Full Text of SB3732 96th General Assembly
SB3732enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 2-118.1, 6-106.1a, 6-118, 6-205, 6-206, 6-208.1, | 6 |
| 6-303, 6-520, 11-401, 11-500, 11-501.1, 11-501.6, and 11-501.8 | 7 |
| and by adding Section 1-197.6 as follows: | 8 |
| (625 ILCS 5/1-197.6 new) | 9 |
| Sec. 1-197.6. Statutory summary revocation of driving | 10 |
| privileges. The revocation by the Secretary of State of a | 11 |
| person's license or privilege to operate a motor vehicle on the | 12 |
| public highways for the period provided in Section 6-208.1. | 13 |
| Reinstatement after the revocation period shall occur after the | 14 |
| person has been approved for reinstatement through an | 15 |
| administrative hearing with the Secretary of State, has filed | 16 |
| proof of financial responsibility, has paid the reinstatement | 17 |
| fee as provided in Section 6-118, and has successfully | 18 |
| completed all necessary examinations. The basis for this | 19 |
| revocation of driving privileges shall be the individual's | 20 |
| refusal to submit to or failure to complete a chemical test or | 21 |
| tests following an arrest for the offense of driving under the | 22 |
| influence of alcohol, other drugs, or intoxicating compounds, | 23 |
| or any combination thereof involving a motor vehicle accident |
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| that caused personal injury or death to another, as provided in | 2 |
| Section 11-501.1 of this Code. | 3 |
| (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1) | 4 |
| Sec. 2-118.1. Opportunity for hearing; statutory summary | 5 |
| alcohol
or other drug related suspension or revocation pursuant | 6 |
| to Section 11-501.1 . | 7 |
| (a) A statutory summary suspension or revocation of driving | 8 |
| privileges under Section
11-501.1 shall not become effective | 9 |
| until the person is notified in writing of
the impending | 10 |
| suspension or revocation and informed that he may request a | 11 |
| hearing in the
circuit court of venue under paragraph (b) of | 12 |
| this Section and the statutory
summary suspension or revocation | 13 |
| shall become effective as provided in Section 11-501.1. | 14 |
| (b) Within 90 days after the notice of statutory summary
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| suspension or revocation served under Section
11-501.1, the | 16 |
| person may make a written request for a judicial hearing in
the | 17 |
| circuit court of venue. The request to the circuit court shall | 18 |
| state
the grounds upon which the person seeks to have the | 19 |
| statutory summary
suspension or revocation rescinded. Within | 20 |
| 30 days after receipt of the written request
or the first | 21 |
| appearance date on the Uniform Traffic Ticket issued pursuant
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| to a violation of Section 11-501, or a similar provision of a | 23 |
| local
ordinance, the hearing shall be conducted by the circuit | 24 |
| court having
jurisdiction. This judicial hearing, request, or | 25 |
| process shall not stay or
delay the statutory summary |
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| suspension or revocation . The hearings shall proceed in the
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| court in the same manner as in other civil proceedings. | 3 |
| The hearing may be conducted upon a review of the law | 4 |
| enforcement
officer's own official reports; provided however, | 5 |
| that the person may
subpoena the officer. Failure of the | 6 |
| officer to answer the subpoena shall
be considered grounds for | 7 |
| a continuance if in the court's discretion the
continuance is | 8 |
| appropriate. | 9 |
| The scope of the hearing shall be limited to the issues of: | 10 |
| 1. Whether the person was placed under arrest for an | 11 |
| offense as defined
in Section 11-501, or a similar | 12 |
| provision of a local ordinance, as evidenced
by the | 13 |
| issuance of a Uniform Traffic Ticket, or issued a Uniform | 14 |
| Traffic
Ticket out of state as provided in subsection (a) | 15 |
| of Section 11-501.1; and | 16 |
| 2. Whether the officer had reasonable grounds to | 17 |
| believe that
the person was driving or in actual physical | 18 |
| control of a motor vehicle
upon a highway while under the | 19 |
| influence of alcohol, other drug, or
combination of both; | 20 |
| and | 21 |
| 3. Whether the person, after being advised by the | 22 |
| officer
that the privilege to operate a motor vehicle would | 23 |
| be suspended or revoked if the
person refused to submit to | 24 |
| and complete the test or tests, did refuse to
submit to or | 25 |
| complete the test or tests to determine the person's | 26 |
| alcohol
or drug concentration; or |
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| 4. Whether the person, after being advised by the | 2 |
| officer that
the privilege to operate a motor vehicle would | 3 |
| be suspended if the person
submits to a chemical test, or | 4 |
| tests, and the test discloses an alcohol
concentration of | 5 |
| 0.08 or more, or any amount of a drug, substance,
or | 6 |
| compound in the person's blood or urine resulting from the | 7 |
| unlawful use or
consumption of cannabis listed in the | 8 |
| Cannabis Control Act, a controlled
substance listed in the | 9 |
| Illinois Controlled Substances Act, an intoxicating
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| compound as listed in the Use of Intoxicating Compounds | 11 |
| Act, or methamphetamine as listed in the Methamphetamine | 12 |
| Control and Community Protection Act, and the person
did | 13 |
| submit to and complete the test or tests that determined an | 14 |
| alcohol
concentration of 0.08 or more. | 15 |
| 5. If the person's driving privileges were revoked, | 16 |
| whether the person was involved in a motor vehicle accident | 17 |
| that caused Type A injury or death to another. | 18 |
| Upon the conclusion of the judicial hearing, the circuit | 19 |
| court shall
sustain or rescind the statutory summary suspension | 20 |
| or revocation and immediately notify
the Secretary of State. | 21 |
| Reports received by the Secretary of State under
this Section | 22 |
| shall be privileged information and for use only by the
courts, | 23 |
| police officers, and Secretary of State. | 24 |
| (Source: P.A. 95-355, eff. 1-1-08.)
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| (625 ILCS 5/6-106.1a)
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| Sec. 6-106.1a. Cancellation of school bus driver permit; | 2 |
| trace of alcohol.
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| (a) A person who has been issued a school bus driver permit | 4 |
| by the Secretary
of State in accordance with Section 6-106.1 of | 5 |
| this Code and who drives or is
in actual physical control of a | 6 |
| school bus
or any other vehicle owned or operated by or for a | 7 |
| public or private
school, or a school operated by a religious | 8 |
| institution, when the vehicle is
being used over a regularly | 9 |
| scheduled route for the transportation of persons
enrolled as | 10 |
| students in grade 12 or below, in connection with any activity | 11 |
| of
the entities listed, upon the public highways of this State | 12 |
| shall be
deemed to have given consent to a chemical test or | 13 |
| tests of blood, breath, or
urine for the purpose of determining | 14 |
| the alcohol content of the person's blood
if arrested, as | 15 |
| evidenced
by the issuance of a Uniform Traffic Ticket for any | 16 |
| violation of this
Code or a similar provision of a local | 17 |
| ordinance, if a police officer
has probable cause to believe | 18 |
| that the driver has consumed any amount of an
alcoholic | 19 |
| beverage based upon evidence of the driver's physical condition
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| or other first hand knowledge of the police officer. The test | 21 |
| or tests shall
be administered at the direction of the | 22 |
| arresting officer. The law enforcement
agency employing the | 23 |
| officer shall designate which of the aforesaid tests shall
be | 24 |
| administered. A urine test may be administered even after a | 25 |
| blood or breath
test or both has been administered.
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| (b) A person who is dead, unconscious, or who is otherwise |
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| in a condition
rendering that person incapable of refusal, | 2 |
| shall be deemed not to have
withdrawn the consent provided by | 3 |
| paragraph (a) of this Section and the test or
tests may be | 4 |
| administered subject to the following provisions:
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| (1) Chemical analysis of the person's blood, urine, | 6 |
| breath, or
other substance,
to be considered valid under | 7 |
| the provisions of this Section, shall have been
performed | 8 |
| according to standards promulgated by the Department of | 9 |
| State Police by an
individual
possessing a valid permit | 10 |
| issued by the Department of State Police for this
purpose. | 11 |
| The
Director of State Police is authorized to approve | 12 |
| satisfactory techniques
or
methods, to ascertain the | 13 |
| qualifications and competence of individuals to
conduct | 14 |
| analyses, to issue
permits that shall be subject to | 15 |
| termination or revocation at the direction of
the | 16 |
| Department of State Police, and to certify the
accuracy of | 17 |
| breath testing
equipment. The
Department of State Police | 18 |
| shall prescribe rules as
necessary.
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| (2) When a person submits to a blood test at the | 20 |
| request of a law
enforcement officer under the provisions | 21 |
| of this Section, only a physician
authorized to practice | 22 |
| medicine, a registered nurse, or other qualified person
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| trained in venipuncture and acting under the direction of a | 24 |
| licensed physician
may withdraw blood for the purpose of | 25 |
| determining the alcohol content.
This limitation does not | 26 |
| apply to the taking of breath or urine specimens.
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| (3) The person tested may have a physician, qualified | 2 |
| technician, chemist,
registered nurse, or other qualified | 3 |
| person of his or her own choosing
administer a chemical | 4 |
| test or tests in addition to any test or tests
administered | 5 |
| at the direction of a law enforcement officer. The test
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| administered at the request of the person may be admissible | 7 |
| into evidence at a
hearing conducted in accordance with | 8 |
| Section 2-118 of this Code. The failure
or inability to | 9 |
| obtain an additional test by a person shall not preclude | 10 |
| the
consideration of the previously performed chemical | 11 |
| test.
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| (4) Upon a request of the person who submits to a | 13 |
| chemical test or tests
at the request of a law enforcement | 14 |
| officer, full information concerning the
test or tests | 15 |
| shall be made available to the person or that person's
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| attorney by the requesting law enforcement agency within 72 | 17 |
| hours of receipt of
the test result.
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| (5) Alcohol concentration means either grams of | 19 |
| alcohol per 100
milliliters of blood or grams of alcohol | 20 |
| per 210 liters of breath.
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| (6) If a driver is receiving medical treatment as a | 22 |
| result of a motor
vehicle accident, a physician licensed to | 23 |
| practice medicine, registered nurse,
or other qualified | 24 |
| person trained in venipuncture and acting under the
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| direction of a
licensed physician shall withdraw blood for | 26 |
| testing purposes to ascertain the
presence of alcohol upon |
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| the specific request of a law enforcement officer.
However, | 2 |
| that testing shall not be performed until, in the opinion | 3 |
| of the
medical personnel on scene, the withdrawal can be | 4 |
| made without interfering with
or endangering the | 5 |
| well-being of the patient.
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| (c) A person requested to submit to a test as provided in | 7 |
| this Section shall
be warned
by the law enforcement officer | 8 |
| requesting the test that a refusal to submit to
the test, or
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| submission to the test resulting in an alcohol concentration of | 10 |
| more than 0.00,
may result
in the loss of that person's | 11 |
| privilege to possess a school bus driver
permit. The loss of | 12 |
| the individual's privilege to possess a school bus driver
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| permit shall be imposed in accordance with Section 6-106.1b of | 14 |
| this Code.
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| (d) If the person refuses testing or submits to a test that | 16 |
| discloses an
alcohol concentration of more than 0.00, the law | 17 |
| enforcement officer shall
immediately submit a sworn report to | 18 |
| the Secretary of State on a form
prescribed by the Secretary of | 19 |
| State certifying that the test or tests were
requested under | 20 |
| subsection (a) and the person refused to submit to a test or
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| tests or submitted to testing which disclosed an alcohol | 22 |
| concentration of more
than 0.00. The law enforcement officer | 23 |
| shall submit the same sworn report when
a person who has been | 24 |
| issued a school bus driver permit and who was operating a
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| school bus or any other vehicle owned
or operated by or for a | 26 |
| public or private school, or a school operated by a
religious |
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| institution, when the vehicle is being used over a regularly
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| scheduled route for the transportation of persons enrolled as | 3 |
| students in grade
12 or below, in connection with
any activity | 4 |
| of the entities listed, submits to testing under Section | 5 |
| 11-501.1
of this Code and the testing discloses an alcohol | 6 |
| concentration of more than
0.00 and less than the alcohol | 7 |
| concentration at which driving or being in
actual physical | 8 |
| control of a motor vehicle is prohibited under paragraph (1) of
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| subsection (a) of Section 11-501.
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| Upon receipt of the sworn report of a law enforcement | 11 |
| officer, the Secretary
of State shall enter the school bus | 12 |
| driver permit sanction on the
individual's driving record and | 13 |
| the sanction shall be effective on the
46th day following the | 14 |
| date notice of the sanction was given to the person.
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| The law enforcement officer submitting the sworn report | 16 |
| shall serve immediate
notice of this school bus driver permit | 17 |
| sanction on the person and the sanction
shall be effective on | 18 |
| the 46th day following the date notice was given.
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| In cases where the blood alcohol concentration of more than | 20 |
| 0.00 is
established by a subsequent analysis of blood or urine, | 21 |
| the police officer or
arresting agency shall give notice as | 22 |
| provided in this Section or by deposit in
the United States | 23 |
| mail of that notice in an envelope with postage prepaid and
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| addressed to that person at his or her last known address and | 25 |
| the loss of the
school
bus driver permit shall be effective on | 26 |
| the 46th day following the date notice
was given.
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| Upon receipt of the sworn report of a law enforcement | 2 |
| officer, the Secretary
of State shall also give notice of the | 3 |
| school bus driver permit sanction to the
driver and the | 4 |
| driver's current employer by mailing a notice of the effective
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| date of the sanction to the individual. However, shall the | 6 |
| sworn report be
defective by not containing sufficient | 7 |
| information or be completed in error,
the notice of the school | 8 |
| bus driver permit sanction may not be mailed to the
person or | 9 |
| his current employer or entered to the driving record,
but | 10 |
| rather the sworn report shall be returned to the issuing law | 11 |
| enforcement
agency.
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| (e) A driver may contest this school bus driver permit | 13 |
| sanction by
requesting an administrative hearing with the | 14 |
| Secretary of State in accordance
with Section 2-118 of this | 15 |
| Code. An individual whose blood alcohol
concentration is shown | 16 |
| to be more than 0.00 is not subject to this Section if
he or she | 17 |
| consumed alcohol in the performance of a religious service or
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| ceremony. An individual whose blood alcohol concentration is | 19 |
| shown to be more
than 0.00 shall not be subject to this Section | 20 |
| if the individual's blood
alcohol concentration resulted only | 21 |
| from ingestion of the prescribed or
recommended dosage of | 22 |
| medicine that contained alcohol. The petition for that
hearing | 23 |
| shall not stay or delay the effective date of the impending | 24 |
| suspension.
The scope of this hearing shall be limited to the | 25 |
| issues of:
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| (1) whether the police officer had probable cause to |
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| believe that the
person was driving or in actual physical | 2 |
| control of a school bus
or any other vehicle owned or | 3 |
| operated by or for a
public or private school, or a
school | 4 |
| operated by a religious institution, when the vehicle is | 5 |
| being used
over a regularly scheduled route for the | 6 |
| transportation of persons enrolled as
students in grade 12 | 7 |
| or below, in connection with any activity of the entities
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| listed, upon the public highways of the State and the | 9 |
| police officer had reason
to believe that the person was in | 10 |
| violation of any provision of this
Code or a similar | 11 |
| provision of a local ordinance; and
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| (2) whether the person was issued a Uniform Traffic | 13 |
| Ticket for any
violation of this Code or a similar | 14 |
| provision of a local
ordinance; and
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| (3) whether the police officer had probable cause to | 16 |
| believe that the
driver had
consumed any amount of an | 17 |
| alcoholic beverage based upon the driver's
physical | 18 |
| actions or other first-hand knowledge of the police | 19 |
| officer; and
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| (4) whether the person, after being advised by the | 21 |
| officer that the
privilege to possess a school bus driver | 22 |
| permit would be canceled if the person
refused to submit to | 23 |
| and complete the test or tests, did refuse to submit to or
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| complete the test or tests to determine the person's | 25 |
| alcohol concentration; and
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| (5) whether the person, after being advised by the |
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| officer that the
privileges to possess a school bus driver | 2 |
| permit would be canceled if the
person submits to a | 3 |
| chemical test or tests and the test or tests disclose an
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| alcohol concentration of more than 0.00 and
the person did | 5 |
| submit to and complete the test or tests that determined an
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| alcohol concentration of more than 0.00; and
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| (6) whether the test result of an alcohol concentration | 8 |
| of more than 0.00
was based upon the person's consumption | 9 |
| of alcohol in the performance of a
religious service or | 10 |
| ceremony; and
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| (7) whether the test result of an alcohol concentration | 12 |
| of more than 0.00
was based upon the person's consumption | 13 |
| of alcohol through ingestion of the
prescribed or | 14 |
| recommended dosage of medicine.
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| The Secretary of State may adopt administrative rules | 16 |
| setting forth
circumstances under which the holder of a school | 17 |
| bus driver permit is not
required to
appear in
person at the | 18 |
| hearing.
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| Provided that the petitioner may subpoena the officer, the | 20 |
| hearing may be
conducted upon a review of the law enforcement | 21 |
| officer's own official
reports. Failure of the officer to | 22 |
| answer the subpoena shall be grounds for a
continuance if, in | 23 |
| the hearing officer's discretion, the continuance is
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| appropriate. At the conclusion of the hearing held under | 25 |
| Section 2-118 of this
Code, the Secretary of State may rescind, | 26 |
| continue, or modify
the school bus driver permit sanction.
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| (f) The results of any chemical testing performed in | 2 |
| accordance with
subsection (a) of this Section are not | 3 |
| admissible in any civil or criminal
proceeding, except that the | 4 |
| results
of the testing may be considered at a hearing held | 5 |
| under Section 2-118 of this
Code. However, the results of the | 6 |
| testing may not be used to impose
driver's license sanctions | 7 |
| under Section 11-501.1 of this Code. A law
enforcement officer | 8 |
| may, however, pursue a statutory summary suspension or | 9 |
| revocation of
driving privileges under Section 11-501.1 of this | 10 |
| Code if other physical
evidence or first hand knowledge forms | 11 |
| the basis of that suspension or revocation .
