Full Text of HB3572 99th General Assembly
HB3572 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3572 Introduced , by Rep. Katherine Cloonen SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/2-118 | from Ch. 95 1/2, par. 2-118 | 625 ILCS 5/2-118.1 | from Ch. 95 1/2, par. 2-118.1 | 625 ILCS 5/6-106.1a | | 625 ILCS 5/6-208.1 | from Ch. 95 1/2, par. 6-208.1 | 625 ILCS 5/6-514 | from Ch. 95 1/2, par. 6-514 | 625 ILCS 5/6-516 | from Ch. 95 1/2, par. 6-516 | 625 ILCS 5/6-517 | from Ch. 95 1/2, par. 6-517 | 625 ILCS 5/11-401 | from Ch. 95 1/2, par. 11-401 | 625 ILCS 5/11-500 | from Ch. 95 1/2, par. 11-500 | 625 ILCS 5/11-500.1 | | 625 ILCS 5/11-501 | from Ch. 95 1/2, par. 11-501 | 625 ILCS 5/11-501.1 | | 625 ILCS 5/11-501.2 | from Ch. 95 1/2, par. 11-501.2 | 625 ILCS 5/11-501.4 | from Ch. 95 1/2, par. 11-501.4 | 625 ILCS 5/11-501.4-1 | | 625 ILCS 5/11-501.6 | from Ch. 95 1/2, par. 11-501.6 | 625 ILCS 5/11-501.8 | | 625 ILCS 5/11-507 | | 725 ILCS 5/115-15 | | 730 ILCS 5/5-9-1.9 | |
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Amends the Illinois Vehicle Code. Allows use of saliva testing for the presence of alcohol or drugs for the purpose of enforcement of driving or operating a vehicle under the influence offenses. Makes saliva tests admissible in certain proceedings. Amends the Code of Criminal Procedure of 1963 and Unified Code of Corrections to make conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 2-118, 2-118.1, 6-106.1a, 6-208.1, 6-514, 6-516, | 6 | | 6-517, 11-401, 11-500, 11-500.1, 11-501, 11-501.1, 11-501.2, | 7 | | 11-501.4, 11-501.4-1, 11-501.6, 11-501.8, and 11-507 as | 8 | | follows:
| 9 | | (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
| 10 | | Sec. 2-118. Hearings.
| 11 | | (a) Upon the suspension, revocation or denial of
the | 12 | | issuance of a license, permit, registration or certificate of | 13 | | title
under this Code of any person the Secretary of State | 14 | | shall immediately
notify such person in writing and upon his | 15 | | written request shall, within 20
days after receipt thereof, | 16 | | set a date for a hearing to commence within 90
calendar days | 17 | | from the date of the written request for all requests related | 18 | | to
a suspension, revocation, or the denial of the issuance of a | 19 | | license, permit,
registration, or certificate of title | 20 | | occurring after July 1, 2002, in the
County of
Sangamon, the | 21 | | County of Jefferson, or the County of Cook, as such
person may | 22 | | specify, unless both
parties agree that such hearing may be | 23 | | held in some other county.
The Secretary may require the |
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| 1 | | payment of a fee of not more than $50 for the
filing of any | 2 | | petition, motion, or request for hearing conducted pursuant to
| 3 | | this Section. These fees must be deposited into the Secretary | 4 | | of State DUI
Administration Fund, a special fund created in the | 5 | | State treasury, and, subject
to appropriation and as directed | 6 | | by the Secretary of State, shall be used for
operation of the | 7 | | Department of Administrative Hearings of the Office of the
| 8 | | Secretary of
State
and for no other purpose. The
Secretary | 9 | | shall establish by rule the amount and the procedures, terms, | 10 | | and
conditions relating to these fees.
