or  tests  or  did submit to such test or tests and
15        such test or tests  disclosed  an  alcohol  concentration
16        greater  than 0.00 or any amount of a drug, substance, or
17        compound resulting from the unlawful use  or  consumption
18        of  cannabis  listed  in  the  Cannabis  Control Act or a
19        controlled substance listed in  the  Illinois  Controlled
20        Substances Act.
21        Upon  the  conclusion  of  the  above  CDL  hearing,  the
22    out-of-service  sanction shall either be sustained or removed
23    from the person's driving record.
24        (e)  If any person petitions for a  hearing  relating  to
25    any  CDL disqualification based upon a conviction, as defined
26    in this UCDLA, said hearing shall not be conducted as  a  CDL
27    hearing, but shall be conducted as any other driver's license
28    hearing,  whether  formal  or informal, as promulgated in the
29    rules and regulations of the Secretary.
30        (f)  Any evidence of alcohol or other  drug  consumption,
31    for  the purposes of this UCDLA, shall be sufficient probable
32    cause for requesting the driver to submit to a chemical  test
33    or tests to determine the presence of alcohol, other drug, or
34    both in the person's system and the subsequent issuance of an
 
                            -23-     LRB093 04007 DRH 04046 b
 1    out-of-service order or a Sworn Report by a police officer.
 2        (g)  For  the  purposes  of  this  UCDLA, a CDL "hearing"
 3    shall mean a hearing before the Office of  the  Secretary  of
 4    State  in accordance with Section 2-118 of this Code, for the
 5    purpose of resolving  differences  or  disputes  specifically
 6    related  to  the  scope  of  the  issues  identified  in this
 7    Section.  These proceedings will be a matter of record and  a
 8    final  appealable  order  issued.   The  petition  for  a CDL
 9    hearing shall not stay or delay the  effective  date  of  the
10    impending disqualification.
11        (h)  The  CDL  hearing  may be conducted upon a review of
12    the police officer's own official  reports; provided however,
13    that the petitioner may subpoena the officer.  Failure of the
14    officer to  answer  the  subpoena  shall  be  grounds  for  a
15    continuance.
16    (Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99.)

17        (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
18        Sec.    11-500.  Definitions.   For   the   purposes   of
19    interpreting Sections  6-206.1  and  6-208.1  of  this  Code,
20    "first  offender"  shall  mean  any  person who has not had a
21    previous  conviction  or  court  assigned   supervision   for
22    violating  Section  11-501, or a similar provision of a local
23    ordinance, or a conviction in any other state for a violation
24    of driving while under the influence  or  a  similar  offense
25    where  the  cause  of  action  is  the  same or substantially
26    similar to this Code or any person who has not had a driver's
27    license suspension for violating Section  11-501.1  within  5
28    years  prior  to  the  date of the current offense, except in
29    cases  where  the  driver  submitted  to   chemical   testing
30    resulting  in an alcohol concentration of 0.08 or more, or an
31    alcohol concentration of 0.05 or more if subsection (a-1)  of
32    Section  11-501  of  this  Code applies to the person, or any
33    amount of a drug, substance, or  compound  in  such  person's
 
                            -24-     LRB093 04007 DRH 04046 b
 1    blood or urine resulting from the unlawful use or consumption
 2    of  cannabis listed in the Cannabis Control Act, a controlled
 3    substance listed in the Illinois Controlled  Substances  Act,
 4    or an intoxicating compound listed in the Use of Intoxicating
 5    Compounds  Act  and  was  subsequently  found  not  guilty of
 6    violating Section 11-501, or a similar provision of  a  local
 7    ordinance.
 8    (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)

 9        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
10        Sec.  11-501.   Driving  while  under  the  influence  of
11    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
12    compounds or any combination thereof.
13        (a)  A  person  shall  not drive or be in actual physical
14    control of any vehicle within this State while:
15             (1)  the alcohol concentration in the person's blood
16        or breath is 0.08 or more  based  on  the  definition  of
17        blood and breath units in Section 11-501.2;
18             (2)  under the influence of alcohol;
19             (3)  under   the   influence   of  any  intoxicating
20        compound or combination of intoxicating  compounds  to  a
21        degree  that  renders  the  person  incapable  of driving
22        safely;
23             (4)  under  the  influence  of  any  other  drug  or
24        combination of drugs to a degree that renders the  person
25        incapable of safely driving;
26             (5)  under  the combined influence of alcohol, other
27        drug or drugs, or intoxicating compound or compounds to a
28        degree  that  renders  the  person  incapable  of  safely
29        driving; or
30             (6)  there is any amount of a  drug,  substance,  or
31        compound   in   the  person's  breath,  blood,  or  urine
32        resulting  from  the  unlawful  use  or  consumption   of
33        cannabis listed in the Cannabis Control Act, a controlled
 
                            -25-     LRB093 04007 DRH 04046 b
 1        substance  listed  in  the Illinois Controlled Substances
 2        Act, or an intoxicating compound listed  in  the  Use  of
 3        Intoxicating Compounds Act.
 4        (a-1)  A  person  may  not drive or be in actual physical
 5    control of any vehicle within this State  while  the  alcohol
 6    concentration  in  the  person's  blood  or breath is 0.05 or
 7    more, based on the definition of blood and  breath  units  in
 8    Section  11-501.2,  if  the  person  has  been  convicted  of
 9    violating paragraph (1) of subsection (a) of this Section one
10    or  more times within 5 years of a previous violation of this
11    Section or a similar provision of a law of another state or a
12    similar provision of a local ordinance.
13        (b)  The fact that any person charged with violating this
14    Section is or has been legally entitled to use alcohol, other
15    drug or drugs, or intoxicating compound or compounds, or  any
16    combination  thereof,  shall not constitute a defense against
17    any charge of violating this Section.
18        (c)  Except as provided under  paragraphs  (c-3),  (c-4),
19    and  (d) of this Section, every person convicted of violating
20    this Section or a similar provision  of  a  local  ordinance,
21    shall  be guilty of a Class A misdemeanor and, in addition to
22    any other criminal or administrative action, for  any  second
23    conviction  of  violating this Section or a similar provision
24    of a law of another state or local ordinance committed within
25    5 years of a previous violation of this Section or a  similar
26    provision of a local ordinance shall be mandatorily sentenced
27    to  a  minimum  of  5  days  of imprisonment or assigned to a
28    minimum of 30 days of community service as may be  determined
29    by  the  court.  Every  person  convicted  of  violating this
30    Section or a similar provision of a local ordinance shall  be
31    subject  to  an additional mandatory minimum fine of $500 and
32    an additional mandatory 5 days  of  community  service  in  a
33    program   benefiting  children  if  the  person  committed  a
34    violation of paragraph (a) or a similar provision of a  local
 