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| (g) This Section applies only to drivers who have been | 13 |
| issued a school bus
driver permit in accordance with Section | 14 |
| 6-106.1 of this Code at the time of
the issuance of the Uniform | 15 |
| Traffic Ticket for a violation of this
Code or a similar | 16 |
| provision of a local ordinance, and a chemical test
request is | 17 |
| made under this Section.
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| (h) The action of the Secretary of State in suspending, | 19 |
| revoking, canceling,
or denying any license, permit, | 20 |
| registration, or certificate of title shall be
subject to | 21 |
| judicial review in the Circuit Court of Sangamon County or in | 22 |
| the
Circuit Court of Cook County, and the provisions of the | 23 |
| Administrative Review
Law and its rules are hereby adopted and | 24 |
| shall apply to and govern every
action for the judicial review | 25 |
| of final acts or decisions of the Secretary of
State under this | 26 |
| Section.
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| (Source: P.A. 90-107, eff. 1-1-98; 91-124, eff. 7-16-99; | 2 |
| 91-828, eff. 1-1-01.)
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| (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118) | 4 |
| Sec. 6-118. Fees. | 5 |
| (a) The fee for licenses and permits under this
Article is | 6 |
| as follows: | 7 |
| Original driver's license .............................$30 | 8 |
| Original or renewal driver's license | 9 |
| issued to 18, 19 and 20 year olds .................. 5 | 10 |
| All driver's licenses for persons | 11 |
| age 69 through age 80 .............................. 5 | 12 |
| All driver's licenses for persons | 13 |
| age 81 through age 86 .............................. 2 | 14 |
| All driver's licenses for persons | 15 |
| age 87 or older .....................................0 | 16 |
| Renewal driver's license (except for | 17 |
| applicants ages 18, 19 and 20 or | 18 |
| age 69 and older) ..................................30 | 19 |
| Original instruction permit issued to | 20 |
| persons (except those age 69 and older) | 21 |
| who do not hold or have not previously | 22 |
| held an Illinois instruction permit or | 23 |
| driver's license .................................. 20 | 24 |
| Instruction permit issued to any person | 25 |
| holding an Illinois driver's license |
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| who wishes a change in classifications, | 2 |
| other than at the time of renewal .................. 5 | 3 |
| Any instruction permit issued to a person | 4 |
| age 69 and older ................................... 5 | 5 |
| Instruction permit issued to any person, | 6 |
| under age 69, not currently holding a | 7 |
| valid Illinois driver's license or | 8 |
| instruction permit but who has | 9 |
| previously been issued either document | 10 |
| in Illinois ....................................... 10 | 11 |
| Restricted driving permit .............................. 8 | 12 |
| Monitoring device driving permit ...................... 8 | 13 |
| Duplicate or corrected driver's license | 14 |
| or permit .......................................... 5 | 15 |
| Duplicate or corrected restricted | 16 |
| driving permit ..................................... 5 | 17 |
| Duplicate or corrected monitoring | 18 |
| device driving permit .................................. 5 | 19 |
| Original or renewal M or L endorsement ................. 5 | 20 |
| SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | 21 |
| The fees for commercial driver licenses and permits | 22 |
| under Article V
shall be as follows: | 23 |
| Commercial driver's license: | 24 |
| $6 for the CDLIS/AAMVAnet Fund | 25 |
| (Commercial Driver's License Information | 26 |
| System/American Association of Motor Vehicle |
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| Administrators network Trust Fund); | 2 |
| $20 for the Motor Carrier Safety Inspection Fund; | 3 |
| $10 for the driver's license; | 4 |
| and $24 for the CDL: ............................. $60 | 5 |
| Renewal commercial driver's license: | 6 |
| $6 for the CDLIS/AAMVAnet Trust Fund; | 7 |
| $20 for the Motor Carrier Safety Inspection Fund; | 8 |
| $10 for the driver's license; and | 9 |
| $24 for the CDL: ................................. $60 | 10 |
| Commercial driver instruction permit | 11 |
| issued to any person holding a valid | 12 |
| Illinois driver's license for the | 13 |
| purpose of changing to a | 14 |
| CDL classification: $6 for the | 15 |
| CDLIS/AAMVAnet Trust Fund; | 16 |
| $20 for the Motor Carrier | 17 |
| Safety Inspection Fund; and | 18 |
| $24 for the CDL classification ................... $50 | 19 |
| Commercial driver instruction permit | 20 |
| issued to any person holding a valid | 21 |
| Illinois CDL for the purpose of | 22 |
| making a change in a classification, | 23 |
| endorsement or restriction ........................ $5 | 24 |
| CDL duplicate or corrected license .................... $5 | 25 |
| In order to ensure the proper implementation of the Uniform | 26 |
| Commercial
Driver License Act, Article V of this Chapter, the |
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| Secretary of State is
empowered to pro-rate the $24 fee for the | 2 |
| commercial driver's license
proportionate to the expiration | 3 |
| date of the applicant's Illinois driver's
license. | 4 |
| The fee for any duplicate license or permit shall be waived | 5 |
| for any
person age 60 or older who presents the Secretary of | 6 |
| State's office with a
police report showing that his license or | 7 |
| permit was stolen. | 8 |
| No additional fee shall be charged for a driver's license, | 9 |
| or for a
commercial driver's license, when issued
to the holder | 10 |
| of an instruction permit for the same classification or
type of | 11 |
| license who becomes eligible for such
license. | 12 |
| (b) Any person whose license or privilege to operate a | 13 |
| motor vehicle
in this State has been suspended or revoked under | 14 |
| Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 15 |
| Section 7-205, 7-303, or 7-702 of the Family
Financial
| 16 |
| Responsibility Law of this Code, shall in addition to any other
| 17 |
| fees required by this Code, pay a reinstatement fee as follows: | 18 |
| Suspension under Section 3-707 .....................
$100
| 19 |
| Summary suspension under Section 11-501.1 ...........$250
| 20 |
| Summary revocation under Section 11-501.1 ...........$500 | 21 |
| Other suspension ......................................$70 | 22 |
| Revocation ...........................................$500 | 23 |
| However, any person whose license or privilege to operate a | 24 |
| motor vehicle
in this State has been suspended or revoked for a | 25 |
| second or subsequent time
for a violation of Section 11-501 or | 26 |
| 11-501.1
of this Code or a similar provision of a local |
|
|
|
SB3732 Enrolled |
- 18 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| ordinance
or a similar out-of-state offense
or Section 9-3 of | 2 |
| the Criminal Code of 1961
and each suspension or revocation was | 3 |
| for a violation of Section 11-501 or
11-501.1 of this Code or a | 4 |
| similar provision of a local ordinance
or a similar | 5 |
| out-of-state offense
or Section
9-3 of the Criminal Code of | 6 |
| 1961
shall pay, in addition to any other
fees required by this | 7 |
| Code, a
reinstatement
fee as follows: | 8 |
| Summary suspension under Section 11-501.1 ............$500 | 9 |
| Summary revocation under Section 11-501.1 ...........$500 | 10 |
| Revocation ...........................................$500 | 11 |
| (c) All fees collected under the provisions of this Chapter | 12 |
| 6 shall be
paid into the Road Fund in the State Treasury except | 13 |
| as follows: | 14 |
| 1. The following amounts shall be paid into the Driver | 15 |
| Education Fund: | 16 |
| (A) $16 of the $20
fee for an original driver's | 17 |
| instruction permit; | 18 |
| (B) $5 of the $30 fee for an original driver's | 19 |
| license; | 20 |
| (C) $5 of the $30 fee for a 4 year renewal driver's | 21 |
| license;
| 22 |
| (D) $4 of the $8 fee for a restricted driving | 23 |
| permit; and | 24 |
| (E) $4 of the $8 fee for a monitoring device | 25 |
| driving permit. | 26 |
| 2. $30 of the $250 fee for reinstatement of a
license
|
|
|
|
SB3732 Enrolled |
- 19 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| summarily suspended under Section 11-501.1 shall be | 2 |
| deposited into the
Drunk and Drugged Driving Prevention | 3 |
| Fund.
However, for a person whose license or privilege to | 4 |
| operate a motor vehicle
in this State has been suspended or | 5 |
| revoked for a second or subsequent time for
a violation of | 6 |
| Section 11-501 or 11-501.1 of this Code or Section 9-3 of | 7 |
| the
Criminal Code of 1961,
$190 of the $500 fee for | 8 |
| reinstatement of a license summarily
suspended under
| 9 |
| Section 11-501.1,
and $190 of the $500 fee for | 10 |
| reinstatement of a revoked license
shall be deposited into | 11 |
| the Drunk and Drugged Driving Prevention Fund. $190 of the | 12 |
| $500 fee for reinstatement of a license summarily revoked | 13 |
| pursuant to Section 11-501.1 shall be deposited into the | 14 |
| Drunk and Drugged Driving Prevention Fund. | 15 |
| 3. $6 of such original or renewal fee for a commercial | 16 |
| driver's
license and $6 of the commercial driver | 17 |
| instruction permit fee when such
permit is issued to any | 18 |
| person holding a valid Illinois driver's license,
shall be | 19 |
| paid into the CDLIS/AAMVAnet Trust Fund. | 20 |
| 4. $30 of the $70 fee for reinstatement of a license | 21 |
| suspended
under the
Family
Financial Responsibility Law | 22 |
| shall be paid into the Family Responsibility
Fund. | 23 |
| 5. The $5 fee for each original or renewal M or L | 24 |
| endorsement shall be
deposited into the Cycle Rider Safety | 25 |
| Training Fund. | 26 |
| 6. $20 of any original or renewal fee for a commercial |
|
|
|
SB3732 Enrolled |
- 20 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| driver's
license or commercial driver instruction permit | 2 |
| shall be paid into the Motor
Carrier Safety Inspection | 3 |
| Fund. | 4 |
| 7. The following amounts shall be paid into the General | 5 |
| Revenue Fund: | 6 |
| (A) $190 of the $250 reinstatement fee for a | 7 |
| summary suspension under
Section 11-501.1; | 8 |
| (B) $40 of the $70 reinstatement fee for any other | 9 |
| suspension provided
in subsection (b) of this Section; | 10 |
| and | 11 |
| (C) $440 of the $500 reinstatement fee for a first | 12 |
| offense revocation
and $310 of the $500 reinstatement | 13 |
| fee for a second or subsequent revocation. | 14 |
| (d) All of the proceeds of the additional fees imposed by | 15 |
| this amendatory Act of the 96th General Assembly shall be | 16 |
| deposited into the Capital Projects Fund. | 17 |
| (e) The additional fees imposed by this amendatory Act of | 18 |
| the 96th General Assembly shall become effective 90 days after | 19 |
| becoming law. | 20 |
| (Source: P.A. 95-855, eff. 1-1-09; 96-34, eff. 7-13-09; 96-38, | 21 |
| eff. 7-13-09.) | 22 |
| (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205) | 23 |
| Sec. 6-205. Mandatory revocation of license or permit; | 24 |
| Hardship cases. | 25 |
| (a) Except as provided in this Section, the Secretary of |
|
|
|
SB3732 Enrolled |
- 21 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| State shall
immediately revoke the license, permit, or driving | 2 |
| privileges of
any driver upon receiving a
report of the | 3 |
| driver's conviction of any of the following offenses: | 4 |
| 1. Reckless homicide resulting from the operation of a | 5 |
| motor vehicle; | 6 |
| 2. Violation of Section 11-501 of this Code or a | 7 |
| similar provision of
a local ordinance relating to the | 8 |
| offense of operating or being in physical
control of a | 9 |
| vehicle while under the influence of alcohol, other drug or
| 10 |
| drugs, intoxicating compound or compounds, or any | 11 |
| combination thereof; | 12 |
| 3. Any felony under the laws of any State or the | 13 |
| federal government
in the commission of which a motor | 14 |
| vehicle was used; | 15 |
| 4. Violation of Section 11-401 of this Code relating to | 16 |
| the offense of
leaving the scene of a traffic accident | 17 |
| involving death or personal injury; | 18 |
| 5. Perjury or the making of a false affidavit or | 19 |
| statement under
oath to the Secretary of State under this | 20 |
| Code or under any
other law relating to the ownership or | 21 |
| operation of motor vehicles; | 22 |
| 6. Conviction upon 3 charges of violation of Section | 23 |
| 11-503 of this
Code relating to the offense of reckless | 24 |
| driving committed within a
period of 12 months; | 25 |
| 7. Conviction of any offense
defined in
Section 4-102 | 26 |
| of this Code; |
|
|
|
SB3732 Enrolled |
- 22 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| 8. Violation of Section 11-504 of this Code relating to | 2 |
| the offense
of drag racing; | 3 |
| 9. Violation of Chapters 8 and 9 of this Code; | 4 |
| 10. Violation of Section 12-5 of the Criminal Code of | 5 |
| 1961 arising from
the use of a motor vehicle; | 6 |
| 11. Violation of Section 11-204.1 of this Code relating | 7 |
| to aggravated
fleeing or attempting to elude a peace | 8 |
| officer; | 9 |
| 12. Violation of paragraph (1) of subsection (b) of | 10 |
| Section 6-507,
or a similar law of any other state, | 11 |
| relating to the
unlawful operation of a commercial motor | 12 |
| vehicle; | 13 |
| 13. Violation of paragraph (a) of Section 11-502 of | 14 |
| this Code or a
similar provision of a local ordinance if | 15 |
| the driver has been previously
convicted of a violation of | 16 |
| that Section or a similar provision of a local
ordinance | 17 |
| and the driver was less than 21 years of age at the time of | 18 |
| the
offense; | 19 |
| 14. Violation of paragraph (a) of Section 11-506 of | 20 |
| this Code or a similar provision of a local ordinance | 21 |
| relating to the offense of street racing;
| 22 |
| 15. A second or subsequent conviction of driving while | 23 |
| the person's driver's license, permit or privileges was | 24 |
| revoked for reckless homicide or a similar out-of-state | 25 |
| offense. | 26 |
| (b) The Secretary of State shall also immediately revoke |
|
|
|
SB3732 Enrolled |
- 23 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| the license
or permit of any driver in the following | 2 |
| situations: | 3 |
| 1. Of any minor upon receiving the notice provided for | 4 |
| in Section
5-901 of the Juvenile Court Act of 1987 that the | 5 |
| minor has been
adjudicated under that Act as having | 6 |
| committed an offense relating to
motor vehicles prescribed | 7 |
| in Section 4-103 of this Code; | 8 |
| 2. Of any person when any other law of this State | 9 |
| requires either the
revocation or suspension of a license | 10 |
| or permit; | 11 |
| 3. Of any person adjudicated under the Juvenile Court | 12 |
| Act of 1987 based on an offense determined to have been | 13 |
| committed in furtherance of the criminal activities of an | 14 |
| organized gang as provided in Section 5-710 of that Act, | 15 |
| and that involved the operation or use of a motor vehicle | 16 |
| or the use of a driver's license or permit. The revocation | 17 |
| shall remain in effect for the period determined by the | 18 |
| court. Upon the direction of the court, the Secretary shall | 19 |
| issue the person a judicial driving permit, also known as a | 20 |
| JDP. The JDP shall be subject to the same terms as a JDP | 21 |
| issued under Section 6-206.1, except that the court may | 22 |
| direct that a JDP issued under this subdivision (b)(3) be | 23 |
| effective immediately.