| 11 | | (b) At any time after the suspension, revocation or denial | 12 | | of a license,
permit, registration or certificate of title of | 13 | | any person as
hereinbefore referred to, the Secretary of State, | 14 | | in his or her discretion
and
without the necessity of a request | 15 | | by such person, may hold such a hearing,
upon not less than 10 | 16 | | days' notice in writing, in the Counties of Sangamon,
| 17 | | Jefferson,
or Cook or in any other county agreed to by the | 18 | | parties.
| 19 | | (c) Upon any such hearing, the Secretary of State, or his | 20 | | authorized
agent may administer oaths and issue subpoenas for | 21 | | the attendance of
witnesses and the production of relevant | 22 | | books and records and may require
an examination of such | 23 | | person. Upon any such hearing, the Secretary of
State shall | 24 | | either rescind or, good cause appearing therefor, continue,
| 25 | | change or extend the Order of Revocation or Suspension, or upon | 26 | | petition
therefore and subject to the provisions of this Code, |
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| 1 | | issue a restricted
driving permit or reinstate the license or | 2 | | permit of such person.
| 3 | | (d) All hearings and hearing procedures shall comply with | 4 | | requirements
of the Constitution, so that no person is deprived | 5 | | of due process of law
nor denied equal protection of the laws. | 6 | | All hearings shall be held before
the Secretary of State or | 7 | | before such persons as may be designated by the
Secretary of | 8 | | State and appropriate records of such hearings shall be kept.
| 9 | | Where a transcript of the hearing is taken, the person | 10 | | requesting the
hearing shall have the opportunity to order a | 11 | | copy thereof at his own
expense.
The Secretary of State shall | 12 | | enter an order upon any hearing conducted
under this Section, | 13 | | related to a suspension, revocation, or the denial of
the | 14 | | issuance of a license, permit, registration, or certificate of | 15 | | title
occurring after July 1, 2002, within 90 days of its | 16 | | conclusion and shall
immediately notify the person in writing | 17 | | of his or her action.
| 18 | | (d-5) Any hearing over which the Secretary of State has | 19 | | jurisdiction because of a person's implied consent to testing | 20 | | of the person's blood, breath, saliva, or urine for the | 21 | | presence of alcohol, drugs, or intoxicating compounds may be | 22 | | conducted upon a review of the official police reports. Either | 23 | | party, however, may subpoena the arresting officer and any | 24 | | other law enforcement officer who was involved in the | 25 | | petitioner's arrest or processing after arrest, as well as any | 26 | | other person whose testimony may be probative to the issues at |
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| 1 | | the hearing. The failure of a law enforcement officer to answer | 2 | | the subpoena shall be considered grounds for a continuance if, | 3 | | in the hearing officer's discretion, the continuance is | 4 | | appropriate. The failure of the arresting officer to answer a | 5 | | subpoena shall not, in and of itself, be considered grounds for | 6 | | the rescission of an implied consent suspension. Rather, the | 7 | | hearing shall proceed on the basis of the other evidence | 8 | | available, and the hearing officer shall assign this evidence | 9 | | whatever probative value is deemed appropriate. The decision | 10 | | whether to rescind shall be based upon the totality of the | 11 | | evidence.
| 12 | | (e) The action of the
Secretary of State in suspending, | 13 | | revoking or denying any license, permit,
registration, or | 14 | | certificate of title shall be subject to judicial review
in the
| 15 | | Circuit Court of Sangamon County, in the Circuit Court of | 16 | | Jefferson County,
or in the Circuit Court of Cook County, and | 17 | | the
provisions of the Administrative Review Law, and all | 18 | | amendments and
modifications thereto, and the rules adopted | 19 | | pursuant thereto, are hereby
adopted and shall apply to and | 20 | | govern every action for the judicial review of
final acts or | 21 | | decisions of the Secretary of State hereunder.
| 22 | | (Source: P.A. 95-627, eff. 6-1-08; 96-184, eff. 8-10-09.)