                            -26-     LRB093 04007 DRH 04046 b
 1    ordinance  while  transporting  a person under age 16.  Every
 2    person convicted a second time for violating this Section  or
 3    a  similar provision of a local ordinance within 5 years of a
 4    previous violation of this Section or a similar provision  of
 5    a law of another state or local ordinance shall be subject to
 6    an   additional   mandatory  minimum  fine  of  $500  and  an
 7    additional 10  days  of  mandatory  community  service  in  a
 8    program  benefiting  children  if  the  current  offense  was
 9    committed  while  transporting  a  person  under age 16.  The
10    imprisonment or assignment under this subsection shall not be
11    subject to suspension nor shall the person  be  eligible  for
12    probation in order to reduce the sentence or assignment.
13        (c-1) (1)  A  person  who  violates this Section during a
14        period in which his or her driving privileges are revoked
15        or suspended, where the revocation or suspension was  for
16        a  violation of this Section, Section 11-501.1, paragraph
17        (b) of Section 11-401, or Section  9-3  of  the  Criminal
18        Code of 1961 is guilty of a Class 4 felony.
19             (2)  A person who violates this Section a third time
20        during  a  period  in which his or her driving privileges
21        are  revoked  or  suspended  where  the   revocation   or
22        suspension  was  for a violation of this Section, Section
23        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
24        of the Criminal Code of 1961  is  guilty  of  a  Class  3
25        felony.
26             (3)  A  person who violates this Section a fourth or
27        subsequent time during a  period  in  which  his  or  her
28        driving  privileges  are  revoked  or suspended where the
29        revocation or suspension was  for  a  violation  of  this
30        Section,  Section  11-501.1,  paragraph  (b)  of  Section
31        11-401,  or  Section  9-3 of the Criminal Code of 1961 is
32        guilty of a Class 2 felony.
33        (c-2)  (Blank).
34        (c-3)  Every person convicted of violating  this  Section
 
                            -27-     LRB093 04007 DRH 04046 b
 1    or  a  similar provision of a local ordinance who had a child
 2    under age 16 in the vehicle at the time of the offense  shall
 3    have  his or her punishment under this Act enhanced by 2 days
 4    of imprisonment for a first offense, 10 days of  imprisonment
 5    for  a  second  offense,  30 days of imprisonment for a third
 6    offense,  and  90  days  of  imprisonment  for  a  fourth  or
 7    subsequent offense, in addition to  the  fine  and  community
 8    service  required  under  subsection  (c)  and  the  possible
 9    imprisonment required under subsection (d).  The imprisonment
10    or  assignment  under this subsection shall not be subject to
11    suspension nor shall the person be eligible for probation  in
12    order to reduce the sentence or assignment.
13        (c-4)  When  a  person  is convicted of violating Section
14    11-501 of this  Code  or  a  similar  provision  of  a  local
15    ordinance,  the  following  penalties  apply  when his or her
16    blood, breath,  or  urine  was  .16  or  more  based  on  the
17    definition  of  blood,  breath,  or  urine  units  in Section
18    11-501.2 or when that person is convicted of  violating  this
19    Section while transporting a child under the age of 16:
20             (1)  A   person   who   is  convicted  of  violating
21        subsection (a) of Section 11-501 of  this  Code  a  first
22        time,  in  addition  to  any  other  penalty  that may be
23        imposed under subsection (c), is subject to  a  mandatory
24        minimum  of  100 hours of community service and a minimum
25        fine of $500.
26             (2)  A  person  who  is   convicted   of   violating
27        subsection  (a)  of  Section 11-501 of this Code a second
28        time within 10 years, in addition to  any  other  penalty
29        that may be imposed under subsection (c), is subject to a
30        mandatory minimum of 2 days of imprisonment and a minimum
31        fine of $1,250.
32             (3)  A   person   who   is  convicted  of  violating
33        subsection (a) of Section 11-501 of  this  Code  a  third
34        time  within  20 years is guilty of a Class 4 felony and,
 
                            -28-     LRB093 04007 DRH 04046 b
 1        in addition to any other  penalty  that  may  be  imposed
 2        under  subsection  (c), is subject to a mandatory minimum
 3        of 90 days of imprisonment and a minimum fine of $2,500.
 4             (4)  A person who is  convicted  of  violating  this
 5        subsection (c-4) a fourth or subsequent time is guilty of
 6        a  Class  2  felony and, in addition to any other penalty
 7        that may be imposed under subsection (c), is not eligible
 8        for a sentence of probation or conditional discharge  and
 9        is subject to a minimum fine of $2,500.
10        (d) (1)  Every person convicted of committing a violation
11        of  this  Section  shall  be guilty of aggravated driving
12        under the influence of alcohol, other drug or  drugs,  or
13        intoxicating  compound  or  compounds, or any combination
14        thereof if:
15                  (A)  the person committed a violation  of  this
16             Section,  or a similar provision of a law of another
17             state or a local ordinance when the cause of  action
18             is  the  same  as  or  substantially similar to this
19             Section, for the third or subsequent time;
20                  (B)  the  person  committed  a   violation   of
21             paragraph  (a)  while  driving  a  school  bus  with
22             children on board;
23                  (C)  the  person  in  committing a violation of
24             paragraph  (a)  was  involved  in  a  motor  vehicle
25             accident that  resulted  in  great  bodily  harm  or
26             permanent  disability  or  disfigurement to another,
27             when the violation was  a  proximate  cause  of  the
28             injuries;
29                  (D)  the   person   committed  a  violation  of
30             paragraph  (a)  for  a  second  time  and  has  been
31             previously convicted of violating Section 9-3 of the
32             Criminal Code of 1961 relating to reckless  homicide
33             in  which  the  person  was  determined to have been
34             under the influence of alcohol, other drug or drugs,
 