| 24 |
| (c)(1) Except as provided in subsection (c-5), whenever a | 25 |
| person is convicted of any of the offenses enumerated in
this | 26 |
| Section, the court may recommend and the Secretary of State in |
|
|
|
SB3732 Enrolled |
- 24 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| his
discretion, without regard to whether the recommendation is | 2 |
| made by the
court may, upon application,
issue to the person a
| 3 |
| restricted driving permit granting the privilege of driving a | 4 |
| motor
vehicle between the petitioner's residence and | 5 |
| petitioner's place
of employment or within the scope of the | 6 |
| petitioner's employment related
duties, or to allow the | 7 |
| petitioner to transport himself or herself or a family member
| 8 |
| of the petitioner's household to a medical facility for the | 9 |
| receipt of necessary medical care or to allow the
petitioner to | 10 |
| transport himself or herself to and from alcohol or drug | 11 |
| remedial or rehabilitative activity recommended by a licensed | 12 |
| service provider, or to allow the
petitioner to transport | 13 |
| himself or herself or a family member of the petitioner's | 14 |
| household to classes, as a student, at an accredited | 15 |
| educational
institution, or to allow the petitioner to | 16 |
| transport children living in the petitioner's household to and | 17 |
| from daycare; if the petitioner is able to demonstrate that no | 18 |
| alternative means
of transportation is reasonably available | 19 |
| and that the petitioner will not endanger
the public safety or | 20 |
| welfare; provided that the Secretary's discretion shall be
| 21 |
| limited to cases where undue hardship, as defined by the rules | 22 |
| of the Secretary of State, would result from a failure to issue | 23 |
| the
restricted driving permit. Those multiple offenders | 24 |
| identified in subdivision (b)4 of Section 6-208 of this Code, | 25 |
| however, shall not be eligible for the issuance of a restricted | 26 |
| driving permit. |
|
|
|
SB3732 Enrolled |
- 25 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| (2) If a person's license or permit is revoked or | 2 |
| suspended due to 2 or
more convictions of violating Section | 3 |
| 11-501 of this Code or a similar
provision of a local | 4 |
| ordinance or a similar out-of-state offense, or Section 9-3 | 5 |
| of the Criminal Code of 1961, where the use of alcohol or | 6 |
| other drugs is recited as an element of the offense, or a | 7 |
| similar out-of-state offense, or a combination of these | 8 |
| offenses, arising out
of separate occurrences, that | 9 |
| person, if issued a restricted driving permit,
may not | 10 |
| operate a vehicle unless it has been equipped with an | 11 |
| ignition
interlock device as defined in Section 1-129.1. | 12 |
| (3) If:
| 13 |
| (A) a person's license or permit is revoked or | 14 |
| suspended 2 or more
times within a 10 year period due | 15 |
| to any combination of: | 16 |
| (i)
a single conviction of violating Section
| 17 |
| 11-501 of this Code or a similar provision of a | 18 |
| local ordinance or a similar
out-of-state offense, | 19 |
| or Section 9-3 of the Criminal Code of 1961, where | 20 |
| the use of alcohol or other drugs is recited as an | 21 |
| element of the offense, or a similar out-of-state | 22 |
| offense; or | 23 |
| (ii)
a statutory summary suspension or | 24 |
| revocation under Section
11-501.1; or | 25 |
| (iii)
a suspension pursuant to Section | 26 |
| 6-203.1;
|
|
|
|
SB3732 Enrolled |
- 26 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| arising out of
separate occurrences; or | 2 |
| (B)
a person has been convicted of one violation of | 3 |
| Section 6-303 of this Code committed while his or her | 4 |
| driver's license, permit, or privilege was revoked | 5 |
| because of a violation of Section 9-3 of the Criminal | 6 |
| Code of 1961, relating to the offense of reckless | 7 |
| homicide where the use of alcohol or other drugs was | 8 |
| recited as an element of the offense, or a similar | 9 |
| provision of a law of another state;
| 10 |
| that person, if issued a restricted
driving permit, may not | 11 |
| operate a vehicle unless it has been equipped with an
| 12 |
| ignition interlock device as defined in Section 1-129.1. | 13 |
| (4)
The person issued a permit conditioned on the use | 14 |
| of an ignition interlock device must pay to the Secretary | 15 |
| of State DUI Administration Fund an amount
not to exceed | 16 |
| $30 per month. The Secretary shall establish by rule the | 17 |
| amount
and the procedures, terms, and conditions relating | 18 |
| to these fees. | 19 |
| (5)
If the restricted driving permit is issued for | 20 |
| employment purposes, then
the prohibition against | 21 |
| operating a motor vehicle that is not equipped with an | 22 |
| ignition interlock device does not apply to the operation | 23 |
| of an occupational vehicle
owned or leased by that person's | 24 |
| employer when used solely for employment purposes. | 25 |
| (6)
In each case the Secretary of State may issue a
| 26 |
| restricted driving permit for a period he deems |
|
|
|
SB3732 Enrolled |
- 27 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| appropriate, except that the
permit shall expire within one | 2 |
| year from the date of issuance. The Secretary
may not, | 3 |
| however, issue a restricted driving permit to any person | 4 |
| whose current
revocation is the result of a second or | 5 |
| subsequent conviction for a violation
of Section 11-501 of | 6 |
| this Code or a similar provision of a local ordinance
or | 7 |
| any similar out-of-state offense, or Section 9-3 of the | 8 |
| Criminal Code of 1961, where the use of alcohol or other | 9 |
| drugs is recited as an element of the offense, or any | 10 |
| similar out-of-state offense, or any combination of these | 11 |
| offenses, until the expiration of at least one year from | 12 |
| the date of the
revocation. A restricted
driving permit | 13 |
| issued under this Section shall be
subject to cancellation, | 14 |
| revocation, and suspension by the Secretary of
State in | 15 |
| like manner and for like cause as a driver's license issued
| 16 |
| under this Code may be cancelled, revoked, or
suspended; | 17 |
| except that a conviction upon one or more offenses against | 18 |
| laws or
ordinances regulating the movement of traffic shall | 19 |
| be deemed sufficient cause
for the revocation, suspension, | 20 |
| or cancellation of a restricted driving permit.
The | 21 |
| Secretary of State may, as a condition to the issuance of a | 22 |
| restricted
driving permit, require the petitioner to | 23 |
| participate in a designated driver
remedial or | 24 |
| rehabilitative program. The Secretary of State is | 25 |
| authorized to
cancel a restricted driving permit if the | 26 |
| permit holder does not successfully
complete the program. |
|
|
|
SB3732 Enrolled |
- 28 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| However, if an individual's driving privileges have been
| 2 |
| revoked in accordance with paragraph 13 of subsection (a) | 3 |
| of this Section, no
restricted driving permit shall be | 4 |
| issued until the individual has served 6
months of the | 5 |
| revocation period. | 6 |
| (c-5) (Blank).
| 7 |
| (c-6) If a person is convicted of a second violation of | 8 |
| operating a motor vehicle while the person's driver's license, | 9 |
| permit or privilege was revoked, where the revocation was for a | 10 |
| violation of Section 9-3 of the Criminal Code of 1961 relating | 11 |
| to the offense of reckless homicide or a similar out-of-state | 12 |
| offense, the person's driving privileges shall be revoked | 13 |
| pursuant to subdivision (a)(15) of this Section. The person may | 14 |
| not make application for a license or permit until the | 15 |
| expiration of five years from the effective date of the | 16 |
| revocation or the expiration of five years from the date of | 17 |
| release from a term of imprisonment, whichever is later. | 18 |
| (c-7) If a person is convicted of a third or subsequent | 19 |
| violation of operating a motor vehicle while the person's | 20 |
| driver's license, permit or privilege was revoked, where the | 21 |
| revocation was for a violation of Section 9-3 of the Criminal | 22 |
| Code of 1961 relating to the offense of reckless homicide or a | 23 |
| similar out-of-state offense, the person may never apply for a | 24 |
| license or permit. | 25 |
| (d)(1) Whenever a person under the age of 21 is convicted | 26 |
| under Section
11-501 of this Code or a similar provision of a |
|
|
|
SB3732 Enrolled |
- 29 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| local ordinance or a similar out-of-state offense, the
| 2 |
| Secretary of State shall revoke the driving privileges of that | 3 |
| person. One
year after the date of revocation, and upon | 4 |
| application, the Secretary of
State may, if satisfied that the | 5 |
| person applying will not endanger the
public safety or welfare, | 6 |
| issue a restricted driving permit granting the
privilege of | 7 |
| driving a motor vehicle only between the hours of 5 a.m. and 9
| 8 |
| p.m. or as otherwise provided by this Section for a period of | 9 |
| one year.
After this one year period, and upon reapplication | 10 |
| for a license as
provided in Section 6-106, upon payment of the | 11 |
| appropriate reinstatement
fee provided under paragraph (b) of | 12 |
| Section 6-118, the Secretary of State,
in his discretion, may
| 13 |
| reinstate the petitioner's driver's license and driving | 14 |
| privileges, or extend the restricted driving permit as many | 15 |
| times as the
Secretary of State deems appropriate, by | 16 |
| additional periods of not more than
12 months each. | 17 |
| (2) If a person's license or permit is revoked or | 18 |
| suspended due to 2 or
more convictions of violating Section | 19 |
| 11-501 of this Code or a similar
provision of a local | 20 |
| ordinance or a similar out-of-state offense, or Section 9-3 | 21 |
| of the Criminal Code of 1961, where the use of alcohol or | 22 |
| other drugs is recited as an element of the offense, or a | 23 |
| similar out-of-state offense, or a combination of these | 24 |
| offenses, arising out
of separate occurrences, that | 25 |
| person, if issued a restricted driving permit,
may not | 26 |
| operate a vehicle unless it has been equipped with an |
|
|
|
SB3732 Enrolled |
- 30 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| ignition
interlock device as defined in Section 1-129.1. | 2 |
| (3) If a person's license or permit is revoked or | 3 |
| suspended 2 or more times
within a 10 year period due to | 4 |
| any combination of: | 5 |
| (A) a single conviction of violating Section | 6 |
| 11-501
of this
Code or a similar provision of a local | 7 |
| ordinance or a similar out-of-state
offense, or | 8 |
| Section 9-3 of the Criminal Code of 1961, where the use | 9 |
| of alcohol or other drugs is recited as an element of | 10 |
| the offense, or a similar out-of-state offense; or | 11 |
| (B)
a statutory summary suspension or revocation | 12 |
| under Section 11-501.1; or | 13 |
| (C) a suspension pursuant to Section 6-203.1; | 14 |
| arising out of separate occurrences, that person, if issued | 15 |
| a
restricted
driving permit, may not operate a vehicle | 16 |
| unless it has been equipped with an
ignition interlock | 17 |
| device as defined in Section 1-129.1. | 18 |
| (4)
The person issued a permit conditioned upon the use | 19 |
| of an interlock device must pay to the Secretary of State | 20 |
| DUI Administration Fund an amount
not to exceed $30 per | 21 |
| month. The Secretary shall establish by rule the amount
and | 22 |
| the procedures, terms, and conditions relating to these | 23 |
| fees. | 24 |
| (5)
If the restricted driving permit is issued for | 25 |
| employment purposes, then
the prohibition against driving | 26 |
| a vehicle that is not equipped with an ignition interlock |
|
|
|
SB3732 Enrolled |
- 31 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| device does not apply to the operation of an occupational | 2 |
| vehicle
owned or leased by that person's employer when used | 3 |
| solely for employment purposes. | 4 |
| (6) A
restricted driving permit issued under this | 5 |
| Section shall be subject to
cancellation, revocation, and | 6 |
| suspension by the Secretary of State in like
manner and for | 7 |
| like cause as a driver's license issued under this Code may | 8 |
| be
cancelled, revoked, or suspended; except that a | 9 |
| conviction upon one or more
offenses against laws or | 10 |
| ordinances regulating the movement of traffic
shall be | 11 |
| deemed sufficient cause for the revocation, suspension, or
| 12 |
| cancellation of a restricted driving permit.
| 13 |
| (d-5) The revocation of the license, permit, or driving | 14 |
| privileges of a person convicted of a third or subsequent | 15 |
| violation of Section 6-303 of this Code committed while his or | 16 |
| her driver's license, permit, or privilege was revoked because | 17 |
| of a violation of Section 9-3 of the Criminal Code of 1961, | 18 |
| relating to the offense of reckless homicide, or a similar | 19 |
| provision of a law of another state, is permanent. The | 20 |
| Secretary may not, at any time, issue a license or permit to | 21 |
| that person.
| 22 |
| (e) This Section is subject to the provisions of the Driver | 23 |
| License
Compact. | 24 |
| (f) Any revocation imposed upon any person under | 25 |
| subsections 2
and 3 of paragraph (b) that is in effect on | 26 |
| December 31, 1988 shall be
converted to a suspension for a like |
|
|
|
SB3732 Enrolled |
- 32 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| period of time. | 2 |
| (g) The Secretary of State shall not issue a restricted | 3 |
| driving permit to
a person under the age of 16 years whose | 4 |
| driving privileges have been revoked
under any provisions of | 5 |
| this Code. | 6 |
| (h) The Secretary of State shall require the use of | 7 |
| ignition interlock
devices on all vehicles owned by a person | 8 |
| who has been convicted of a
second or subsequent offense under | 9 |
| Section 11-501 of this Code or a similar
provision of a local | 10 |
| ordinance. The person must pay to the Secretary of State DUI | 11 |
| Administration Fund an amount not to exceed $30 for each month | 12 |
| that he or she uses the device. The Secretary shall establish | 13 |
| by rule and
regulation the procedures for certification and use | 14 |
| of the interlock
system, the amount of the fee, and the | 15 |
| procedures, terms, and conditions relating to these fees. | 16 |
| (i) (Blank). | 17 |
| (j) In accordance with 49 C.F.R. 384, the Secretary of | 18 |
| State may not issue a restricted driving permit for the | 19 |
| operation of a commercial motor vehicle to a person holding a | 20 |
| CDL whose driving privileges have been revoked, suspended, | 21 |
| cancelled, or disqualified under any provisions of this Code.
| 22 |
| (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | 23 |
| eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | 24 |
| eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | 25 |
| 96-607, eff. 8-24-09.) |
|
|
|
SB3732 Enrolled |
- 33 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) | 2 |
| Sec. 6-206. Discretionary authority to suspend or revoke | 3 |
| license or
permit; Right to a hearing. | 4 |
| (a) The Secretary of State is authorized to suspend or | 5 |
| revoke the
driving privileges of any person without preliminary | 6 |
| hearing upon a showing
of the person's records or other | 7 |
| sufficient evidence that
the person: | 8 |
| 1. Has committed an offense for which mandatory | 9 |
| revocation of
a driver's license or permit is required upon | 10 |
| conviction; | 11 |
| 2. Has been convicted of not less than 3 offenses | 12 |
| against traffic
regulations governing the movement of | 13 |
| vehicles committed within any 12
month period. No | 14 |
| revocation or suspension shall be entered more than
6 | 15 |
| months after the date of last conviction; | 16 |
| 3. Has been repeatedly involved as a driver in motor | 17 |
| vehicle
collisions or has been repeatedly convicted of | 18 |
| offenses against laws and
ordinances regulating the | 19 |
| movement of traffic, to a degree that
indicates lack of | 20 |
| ability to exercise ordinary and reasonable care in
the | 21 |
| safe operation of a motor vehicle or disrespect for the | 22 |
| traffic laws
and the safety of other persons upon the | 23 |
| highway; | 24 |
| 4. Has by the unlawful operation of a motor vehicle | 25 |
| caused or
contributed to an accident resulting in death or | 26 |
| injury requiring
immediate professional treatment in a |
|
|
|
SB3732 Enrolled |
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LRB096 20624 AJT 36335 b |
|
| 1 |
| medical facility or doctor's office
to any person, except | 2 |
| that any suspension or revocation imposed by the
Secretary | 3 |
| of State under the provisions of this subsection shall | 4 |
| start no
later than 6 months after being convicted of | 5 |
| violating a law or
ordinance regulating the movement of | 6 |
| traffic, which violation is related
to the accident, or | 7 |
| shall start not more than one year
after
the date of the | 8 |
| accident, whichever date occurs later; | 9 |
| 5. Has permitted an unlawful or fraudulent use of a | 10 |
| driver's
license, identification card, or permit; | 11 |
| 6. Has been lawfully convicted of an offense or | 12 |
| offenses in another
state, including the authorization | 13 |
| contained in Section 6-203.1, which
if committed within | 14 |
| this State would be grounds for suspension or revocation; | 15 |
| 7. Has refused or failed to submit to an examination | 16 |
| provided for by
Section 6-207 or has failed to pass the | 17 |
| examination; | 18 |
| 8. Is ineligible for a driver's license or permit under | 19 |
| the provisions
of Section 6-103; | 20 |
| 9. Has made a false statement or knowingly concealed a | 21 |
| material fact
or has used false information or | 22 |
| identification in any application for a
license, | 23 |
| identification card, or permit; | 24 |
| 10. Has possessed, displayed, or attempted to | 25 |
| fraudulently use any
license, identification card, or | 26 |
| permit not issued to the person; |
|
|
|
SB3732 Enrolled |
- 35 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| 11. Has operated a motor vehicle upon a highway of this | 2 |
| State when
the person's driving privilege or privilege to | 3 |
| obtain a driver's license
or permit was revoked or | 4 |
| suspended unless the operation was authorized by
a | 5 |
| monitoring device driving permit, judicial driving permit | 6 |
| issued prior to January 1, 2009, probationary license to | 7 |
| drive, or a restricted
driving permit issued under this | 8 |
| Code; | 9 |
| 12. Has submitted to any portion of the application | 10 |
| process for
another person or has obtained the services of | 11 |
| another person to submit to
any portion of the application | 12 |
| process for the purpose of obtaining a
license, | 13 |
| identification card, or permit for some other person; | 14 |
| 13. Has operated a motor vehicle upon a highway of this | 15 |
| State when
the person's driver's license or permit was | 16 |
| invalid under the provisions of
Sections 6-107.1 and
6-110; | 17 |
| 14. Has committed a violation of Section 6-301, | 18 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 19 |
| of the Illinois Identification Card
Act; | 20 |
| 15. Has been convicted of violating Section 21-2 of the | 21 |
| Criminal Code
of 1961 relating to criminal trespass to | 22 |
| vehicles in which case, the suspension
shall be for one | 23 |
| year; | 24 |
| 16. Has been convicted of violating Section 11-204 of | 25 |
| this Code relating
to fleeing from a peace officer; | 26 |
| 17. Has refused to submit to a test, or tests, as |
|
|
|
SB3732 Enrolled |
- 36 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| required under Section
11-501.1 of this Code and the person | 2 |
| has not sought a hearing as
provided for in Section | 3 |
| 11-501.1; | 4 |
| 18. Has, since issuance of a driver's license or | 5 |
| permit, been adjudged
to be afflicted with or suffering | 6 |
| from any mental disability or disease; | 7 |
| 19. Has committed a violation of paragraph (a) or (b) | 8 |
| of Section 6-101
relating to driving without a driver's | 9 |
| license; | 10 |
| 20. Has been convicted of violating Section 6-104 | 11 |
| relating to
classification of driver's license; | 12 |
| 21. Has been convicted of violating Section 11-402 of
| 13 |
| this Code relating to leaving the scene of an accident | 14 |
| resulting in damage
to a vehicle in excess of $1,000, in | 15 |
| which case the suspension shall be
for one year; | 16 |
| 22. Has used a motor vehicle in violating paragraph | 17 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 18 |
| the Criminal Code of 1961 relating
to unlawful use of | 19 |
| weapons, in which case the suspension shall be for one
| 20 |
| year; | 21 |
| 23. Has, as a driver, been convicted of committing a | 22 |
| violation of
paragraph (a) of Section 11-502 of this Code | 23 |
| for a second or subsequent
time within one year of a | 24 |
| similar violation; | 25 |
| 24. Has been convicted by a court-martial or punished | 26 |
| by non-judicial
punishment by military authorities of the |
|
|
|
SB3732 Enrolled |
- 37 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| United States at a military
installation in Illinois of or | 2 |
| for a traffic related offense that is the
same as or | 3 |
| similar to an offense specified under Section 6-205 or | 4 |
| 6-206 of
this Code; | 5 |
| 25. Has permitted any form of identification to be used | 6 |
| by another in
the application process in order to obtain or | 7 |
| attempt to obtain a license,
identification card, or | 8 |
| permit; | 9 |
| 26. Has altered or attempted to alter a license or has | 10 |
| possessed an
altered license, identification card, or | 11 |
| permit; | 12 |
| 27. Has violated Section 6-16 of the Liquor Control Act | 13 |
| of 1934; | 14 |
| 28. Has been convicted of the illegal possession, while | 15 |
| operating or
in actual physical control, as a driver, of a | 16 |
| motor vehicle, of any
controlled substance prohibited | 17 |
| under the Illinois Controlled Substances
Act, any cannabis | 18 |
| prohibited under the Cannabis Control
Act, or any | 19 |
| methamphetamine prohibited under the Methamphetamine | 20 |
| Control and Community Protection Act, in which case the | 21 |
| person's driving privileges shall be suspended for
one | 22 |
| year, and any driver who is convicted of a second or | 23 |
| subsequent
offense, within 5 years of a previous | 24 |
| conviction, for the illegal
possession, while operating or | 25 |
| in actual physical control, as a driver, of
a motor | 26 |
| vehicle, of any controlled substance prohibited under the |
|
|
|
SB3732 Enrolled |
- 38 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| Illinois Controlled Substances Act, any cannabis
| 2 |
| prohibited under the Cannabis Control Act, or any | 3 |
| methamphetamine prohibited under the Methamphetamine | 4 |
| Control and Community Protection Act shall be suspended for | 5 |
| 5 years.