| 23 | | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
| 24 | | Sec. 2-118.1. Opportunity for hearing; statutory summary | 25 | | alcohol
or other drug related suspension or revocation pursuant |
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| 1 | | to Section 11-501.1. | 2 | | (a) A statutory summary suspension or revocation of driving | 3 | | privileges under Section
11-501.1 shall not become effective | 4 | | until the person is notified in writing of
the impending | 5 | | suspension or revocation and informed that he may request a | 6 | | hearing in the
circuit court of venue under paragraph (b) of | 7 | | this Section and the statutory
summary suspension or revocation | 8 | | shall become effective as provided in Section 11-501.1. | 9 | | (b) Within 90 days after the notice of statutory summary
| 10 | | suspension or revocation served under Section
11-501.1, the | 11 | | person may make a written request for a judicial hearing in
the | 12 | | circuit court of venue. The request to the circuit court shall | 13 | | state
the grounds upon which the person seeks to have the | 14 | | statutory summary
suspension or revocation rescinded. Within | 15 | | 30 days after receipt of the written request
or the first | 16 | | appearance date on the Uniform Traffic Ticket issued pursuant
| 17 | | to a violation of Section 11-501, or a similar provision of a | 18 | | local
ordinance, the hearing shall be conducted by the circuit | 19 | | court having
jurisdiction. This judicial hearing, request, or | 20 | | process shall not stay or
delay the statutory summary | 21 | | suspension or revocation. The hearings shall proceed in the
| 22 | | court in the same manner as in other civil proceedings. | 23 | | The hearing may be conducted upon a review of the law | 24 | | enforcement
officer's own official reports; provided however, | 25 | | that the person may
subpoena the officer. Failure of the | 26 | | officer to answer the subpoena shall
be considered grounds for |
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| 1 | | a continuance if in the court's discretion the
continuance is | 2 | | appropriate. | 3 | | The scope of the hearing shall be limited to the issues of: | 4 | | 1. Whether the person was placed under arrest for an | 5 | | offense as defined
in Section 11-501, or a similar | 6 | | provision of a local ordinance, as evidenced
by the | 7 | | issuance of a Uniform Traffic Ticket, or issued a Uniform | 8 | | Traffic
Ticket out of state as provided in subsection (a) | 9 | | of Section 11-501.1; and | 10 | | 2. Whether the officer had reasonable grounds to | 11 | | believe that
the person was driving or in actual physical | 12 | | control of a motor vehicle
upon a highway while under the | 13 | | influence of alcohol, other drug, or
combination of both; | 14 | | and | 15 | | 3. Whether the person, after being advised by the | 16 | | officer
that the privilege to operate a motor vehicle would | 17 | | be suspended or revoked if the
person refused to submit to | 18 | | and complete the test or tests, did refuse to
submit to or | 19 | | complete the test or tests to determine the person's blood | 20 | | alcohol or drug concentration; or | 21 | | 4. Whether the person, after being advised by the | 22 | | officer that
the privilege to operate a motor vehicle would | 23 | | be suspended if the person
submits to a chemical test, or | 24 | | tests, and the test discloses an alcohol
concentration of | 25 | | 0.08 or more, or any amount of a drug, substance,
or | 26 | | compound in the person's blood , saliva, or urine resulting |
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| 1 | | from the unlawful use or
consumption of cannabis listed in | 2 | | the Cannabis Control Act, a controlled
substance listed in | 3 | | the Illinois Controlled Substances Act, an intoxicating
| 4 | | compound as listed in the Use of Intoxicating Compounds | 5 | | Act, or methamphetamine as listed in the Methamphetamine | 6 | | Control and Community Protection Act, and the person
did | 7 | | submit to and complete the test or tests that determined an | 8 | | alcohol
concentration of 0.08 or more. | 9 | | 4.2. (Blank). | 10 | | 4.5. (Blank). | 11 | | 5. If the person's driving privileges were revoked, | 12 | | whether the person was involved in a motor vehicle accident | 13 | | that caused Type A injury or death to another. | 14 | | Upon the conclusion of the judicial hearing, the circuit | 15 | | court shall
sustain or rescind the statutory summary suspension | 16 | | or revocation and immediately notify
the Secretary of State. | 17 | | Reports received by the Secretary of State under
this Section | 18 | | shall be privileged information and for use only by the
courts, | 19 | | police officers, and Secretary of State. | 20 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
| 21 | | (625 ILCS 5/6-106.1a)
| 22 | | Sec. 6-106.1a. Cancellation of school bus driver permit; | 23 | | trace of alcohol.