                            -29-     LRB093 04007 DRH 04046 b
 1             or intoxicating compound or compounds as an  element
 2             of  the  offense  or  the person has previously been
 3             convicted under subparagraph (C) of  this  paragraph
 4             (1); or
 5                  (E)  the  person,  in committing a violation of
 6             paragraph (a) while driving at any speed in a school
 7             speed zone at a time when a speed limit of 20  miles
 8             per  hour  was  in  effect  under  subsection (a) of
 9             Section 11-605 of this Code, was involved in a motor
10             vehicle accident that resulted in bodily harm, other
11             than great bodily harm or  permanent  disability  or
12             disfigurement, to another person, when the violation
13             of paragraph (a) was a proximate cause of the bodily
14             harm.
15             (2)  Aggravated   driving  under  the  influence  of
16        alcohol, other drug or drugs, or intoxicating compound or
17        compounds, or  any  combination  thereof  is  a  Class  4
18        felony.  For a violation of subparagraph (C) of paragraph
19        (1)  of  this subsection (d), the defendant, if sentenced
20        to a term of imprisonment, shall be sentenced to not less
21        than  one  year  nor  more  than  12  years.    For   any
22        prosecution  under  this subsection (d), a certified copy
23        of  the  driving  abstract  of  the  defendant  shall  be
24        admitted as proof of any prior conviction.
25        (e)  After a finding of guilt  and  prior  to  any  final
26    sentencing, or an order for supervision, for an offense based
27    upon  an  arrest for a violation of this Section or a similar
28    provision of a local ordinance, individuals shall be required
29    to undergo a  professional  evaluation  to  determine  if  an
30    alcohol,  drug, or intoxicating compound abuse problem exists
31    and the extent of the problem, and undergo the imposition  of
32    treatment   as   appropriate.   Programs   conducting   these
33    evaluations  shall  be  licensed  by  the Department of Human
34    Services.  The cost of any professional evaluation  shall  be
 
                            -30-     LRB093 04007 DRH 04046 b
 1    paid   for   by   the  individual  required  to  undergo  the
 2    professional evaluation.
 3        (f)  Every person found guilty of violating this Section,
 4    whose operation of a motor vehicle while in violation of this
 5    Section proximately  caused  any  incident  resulting  in  an
 6    appropriate  emergency  response,  shall  be  liable  for the
 7    expense of an emergency response as  provided  under  Section
 8    5-5-3 of the Unified Code of Corrections.
 9        (g)  The  Secretary  of  State  shall  revoke the driving
10    privileges of any person convicted under this  Section  or  a
11    similar provision of a local ordinance.
12        (h)  Every person sentenced under paragraph (2) or (3) of
13    subsection  (c-1)  of  this Section or subsection (d) of this
14    Section and who receives a term of probation  or  conditional
15    discharge shall be required to serve a minimum term of either
16    60  days  community  service  or 10 days of imprisonment as a
17    condition of the probation or  conditional  discharge.   This
18    mandatory  minimum  term  of  imprisonment  or  assignment of
19    community service shall not be suspended  and  shall  not  be
20    subject to reduction by the court.
21        (i)  The  Secretary  of  State  shall  require the use of
22    ignition interlock  devices  on  all  vehicles  owned  by  an
23    individual  who  has been convicted of a second or subsequent
24    offense of this Section or a similar  provision  of  a  local
25    ordinance.    The  Secretary  shall  establish  by  rule  and
26    regulation the procedures for certification and  use  of  the
27    interlock system.
28        (j)  In  addition to any other penalties and liabilities,
29    a person who is found guilty of or pleads guilty to violating
30    this  Section,  including  any   person   placed   on   court
31    supervision  for violating this Section, shall be fined $100,
32    payable to the circuit clerk, who shall distribute the  money
33    to  the  law enforcement agency that made the arrest.  If the
34    person  has  been  previously  convicted  of  violating  this
 
                            -31-     LRB093 04007 DRH 04046 b
 1    Section or a similar provision of a local ordinance, the fine
 2    shall be $200.  In the event that more  than  one  agency  is
 3    responsible  for the arrest, the $100 or $200 shall be shared
 4    equally.  Any moneys received by  a  law  enforcement  agency
 5    under  this  subsection  (j)  shall  be  used to purchase law
 6    enforcement equipment that will assist in the  prevention  of
 7    alcohol related criminal violence throughout the State.  This
 8    shall  include,  but is not limited to, in-car video cameras,
 9    radar and laser speed detection devices, and  alcohol  breath
10    testers.  Any  moneys  received  by  the  Department of State
11    Police under this subsection (j) shall be deposited into  the
12    State  Police  DUI  Fund  and  shall  be used to purchase law
13    enforcement equipment that will assist in the  prevention  of
14    alcohol related criminal violence throughout the State.
15    (Source: P.A.  91-126,  eff.  7-16-99;  91-357, eff. 7-29-99;
16    91-692, eff. 4-13-00;  91-822,  eff.  6-13-00;  92-248,  eff.
17    8-3-01;  92-418,  eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
18    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)