Any defendant found guilty of this offense while | 6 |
| operating a motor vehicle,
shall have an entry made in the | 7 |
| court record by the presiding judge that
this offense did | 8 |
| occur while the defendant was operating a motor vehicle
and | 9 |
| order the clerk of the court to report the violation to the | 10 |
| Secretary
of State; | 11 |
| 29. Has been convicted of the following offenses that | 12 |
| were committed
while the person was operating or in actual | 13 |
| physical control, as a driver,
of a motor vehicle: criminal | 14 |
| sexual assault,
predatory criminal sexual assault of a | 15 |
| child,
aggravated criminal sexual
assault, criminal sexual | 16 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 17 |
| soliciting for a juvenile prostitute and the manufacture, | 18 |
| sale or
delivery of controlled substances or instruments | 19 |
| used for illegal drug use
or abuse in which case the | 20 |
| driver's driving privileges shall be suspended
for one | 21 |
| year; | 22 |
| 30. Has been convicted a second or subsequent time for | 23 |
| any
combination of the offenses named in paragraph 29 of | 24 |
| this subsection,
in which case the person's driving | 25 |
| privileges shall be suspended for 5
years; | 26 |
| 31. Has refused to submit to a test as
required by |
|
|
|
SB3732 Enrolled |
- 39 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| Section 11-501.6 or has submitted to a test resulting in
an | 2 |
| alcohol concentration of 0.08 or more or any amount of a | 3 |
| drug, substance, or
compound resulting from the unlawful | 4 |
| use or consumption of cannabis as listed
in the Cannabis | 5 |
| Control Act, a controlled substance as listed in the | 6 |
| Illinois
Controlled Substances Act, an intoxicating | 7 |
| compound as listed in the Use of
Intoxicating Compounds | 8 |
| Act, or methamphetamine as listed in the Methamphetamine | 9 |
| Control and Community Protection Act, in which case the | 10 |
| penalty shall be
as prescribed in Section 6-208.1; | 11 |
| 32. Has been convicted of Section 24-1.2 of the | 12 |
| Criminal Code of
1961 relating to the aggravated discharge | 13 |
| of a firearm if the offender was
located in a motor vehicle | 14 |
| at the time the firearm was discharged, in which
case the | 15 |
| suspension shall be for 3 years; | 16 |
| 33. Has as a driver, who was less than 21 years of age | 17 |
| on the date of
the offense, been convicted a first time of | 18 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 19 |
| or a similar provision of a local ordinance; | 20 |
| 34. Has committed a violation of Section 11-1301.5 of | 21 |
| this Code; | 22 |
| 35. Has committed a violation of Section 11-1301.6 of | 23 |
| this Code; | 24 |
| 36. Is under the age of 21 years at the time of arrest | 25 |
| and has been
convicted of not less than 2 offenses against | 26 |
| traffic regulations governing
the movement of vehicles |
|
|
|
SB3732 Enrolled |
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LRB096 20624 AJT 36335 b |
|
| 1 |
| committed within any 24 month period. No revocation
or | 2 |
| suspension shall be entered more than 6 months after the | 3 |
| date of last
conviction; | 4 |
| 37. Has committed a violation of subsection (c) of | 5 |
| Section 11-907 of this
Code that resulted in damage to the | 6 |
| property of another or the death or injury of another; | 7 |
| 38. Has been convicted of a violation of Section 6-20 | 8 |
| of the Liquor
Control Act of 1934 or a similar provision of | 9 |
| a local ordinance; | 10 |
| 39. Has committed a second or subsequent violation of | 11 |
| Section
11-1201 of this Code; | 12 |
| 40. Has committed a violation of subsection (a-1) of | 13 |
| Section 11-908 of
this Code; | 14 |
| 41. Has committed a second or subsequent violation of | 15 |
| Section 11-605.1 of this Code within 2 years of the date of | 16 |
| the previous violation, in which case the suspension shall | 17 |
| be for 90 days; | 18 |
| 42. Has committed a violation of subsection (a-1) of | 19 |
| Section 11-1301.3 of this Code;
| 20 |
| 43. Has received a disposition of court supervision for | 21 |
| a violation of subsection (a), (d), or (e) of Section 6-20 | 22 |
| of the Liquor
Control Act of 1934 or a similar provision of | 23 |
| a local ordinance, in which case the suspension shall be | 24 |
| for a period of 3 months;
| 25 |
| 44.
Is under the age of 21 years at the time of arrest | 26 |
| and has been convicted of an offense against traffic |
|
|
|
SB3732 Enrolled |
- 41 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| regulations governing the movement of vehicles after | 2 |
| having previously had his or her driving privileges
| 3 |
| suspended or revoked pursuant to subparagraph 36 of this | 4 |
| Section; or | 5 |
| 45.
Has, in connection with or during the course of a | 6 |
| formal hearing conducted under Section 2-118 of this Code: | 7 |
| (i) committed perjury; (ii) submitted fraudulent or | 8 |
| falsified documents; (iii) submitted documents that have | 9 |
| been materially altered; or (iv) submitted, as his or her | 10 |
| own, documents that were in fact prepared or composed for | 11 |
| another person.
| 12 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 13 |
| and 27 of this
subsection, license means any driver's license, | 14 |
| any traffic ticket issued when
the person's driver's license is | 15 |
| deposited in lieu of bail, a suspension
notice issued by the | 16 |
| Secretary of State, a duplicate or corrected driver's
license, | 17 |
| a probationary driver's license or a temporary driver's | 18 |
| license. | 19 |
| (b) If any conviction forming the basis of a suspension or
| 20 |
| revocation authorized under this Section is appealed, the
| 21 |
| Secretary of State may rescind or withhold the entry of the | 22 |
| order of suspension
or revocation, as the case may be, provided | 23 |
| that a certified copy of a stay
order of a court is filed with | 24 |
| the Secretary of State. If the conviction is
affirmed on | 25 |
| appeal, the date of the conviction shall relate back to the | 26 |
| time
the original judgment of conviction was entered and the 6 |
|
|
|
SB3732 Enrolled |
- 42 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| month limitation
prescribed shall not apply. | 2 |
| (c) 1. Upon suspending or revoking the driver's license or | 3 |
| permit of
any person as authorized in this Section, the | 4 |
| Secretary of State shall
immediately notify the person in | 5 |
| writing of the revocation or suspension.
The notice to be | 6 |
| deposited in the United States mail, postage prepaid,
to the | 7 |
| last known address of the person. | 8 |
| 2. If the Secretary of State suspends the driver's | 9 |
| license
of a person under subsection 2 of paragraph (a) of | 10 |
| this Section, a
person's privilege to operate a vehicle as | 11 |
| an occupation shall not be
suspended, provided an affidavit | 12 |
| is properly completed, the appropriate fee
received, and a | 13 |
| permit issued prior to the effective date of the
| 14 |
| suspension, unless 5 offenses were committed, at least 2 of | 15 |
| which occurred
while operating a commercial vehicle in | 16 |
| connection with the driver's
regular occupation. All other | 17 |
| driving privileges shall be suspended by the
Secretary of | 18 |
| State. Any driver prior to operating a vehicle for
| 19 |
| occupational purposes only must submit the affidavit on | 20 |
| forms to be
provided by the Secretary of State setting | 21 |
| forth the facts of the person's
occupation. The affidavit | 22 |
| shall also state the number of offenses
committed while | 23 |
| operating a vehicle in connection with the driver's regular
| 24 |
| occupation. The affidavit shall be accompanied by the | 25 |
| driver's license.
Upon receipt of a properly completed | 26 |
| affidavit, the Secretary of State
shall issue the driver a |
|
|
|
SB3732 Enrolled |
- 43 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| permit to operate a vehicle in connection with the
driver's | 2 |
| regular occupation only. Unless the permit is issued by the
| 3 |
| Secretary of State prior to the date of suspension, the | 4 |
| privilege to drive
any motor vehicle shall be suspended as | 5 |
| set forth in the notice that was
mailed under this Section. | 6 |
| If an affidavit is received subsequent to the
effective | 7 |
| date of this suspension, a permit may be issued for the | 8 |
| remainder
of the suspension period. | 9 |
| The provisions of this subparagraph shall not apply to | 10 |
| any driver
required to possess a CDL for the purpose of | 11 |
| operating a commercial motor vehicle. | 12 |
| Any person who falsely states any fact in the affidavit | 13 |
| required
herein shall be guilty of perjury under Section | 14 |
| 6-302 and upon conviction
thereof shall have all driving | 15 |
| privileges revoked without further rights. | 16 |
| 3. At the conclusion of a hearing under Section 2-118 | 17 |
| of this Code,
the Secretary of State shall either rescind | 18 |
| or continue an order of
revocation or shall substitute an | 19 |
| order of suspension; or, good
cause appearing therefor, | 20 |
| rescind, continue, change, or extend the
order of | 21 |
| suspension. If the Secretary of State does not rescind the | 22 |
| order,
the Secretary may upon application,
to relieve undue | 23 |
| hardship (as defined by the rules of the Secretary of | 24 |
| State), issue
a restricted driving permit granting the | 25 |
| privilege of driving a motor
vehicle between the | 26 |
| petitioner's residence and petitioner's place of
|
|
|
|
SB3732 Enrolled |
- 44 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| employment or within the scope of the petitioner's | 2 |
| employment related duties, or to
allow the petitioner to | 3 |
| transport himself or herself, or a family member of the
| 4 |
| petitioner's household to a medical facility, to receive | 5 |
| necessary medical care, to allow the petitioner to | 6 |
| transport himself or herself to and from alcohol or drug
| 7 |
| remedial or rehabilitative activity recommended by a | 8 |
| licensed service provider, or to allow the petitioner to | 9 |
| transport himself or herself or a family member of the | 10 |
| petitioner's household to classes, as a student, at an | 11 |
| accredited educational institution, or to allow the | 12 |
| petitioner to transport children living in the | 13 |
| petitioner's household to and from daycare. The
petitioner | 14 |
| must demonstrate that no alternative means of
| 15 |
| transportation is reasonably available and that the | 16 |
| petitioner will not endanger
the public safety or welfare. | 17 |
| Those multiple offenders identified in subdivision (b)4 of | 18 |
| Section 6-208 of this Code, however, shall not be eligible | 19 |
| for the issuance of a restricted driving permit. | 20 |
| (A) If a person's license or permit is revoked or | 21 |
| suspended due to 2
or more convictions of violating | 22 |
| Section 11-501 of this Code or a similar
provision of a | 23 |
| local ordinance or a similar out-of-state offense, or | 24 |
| Section 9-3 of the Criminal Code of 1961, where the use | 25 |
| of alcohol or other drugs is recited as an element of | 26 |
| the offense, or a similar out-of-state offense, or a |
|
|
|
SB3732 Enrolled |
- 45 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| combination of these offenses, arising out
of separate | 2 |
| occurrences, that person, if issued a restricted | 3 |
| driving permit,
may not operate a vehicle unless it has | 4 |
| been equipped with an ignition
interlock device as | 5 |
| defined in Section 1-129.1. | 6 |
| (B) If a person's license or permit is revoked or | 7 |
| suspended 2 or more
times within a 10 year period due | 8 |
| to any combination of: | 9 |
| (i) a single conviction of violating Section
| 10 |
| 11-501 of this Code or a similar provision of a | 11 |
| local ordinance or a similar
out-of-state offense | 12 |
| or Section 9-3 of the Criminal Code of 1961, where | 13 |
| the use of alcohol or other drugs is recited as an | 14 |
| element of the offense, or a similar out-of-state | 15 |
| offense; or | 16 |
| (ii) a statutory summary suspension or | 17 |
| revocation under Section
11-501.1; or | 18 |
| (iii) a suspension under Section 6-203.1; | 19 |
| arising out of
separate occurrences; that person, if | 20 |
| issued a restricted driving permit, may
not operate a | 21 |
| vehicle unless it has been
equipped with an ignition | 22 |
| interlock device as defined in Section 1-129.1. | 23 |
| (C)
The person issued a permit conditioned upon the | 24 |
| use of an ignition interlock device must pay to the | 25 |
| Secretary of State DUI Administration Fund an amount
| 26 |
| not to exceed $30 per month. The Secretary shall |
|
|
|
SB3732 Enrolled |
- 46 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| establish by rule the amount
and the procedures, terms, | 2 |
| and conditions relating to these fees. | 3 |
| (D) If the
restricted driving permit is issued for | 4 |
| employment purposes, then the prohibition against | 5 |
| operating a motor vehicle that is not equipped with an | 6 |
| ignition interlock device does not apply to the | 7 |
| operation of an occupational vehicle owned or
leased by | 8 |
| that person's employer when used solely for employment | 9 |
| purposes. | 10 |
| (E) In each case the Secretary may issue a
| 11 |
| restricted driving permit for a period deemed | 12 |
| appropriate, except that all
permits shall expire | 13 |
| within one year from the date of issuance. The | 14 |
| Secretary
may not, however, issue a restricted driving | 15 |
| permit to any person whose current
revocation is the | 16 |
| result of a second or subsequent conviction for a | 17 |
| violation
of Section 11-501 of this Code or a similar | 18 |
| provision of a local ordinance
or any similar | 19 |
| out-of-state offense, or Section 9-3 of the Criminal | 20 |
| Code of 1961, where the use of alcohol or other drugs | 21 |
| is recited as an element of the offense, or any similar | 22 |
| out-of-state offense, or any combination
of those | 23 |
| offenses, until the expiration of at least one year | 24 |
| from the date of
the revocation. A
restricted driving | 25 |
| permit issued under this Section shall be subject to
| 26 |
| cancellation, revocation, and suspension by the |
|
|
|
SB3732 Enrolled |
- 47 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| Secretary of State in like
manner and for like cause as | 2 |
| a driver's license issued under this Code may be
| 3 |
| cancelled, revoked, or suspended; except that a | 4 |
| conviction upon one or more
offenses against laws or | 5 |
| ordinances regulating the movement of traffic
shall be | 6 |
| deemed sufficient cause for the revocation, | 7 |
| suspension, or
cancellation of a restricted driving | 8 |
| permit. The Secretary of State may, as
a condition to | 9 |
| the issuance of a restricted driving permit, require | 10 |
| the
applicant to participate in a designated driver | 11 |
| remedial or rehabilitative
program. The Secretary of | 12 |
| State is authorized to cancel a restricted
driving | 13 |
| permit if the permit holder does not successfully | 14 |
| complete the program. | 15 |
| (c-3) In the case of a suspension under paragraph 43 of | 16 |
| subsection (a), reports received by the Secretary of State | 17 |
| under this Section shall, except during the actual time the | 18 |
| suspension is in effect, be privileged information and for use | 19 |
| only by the courts, police officers, prosecuting authorities, | 20 |
| the driver licensing administrator of any other state, the | 21 |
| Secretary of State, or the parent or legal guardian of a driver | 22 |
| under the age of 18. However, beginning January 1, 2008, if the | 23 |
| person is a CDL holder, the suspension shall also be made | 24 |
| available to the driver licensing administrator of any other | 25 |
| state, the U.S. Department of Transportation, and the affected | 26 |
| driver or motor
carrier or prospective motor carrier upon |
|
|
|
SB3732 Enrolled |
- 48 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| request.
| 2 |
| (c-4) In the case of a suspension under paragraph 43 of | 3 |
| subsection (a), the Secretary of State shall notify the person | 4 |
| by mail that his or her driving privileges and driver's license | 5 |
| will be suspended one month after the date of the mailing of | 6 |
| the notice.