| 24 | | (a) A person who has been issued a school bus driver permit | 25 | | by the Secretary
of State in accordance with Section 6-106.1 of |
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| 1 | | this Code and who drives or is
in actual physical control of a | 2 | | school bus
or any other vehicle owned or operated by or for a | 3 | | public or private
school, or a school operated by a religious | 4 | | institution, when the vehicle is
being used over a regularly | 5 | | scheduled route for the transportation of persons
enrolled as | 6 | | students in grade 12 or below, in connection with any activity | 7 | | of
the entities listed, upon the public highways of this State | 8 | | shall be
deemed to have given consent to a chemical test or | 9 | | tests of blood, breath, saliva, or
urine for the purpose of | 10 | | determining the alcohol content of the person's blood
if | 11 | | arrested, as evidenced
by the issuance of a Uniform Traffic | 12 | | Ticket for any violation of this
Code or a similar provision of | 13 | | a local ordinance, if a police officer
has probable cause to | 14 | | believe that the driver has consumed any amount of an
alcoholic | 15 | | beverage based upon evidence of the driver's physical condition
| 16 | | or other first hand knowledge of the police officer. The test | 17 | | or tests shall
be administered at the direction of the | 18 | | arresting officer. The law enforcement
agency employing the | 19 | | officer shall designate which of the aforesaid tests shall
be | 20 | | administered. A saliva or urine test may be administered even | 21 | | after a blood or breath
test or both has been administered.
| 22 | | (b) A person who is dead, unconscious, or who is otherwise | 23 | | in a condition
rendering that person incapable of refusal, | 24 | | shall be deemed not to have
withdrawn the consent provided by | 25 | | paragraph (a) of this Section and the test or
tests may be | 26 | | administered subject to the following provisions:
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| 1 | | (1) Chemical analysis of the person's blood, urine, | 2 | | breath, saliva, or
other substance,
to be considered valid | 3 | | under the provisions of this Section, shall have been
| 4 | | performed according to standards promulgated by the | 5 | | Department of State Police by an
individual
possessing a | 6 | | valid permit issued by the Department of State Police for | 7 | | this
purpose. The
Director of State Police is authorized to | 8 | | approve satisfactory techniques
or
methods, to ascertain | 9 | | the qualifications and competence of individuals to
| 10 | | conduct analyses, to issue
permits that shall be subject to | 11 | | termination or revocation at the direction of
the | 12 | | Department of State Police, and to certify the
accuracy of | 13 | | breath testing
equipment. The
Department of State Police | 14 | | shall prescribe rules as
necessary.
| 15 | | (2) When a person submits to a blood test at the | 16 | | request of a law
enforcement officer under the provisions | 17 | | of this Section, only a physician
authorized to practice | 18 | | medicine, a licensed physician assistant, a licensed | 19 | | advanced practice nurse, a registered nurse, or other | 20 | | qualified person
trained in venipuncture and acting under | 21 | | the direction of a licensed physician
may withdraw blood | 22 | | for the purpose of determining the alcohol content.