19        (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
20        Sec. 11-501.1.  Suspension of drivers license;  statutory
21    summary   alcohol,  other  drug  or  drugs,  or  intoxicating
22    compound or compounds related suspension; implied consent.
23        (a)  Any person who  drives  or  is  in  actual  physical
24    control  of  a motor vehicle upon the public highways of this
25    State shall be deemed to have given consent, subject  to  the
26    provisions  of  Section 11-501.2, to a chemical test or tests
27    of blood, breath, or urine for the purpose of determining the
28    content of alcohol, other  drug  or  drugs,  or  intoxicating
29    compound  or  compounds  or  any  combination  thereof in the
30    person's blood if arrested, as evidenced by the issuance of a
31    Uniform Traffic Ticket, for any offense as defined in Section
32    11-501 or a similar provision of a local ordinance.  The test
33    or tests shall  be  administered  at  the  direction  of  the
 
                            -32-     LRB093 04007 DRH 04046 b
 1    arresting  officer.  The law enforcement agency employing the
 2    officer shall designate which of the aforesaid tests shall be
 3    administered.  A urine test may be administered even after  a
 4    blood  or  breath  test  or  both has been administered.  For
 5    purposes of this Section, an Illinois law enforcement officer
 6    of this State who is investigating the person for any offense
 7    defined in Section 11-501 may travel into an adjoining state,
 8    where the person has been transported for  medical  care,  to
 9    complete  an  investigation  and  to  request that the person
10    submit to the test or tests set forth in this  Section.   The
11    requirements  of this Section that the person be arrested are
12    inapplicable, but  the  officer  shall  issue  the  person  a
13    Uniform  Traffic  Ticket for an offense as defined in Section
14    11-501 or a similar provision of a local ordinance  prior  to
15    requesting  that the person submit to the test or tests.  The
16    issuance of the Uniform Traffic Ticket shall  not  constitute
17    an  arrest,  but  shall  be  for the purpose of notifying the
18    person that he or she is subject to the  provisions  of  this
19    Section  and  of  the  officer's  belief  of the existence of
20    probable cause to arrest.  Upon returning to this State,  the
21    officer  shall  file  the  Uniform  Traffic  Ticket  with the
22    Circuit Clerk of the county where the offense was  committed,
23    and shall seek the issuance of an arrest warrant or a summons
24    for the person.
25        (b)  Any  person  who  is  dead,  unconscious,  or who is
26    otherwise in a condition rendering the  person  incapable  of
27    refusal,  shall  be  deemed not to have withdrawn the consent
28    provided by paragraph (a) of this Section  and  the  test  or
29    tests  may  be  administered,  subject  to  the provisions of
30    Section 11-501.2.
31        (c)  A person requested to submit to a test  as  provided
32    above   shall  be  warned  by  the  law  enforcement  officer
33    requesting the test that a refusal to submit to the test will
34    result in the statutory summary suspension  of  the  person's
 
                            -33-     LRB093 04007 DRH 04046 b
 1    privilege  to  operate a motor vehicle as provided in Section
 2    6-208.1 of this Code. The person shall also be warned by  the
 3    law  enforcement  officer  that  if the person submits to the
 4    test or tests provided in paragraph (a) of this  Section  and
 5    the  alcohol concentration in the person's blood or breath is
 6    0.08 or greater, or the alcohol concentration in the person's
 7    blood or breath is 0.05 or greater  if  subsection  (a-1)  of
 8    Section  11-501  of  this  Code applies to the person, or any
 9    amount of a drug, substance, or compound resulting  from  the
10    unlawful  use  or  consumption  of cannabis as covered by the
11    Cannabis Control Act, a controlled substance  listed  in  the
12    Illinois   Controlled  Substances  Act,  or  an  intoxicating
13    compound listed in the Use of Intoxicating Compounds  Act  is
14    detected  in the person's blood or urine, a statutory summary
15    suspension of the  person's  privilege  to  operate  a  motor
16    vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
17    Code, will be imposed.
18        A  person  who  is  under  the  age of 21 at the time the
19    person is requested to submit to a  test  as  provided  above
20    shall,  in  addition  to  the  warnings  provided for in this
21    Section, be further warned by  the  law  enforcement  officer
22    requesting the test that if the person submits to the test or
23    tests  provided  in  paragraph  (a)  of  this Section and the
24    alcohol concentration in the person's  blood  or   breath  is
25    greater  than  0.00  and  less than 0.08, a suspension of the
26    person's privilege to operate a motor  vehicle,  as  provided
27    under  Sections  6-208.2  and  11-501.8 of this Code, will be
28    imposed.  The results of this test shall be admissible  in  a
29    civil or criminal action or proceeding arising from an arrest
30    for an offense as defined in Section 11-501 of this Code or a
31    similar provision of a local ordinance or pursuant to Section
32    11-501.4  in prosecutions for reckless homicide brought under
33    the Criminal Code of 1961. These test results, however, shall
34    be admissible only in actions or proceedings directly related
 