| 7 |
| (c-5) The Secretary of State may, as a condition of the | 8 |
| reissuance of a
driver's license or permit to an applicant | 9 |
| whose driver's license or permit has
been suspended before he | 10 |
| or she reached the age of 21 years pursuant to any of
the | 11 |
| provisions of this Section, require the applicant to | 12 |
| participate in a
driver remedial education course and be | 13 |
| retested under Section 6-109 of this
Code. | 14 |
| (d) This Section is subject to the provisions of the | 15 |
| Drivers License
Compact. | 16 |
| (e) The Secretary of State shall not issue a restricted | 17 |
| driving permit to
a person under the age of 16 years whose | 18 |
| driving privileges have been suspended
or revoked under any | 19 |
| provisions of this Code. | 20 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 21 |
| State may not issue a restricted driving permit for the | 22 |
| operation of a commercial motor vehicle to a person holding a | 23 |
| CDL whose driving privileges have been suspended, revoked, | 24 |
| cancelled, or disqualified under any provisions of this Code. | 25 |
| (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382, | 26 |
| eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848, |
|
|
|
SB3732 Enrolled |
- 49 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328, | 2 |
| eff. 8-11-09; 96-607, eff. 8-24-09.) | 3 |
| (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | 4 |
| Sec. 6-208.1. Period of statutory summary alcohol, other | 5 |
| drug,
or intoxicating compound related suspension or | 6 |
| revocation . | 7 |
| (a) Unless the statutory summary suspension has been | 8 |
| rescinded, any
person whose privilege to drive a motor vehicle | 9 |
| on the public highways has
been summarily suspended, pursuant | 10 |
| to Section 11-501.1, shall not be
eligible for restoration of | 11 |
| the privilege until the expiration of: | 12 |
| 1. Twelve months from the effective date of the | 13 |
| statutory summary suspension
for a refusal or failure to | 14 |
| complete a test or tests to determine the
alcohol, drug, or | 15 |
| intoxicating compound concentration, pursuant
to
Section | 16 |
| 11-501.1 , if the person was not involved in a motor vehicle | 17 |
| crash that caused personal injury or death to another ; or | 18 |
| 2. Six months from the effective date of the statutory | 19 |
| summary
suspension imposed following the person's | 20 |
| submission to a chemical test
which disclosed an alcohol | 21 |
| concentration of 0.08 or more, or any
amount
of a
drug, | 22 |
| substance, or intoxicating compound in such person's
| 23 |
| breath, blood, or
urine resulting
from the unlawful use or | 24 |
| consumption of cannabis listed in the Cannabis
Control Act, | 25 |
| a controlled substance listed in the Illinois
Controlled
|
|
|
|
SB3732 Enrolled |
- 50 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| Substances Act, an intoxicating compound listed in the Use | 2 |
| of Intoxicating
Compounds Act, or methamphetamine as | 3 |
| listed in the Methamphetamine Control and Community | 4 |
| Protection Act, pursuant to Section 11-501.1; or | 5 |
| 3. Three years from the effective date of the statutory | 6 |
| summary suspension
for any person other than a first | 7 |
| offender who refuses or fails to
complete a test or tests | 8 |
| to determine the alcohol, drug, or
intoxicating
compound | 9 |
| concentration
pursuant to Section 11-501.1; or | 10 |
| 4. One year from the effective date of the summary | 11 |
| suspension imposed
for any person other than a first | 12 |
| offender following submission to a
chemical test which | 13 |
| disclosed an alcohol concentration of 0.08 or
more
pursuant | 14 |
| to Section 11-501.1 or any amount of a drug, substance or
| 15 |
| compound in such person's blood or urine resulting from the | 16 |
| unlawful use or
consumption of cannabis listed in the | 17 |
| Cannabis Control Act, a
controlled
substance listed in the | 18 |
| Illinois Controlled Substances Act, an
intoxicating
| 19 |
| compound listed in the Use of Intoxicating Compounds Act, | 20 |
| or methamphetamine as listed in the Methamphetamine | 21 |
| Control and Community Protection Act. | 22 |
| (a-1) Unless the statutory summary revocation has been | 23 |
| rescinded, any person whose privilege to drive has been | 24 |
| summarily revoked pursuant to Section 11-501.1 may not make | 25 |
| application for a license or permit until the expiration of one | 26 |
| year from the effective date of the summary revocation. |
|
|
|
SB3732 Enrolled |
- 51 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| (b) Following a statutory summary suspension of the | 2 |
| privilege to drive a
motor vehicle under Section 11-501.1, | 3 |
| driving privileges shall be
restored unless the person is | 4 |
| otherwise suspended, revoked, or cancelled by this Code. If
the | 5 |
| court has reason to believe that the person's
driving privilege | 6 |
| should not be restored, the court shall notify
the Secretary of | 7 |
| State prior to the expiration of the statutory summary
| 8 |
| suspension so appropriate action may be taken pursuant to this | 9 |
| Code. | 10 |
| (c) Driving privileges may not be restored until all | 11 |
| applicable
reinstatement fees, as provided by this Code, have | 12 |
| been paid to the Secretary
of State and the appropriate entry | 13 |
| made to the driver's record. | 14 |
| (d) Where a driving privilege has been summarily suspended | 15 |
| or revoked under Section
11-501.1 and the person is | 16 |
| subsequently convicted of violating Section
11-501, or a | 17 |
| similar provision of a local ordinance, for the same incident,
| 18 |
| any period served on statutory summary suspension or revocation | 19 |
| shall be credited toward
the minimum period of revocation of | 20 |
| driving privileges imposed pursuant to
Section 6-205. | 21 |
| (e) Following a statutory summary suspension of driving | 22 |
| privileges
pursuant to Section 11-501.1, for a first offender, | 23 |
| the circuit court shall, unless the offender has opted in | 24 |
| writing not to have a monitoring device driving permit issued, | 25 |
| order the Secretary of State to issue a monitoring device | 26 |
| driving permit as provided in Section 6-206.1. A monitoring |
|
|
|
SB3732 Enrolled |
- 52 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| device driving permit shall not be effective prior to the 31st | 2 |
| day of the statutory summary suspension. A first offender who | 3 |
| refused chemical testing and whose driving privileges were | 4 |
| summarily revoked pursuant to Section 11-501.1 shall not be | 5 |
| eligible for any type of driving permit or privilege during the | 6 |
| summary revocation. | 7 |
| (f) (Blank). | 8 |
| (g) Following a statutory summary suspension of driving | 9 |
| privileges
pursuant to Section 11-501.1 where the person was | 10 |
| not a first offender, as
defined in Section 11-500, the | 11 |
| Secretary of State may not issue a
restricted driving permit. | 12 |
| (h) (Blank). | 13 |
| (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, | 14 |
| eff. 8-21-08.)
| 15 |
| (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 16 |
| Sec. 6-303. Driving while driver's license, permit or | 17 |
| privilege to
operate a motor vehicle is suspended or revoked.
| 18 |
| (a) Except as otherwise provided in subsection (a-5), any | 19 |
| person who drives or is in actual physical control of a motor
| 20 |
| vehicle on any highway of this State at a time when such | 21 |
| person's driver's
license, permit or privilege to do so or the | 22 |
| privilege to obtain a driver's
license or permit is revoked or | 23 |
| suspended as provided by this Code or the law
of another state, | 24 |
| except as may be specifically allowed by a judicial driving
| 25 |
| permit issued prior to January 1, 2009, monitoring device |
|
|
|
SB3732 Enrolled |
- 53 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| driving permit, family financial responsibility driving | 2 |
| permit, probationary
license to drive, or a restricted driving | 3 |
| permit issued pursuant to this Code
or under the law of another | 4 |
| state, shall be guilty of a Class A misdemeanor.
| 5 |
| (a-5) Any person who violates this Section as provided in | 6 |
| subsection (a) while his or her driver's license, permit or | 7 |
| privilege is revoked because of a violation of Section 9-3 of | 8 |
| the Criminal Code of 1961, relating to the offense of reckless | 9 |
| homicide or a similar provision of a law of another state, is | 10 |
| guilty of a Class 4 felony. The person shall be required to | 11 |
| undergo a professional evaluation, as provided in Section | 12 |
| 11-501 of this Code, to determine if an alcohol, drug, or | 13 |
| intoxicating compound problem exists and the extent of the | 14 |
| problem, and to undergo the imposition of treatment as | 15 |
| appropriate.
| 16 |
| (b) (Blank). | 17 |
| (b-1) Upon receiving a report of the conviction of any | 18 |
| violation indicating a person was operating a motor vehicle | 19 |
| during the time when the person's driver's license, permit or | 20 |
| privilege was suspended by the Secretary of State or the | 21 |
| driver's licensing administrator of another state, except as | 22 |
| specifically allowed by a probationary license, judicial | 23 |
| driving permit, restricted driving permit or monitoring device | 24 |
| driving permit the Secretary shall extend the suspension for | 25 |
| the same period of time as the originally imposed suspension | 26 |
| unless the suspension has already expired, in which case the |
|
|
|
SB3732 Enrolled |
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LRB096 20624 AJT 36335 b |
|
| 1 |
| Secretary shall be authorized to suspend the person's driving | 2 |
| privileges for the same period of time as the originally | 3 |
| imposed suspension. | 4 |
| (b-2) Except as provided in subsection (b-6), upon | 5 |
| receiving a report of the conviction of any violation | 6 |
| indicating a person was operating a motor vehicle when the | 7 |
| person's driver's license, permit or privilege was revoked by | 8 |
| the Secretary of State or the driver's license administrator of | 9 |
| any other state, except as specifically allowed by a restricted | 10 |
| driving permit issued pursuant to this Code or the law of | 11 |
| another state, the Secretary shall not issue a driver's license | 12 |
| for an additional period of one year from the date of such | 13 |
| conviction indicating such person was operating a vehicle | 14 |
| during such period of revocation. | 15 |
| (b-3) (Blank).
| 16 |
| (b-4) When the Secretary of State receives a report of a | 17 |
| conviction of any violation indicating a person was operating a | 18 |
| motor vehicle that was not equipped with an ignition interlock | 19 |
| device during a time when the person was prohibited from | 20 |
| operating a motor vehicle not equipped with such a device, the | 21 |
| Secretary shall not issue a driver's license to that person for | 22 |
| an additional period of one year from the date of the | 23 |
| conviction.
| 24 |
| (b-5) Any person convicted of violating this Section shall | 25 |
| serve a minimum
term of imprisonment of 30 consecutive days or | 26 |
| 300
hours of community service
when the person's driving |
|
|
|
SB3732 Enrolled |
- 55 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| privilege was revoked or suspended as a result of a violation | 2 |
| of Section 9-3 of the Criminal Code of 1961, as amended,
| 3 |
| relating to the offense of reckless homicide, or a similar | 4 |
| provision of a law of another state.
| 5 |
| (b-6) Upon receiving a report of a first conviction of | 6 |
| operating a motor vehicle while the person's driver's license, | 7 |
| permit or privilege was revoked where the revocation was for a | 8 |
| violation of Section 9-3 of the Criminal Code of 1961 relating | 9 |
| to the offense of reckless homicide or a similar out-of-state | 10 |
| offense, the Secretary shall not issue a driver's license for | 11 |
| an additional period of three years from the date of such | 12 |
| conviction. | 13 |
| (c) Except as provided in subsections (c-3) and (c-4), any | 14 |
| person convicted of violating this Section shall serve a | 15 |
| minimum
term of imprisonment of 10 consecutive days or 30
days | 16 |
| of community service
when the person's driving privilege was | 17 |
| revoked or suspended as a result of:
| 18 |
| (1) a violation of Section 11-501 of this Code or a | 19 |
| similar provision
of a local ordinance relating to the | 20 |
| offense of operating or being in physical
control of a | 21 |
| vehicle while under the influence of alcohol, any other | 22 |
| drug
or any combination thereof; or
| 23 |
| (2) a violation of paragraph (b) of Section 11-401 of | 24 |
| this Code or a
similar provision of a local ordinance | 25 |
| relating to the offense of leaving the
scene of a motor | 26 |
| vehicle accident involving personal injury or death; or
|
|
|
|
SB3732 Enrolled |
- 56 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| (3)
a statutory summary suspension or revocation under | 2 |
| Section 11-501.1 of this
Code.
| 3 |
| Such sentence of imprisonment or community service shall | 4 |
| not be subject
to suspension in order to reduce such sentence.
| 5 |
| (c-1) Except as provided in subsections (c-5) and (d), any | 6 |
| person convicted of a
second violation of this Section shall be | 7 |
| ordered by the court to serve a
minimum
of 100 hours of | 8 |
| community service.
| 9 |
| (c-2) In addition to other penalties imposed under this | 10 |
| Section, the
court may impose on any person convicted a fourth | 11 |
| time of violating this
Section any of
the following:
| 12 |
| (1) Seizure of the license plates of the person's | 13 |
| vehicle.
| 14 |
| (2) Immobilization of the person's vehicle for a period | 15 |
| of time
to be determined by the court.
| 16 |
| (c-3) Any person convicted of a violation of this Section | 17 |
| during a period of summary suspension imposed pursuant to | 18 |
| Section 11-501.1 when the person was eligible for a MDDP shall | 19 |
| be guilty of a Class 4 felony and shall serve a minimum term of | 20 |
| imprisonment of 30 days. | 21 |
| (c-4) Any person who has been issued a MDDP and who is | 22 |
| convicted of a violation of this Section as a result of | 23 |
| operating or being in actual physical control of a motor | 24 |
| vehicle not equipped with an ignition interlock device at the | 25 |
| time of the offense shall be guilty of a Class 4 felony and | 26 |
| shall serve a minimum term of imprisonment of 30 days.
|
|
|
|
SB3732 Enrolled |
- 57 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| (c-5) Any person convicted of a second violation of this
| 2 |
| Section is guilty of a Class 2 felony, is not eligible for | 3 |
| probation or conditional discharge, and shall serve a mandatory | 4 |
| term of
imprisonment, if the
revocation or
suspension was for a | 5 |
| violation of Section 9-3 of the Criminal Code of 1961, relating
| 6 |
| to the offense of reckless homicide, or a similar out-of-state | 7 |
| offense.
| 8 |
| (d) Any person convicted of a second violation of this
| 9 |
| Section shall be guilty of a Class 4 felony and shall serve a | 10 |
| minimum term of
imprisonment of 30 days or 300 hours of | 11 |
| community service, as determined by the
court, if the original
| 12 |
| revocation or
suspension was for a violation of Section 11-401 | 13 |
| or 11-501 of this Code,
or a similar out-of-state offense, or a | 14 |
| similar provision of a local
ordinance, or a
statutory summary | 15 |
| suspension or revocation under Section 11-501.1 of this Code.
| 16 |
| (d-1) Except as provided in subsections (d-2), (d-2.5), and | 17 |
| (d-3), any
person convicted of
a third or subsequent violation | 18 |
| of this Section shall serve a minimum term of
imprisonment of | 19 |
| 30 days or 300 hours of community service, as determined by the
| 20 |
| court.
| 21 |
| (d-2) Any person convicted of a third violation of this
| 22 |
| Section is guilty of a Class 4 felony and must serve a minimum | 23 |
| term of
imprisonment of 30 days if the revocation or
suspension | 24 |
| was for a violation of Section 11-401 or 11-501 of this Code,
| 25 |
| or a similar out-of-state offense, or a similar provision of a | 26 |
| local
ordinance, or a
statutory summary suspension or |
|
|
|
SB3732 Enrolled |
- 58 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| revocation under Section 11-501.1 of this Code.
| 2 |
| (d-2.5) Any person convicted of a third violation of this
| 3 |
| Section is guilty of a Class 1 felony, is not eligible for | 4 |
| probation or conditional discharge, and must serve a mandatory | 5 |
| term of
imprisonment if the revocation or
suspension was for a | 6 |
| violation of Section 9-3 of the Criminal Code of 1961, relating | 7 |
| to the offense of reckless homicide, or a similar out-of-state | 8 |
| offense.
The person's driving privileges shall be revoked for | 9 |
| the remainder of the person's life. | 10 |
| (d-3) Any person convicted of a fourth, fifth, sixth, | 11 |
| seventh, eighth, or ninth violation of this
Section is guilty | 12 |
| of a Class 4 felony and must serve a minimum term of
| 13 |
| imprisonment of 180 days if the revocation or suspension was | 14 |
| for a
violation of Section 11-401 or 11-501 of this Code, or a | 15 |
| similar out-of-state
offense, or a similar provision of a local | 16 |
| ordinance, or a statutory
summary suspension or revocation | 17 |
| under Section 11-501.1 of this Code.
| 18 |
| (d-3.5) Any person convicted of a fourth or subsequent | 19 |
| violation of this
Section is guilty of a Class 1 felony, is not | 20 |
| eligible for probation or conditional discharge, and must serve | 21 |
| a mandatory term of
imprisonment, and is eligible for an | 22 |
| extended term, if the revocation or suspension was for a
| 23 |
| violation of Section 9-3 of the Criminal Code of 1961, relating | 24 |
| to the offense of reckless homicide, or a similar out-of-state | 25 |
| offense.
| 26 |
| (d-4) Any person convicted of a tenth, eleventh, twelfth, |
|
|
|
SB3732 Enrolled |
- 59 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| thirteenth, or fourteenth violation of this Section is guilty | 2 |
| of a Class 3 felony, and is not eligible for probation or | 3 |
| conditional discharge, if the revocation or suspension was for | 4 |
| a violation of Section 11-401 or 11-501 of this Code, or a | 5 |
| similar out-of-state offense, or a similar provision of a local | 6 |
| ordinance, or a statutory summary suspension or revocation | 7 |
| under Section 11-501.1 of this Code. | 8 |
| (d-5) Any person convicted of a fifteenth or subsequent | 9 |
| violation of this Section is guilty of a Class 2 felony, and is | 10 |
| not eligible for probation or conditional discharge, if the | 11 |
| revocation or suspension was for a violation of Section 11-401 | 12 |
| or 11-501 of this Code, or a similar out-of-state offense, or a | 13 |
| similar provision of a local ordinance, or a statutory summary | 14 |
| suspension or revocation under Section 11-501.1 of this Code.
| 15 |
| (e) Any person in violation of this Section who is also in | 16 |
| violation of
Section 7-601 of this Code relating to mandatory | 17 |
| insurance requirements, in
addition to other penalties imposed | 18 |
| under this Section, shall have his or her
motor vehicle | 19 |
| immediately impounded by the arresting law enforcement | 20 |
| officer.