This | 23 | | limitation does not apply to the taking of breath , saliva, | 24 | | or urine specimens.
| 25 | | (3) The person tested may have a physician, qualified | 26 | | technician, chemist,
registered nurse, or other qualified |
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| 1 | | person of his or her own choosing
administer a chemical | 2 | | test or tests in addition to any test or tests
administered | 3 | | at the direction of a law enforcement officer. The test
| 4 | | administered at the request of the person may be admissible | 5 | | into evidence at a
hearing conducted in accordance with | 6 | | Section 2-118 of this Code. The failure
or inability to | 7 | | obtain an additional test by a person shall not preclude | 8 | | the
consideration of the previously performed chemical | 9 | | test.
| 10 | | (4) Upon a request of the person who submits to a | 11 | | chemical test or tests
at the request of a law enforcement | 12 | | officer, full information concerning the
test or tests | 13 | | shall be made available to the person or that person's
| 14 | | attorney by the requesting law enforcement agency within 72 | 15 | | hours of receipt of
the test result.
| 16 | | (5) Alcohol concentration means either grams of | 17 | | alcohol per 100
milliliters of blood or grams of alcohol | 18 | | per 210 liters of breath.
| 19 | | (6) If a driver is receiving medical treatment as a | 20 | | result of a motor
vehicle accident, a physician licensed to | 21 | | practice medicine, licensed physician assistant, licensed | 22 | | advanced practice nurse, registered nurse,
or other | 23 | | qualified person trained in venipuncture and acting under | 24 | | the
direction of a
licensed physician shall withdraw blood | 25 | | for testing purposes to ascertain the
presence of alcohol | 26 | | upon the specific request of a law enforcement officer.
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| 1 | | However, that testing shall not be performed until, in the | 2 | | opinion of the
medical personnel on scene, the withdrawal | 3 | | can be made without interfering with
or endangering the | 4 | | well-being of the patient.
| 5 | | (c) A person requested to submit to a test as provided in | 6 | | this Section shall
be warned
by the law enforcement officer | 7 | | requesting the test that a refusal to submit to
the test, or
| 8 | | submission to the test resulting in an alcohol concentration of | 9 | | more than 0.00,
may result
in the loss of that person's | 10 | | privilege to possess a school bus driver
permit. The loss of | 11 | | the individual's privilege to possess a school bus driver
| 12 | | permit shall be imposed in accordance with Section 6-106.1b of | 13 | | this Code.
| 14 | | (d) If the person refuses testing or submits to a test that | 15 | | discloses an
alcohol concentration of more than 0.00, the law | 16 | | enforcement officer shall
immediately submit a sworn report to | 17 | | the Secretary of State on a form
prescribed by the Secretary of | 18 | | State certifying that the test or tests were
requested under | 19 | | subsection (a) and the person refused to submit to a test or
| 20 | | tests or submitted to testing which disclosed an alcohol | 21 | | concentration of more
than 0.00. The law enforcement officer | 22 | | shall submit the same sworn report when
a person who has been | 23 | | issued a school bus driver permit and who was operating a
| 24 | | school bus or any other vehicle owned
or operated by or for a | 25 | | public or private school, or a school operated by a
religious | 26 | | institution, when the vehicle is being used over a regularly
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| 1 | | scheduled route for the transportation of persons enrolled as | 2 | | students in grade
12 or below, in connection with
any activity | 3 | | of the entities listed, submits to testing under Section | 4 | | 11-501.1
of this Code and the testing discloses an alcohol | 5 | | concentration of more than
0.00 and less than the alcohol | 6 | | concentration at which driving or being in
actual physical | 7 | | control of a motor vehicle is prohibited under paragraph (1) of
| 8 | | subsection (a) of Section 11-501.
| 9 | | Upon receipt of the sworn report of a law enforcement | 10 | | officer, the Secretary
of State shall enter the school bus | 11 | | driver permit sanction on the
individual's driving record and | 12 | | the sanction shall be effective on the
46th day following the | 13 | | date notice of the sanction was given to the person.
| 14 | | The law enforcement officer submitting the sworn report | 15 | | shall serve immediate
notice of this school bus driver permit | 16 | | sanction on the person and the sanction
shall be effective on | 17 | | the 46th day following the date notice was given.