                            -34-     LRB093 04007 DRH 04046 b
 1    to the incident upon which the test request was made.
 2        (d)  If the person refuses testing or submits to  a  test
 3    that  discloses  an alcohol concentration of 0.08 or more, or
 4    any amount of a drug, substance, or intoxicating compound  in
 5    the  person's  breath,  blood,  or  urine  resulting from the
 6    unlawful  use  or  consumption  of  cannabis  listed  in  the
 7    Cannabis Control Act, a controlled substance  listed  in  the
 8    Illinois   Controlled  Substances  Act,  or  an  intoxicating
 9    compound listed in the Use of Intoxicating Compounds Act, the
10    law enforcement officer  shall  immediately  submit  a  sworn
11    report  to  the  circuit  court of venue and the Secretary of
12    State,  certifying  that  the  test  or  tests  was  or  were
13    requested under paragraph  (a)  and  the  person  refused  to
14    submit  to  a  test,  or  tests, or submitted to testing that
15    disclosed an alcohol concentration of 0.08  or  more,  or  an
16    alcohol  concentration of 0.05 or more if subsection (a-1) of
17    Section  11-501  of  this  Code  applies   to   the   person.
18                 (e)  Upon  receipt  of the sworn report of a law
19    enforcement  officer  submitted  under  paragraph  (d),   the
20    Secretary   of   State  shall  enter  the  statutory  summary
21    suspension for the periods specified in Section 6-208.1,  and
22    effective as provided in paragraph (g).
23        If  the  person is a first offender as defined in Section
24    11-500 of this Code, and is not convicted of a  violation  of
25    Section 11-501 of this Code or a similar provision of a local
26    ordinance,  then  reports  received by the Secretary of State
27    under this Section shall, except during the actual  time  the
28    Statutory  Summary  Suspension  is  in  effect, be privileged
29    information and for use only by the courts, police  officers,
30    prosecuting authorities or the Secretary of State.
31        (f)  The  law  enforcement  officer  submitting the sworn
32    report under paragraph (d) shall serve  immediate  notice  of
33    the  statutory  summary  suspension  on  the  person  and the
34    suspension shall be effective as provided in  paragraph  (g).
 
                            -35-     LRB093 04007 DRH 04046 b
 1    In  cases  where  the  blood alcohol concentration of 0.08 or
 2    greater, or 0.05 or greater if subsection  (a-1)  of  Section
 3    11-501 of this Code applies to the person, or any amount of a
 4    drug,  substance, or compound resulting from the unlawful use
 5    or consumption of cannabis as covered by the Cannabis Control
 6    Act, a controlled substance listed in the Illinois Controlled
 7    Substances Act, or an intoxicating compound listed in the Use
 8    of Intoxicating Compounds Act is established by a  subsequent
 9    analysis  of  blood or urine collected at the time of arrest,
10    the arresting officer or arresting agency shall  give  notice
11    as  provided  in  this  Section  or  by deposit in the United
12    States mail of the notice in an envelope with postage prepaid
13    and addressed to the person at his address as  shown  on  the
14    Uniform  Traffic  Ticket and the statutory summary suspension
15    shall begin as provided in paragraph (g).  The officer  shall
16    confiscate  any  Illinois  driver's  license or permit on the
17    person at the time of arrest.  If  the  person  has  a  valid
18    driver's  license  or  permit,  the  officer  shall issue the
19    person a receipt, in a form prescribed by  the  Secretary  of
20    State,  that  will  allow  that  person  to  drive during the
21    periods provided for in  paragraph  (g).  The  officer  shall
22    immediately  forward  the  driver's  license or permit to the
23    circuit court of venue along with the sworn  report  provided
24    for in paragraph (d).
25        (g)  The statutory summary suspension referred to in this
26    Section  shall take effect on the 46th day following the date
27    the notice of the statutory summary suspension was  given  to
28    the person.
29        (h)  The  following  procedure  shall  apply  whenever  a
30    person  is  arrested  for  any  offense as defined in Section
31    11-501 or a similar provision of a local ordinance:
32        Upon receipt of the sworn report from the law enforcement
33    officer, the Secretary of State shall confirm  the  statutory
34    summary  suspension by mailing a notice of the effective date
 
                            -36-     LRB093 04007 DRH 04046 b
 1    of the suspension to the  person  and  the  court  of  venue.
 2    However,   should  the  sworn  report  be  defective  by  not
 3    containing sufficient information or be completed  in  error,
 4    the  confirmation  of  the statutory summary suspension shall
 5    not be mailed  to  the  person  or  entered  to  the  record;
 6    instead,  the sworn report shall be forwarded to the court of
 7    venue with a copy returned to the issuing agency  identifying
 8    any defect.
 9    (Source: P.A.   90-43,  eff.  7-2-97;  90-779,  eff.  1-1-99;
10    91-357, eff. 7-29-99.)

11        (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
12        Sec. 11-501.2.  Chemical and other tests.
13        (a)  Upon the trial of any civil or  criminal  action  or
14    proceeding arising out of an arrest for an offense as defined
15    in Section 11-501 or a similar local ordinance or proceedings
16    pursuant to Section 2-118.1, evidence of the concentration of
17    alcohol,  other  drug  or  drugs, or intoxicating compound or
18    compounds, or any combination thereof in a person's blood  or
19    breath  at the time alleged, as determined by analysis of the
20    person's blood, urine,  breath  or  other  bodily  substance,
21    shall  be  admissible.  Where such test is made the following
22    provisions shall apply:
23             1.  Chemical analyses of the person's blood,  urine,
24        breath  or  other bodily substance to be considered valid
25        under the provisions of  this  Section  shall  have  been
26        performed  according  to  standards  promulgated  by  the
27        Department  of  State  Police  by  a  licensed physician,
28        registered nurse, trained phlebotomist acting  under  the
29        direction  of  a licensed physician, certified paramedic,
30        or other individual possessing a valid permit  issued  by
31        that  Department for this purpose.  The Director of State
32        Police is authorized to approve  satisfactory  techniques
33        or   methods,   to   ascertain   the  qualifications  and
 