The motor vehicle may be released to any licensed | 21 |
| driver upon a showing of
proof of insurance for the vehicle | 22 |
| that was impounded and the notarized written
consent for the | 23 |
| release by the vehicle owner.
| 24 |
| (f) For any prosecution under this Section, a certified | 25 |
| copy of the
driving abstract of the defendant shall be admitted | 26 |
| as proof of any prior
conviction.
|
|
|
|
SB3732 Enrolled |
- 60 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| (g) The motor vehicle used in a violation of this Section | 2 |
| is subject
to seizure and forfeiture as provided in Sections | 3 |
| 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 4 |
| driving privilege was revoked
or suspended as a result of a | 5 |
| violation listed in paragraph (1) or (2) of subsection (c) of | 6 |
| this Section, as a result of a summary
suspension or revocation | 7 |
| as provided in paragraph (3) of subsection (c) of this
Section, | 8 |
| or as a result of a violation of Section 9-3 of the Criminal | 9 |
| Code of 1961 relating to the offense of reckless homicide.
| 10 |
| (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, | 11 |
| eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, | 12 |
| eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; revised | 13 |
| 9-15-09.)
| 14 |
| (625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
| 15 |
| Sec. 6-520. CDL disqualification or out-of-service order; | 16 |
| hearing.
| 17 |
| (a) A disqualification of commercial driving privileges by | 18 |
| the Secretary of
State, pursuant to this UCDLA, shall not | 19 |
| become effective until the person
is notified in writing, by | 20 |
| the Secretary, of the impending disqualification
and advised | 21 |
| that a CDL hearing may be requested of the Secretary if the | 22 |
| stop or arrest occurred in a commercial motor vehicle.
| 23 |
| (b) Upon receipt of: the notice of a CDL disqualification | 24 |
| not based upon
a conviction; an out-of-service order; or | 25 |
| notification that a CDL
disqualification is forthcoming, the |
|
|
|
SB3732 Enrolled |
- 61 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| person may make a written petition in
a form, approved by the | 2 |
| Secretary of State, for a CDL hearing with the Secretary if the | 3 |
| stop or arrest occurred in a commercial motor vehicle. Such
| 4 |
| petition must state the grounds upon which the person seeks to | 5 |
| have the CDL
disqualification rescinded or the out-of-service | 6 |
| order removed from the
person's driving record. Within 10 days | 7 |
| after the receipt of such
petition, it shall be reviewed by the | 8 |
| Director of the Department of
Administrative Hearings, Office | 9 |
| of the Secretary of State, or by an
appointed designee. If it | 10 |
| is determined that the petition on its face does
not state | 11 |
| grounds upon which the relief may be based, the petition for a
| 12 |
| CDL hearing shall be denied and the disqualification shall | 13 |
| become effective
as if no petition had been filed and the | 14 |
| out-of-service order shall be
sustained. If such petition is so | 15 |
| denied, the person may submit another
petition.
| 16 |
| (c) The scope of a CDL hearing, for any disqualification | 17 |
| imposed
pursuant to paragraphs (1) and (2) of subsection (a) of | 18 |
| Section 6-514, resulting from the operation of a commercial | 19 |
| motor vehicle, shall
be limited to the following issues:
| 20 |
| 1. Whether the person was operating a commercial motor | 21 |
| vehicle;
| 22 |
| 2. Whether, after making the initial stop, the police | 23 |
| officer had
probable cause to issue a Sworn Report;
| 24 |
| 3. Whether the person was verbally warned of the | 25 |
| ensuing consequences
prior to submitting to any type of | 26 |
| chemical test or tests to determine such
person's blood |
|
|
|
SB3732 Enrolled |
- 62 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| concentration of alcohol, other drug, or both;
| 2 |
| 4. Whether the person did refuse to submit to or failed | 3 |
| to complete
the chemical testing or did submit to such test | 4 |
| or tests and such test or
tests disclosed an alcohol | 5 |
| concentration of at least 0.04 or any amount of a
drug, | 6 |
| substance, or compound resulting from the unlawful use or | 7 |
| consumption of
cannabis listed in the Cannabis Control Act | 8 |
| or a controlled substance listed in
the Illinois Controlled | 9 |
| Substances Act or methamphetamine as listed in the | 10 |
| Methamphetamine Control and Community Protection Act in | 11 |
| the person's system;
| 12 |
| 5. Whether the person was warned that if the test or | 13 |
| tests disclosed
an alcohol concentration of 0.08 or more or | 14 |
| any amount of a drug,
substance,
or compound resulting from | 15 |
| the unlawful use or consumption of cannabis listed
in the | 16 |
| Cannabis Control Act or a controlled substance listed in | 17 |
| the Illinois
Controlled Substances Act or methamphetamine | 18 |
| as listed in the Methamphetamine Control and Community | 19 |
| Protection Act, such results could be admissible in a | 20 |
| subsequent
prosecution under Section 11-501 of this Code or | 21 |
| similar provision of local
ordinances; and
| 22 |
| 6. Whether such results could not be used to impose any
| 23 |
| driver's license
sanctions pursuant to Section 11-501.1.
| 24 |
| Upon the conclusion of the above CDL hearing, the CDL
| 25 |
| disqualification imposed shall either be sustained or | 26 |
| rescinded.
|
|
|
|
SB3732 Enrolled |
- 63 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| (d) The scope of a CDL hearing for any out-of-service | 2 |
| sanction, imposed
pursuant to Section 6-515, shall be limited | 3 |
| to the following issues:
| 4 |
| 1. Whether the person was driving a commercial motor | 5 |
| vehicle;
| 6 |
| 2. Whether, while driving such commercial motor | 7 |
| vehicle, the person had
alcohol or any amount of a drug, | 8 |
| substance, or compound
resulting from the unlawful use or | 9 |
| consumption of cannabis listed in the
Cannabis Control Act | 10 |
| or a controlled substance listed in the Illinois
Controlled | 11 |
| Substances Act or methamphetamine as listed in the | 12 |
| Methamphetamine Control and Community Protection Act in | 13 |
| such person's system;
| 14 |
| 3. Whether the person was verbally warned of the | 15 |
| ensuing consequences
prior to being asked to submit to any | 16 |
| type of chemical test or tests to
determine such person's | 17 |
| alcohol, other drug, or both, concentration; and
| 18 |
| 4. Whether, after being so warned, the person did | 19 |
| refuse to submit to
or failed to complete such chemical | 20 |
| test or tests or did submit to such
test or tests and such | 21 |
| test or tests
disclosed an alcohol concentration greater | 22 |
| than 0.00
or any amount of a drug, substance, or compound | 23 |
| resulting from the unlawful
use or consumption of cannabis | 24 |
| listed in the Cannabis Control Act or a
controlled | 25 |
| substance listed in the Illinois Controlled Substances Act | 26 |
| or methamphetamine as listed in the Methamphetamine |
|
|
|
SB3732 Enrolled |
- 64 - |
LRB096 20624 AJT 36335 b |
|
| 1 |
| Control and Community Protection Act.
| 2 |
| Upon the conclusion of the above CDL hearing, the | 3 |
| out-of-service sanction
shall
either be sustained or removed | 4 |
| from the person's driving record.
| 5 |
| (e) If any person petitions for a hearing relating to any | 6 |
| CDL
disqualification based upon a conviction, as defined in | 7 |
| this UCDLA, said
hearing shall not be conducted as a CDL | 8 |
| hearing, but shall be conducted as
any other driver's license | 9 |
| hearing, whether formal or informal, as
promulgated in the | 10 |
| rules and regulations of the Secretary.
| 11 |
| (f) Any evidence of alcohol or other drug consumption, for | 12 |
| the
purposes of this UCDLA, shall be sufficient probable cause | 13 |
| for requesting the
driver to submit to a chemical test or tests | 14 |
| to determine the presence of
alcohol, other drug, or both in | 15 |
| the person's system and the subsequent issuance
of an | 16 |
| out-of-service order or a Sworn Report by a police officer.
| 17 |
| (g) For the purposes of this UCDLA, a CDL "hearing" shall
| 18 |
| mean a hearing before the Office of the Secretary of State in | 19 |
| accordance
with Section 2-118 of this Code, for the
purpose of | 20 |
| resolving differences or disputes specifically related to the
| 21 |
| scope of the issues identified in this Section relating to the | 22 |
| operation of a commercial motor vehicle. These proceedings will | 23 |
| be
a matter of record and a final appealable order issued. The | 24 |
| petition for a
CDL hearing shall not stay or delay the | 25 |
| effective date of the impending
disqualification.
| 26 |
| (h) The CDL hearing may be conducted upon a review of the |
|
|
|
SB3732 Enrolled |
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| 1 |
| police
officer's own official reports; provided however, that | 2 |
| the petitioner may
subpoena the officer. Failure of the officer | 3 |
| to answer the subpoena shall be
grounds for a continuance.
| 4 |
| (i) Any CDL disqualification based upon a statutory summary | 5 |
| suspension or revocation resulting from an arrest of a CDL | 6 |
| holder while operating a non-commercial motor vehicle, may only | 7 |
| be contested by filing a petition to contest the statutory | 8 |
| summary suspension or revocation in the appropriate circuit | 9 |
| court as provided for in Section 2-118.1 of this Code.
| 10 |
| (Source: P.A. 95-382, eff. 8-23-07.)
| 11 |
| (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
| 12 |
| Sec. 11-401. Motor vehicle accidents involving death or | 13 |
| personal injuries.
| 14 |
| (a) The driver of any vehicle involved in a motor vehicle | 15 |
| accident
resulting in personal injury to or death of any person | 16 |
| shall immediately stop
such vehicle at the scene of such | 17 |
| accident, or as close thereto as possible
and shall then | 18 |
| forthwith return to, and in every event shall remain at the
| 19 |
| scene of the accident until the requirements of Section 11-403 | 20 |
| have been
fulfilled. Every such stop shall be made without | 21 |
| obstructing traffic more
than is necessary.
| 22 |
| (b) Any person who has failed to stop or to comply with the
| 23 |
| requirements of paragraph (a) shall, as soon as possible but in | 24 |
| no case
later than one-half hour after such motor
vehicle | 25 |
| accident, or, if hospitalized and incapacitated from reporting |
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| at any
time during such period, as soon as possible but in no | 2 |
| case later than one-half
hour
after
being discharged from the
| 3 |
| hospital, report the place of the accident, the date, the | 4 |
| approximate time,
the
driver's name and address, the | 5 |
| registration number of the vehicle
driven, and the names of all | 6 |
| other occupants of
such vehicle, at a police station or | 7 |
| sheriff's office near the place where
such accident occurred. | 8 |
| No report made as required under this paragraph shall be used,
| 9 |
| directly or indirectly, as a basis for the prosecution of any
| 10 |
| violation of paragraph (a).
| 11 |
| (b-1) Any person arrested for violating this Section is | 12 |
| subject to chemical testing of his or her blood, breath, or | 13 |
| urine for the presence of alcohol, other drug or drugs, | 14 |
| intoxicating compound or compounds, or any combination | 15 |
| thereof, as provided in Section 11-501.1, if the testing occurs | 16 |
| within 12 hours of the time of the occurrence of the accident | 17 |
| that led to his or her arrest. The person's driving privileges | 18 |
| are subject to statutory summary suspension under Section | 19 |
| 11-501.1 if he or she fails testing or statutory summary | 20 |
| revocation under Section 11-501.1 if he or she refuses to | 21 |
| undergo the testing.
| 22 |
| For purposes of this Section, personal injury shall mean | 23 |
| any injury
requiring immediate professional treatment in a | 24 |
| medical facility or
doctor's office.
| 25 |
| (c) Any person failing to comply with paragraph (a) shall | 26 |
| be guilty of a Class 4 felony.
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| (d) Any person failing to comply with paragraph (b) is
| 2 |
| guilty
of
a Class 2 felony if the
motor vehicle accident does | 3 |
| not result in the death of any person.
Any person failing to | 4 |
| comply with paragraph (b)
when the accident results in the | 5 |
| death of
any person is guilty of a Class 1
felony.
| 6 |
| (e) The Secretary of State shall revoke the driving | 7 |
| privilege of any person
convicted of a violation of this | 8 |
| Section.
| 9 |
| (Source: P.A. 94-115, eff. 1-1-06; 95-347, eff. 1-1-08.)
| 10 |
| (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500) | 11 |
| Sec. 11-500. Definitions. For the purposes of interpreting | 12 |
| Sections
6-206.1 and 6-208.1 of this Code, "first offender" | 13 |
| shall mean any person
who has not had a previous conviction or | 14 |
| court assigned supervision for
violating Section 11-501, or a | 15 |
| similar provision of a local ordinance,
or a conviction in any | 16 |
| other state for a violation of driving while under
the | 17 |
| influence or a similar offense where the cause of action is the | 18 |
| same
or substantially similar to this Code or similar offenses | 19 |
| committed on a military installation, or any person who has not | 20 |
| had a driver's license suspension pursuant to paragraph 6 of | 21 |
| subsection (a) of Section 6-206 as the result of refusal of | 22 |
| chemical testing in another state, or any
person who has not | 23 |
| had a driver's license
suspension or revocation for violating | 24 |
| Section 11-501.1 within 5 years prior to the date of
the
| 25 |
| current offense, except in cases where the driver submitted to
|
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| chemical testing resulting in an alcohol concentration of 0.08 | 2 |
| or
more,
or any amount of a drug, substance, or compound in | 3 |
| such person's blood or
urine resulting from the unlawful use or | 4 |
| consumption of cannabis listed in
the Cannabis Control Act, a | 5 |
| controlled substance listed in the
Illinois
Controlled | 6 |
| Substances Act, or an intoxicating compound listed in the Use
| 7 |
| of
Intoxicating Compounds Act, or methamphetamine as listed in | 8 |
| the Methamphetamine Control and Community Protection Act and
| 9 |
| was subsequently found not guilty of violating Section 11-501, | 10 |
| or a similar
provision of a local ordinance. | 11 |
| (Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09.) | 12 |
| (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1) | 13 |
| Sec. 11-501.1. Suspension of drivers license; statutory | 14 |
| summary
alcohol, other drug or drugs, or intoxicating compound | 15 |
| or
compounds related suspension or revocation ; implied | 16 |
| consent. | 17 |
| (a) Any person who drives or is in actual physical control | 18 |
| of a motor
vehicle upon the public highways of this State shall | 19 |
| be deemed to have given
consent, subject to the provisions of | 20 |
| Section 11-501.2, to a chemical test or
tests of blood, breath, | 21 |
| or urine for the purpose of determining the content of
alcohol, | 22 |
| other drug or drugs, or intoxicating compound or compounds or
| 23 |
| any combination thereof in the person's blood if arrested,
as | 24 |
| evidenced by the issuance of a Uniform Traffic Ticket, for any | 25 |
| offense
as defined in Section 11-501 or a similar provision of |
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| a local ordinance, or if arrested for violating Section 11-401.