| 18 | | In cases where the blood alcohol concentration of more than | 19 | | 0.00 is
established by a subsequent analysis of blood , saliva, | 20 | | or urine, the police officer or
arresting agency shall give | 21 | | notice as provided in this Section or by deposit in
the United | 22 | | States mail of that notice in an envelope with postage prepaid | 23 | | and
addressed to that person at his or her last known address | 24 | | and the loss of the
school
bus driver permit shall be effective | 25 | | on the 46th day following the date notice
was given.
| 26 | | Upon receipt of the sworn report of a law enforcement |
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| 1 | | officer, the Secretary
of State shall also give notice of the | 2 | | school bus driver permit sanction to the
driver and the | 3 | | driver's current employer by mailing a notice of the effective
| 4 | | date of the sanction to the individual. However, shall the | 5 | | sworn report be
defective by not containing sufficient | 6 | | information or be completed in error,
the notice of the school | 7 | | bus driver permit sanction may not be mailed to the
person or | 8 | | his current employer or entered to the driving record,
but | 9 | | rather the sworn report shall be returned to the issuing law | 10 | | enforcement
agency.
| 11 | | (e) A driver may contest this school bus driver permit | 12 | | sanction by
requesting an administrative hearing with the | 13 | | Secretary of State in accordance
with Section 2-118 of this | 14 | | Code. An individual whose blood alcohol
concentration is shown | 15 | | to be more than 0.00 is not subject to this Section if
he or she | 16 | | consumed alcohol in the performance of a religious service or
| 17 | | ceremony. An individual whose blood alcohol concentration is | 18 | | shown to be more
than 0.00 shall not be subject to this Section | 19 | | if the individual's blood
alcohol concentration resulted only | 20 | | from ingestion of the prescribed or
recommended dosage of | 21 | | medicine that contained alcohol. The petition for that
hearing | 22 | | shall not stay or delay the effective date of the impending | 23 | | suspension.
The scope of this hearing shall be limited to the | 24 | | issues of:
| 25 | | (1) whether the police officer had probable cause to | 26 | | believe that the
person was driving or in actual physical |
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| 1 | | control of a school bus
or any other vehicle owned or | 2 | | operated by or for a
public or private school, or a
school | 3 | | operated by a religious institution, when the vehicle is | 4 | | being used
over a regularly scheduled route for the | 5 | | transportation of persons enrolled as
students in grade 12 | 6 | | or below, in connection with any activity of the entities
| 7 | | listed, upon the public highways of the State and the | 8 | | police officer had reason
to believe that the person was in | 9 | | violation of any provision of this
Code or a similar | 10 | | provision of a local ordinance; and
| 11 | | (2) whether the person was issued a Uniform Traffic | 12 | | Ticket for any
violation of this Code or a similar | 13 | | provision of a local
ordinance; and
| 14 | | (3) whether the police officer had probable cause to | 15 | | believe that the
driver had
consumed any amount of an | 16 | | alcoholic beverage based upon the driver's
physical | 17 | | actions or other first-hand knowledge of the police | 18 | | officer; and
| 19 | | (4) whether the person, after being advised by the | 20 | | officer that the
privilege to possess a school bus driver | 21 | | permit would be canceled if the person
refused to submit to | 22 | | and complete the test or tests, did refuse to submit to or
| 23 | | complete the test or tests to determine the person's | 24 | | alcohol concentration; and
| 25 | | (5) whether the person, after being advised by the | 26 | | officer that the
privileges to possess a school bus driver |
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| 1 | | permit would be canceled if the
person submits to a | 2 | | chemical test or tests and the test or tests disclose an
| 3 | | alcohol concentration of more than 0.00 and
the person did | 4 | | submit to and complete the test or tests that determined an
| 5 | | alcohol concentration of more than 0.00; and
| 6 | | (6) whether the test result of an alcohol concentration | 7 | | of more than 0.00
was based upon the person's consumption | 8 | | of alcohol in the performance of a
religious service or | 9 | | ceremony; and
| 10 | | (7) whether the test result of an alcohol concentration | 11 | | of more than 0.00
was based upon the person's consumption | 12 | | of alcohol through ingestion of the
prescribed or | 13 | | recommended dosage of medicine.