                            -37-     LRB093 04007 DRH 04046 b
 1        competence of individuals to conduct  such  analyses,  to
 2        issue  permits  which  shall be subject to termination or
 3        revocation at the discretion of that  Department  and  to
 4        certify  the  accuracy  of  breath testing equipment. The
 5        Department of State Police shall prescribe regulations as
 6        necessary to implement this Section.
 7             2.  When a person in this State shall  submit  to  a
 8        blood  test  at  the request of a law enforcement officer
 9        under  the  provisions  of  Section  11-501.1,   only   a
10        physician  authorized  to practice medicine, a registered
11        nurse, trained phlebotomist, or certified  paramedic,  or
12        other  qualified  person  approved  by  the Department of
13        State Police  may  withdraw  blood  for  the  purpose  of
14        determining  the  alcohol,  drug,  or  alcohol  and  drug
15        content  therein.  This limitation shall not apply to the
16        taking of breath or urine specimens.
17             When a blood test of a person who has been taken  to
18        an  adjoining state for medical treatment is requested by
19        an Illinois law enforcement officer,  the  blood  may  be
20        withdrawn  only  by  a  physician  authorized to practice
21        medicine in the adjoining state, a  registered  nurse,  a
22        trained  phlebotomist  acting  under the direction of the
23        physician, or certified paramedic.  The  law  enforcement
24        officer  requesting  the  test  shall take custody of the
25        blood sample, and the blood sample shall be analyzed by a
26        laboratory certified by the Department  of  State  Police
27        for that purpose.
28             3.  The  person  tested  may  have a physician, or a
29        qualified technician, chemist, registered nurse, or other
30        qualified person  of  their  own  choosing  administer  a
31        chemical test or tests in addition to any administered at
32        the  direction of a law enforcement officer.  The failure
33        or inability to obtain an additional  test  by  a  person
34        shall  not preclude the admission of evidence relating to
 
                            -38-     LRB093 04007 DRH 04046 b
 1        the test or  tests  taken  at  the  direction  of  a  law
 2        enforcement officer.
 3             4.  Upon  the request of the person who shall submit
 4        to a chemical test or tests  at  the  request  of  a  law
 5        enforcement officer, full information concerning the test
 6        or  tests  shall  be made available to the person or such
 7        person's attorney.
 8             5.  Alcohol concentration shall mean either grams of
 9        alcohol per 100 milliliters of blood or grams of  alcohol
10        per 210 liters of breath.
11        (b)  Upon  the  trial  of any civil or criminal action or
12    proceeding arising out of acts alleged to have been committed
13    by any person while driving or in actual physical control  of
14    a   vehicle   while  under  the  influence  of  alcohol,  the
15    concentration of alcohol in the person's blood or  breath  at
16    the  time alleged as shown by analysis of the person's blood,
17    urine, breath, or other bodily substance shall give  rise  to
18    the following presumptions:
19             1.  If   there   was   at   that   time  an  alcohol
20        concentration of 0.05 or less, and  subsection  (a-1)  of
21        Section 11-501 of this Code does not apply to the person,
22        it  shall  be  presumed that the person was not under the
23        influence of alcohol.
24             2.  If  there  was   at   that   time   an   alcohol
25        concentration  in  excess of 0.05 but less than 0.08, and
26        subsection (a-1) of Section 11-501 of this Code does  not
27        apply  to  the  person, such facts shall not give rise to
28        any presumption that the person was or was not under  the
29        influence  of  alcohol,  but  such fact may be considered
30        with other competent evidence in determining whether  the
31        person was under the influence of alcohol.
32             3.  If   there   was   at   that   time  an  alcohol
33        concentration of  0.08  or  more,  or  0.05  or  more  if
34        subsection  (a-1)  of Section 11-501 of this Code applies
 
                            -39-     LRB093 04007 DRH 04046 b
 1        to the person, it shall be presumed that the  person  was
 2        under the influence of alcohol.
 3             4.  The  foregoing  provisions of this Section shall
 4        not be construed as  limiting  the  introduction  of  any
 5        other relevant evidence bearing upon the question whether
 6        the person was under the influence of alcohol.

 7        (c) 1.  If  a  person under arrest refuses to submit to a
 8    chemical test  under  the  provisions  of  Section  11-501.1,
 9    evidence  of  refusal  shall  be  admissible  in any civil or
10    criminal action or proceeding arising out of acts alleged  to
11    have  been  committed while the person under the influence of
12    alcohol, other drug or drugs,  or  intoxicating  compound  or
13    compounds,  or  any  combination  thereof  was  driving or in
14    actual physical control of a motor vehicle.
15             2.  Notwithstanding any ability to refuse under this
16        Code to submit to these tests or any  ability  to  revoke
17        the  implied consent to these tests, if a law enforcement
18        officer has  probable  cause  to  believe  that  a  motor
19        vehicle  driven  by  or  in  actual physical control of a
20        person under the influence  of  alcohol,  other  drug  or
21        drugs,  or  intoxicating  compound  or  compounds, or any
22        combination thereof has  caused  the  death  or  personal
23        injury  to  another,  that  person shall submit, upon the
24        request of a law enforcement officer, to a chemical  test
25        or  tests  of  his  or her blood, breath or urine for the
26        purpose of determining the alcohol content thereof or the
27        presence of any other drug or combination of both.
28        This provision does not affect the  applicability  of  or
29    imposition   of  driver's  license  sanctions  under  Section
30    11-501.1 of this Code.
31             3.  For purposes of this Section, a personal  injury
32        includes  any  Type  A injury as indicated on the traffic
33        accident report completed by a  law  enforcement  officer
34        that  requires immediate professional attention in either
 
                            -40-     LRB093 04007 DRH 04046 b
 1        a doctor's office or a medical facility.  A Type A injury
 2        includes severe bleeding wounds,  distorted  extremities,
 3        and injuries that require the injured party to be carried
 4        from the scene.
 5    (Source: P.A.   90-43,  eff.  7-2-97;  90-779,  eff.  1-1-99;
 6    91-828, eff. 1-1-01.)