| 2 |
| The test or tests shall be administered at the direction of the | 3 |
| arresting
officer. The law enforcement agency employing the | 4 |
| officer shall designate which
of the aforesaid tests shall be | 5 |
| administered. A urine test may be administered
even after a | 6 |
| blood or breath test or both has
been administered. For | 7 |
| purposes of this Section, an Illinois law
enforcement officer | 8 |
| of this State who is investigating the person for any
offense | 9 |
| defined in Section 11-501 may travel into an adjoining state, | 10 |
| where
the person has been transported for medical care, to | 11 |
| complete an
investigation and to request that the person submit | 12 |
| to the test or tests
set forth in this Section. The | 13 |
| requirements of this Section that the
person be arrested are | 14 |
| inapplicable, but the officer shall issue the person
a Uniform | 15 |
| Traffic Ticket for an offense as defined in Section 11-501 or a
| 16 |
| similar provision of a local ordinance prior to requesting that | 17 |
| the person
submit to the test or tests. The issuance of the | 18 |
| Uniform Traffic Ticket
shall not constitute an arrest, but | 19 |
| shall be for the purpose of notifying
the person that he or she | 20 |
| is subject to the provisions of this Section and
of the | 21 |
| officer's belief of the existence of probable cause to
arrest. | 22 |
| Upon returning to this State, the officer shall file the | 23 |
| Uniform
Traffic Ticket with the Circuit Clerk of the county | 24 |
| where the offense was
committed, and shall seek the issuance of | 25 |
| an arrest warrant or a summons
for the person. | 26 |
| (b) Any person who is dead, unconscious, or who is |
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| otherwise in a condition
rendering the person incapable of | 2 |
| refusal, shall be deemed not to have
withdrawn the consent | 3 |
| provided by paragraph (a) of this Section and the test or
tests | 4 |
| may be administered, subject to the provisions of Section | 5 |
| 11-501.2. | 6 |
| (c) A person requested to submit to a test as provided | 7 |
| above shall
be warned by the law enforcement officer requesting | 8 |
| the test that a
refusal to submit to the test will result in | 9 |
| the statutory summary
suspension of the person's privilege to | 10 |
| operate a motor vehicle, as provided
in Section 6-208.1 of this | 11 |
| Code, and will also result in the disqualification of the | 12 |
| person's privilege to operate a commercial motor vehicle, as | 13 |
| provided in Section 6-514 of this Code, if the person is a CDL | 14 |
| holder. The person shall also be warned that a refusal to | 15 |
| submit to the test, when the person was involved in a motor | 16 |
| vehicle accident that caused personal injury or death to | 17 |
| another, will result in the statutory summary revocation of the | 18 |
| person's privilege to operate a motor vehicle, as provided in | 19 |
| Section 6-208.1, and will also result in the disqualification | 20 |
| of the person's privilege to operate a commercial motor | 21 |
| vehicle, as provided in Section 6-514 of this Code, if the | 22 |
| person is a CDL holder. The person shall also be warned by the | 23 |
| law
enforcement officer that if the person submits to the test | 24 |
| or tests
provided in paragraph (a) of this Section and the | 25 |
| alcohol concentration in
the person's blood or breath is 0.08 | 26 |
| or greater, or any amount of
a
drug, substance, or compound |
|
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| resulting from the unlawful use or consumption
of cannabis as | 2 |
| covered by the Cannabis Control Act, a controlled
substance
| 3 |
| listed in the Illinois Controlled Substances Act, an | 4 |
| intoxicating compound
listed in the Use of Intoxicating | 5 |
| Compounds Act, or methamphetamine as listed in the | 6 |
| Methamphetamine Control and Community Protection Act is | 7 |
| detected in the person's
blood or urine, a statutory summary | 8 |
| suspension of the person's privilege to
operate a motor | 9 |
| vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| 10 |
| Code, and a disqualification of
the person's privilege to | 11 |
| operate a commercial motor vehicle, as provided in Section | 12 |
| 6-514 of this Code, if the person is a CDL holder, will be | 13 |
| imposed. | 14 |
| A person who is under the age of 21 at the time the person | 15 |
| is requested to
submit to a test as provided above shall, in | 16 |
| addition to the warnings provided
for in this Section, be | 17 |
| further warned by the law enforcement officer
requesting the | 18 |
| test that if the person submits to the test or tests provided | 19 |
| in
paragraph (a) of this Section and the alcohol concentration | 20 |
| in the person's
blood or breath is greater than 0.00 and less | 21 |
| than 0.08, a
suspension of the
person's privilege to operate a | 22 |
| motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | 23 |
| of this Code, will be imposed. The results of this test
shall | 24 |
| be admissible in a civil or criminal action or proceeding | 25 |
| arising from an
arrest for an offense as defined in Section | 26 |
| 11-501 of this Code or a similar
provision of a local ordinance |
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| or pursuant to Section 11-501.4 in prosecutions
for reckless | 2 |
| homicide brought under the Criminal Code of 1961. These test
| 3 |
| results, however, shall be admissible only in actions or | 4 |
| proceedings directly
related to the incident upon which the | 5 |
| test request was made. | 6 |
| (d) If the person refuses testing or submits to a test that | 7 |
| discloses
an alcohol concentration of 0.08 or more, or any | 8 |
| amount of a drug,
substance, or intoxicating compound in the | 9 |
| person's breath, blood,
or urine resulting from the
unlawful | 10 |
| use or consumption of cannabis listed in the Cannabis Control | 11 |
| Act, a controlled substance listed in the Illinois Controlled | 12 |
| Substances
Act, an intoxicating compound listed in the Use of | 13 |
| Intoxicating Compounds
Act, or methamphetamine as listed in the | 14 |
| Methamphetamine Control and Community Protection Act, the law | 15 |
| enforcement officer shall immediately submit a sworn report to
| 16 |
| the
circuit court of venue and the Secretary of State, | 17 |
| certifying that the test or
tests was or were requested under | 18 |
| paragraph (a) and the person refused to
submit to a test, or | 19 |
| tests, or submitted to testing that disclosed an alcohol
| 20 |
| concentration of 0.08 or more. | 21 |
| (e) Upon receipt of the sworn report of a law enforcement | 22 |
| officer
submitted under paragraph (d), the Secretary of State | 23 |
| shall enter the
statutory summary suspension or revocation and | 24 |
| disqualification for the periods specified in Sections
6-208.1 | 25 |
| and 6-514, respectively,
and effective as provided in paragraph | 26 |
| (g). |
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| If the person is a first offender as defined in Section | 2 |
| 11-500 of this
Code, and is not convicted of a violation of | 3 |
| Section 11-501
of this Code or a similar provision of a local | 4 |
| ordinance, then reports
received by the Secretary of State | 5 |
| under this Section shall, except during
the actual time the | 6 |
| Statutory Summary Suspension is in effect, be
privileged | 7 |
| information and for use only by the courts, police officers,
| 8 |
| prosecuting authorities or the Secretary of State. However, | 9 |
| beginning January 1, 2008, if the person is a CDL holder, the | 10 |
| statutory summary suspension shall also be made available to | 11 |
| the driver licensing administrator of any other state, the U.S. | 12 |
| Department of Transportation, and the affected driver or motor | 13 |
| carrier or prospective motor carrier upon request.
Reports | 14 |
| received by the Secretary of State under this Section shall | 15 |
| also be made available to the parent or guardian of a person | 16 |
| under the age of 18 years that holds an instruction permit or a | 17 |
| graduated driver's license, regardless of whether the | 18 |
| statutory summary suspension is in effect. A statutory summary | 19 |
| revocation shall not be privileged information. | 20 |
| (f) The law enforcement officer submitting the sworn report | 21 |
| under paragraph
(d) shall serve immediate notice of the | 22 |
| statutory summary suspension or revocation on the
person and | 23 |
| the suspension or revocation and disqualification shall be | 24 |
| effective as provided in paragraph (g). In
cases where the | 25 |
| blood alcohol concentration of 0.08 or greater or
any amount of
| 26 |
| a drug, substance, or compound resulting from the unlawful use |
|
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| or consumption
of cannabis as covered by the Cannabis Control | 2 |
| Act, a controlled
substance
listed in the Illinois Controlled | 3 |
| Substances Act,
an intoxicating compound
listed in the Use of | 4 |
| Intoxicating Compounds Act, or methamphetamine as listed in the | 5 |
| Methamphetamine Control and Community Protection Act is | 6 |
| established by a
subsequent
analysis of blood or urine | 7 |
| collected at the time of arrest, the arresting
officer or | 8 |
| arresting agency shall give notice as provided in this Section | 9 |
| or by
deposit in the United States mail of the notice in an | 10 |
| envelope with postage
prepaid and addressed to the person at | 11 |
| his address as shown on the Uniform
Traffic Ticket and the | 12 |
| statutory summary suspension and disqualification shall begin | 13 |
| as provided in
paragraph (g). The officer shall confiscate any | 14 |
| Illinois driver's license or
permit on the person at the time | 15 |
| of arrest. If the person has a valid driver's
license or | 16 |
| permit, the officer shall issue the person a receipt, in
a form | 17 |
| prescribed by the Secretary of State, that will allow that | 18 |
| person
to drive during the periods provided for in paragraph | 19 |
| (g). The officer
shall immediately forward the driver's license | 20 |
| or permit to the circuit
court of venue along with the sworn | 21 |
| report provided for in
paragraph (d). | 22 |
| (g) The statutory summary suspension or revocation and | 23 |
| disqualification
referred to in this Section shall
take effect | 24 |
| on the 46th day following the date the notice of the statutory
| 25 |
| summary suspension or revocation was given to the person. | 26 |
| (h) The following procedure shall apply
whenever a person |
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| is arrested for any offense as defined in Section 11-501
or a | 2 |
| similar provision of a local ordinance: | 3 |
| Upon receipt of the sworn report from the law enforcement | 4 |
| officer,
the Secretary of State shall confirm the statutory | 5 |
| summary suspension or revocation by
mailing a notice of the | 6 |
| effective date of the suspension or revocation to the person | 7 |
| and
the court of venue. The Secretary of State shall also mail | 8 |
| notice of the effective date of the disqualification to the | 9 |
| person. However, should the sworn report be defective by not
| 10 |
| containing sufficient information or be completed in error, the
| 11 |
| confirmation of the statutory summary suspension or revocation | 12 |
| shall not be mailed to the
person or entered to the record; | 13 |
| instead, the sworn report shall
be
forwarded to the court of | 14 |
| venue with a copy returned to the issuing agency
identifying | 15 |
| any defect. | 16 |
| (i) As used in this Section, "personal injury" includes any | 17 |
| Type A injury as indicated on the traffic accident report | 18 |
| completed by a law enforcement officer that requires immediate | 19 |
| professional attention in either a doctor's office or a medical | 20 |
| facility. A Type A injury includes severely bleeding wounds, | 21 |
| distorted extremities, and injuries that require the injured | 22 |
| party to be carried from the scene. | 23 |
| (Source: P.A. 94-115, eff. 1-1-06; 95-201, eff. 1-1-08; 95-382, | 24 |
| eff. 8-23-07; 95-876, eff. 8-21-08.) | 25 |
| (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) |
|
|
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| 1 |
| Sec. 11-501.6. Driver involvement in personal injury or | 2 |
| fatal motor
vehicle accident not involving an arrest for a | 3 |
| violation of Section 11-501; driving under the influence of | 4 |
| alcohol, other drug or drugs, intoxicating compounds, or any | 5 |
| combination thereof; chemical accident - chemical test. | 6 |
| (a) Any person who drives or is in actual control of a | 7 |
| motor vehicle
upon the public highways of this State and who | 8 |
| has been involved in a
personal injury or fatal motor vehicle | 9 |
| accident, shall be deemed to have
given consent to a breath | 10 |
| test using a portable device as approved by the
Department of | 11 |
| State Police or to a chemical test or tests
of blood, breath, | 12 |
| or
urine for the purpose of determining the content of alcohol,
| 13 |
| other
drug or drugs, or intoxicating compound or compounds of | 14 |
| such
person's blood if arrested as evidenced by the issuance of | 15 |
| a Uniform Traffic
Ticket for any violation of the Illinois | 16 |
| Vehicle Code or a similar provision of
a local ordinance, with | 17 |
| the exception of equipment violations contained in
Chapter 12 | 18 |
| of this Code, or similar provisions of local ordinances. This | 19 |
| Section shall not apply to those persons arrested for a | 20 |
| violation of Section 11-501 or a similar violation of a local | 21 |
| ordinance, in which case the provisions of Section 11-501.1 | 22 |
| shall apply. The test
or tests shall be administered at the | 23 |
| direction of the arresting officer. The
law enforcement agency | 24 |
| employing the officer shall designate which of the
aforesaid | 25 |
| tests shall be administered. A urine test may be administered | 26 |
| even
after a blood or breath test or both has been |
|
|
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| administered. Compliance with
this Section does not relieve | 2 |
| such person from the requirements of Section
11-501.1 of this | 3 |
| Code. | 4 |
| (b) Any person who is dead, unconscious or who is otherwise | 5 |
| in a
condition rendering such person incapable of refusal shall | 6 |
| be deemed not to
have withdrawn the consent provided by | 7 |
| subsection (a) of this Section. In
addition, if a driver of a | 8 |
| vehicle is receiving medical treatment as a
result of a motor | 9 |
| vehicle accident, any physician licensed to practice
medicine, | 10 |
| registered nurse or a phlebotomist acting under the direction | 11 |
| of
a licensed physician shall withdraw blood for testing | 12 |
| purposes to ascertain
the presence of alcohol, other drug or | 13 |
| drugs, or intoxicating
compound or compounds, upon the specific | 14 |
| request of a law
enforcement officer. However, no such testing | 15 |
| shall be performed until, in
the opinion of the medical | 16 |
| personnel on scene, the withdrawal can be made
without | 17 |
| interfering with or endangering the well-being of the patient. | 18 |
| (c) A person requested to submit to a test as provided | 19 |
| above shall be
warned by the law enforcement officer requesting | 20 |
| the test that a refusal to
submit to the test, or submission to | 21 |
| the test resulting in an alcohol
concentration of 0.08 or more, | 22 |
| or any amount of a drug, substance,
or intoxicating compound
| 23 |
| resulting from the unlawful use or consumption of cannabis, as | 24 |
| covered by the
Cannabis Control Act, a controlled substance | 25 |
| listed in the Illinois
Controlled Substances Act, an | 26 |
| intoxicating compound listed in the Use of
Intoxicating |
|
|
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| 1 |
| Compounds Act, or methamphetamine as listed in the | 2 |
| Methamphetamine Control and Community Protection Act as | 3 |
| detected in such person's blood or urine, may
result in the | 4 |
| suspension of such person's privilege to operate a motor | 5 |
| vehicle and may result in the disqualification of the person's | 6 |
| privilege to operate a commercial motor vehicle, as provided in | 7 |
| Section 6-514 of this Code, if the person is a CDL holder.
The | 8 |
| length of the suspension shall be the same as outlined in | 9 |
| Section
6-208.1 of this Code regarding statutory summary | 10 |
| suspensions. | 11 |
| (d) If the person refuses testing or submits to a test | 12 |
| which discloses
an alcohol concentration of 0.08 or more, or | 13 |
| any amount of a drug,
substance,
or intoxicating compound in | 14 |
| such person's blood or urine resulting from the
unlawful use or
| 15 |
| consumption of cannabis listed in the Cannabis Control Act, a | 16 |
| controlled
substance listed in the Illinois Controlled | 17 |
| Substances Act, an
intoxicating
compound listed in the Use of | 18 |
| Intoxicating Compounds Act, or methamphetamine as listed in the | 19 |
| Methamphetamine Control and Community Protection Act, the law
| 20 |
| enforcement officer shall immediately submit a sworn report to | 21 |
| the Secretary of
State on a form prescribed by the Secretary, | 22 |
| certifying that the test or tests
were requested pursuant to | 23 |
| subsection (a) and the person refused to submit to a
test or | 24 |
| tests or submitted to testing which disclosed an alcohol | 25 |
| concentration
of 0.08 or more, or any amount of a drug, | 26 |
| substance, or intoxicating
compound
in such
person's blood or |
|
|
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| 1 |
| urine, resulting from the unlawful use or consumption of
| 2 |
| cannabis listed in the Cannabis Control Act, a controlled | 3 |
| substance
listed in
the Illinois Controlled Substances Act,
an | 4 |
| intoxicating compound listed in
the Use of Intoxicating | 5 |
| Compounds Act, or methamphetamine as listed in the | 6 |
| Methamphetamine Control and Community Protection Act. | 7 |
| Upon receipt of the sworn report of a law enforcement | 8 |
| officer, the
Secretary shall enter the suspension and | 9 |
| disqualification to the individual's driving record and the
| 10 |
| suspension and disqualification shall be effective on the 46th | 11 |
| day following the date notice of the
suspension was given to | 12 |
| the person. | 13 |
| The law enforcement officer submitting the sworn report | 14 |
| shall serve immediate
notice of this suspension on the person | 15 |
| and such suspension and disqualification shall be effective
on | 16 |
| the 46th day following the date notice was given. | 17 |
| In cases where the blood alcohol concentration of 0.08 or | 18 |
| more,
or any amount
of a drug, substance, or intoxicating | 19 |
| compound resulting from the unlawful
use or
consumption of | 20 |
| cannabis as listed in the Cannabis Control Act, a
controlled
| 21 |
| substance listed in the Illinois Controlled Substances Act,
an
| 22 |
| intoxicating
compound listed in the Use of Intoxicating | 23 |
| Compounds Act, or methamphetamine as listed in the | 24 |
| Methamphetamine Control and Community Protection Act, is | 25 |
| established by a
subsequent analysis of blood or urine | 26 |
| collected at the time of arrest, the
arresting officer shall |
|
|
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| 1 |
| give notice as provided in this Section or by deposit
in the | 2 |
| United States mail of such notice in an envelope with postage | 3 |
| prepaid
and addressed to such person at his address as shown on | 4 |
| the Uniform Traffic
Ticket and the suspension and | 5 |
| disqualification shall be effective on the 46th day following | 6 |
| the date
notice was given. | 7 |
| Upon receipt of the sworn report of a law enforcement | 8 |
| officer, the Secretary
shall also give notice of the suspension | 9 |
| and disqualification to the driver by mailing a notice of
the | 10 |
| effective date of the suspension and disqualification to the | 11 |
| individual. However, should the
sworn report be defective by | 12 |
| not containing sufficient information or be
completed in error, | 13 |
| the notice of the suspension and disqualification shall not be | 14 |
| mailed to the
person or entered to the driving record, but | 15 |
| rather the sworn report shall be
returned to the issuing law | 16 |
| enforcement agency. | 17 |
| (e) A driver may contest this suspension of his or her
| 18 |
| driving privileges and disqualification of his or her CDL | 19 |
| privileges by
requesting an administrative hearing with the | 20 |
| Secretary in accordance with
Section 2-118 of this Code. At the | 21 |
| conclusion of a hearing held under
Section 2-118 of this Code, | 22 |
| the Secretary may rescind, continue, or modify the
orders
of | 23 |
| suspension and disqualification. If the Secretary does not | 24 |
| rescind the orders of suspension and disqualification, a | 25 |
| restricted
driving permit may be granted by the Secretary upon | 26 |
| application being made and
good cause shown. A restricted |
|
|
|
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| 1 |
| driving permit may be granted to relieve undue
hardship to | 2 |
| allow driving for employment, educational, and medical | 3 |
| purposes as
outlined in Section 6-206 of this Code. The | 4 |
| provisions of Section 6-206 of
this Code shall apply. In | 5 |
| accordance with 49 C.F.R. 384, the Secretary of State may not | 6 |
| issue a restricted driving permit for the operation of a | 7 |
| commercial motor vehicle to a person holding a CDL whose | 8 |
| driving privileges have been suspended, revoked, cancelled, or | 9 |
| disqualified.
| 10 |
| (f) (Blank). | 11 |
| (g) For the purposes of this Section, a personal injury | 12 |
| shall include
any type A injury as indicated on the traffic | 13 |
| accident report completed
by a law enforcement officer that | 14 |
| requires immediate professional attention
in either a doctor's | 15 |
| office or a medical facility. A type A injury shall
include | 16 |
| severely bleeding wounds, distorted extremities, and injuries | 17 |
| that
require the injured party to be carried from the scene. | 18 |
| (Source: P.A. 95-382, eff. 8-23-07.)
| 19 |
| (625 ILCS 5/11-501.8)
| 20 |
| Sec. 11-501.8. Suspension of driver's license; persons | 21 |
| under age 21.
| 22 |
| (a) A person who is less than 21 years of age and who | 23 |
| drives or
is in actual physical control of a motor vehicle upon | 24 |
| the
public highways of this State shall be deemed to have given | 25 |
| consent to a
chemical test or tests of blood, breath, or urine |
|
|
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| 1 |
| for the purpose of
determining the alcohol content of the | 2 |
| person's blood if arrested, as evidenced
by the issuance of a | 3 |
| Uniform Traffic Ticket for any violation of the Illinois
| 4 |
| Vehicle Code or a similar provision of a local ordinance, if a | 5 |
| police officer
has probable cause to believe that the driver | 6 |
| has consumed any amount of an
alcoholic beverage based upon | 7 |
| evidence of the driver's physical condition or
other first hand | 8 |
| knowledge of the police officer. The test or tests shall be
| 9 |
| administered at the direction of the arresting officer. The law | 10 |
| enforcement
agency employing the officer shall designate which | 11 |
| of the aforesaid tests shall
be administered. A urine test may | 12 |
| be administered even after a blood or
breath test or both has | 13 |
| been administered.
| 14 |
| (b) A person who is dead, unconscious, or who is otherwise | 15 |
| in a condition
rendering that person incapable of refusal, | 16 |
| shall be deemed not to have
withdrawn the consent provided by | 17 |
| paragraph (a) of this Section and the test or
tests may be | 18 |
| administered subject to the following provisions:
| 19 |
| (i) Chemical analysis of the person's blood, urine, | 20 |
| breath, or
other bodily substance, to be considered valid | 21 |
| under the provisions of this
Section, shall have been | 22 |
| performed according to standards promulgated by the | 23 |
| Department of State
Police
by an individual possessing a | 24 |
| valid permit issued by that Department for this
purpose. | 25 |
| The Director of State Police is authorized to approve | 26 |
| satisfactory
techniques or methods, to ascertain the |
|
|
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| 1 |
| qualifications and competence of
individuals to conduct | 2 |
| analyses, to issue permits that shall be subject to
| 3 |
| termination or revocation at the direction of that | 4 |
| Department, and to certify
the accuracy of breath testing | 5 |
| equipment. The Department of
State Police shall prescribe | 6 |
| regulations as necessary.
| 7 |
| (ii) When a person submits to a blood test at the | 8 |
| request of a law
enforcement officer under the provisions | 9 |
| of this Section, only a physician
authorized to practice | 10 |
| medicine, a registered nurse, or other qualified person
| 11 |
| trained in venipuncture and acting under the direction of a | 12 |
| licensed physician
may withdraw blood for the purpose of | 13 |
| determining the alcohol content therein.