 7        (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
 8        Sec. 11-501.6.  Driver involvement in personal injury  or
 9    fatal motor vehicle accident - chemical test.
10        (a)  Any  person  who drives or is in actual control of a
11    motor vehicle upon the public highways of this State and  who
12    has been involved in a personal injury or fatal motor vehicle
13    accident,  shall  be deemed to have given consent to a breath
14    test using a portable device as approved by the Department of
15    State Police or to a chemical test or tests of blood, breath,
16    or urine for  the  purpose  of  determining  the  content  of
17    alcohol,  other  drug  or  drugs, or intoxicating compound or
18    compounds of such person's blood if arrested as evidenced  by
19    the issuance of a Uniform Traffic Ticket for any violation of
20    the  Illinois  Vehicle Code or a similar provision of a local
21    ordinance,  with  the  exception  of   equipment   violations
22    contained  in  Chapter 12 of this Code, or similar provisions
23    of local ordinances.  The test or tests shall be administered
24    at  the  direction  of  the  arresting  officer.    The   law
25    enforcement  agency  employing  the  officer  shall designate
26    which of the aforesaid tests shall be administered.  A  urine
27    test may be administered even after a blood or breath test or
28    both  has  been  administered.   Compliance with this Section
29    does not relieve such person from the requirements of Section
30    11-501.1 of this Code.
31        (b)  Any person  who  is  dead,  unconscious  or  who  is
32    otherwise  in  a condition rendering such person incapable of
33    refusal shall be deemed not to  have  withdrawn  the  consent
 
                            -41-     LRB093 04007 DRH 04046 b
 1    provided  by subsection (a) of this Section.  In addition, if
 2    a driver of a vehicle is receiving  medical  treatment  as  a
 3    result of a motor vehicle accident, any physician licensed to
 4    practice  medicine, registered nurse or a phlebotomist acting
 5    under the direction of a licensed  physician  shall  withdraw
 6    blood  for  testing  purposes  to  ascertain  the presence of
 7    alcohol, other drug or drugs,  or  intoxicating  compound  or
 8    compounds,  upon  the  specific  request of a law enforcement
 9    officer. However, no such testing shall be  performed  until,
10    in  the  opinion  of  the  medical  personnel  on  scene, the
11    withdrawal  can  be  made   without   interfering   with   or
12    endangering the well-being of the patient.
13        (c)  A  person  requested to submit to a test as provided
14    above  shall  be  warned  by  the  law  enforcement   officer
15    requesting  the test that a refusal to submit to the test, or
16    submission to the test resulting in an alcohol  concentration
17    of  0.08 or more, or an alcohol concentration of 0.05 of more
18    if subsection (a-1) of Section 11-501 of this Code applies to
19    the  person,  or  any  amount  of  a  drug,   substance,   or
20    intoxicating  compound  resulting  from  the  unlawful use or
21    consumption of cannabis, as covered by the  Cannabis  Control
22    Act, a controlled substance listed in the Illinois Controlled
23    Substances Act, or an intoxicating compound listed in the Use
24    of  Intoxicating  Compounds  Act as detected in such person's
25    blood or urine, may result in the suspension of such person's
26    privilege to operate a  motor  vehicle.  The  length  of  the
27    suspension  shall  be the same as outlined in Section 6-208.1
28    of this Code regarding statutory summary suspensions.
29        (d)  If the person refuses testing or submits to  a  test
30    which  discloses an alcohol concentration of 0.08 or more, or
31    0.05 or more if subsection (a-1) of Section  11-501  of  this
32    Code  applies  to  the  person,  or  any  amount  of  a drug,
33    substance, or intoxicating compound in such person's blood or
34    urine resulting from  the  unlawful  use  or  consumption  of
 
                            -42-     LRB093 04007 DRH 04046 b
 1    cannabis  listed  in  the  Cannabis Control Act, a controlled
 2    substance listed in the Illinois Controlled  Substances  Act,
 3    or an intoxicating compound listed in the Use of Intoxicating
 4    Compounds  Act, the law enforcement officer shall immediately
 5    submit a sworn report to the Secretary of  State  on  a  form
 6    prescribed  by  the  Secretary,  certifying  that the test or
 7    tests were requested  pursuant  to  subsection  (a)  and  the
 8    person  refused  to submit to a test or tests or submitted to
 9    testing which disclosed an alcohol concentration of  0.08  or
10    more,  or  0.05 or more if subsection (a-1) of Section 11-501
11    of this Code applies to the person, or any amount of a  drug,
12    substance, or intoxicating compound in such person's blood or
13    urine,  resulting  from  the  unlawful  use or consumption of
14    cannabis listed in the Cannabis  Control  Act,  a  controlled
15    substance  listed  in the Illinois Controlled Substances Act,
16    or an intoxicating compound listed in the Use of Intoxicating
17    Compounds Act.
18        Upon receipt of the sworn report  of  a  law  enforcement
19    officer,  the  Secretary  shall  enter  the suspension to the
20    individual's driving  record  and  the  suspension  shall  be
21    effective  on  the  46th day following the date notice of the
22    suspension was given to the person.
23        The law enforcement officer submitting the  sworn  report
24    shall serve immediate notice of this suspension on the person
25    and  such  suspension  shall  be  effective  on  the 46th day
26    following the date notice was given.
27        In cases where the blood alcohol concentration of 0.08 or
28    more, or 0.05 or more if subsection (a-1) of  Section  11-501
29    of  this Code applies to the person, or any amount of a drug,
30    substance,  or  intoxicating  compound  resulting  from   the
31    unlawful  use  or  consumption  of  cannabis as listed in the
32    Cannabis Control Act, a controlled substance  listed  in  the
33    Illinois   Controlled  Substances  Act,  or  an  intoxicating
34    compound listed in the Use of Intoxicating Compounds Act,  is
 
                            -43-     LRB093 04007 DRH 04046 b
 1    established  by  a  subsequent  analysis  of  blood  or urine
 2    collected at the time of arrest, the arresting officer  shall
 3    give  notice as provided in this Section or by deposit in the
 4    United States mail of such notice in an envelope with postage
 5    prepaid and addressed to such person at his address as  shown
 6    on  the  Uniform  Traffic  Ticket and the suspension shall be
 7    effective on the 46th  day  following  the  date  notice  was
 8    given.
 9        Upon  receipt  of  the  sworn report of a law enforcement
10    officer,  the  Secretary  shall  also  give  notice  of   the
11    suspension to the driver by mailing a notice of the effective
12    date  of  the  suspension to the individual.  However, should
13    the sworn report be defective by  not  containing  sufficient
14    information  or  be  completed  in  error,  the notice of the
15    suspension shall not be mailed to the person  or  entered  to
16    the  driving  record,  but  rather  the sworn report shall be
17    returned to the issuing law enforcement agency.
18        (e)  A driver may contest this suspension of his  driving
19    privileges  by  requesting an administrative hearing with the
20    Secretary in accordance with Section 2-118 of this Code.   At
21    the  conclusion of a hearing held under Section 2-118 of this
22    Code, the Secretary may  rescind,  continue,  or  modify  the
23    order  of  suspension.  If the Secretary does not rescind the
24    order, a restricted driving permit  may  be  granted  by  the
25    Secretary  upon  application being made and good cause shown.
26    A restricted driving permit may be granted to  relieve  undue
27    hardship  to  allow  driving for employment, educational, and
28    medical purposes as outlined in Section 6-206 of  this  Code.
29    The provisions of Section 6-206 of this Code shall apply.
30        (f)  (Blank).
31        (g)  For  the purposes of this Section, a personal injury
32    shall include any type A injury as indicated on  the  traffic
33    accident  report  completed by a law enforcement officer that
34    requires  immediate  professional  attention  in   either   a
 
                            -44-     LRB093 04007 DRH 04046 b
 1    doctor's office or a medical facility.  A type A injury shall
 2    include  severely bleeding wounds, distorted extremities, and
 3    injuries that require the injured party to  be  carried  from
 4    the scene.
 5    (Source:  P.A.  90-43,  eff.  7-2-97;  90-779,  eff.  1-1-99;
 6    91-357, eff. 7-29-99; 91-828, eff. 1-1-01.)

 7        Section  10.   The  Criminal  Code  of 1961 is amended by
 8    changing Section 9-3 as follows:

 9        (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
10        Sec.  9-3.    Involuntary   Manslaughter   and   Reckless
11    Homicide.
12        (a)  A  person  who  unintentionally  kills an individual
13    without lawful justification commits involuntary manslaughter
14    if his acts whether lawful or unlawful which cause the  death
15    are such as are likely to cause death or great bodily harm to
16    some  individual,  and he performs them recklessly, except in
17    cases in which the cause of the death consists of the driving
18    of a motor vehicle or  operating  a  snowmobile,  all-terrain
19    vehicle,  or  watercraft,  in  which  case the person commits
20    reckless homicide.
21        (b)  In cases involving reckless  homicide,  being  under
22    the  influence  of  alcohol or any other drug or drugs at the
23    time of  the  alleged  violation  shall  be  presumed  to  be
24    evidence  of  a  reckless act unless disproved by evidence to
25    the contrary.
26        (c)  For the purposes of this Section, a person shall  be
27    considered  to  be  under  the  influence of alcohol or other
28    drugs while:
29             1.  The alcohol concentration in the person's  blood
30        or  breath  is  0.08  or  more based on the definition of
31        blood  and  breath  units  in  Section  11-501.2  of  the
32        Illinois Vehicle Code, or the  alcohol  concentration  is
 
                            -45-     LRB093 04007 DRH 04046 b
 1        0.05 or more if subsection (a-1) of Section 11-501 of the
 2        Illinois Vehicle Code applies to the person;
 3             2.  Under  the influence of alcohol to a degree that
 4        renders the person incapable of safely  driving  a  motor
 5        vehicle  or  operating a snowmobile, all-terrain vehicle,
 6        or watercraft;
 7             3.  Under  the  influence  of  any  other  drug   or
 8        combination  of drugs to a degree that renders the person
 9        incapable of safely driving a motor vehicle or  operating
10        a snowmobile, all-terrain vehicle, or watercraft; or
11             4.  Under  the combined influence of alcohol and any
12        other drug or drugs to a degree which renders the  person
13        incapable  of safely driving a motor vehicle or operating
14        a snowmobile, all-terrain vehicle, or watercraft.
15        (d)  Sentence.
16             (1)  Involuntary manslaughter is a Class 3 felony.
17             (2)  Reckless homicide is a Class 3 felony.
18        (e)  Except as otherwise provided in subsection (e-5), in
19    cases involving reckless homicide in which the defendant  was
20    determined to have been under the influence of alcohol or any
21    other drug or drugs as an element of the offense, or in cases
22    in which the defendant is proven beyond a reasonable doubt to
23    have been under the influence of alcohol or any other drug or
24    drugs,  the  penalty  shall  be a Class 2 felony, for which a
25    person, if sentenced to a  term  of  imprisonment,  shall  be
26    sentenced  to  a  term  of not less than 3 years and not more
27    than 14 years.
28        (e-5)  In cases involving reckless homicide in which  the
29    defendant  was determined to have been under the influence of
30    alcohol or any other drug or  drugs  as  an  element  of  the
31    offense,  or in cases in which the defendant is proven beyond
32    a reasonable doubt  to  have  been  under  the  influence  of
33    alcohol  or any other drug or drugs, if the defendant kills 2
34    or more individuals as part of a single  course  of  conduct,
 
                            -46-     LRB093 04007 DRH 04046 b
 1    the  penalty  is  a  Class  2  felony, for which a person, if
 2    sentenced to a term of imprisonment, shall be sentenced to  a
 3    term of not less than 6 years and not more than 28 years.
 4        (f)  In cases involving involuntary manslaughter in which
 5    the  victim  was  a  family or household member as defined in
 6    paragraph (3) of Section  112A-3  of  the  Code  of  Criminal
 7    Procedure of 1963, the penalty shall be a Class 2 felony, for
 8    which  a person if sentenced to a term of imprisonment, shall
 9    be sentenced to a term of not less than 3 years and not  more
10    than 14 years.
11    (Source: P.A.  91-6, eff. 1-1-00; 91-122, eff. 1-1-00; 92-16,
12    eff. 6-28-01.)