This limitation | 14 |
| does not apply to the taking of breath or urine specimens.
| 15 |
| (iii) The person tested may have a physician, qualified | 16 |
| technician,
chemist, registered nurse, or other qualified | 17 |
| person of his or her own choosing
administer a chemical | 18 |
| test or tests in addition to any test or tests
administered | 19 |
| at the direction of a law enforcement officer. The failure | 20 |
| or
inability to obtain an additional test by a person shall | 21 |
| not preclude the
consideration of the previously performed | 22 |
| chemical test.
| 23 |
| (iv) Upon a request of the person who submits to a | 24 |
| chemical test or
tests at the request of a law enforcement | 25 |
| officer, full information concerning
the test or tests | 26 |
| shall be made available to the person or that person's
|
|
|
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| 1 |
| attorney.
| 2 |
| (v) Alcohol concentration means either grams of | 3 |
| alcohol per 100
milliliters of blood or grams of alcohol | 4 |
| per 210 liters of breath.
| 5 |
| (vi) If a driver is receiving medical treatment as a | 6 |
| result of a motor
vehicle accident, a physician licensed to | 7 |
| practice medicine, registered nurse,
or other qualified | 8 |
| person trained in venipuncture and
acting under the | 9 |
| direction of a licensed physician shall
withdraw blood for | 10 |
| testing purposes to ascertain the presence of alcohol upon
| 11 |
| the specific request of a law enforcement officer. However, | 12 |
| that testing
shall not be performed until, in the opinion | 13 |
| of the medical personnel on scene,
the withdrawal can be | 14 |
| made without interfering with or endangering the
| 15 |
| well-being of the patient.
| 16 |
| (c) A person requested to submit to a test as provided | 17 |
| above shall be warned
by the law enforcement officer requesting | 18 |
| the test that a refusal to submit to
the test, or submission to | 19 |
| the test resulting in an alcohol concentration of
more than | 20 |
| 0.00, may result in the loss of that person's privilege to | 21 |
| operate a
motor vehicle and may result in the disqualification | 22 |
| of the person's privilege to operate a commercial motor | 23 |
| vehicle, as provided in Section 6-514 of this Code, if the | 24 |
| person is a CDL holder. The loss of driving privileges shall be | 25 |
| imposed in accordance
with Section 6-208.2 of this Code.
| 26 |
| (d) If the person refuses testing or submits to a test that |
|
|
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| discloses an
alcohol concentration of more than 0.00, the law | 2 |
| enforcement officer shall
immediately submit a sworn report to | 3 |
| the Secretary of State on a form
prescribed by the Secretary of | 4 |
| State, certifying that the test or tests were
requested under | 5 |
| subsection (a) and the person refused to submit to a test
or | 6 |
| tests or submitted to testing which disclosed an alcohol | 7 |
| concentration of
more than 0.00. The law enforcement officer | 8 |
| shall submit the same sworn report
when a person under the age | 9 |
| of 21 submits to testing under Section
11-501.1 of this Code | 10 |
| and the testing discloses an alcohol concentration of
more than | 11 |
| 0.00 and less than 0.08.
| 12 |
| Upon receipt of the sworn report of a law enforcement | 13 |
| officer, the Secretary
of State shall enter the suspension and | 14 |
| disqualification on the individual's driving
record and the | 15 |
| suspension and disqualification shall be effective on the 46th | 16 |
| day following the date
notice of the suspension was given to | 17 |
| the person. If this suspension is the
individual's first | 18 |
| driver's license suspension under this Section, reports
| 19 |
| received by the Secretary of State under this Section shall, | 20 |
| except during the
time the suspension is in effect, be | 21 |
| privileged information and for use only by
the courts, police | 22 |
| officers, prosecuting authorities, the Secretary of State,
or | 23 |
| the individual personally. However, beginning January 1, 2008, | 24 |
| if the person is a CDL holder, the report of suspension shall | 25 |
| also be made available to the driver licensing administrator of | 26 |
| any other state, the U.S. Department of Transportation, and the |
|
|
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| 1 |
| affected driver or motor carrier or prospective motor carrier | 2 |
| upon request.
Reports received by the Secretary of State under | 3 |
| this Section shall also be made available to the parent or | 4 |
| guardian of a person under the age of 18 years that holds an | 5 |
| instruction permit or a graduated driver's license, regardless | 6 |
| of whether the suspension is in effect.
| 7 |
| The law enforcement officer submitting the sworn report | 8 |
| shall serve immediate
notice of this suspension on the person | 9 |
| and the suspension and disqualification shall
be effective on | 10 |
| the 46th day following the date notice was given.
| 11 |
| In cases where the blood alcohol concentration of more than | 12 |
| 0.00 is
established by a subsequent analysis of blood or urine, | 13 |
| the police officer or
arresting agency shall give notice as | 14 |
| provided in this Section or by deposit
in the United States | 15 |
| mail of that notice in an envelope with postage prepaid
and | 16 |
| addressed to that person at his last known address and the loss | 17 |
| of driving
privileges shall be effective on the 46th day | 18 |
| following the date notice was
given.
| 19 |
| Upon receipt of the sworn report of a law enforcement | 20 |
| officer, the Secretary
of State shall also give notice of the | 21 |
| suspension and disqualification to the driver
by mailing a | 22 |
| notice of the effective date of the suspension and | 23 |
| disqualification to the individual.
However, should the sworn | 24 |
| report be defective by not containing sufficient
information or | 25 |
| be completed in error, the notice of the suspension and | 26 |
| disqualification shall not be mailed to the person or entered |
|
|
|
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|
| 1 |
| to the driving record,
but rather the sworn report shall be | 2 |
| returned to the issuing law enforcement
agency.
| 3 |
| (e) A driver may contest this suspension and | 4 |
| disqualification by requesting an
administrative hearing with | 5 |
| the Secretary of State in accordance with Section
2-118 of this | 6 |
| Code. An individual whose blood alcohol concentration is shown
| 7 |
| to be more than 0.00 is not subject to this Section if he or she | 8 |
| consumed
alcohol in the performance of a religious service or | 9 |
| ceremony. An individual
whose blood alcohol concentration is | 10 |
| shown to be more than 0.00 shall not be
subject to this Section | 11 |
| if the individual's blood alcohol concentration
resulted only | 12 |
| from ingestion of the prescribed or recommended dosage of
| 13 |
| medicine that contained alcohol. The petition for that hearing | 14 |
| shall not stay
or delay the effective date of the impending | 15 |
| suspension. The scope of this
hearing shall be limited to the | 16 |
| issues of:
| 17 |
| (1) whether the police officer had probable cause to | 18 |
| believe that the
person was driving or in actual physical | 19 |
| control of a motor vehicle upon the
public highways of the | 20 |
| State and the police officer had reason to believe that
the | 21 |
| person was in violation of any provision of the Illinois | 22 |
| Vehicle Code or a
similar provision of a local ordinance; | 23 |
| and
| 24 |
| (2) whether the person was issued a Uniform Traffic | 25 |
| Ticket for any
violation of the Illinois Vehicle Code or a | 26 |
| similar provision of a local
ordinance; and
|
|
|
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|
| 1 |
| (3) whether the police officer had probable cause to | 2 |
| believe that the
driver
had consumed any amount of an | 3 |
| alcoholic beverage based upon the driver's
physical | 4 |
| actions or other first-hand knowledge of the police | 5 |
| officer; and
| 6 |
| (4) whether the person, after being advised by the | 7 |
| officer that the
privilege to operate a motor vehicle would | 8 |
| be suspended if the person refused
to submit to and | 9 |
| complete the test or tests, did refuse to submit to or
| 10 |
| complete the test or tests to determine the person's | 11 |
| alcohol concentration;
and
| 12 |
| (5) whether the person, after being advised by the | 13 |
| officer that the
privileges to operate a motor vehicle | 14 |
| would be suspended if the person submits
to a chemical test | 15 |
| or tests and the test or tests disclose an alcohol
| 16 |
| concentration of more than 0.00, did submit to and
complete | 17 |
| the
test or tests that determined an alcohol concentration | 18 |
| of more than 0.00; and
| 19 |
| (6) whether the test result of an alcohol concentration | 20 |
| of more than 0.00
was based upon the person's consumption | 21 |
| of alcohol in the performance of a
religious service or | 22 |
| ceremony; and
| 23 |
| (7) whether the test result of an alcohol concentration | 24 |
| of more than 0.00
was based upon the person's consumption | 25 |
| of alcohol through ingestion of the
prescribed or | 26 |
| recommended dosage of medicine.
|
|
|
|
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|
| 1 |
| At the conclusion of the hearing held under Section 2-118 | 2 |
| of
this Code, the Secretary of State may rescind, continue, or | 3 |
| modify the suspension and disqualification. If the Secretary of | 4 |
| State does not rescind the suspension and disqualification, a
| 5 |
| restricted driving permit may be granted by the Secretary of | 6 |
| State upon
application being made and good cause shown. A | 7 |
| restricted driving permit may be
granted to relieve undue | 8 |
| hardship by allowing driving for employment,
educational, and | 9 |
| medical purposes as outlined in item (3) of part (c) of
Section | 10 |
| 6-206 of this Code. The provisions of item (3) of part (c) of | 11 |
| Section
6-206 of this Code and of subsection (f) of that | 12 |
| Section shall apply. The Secretary of State shall promulgate | 13 |
| rules
providing for participation in an alcohol education and | 14 |
| awareness program or
activity, a drug education and awareness | 15 |
| program or activity, or both as a
condition to the issuance of | 16 |
| a restricted driving permit for suspensions
imposed under this | 17 |
| Section.
| 18 |
| (f) The results of any chemical testing performed in | 19 |
| accordance with
subsection (a) of this Section are not | 20 |
| admissible in any civil or criminal
proceeding, except that the | 21 |
| results of the testing may be considered at a
hearing held | 22 |
| under Section 2-118 of this Code. However, the results of
the | 23 |
| testing may not be used to impose driver's license sanctions | 24 |
| under
Section 11-501.1 of this Code. A law enforcement officer | 25 |
| may, however, pursue
a statutory summary suspension or | 26 |
| revocation of driving privileges under Section 11-501.1 of
this |
|
|
|
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|
| 1 |
| Code if other physical evidence or first hand knowledge forms | 2 |
| the basis
of that suspension or revocation .
| 3 |
| (g) This Section applies only to drivers who are under
age | 4 |
| 21 at the time of the issuance of a Uniform Traffic Ticket for | 5 |
| a
violation of the Illinois Vehicle Code or a similar provision | 6 |
| of a local
ordinance, and a chemical test request is made under | 7 |
| this Section.
| 8 |
| (h) The action of the Secretary of State in suspending, | 9 |
| revoking, cancelling, or
disqualifying any license or
permit | 10 |
| shall be
subject to judicial review in the Circuit Court of | 11 |
| Sangamon County or in the
Circuit Court of Cook County, and the | 12 |
| provisions of the Administrative Review
Law and its rules are | 13 |
| hereby adopted and shall apply to and govern every action
for | 14 |
| the judicial review of final acts or decisions of the Secretary | 15 |
| of State
under this Section.
| 16 |
| (Source: P.A. 94-307, eff. 9-30-05; 95-201, eff. 1-1-08; | 17 |
| 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-876, eff. | 18 |
| 8-21-08.)
| 19 |
| Section 10. The Code of Criminal Procedure of 1963 is | 20 |
| amended by changing Section 115-15 as follows:
| 21 |
| (725 ILCS 5/115-15)
| 22 |
| Sec. 115-15. Laboratory reports.
| 23 |
| (a) In any criminal prosecution for a violation of
the | 24 |
| Cannabis
Control Act, the Illinois Controlled Substances Act, |
|
|
|
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|
| 1 |
| or the Methamphetamine Control and Community Protection Act, a | 2 |
| laboratory report
from the Department of State Police, Division | 3 |
| of Forensic Services, that is
signed and sworn to by the person | 4 |
| performing an
analysis and that states (1) that the substance | 5 |
| that is the basis of the
alleged
violation
has been weighed and | 6 |
| analyzed, and (2) the person's findings as to the
contents, | 7 |
| weight and identity of the substance, and (3) that it contains | 8 |
| any
amount of a controlled substance or cannabis is prima facie | 9 |
| evidence of the
contents, identity and weight of the substance. | 10 |
| Attached to the report
shall be a copy of a notarized statement | 11 |
| by the signer of the report giving
the name of the signer and | 12 |
| stating (i) that he or she is an employee of the
Department of | 13 |
| State Police, Division of Forensic Services,
(ii) the name and | 14 |
| location of the laboratory where the analysis was
performed, | 15 |
| (iii) that performing the analysis is a part of his or her | 16 |
| regular
duties, and (iv) that the signer is qualified by | 17 |
| education, training and
experience to perform the analysis. The | 18 |
| signer shall also allege that
scientifically accepted tests | 19 |
| were performed with due caution and that the
evidence was | 20 |
| handled in accordance with established and accepted procedures
| 21 |
| while in the custody of the laboratory.
| 22 |
| (a-5) In any criminal prosecution for reckless homicide | 23 |
| under Section 9-3
of the
Criminal Code of
1961 or driving under | 24 |
| the influence of alcohol, other drug, or combination of
both, | 25 |
| in
violation of Section
11-501 of the Illinois Vehicle Code or | 26 |
| in any civil action held under a
statutory summary
suspension |
|
|
|
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|
| 1 |
| or revocation hearing under Section 2-118.1 of the Illinois | 2 |
| Vehicle Code, a
laboratory report from the
Department of State | 3 |
| Police, Division of Forensic Services, that is signed and
sworn | 4 |
| to by the person
performing an analysis, and that states
that | 5 |
| the sample of blood or urine was tested for alcohol or
drugs, | 6 |
| and
contains the person's findings as to the presence and | 7 |
| amount
of
alcohol or
drugs and type of drug is prima facie | 8 |
| evidence of
the presence, content, and amount of the alcohol or | 9 |
| drugs analyzed in
the blood or urine. Attached to the report | 10 |
| must be a copy of a notarized
statement by the
signer of the | 11 |
| report giving the name of the signer and stating (1) that he or
| 12 |
| she is an employee
of the Department of State Police, Division | 13 |
| of Forensic Services, (2) the name
and location
of the | 14 |
| laboratory where the analysis was performed, (3) that | 15 |
| performing the
analysis is a part
of his or her regular duties, | 16 |
| (4) that the signer is qualified by
education, training, and
| 17 |
| experience to perform the analysis, and (5) that
scientifically | 18 |
| accepted
tests were performed with due caution and that the | 19 |
| evidence was handled in
accordance with
established and | 20 |
| accepted procedures while in the custody of the laboratory.
| 21 |
| (b) The State's Attorney shall serve a copy of the report | 22 |
| on the
attorney of record for the accused, or on the accused if | 23 |
| he or she has no
attorney, before any proceeding in which the | 24 |
| report is to be used against
the accused other than at a | 25 |
| preliminary hearing or grand jury hearing when
the report may | 26 |
| be used without having been previously served upon the accused.
|
|
|
|
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| 1 |
| (c) The report shall not be prima facie evidence if the
| 2 |
| accused or his or her attorney
demands the testimony of the | 3 |
| person signing the report by serving the
demand upon the | 4 |
| State's Attorney within 7 days from the accused or his or her
| 5 |
| attorney's receipt of the report.
| 6 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 7 |
| Section 99. Effective date. This Act takes effect July 1, | 8 |
| 2011.
|
|