| 14 | | The Secretary of State may adopt administrative rules | 15 | | setting forth
circumstances under which the holder of a school | 16 | | bus driver permit is not
required to
appear in
person at the | 17 | | hearing.
| 18 | | Provided that the petitioner may subpoena the officer, the | 19 | | hearing may be
conducted upon a review of the law enforcement | 20 | | officer's own official
reports. Failure of the officer to | 21 | | answer the subpoena shall be grounds for a
continuance if, in | 22 | | the hearing officer's discretion, the continuance is
| 23 | | appropriate. At the conclusion of the hearing held under | 24 | | Section 2-118 of this
Code, the Secretary of State may rescind, | 25 | | continue, or modify
the school bus driver permit sanction.
| 26 | | (f) The results of any chemical testing performed in |
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| 1 | | accordance with
subsection (a) of this Section are not | 2 | | admissible in any civil or criminal
proceeding, except that the | 3 | | results
of the testing may be considered at a hearing held | 4 | | under Section 2-118 of this
Code. However, the results of the | 5 | | testing may not be used to impose
driver's license sanctions | 6 | | under Section 11-501.1 of this Code. A law
enforcement officer | 7 | | may, however, pursue a statutory summary suspension or | 8 | | revocation of
driving privileges under Section 11-501.1 of this | 9 | | Code if other physical
evidence or first hand knowledge forms | 10 | | the basis of that suspension or revocation.
| 11 | | (g) This Section applies only to drivers who have been | 12 | | issued a school bus
driver permit in accordance with Section | 13 | | 6-106.1 of this Code at the time of
the issuance of the Uniform | 14 | | Traffic Ticket for a violation of this
Code or a similar | 15 | | provision of a local ordinance, and a chemical test
request is | 16 | | made under this Section.
| 17 | | (h) The action of the Secretary of State in suspending, | 18 | | revoking, canceling,
or denying any license, permit, | 19 | | registration, or certificate of title shall be
subject to | 20 | | judicial review in the Circuit Court of Sangamon County or in | 21 | | the
Circuit Court of Cook County, and the provisions of the | 22 | | Administrative Review
Law and its rules are hereby adopted and | 23 | | shall apply to and govern every
action for the judicial review | 24 | | of final acts or decisions of the Secretary of
State under this | 25 | | Section.
| 26 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11.)
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| 1 | | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | 2 | | Sec. 6-208.1. Period of statutory summary alcohol, other | 3 | | drug,
or intoxicating compound related suspension or | 4 | | revocation. | 5 | | (a) Unless the statutory summary suspension has been | 6 | | rescinded, any
person whose privilege to drive a motor vehicle | 7 | | on the public highways has
been summarily suspended, pursuant | 8 | | to Section 11-501.1, shall not be
eligible for restoration of | 9 | | the privilege until the expiration of: | 10 | | 1. twelve months from the effective date of the | 11 | | statutory summary suspension
for a refusal or failure to | 12 | | complete a test or tests to determine the alcohol, other | 13 | | drug, or intoxicating compound concentration under
Section | 14 | | 11-501.1, if the person was not involved in a motor vehicle | 15 | | accident that caused personal injury or death to another; | 16 | | or | 17 | | 2. six months from the effective date of the statutory | 18 | | summary
suspension imposed following the person's | 19 | | submission to a chemical test
which disclosed an alcohol | 20 | | concentration of 0.08 or more, or any
amount
of a
drug, | 21 | | substance, or intoxicating compound in such person's
| 22 | | breath, blood, saliva, or
urine resulting
from the unlawful | 23 | | use or consumption of cannabis listed in the Cannabis
| 24 | | Control Act, a controlled substance listed in the Illinois
| 25 | | Controlled
Substances Act, an intoxicating compound listed |
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| 1 | | in the Use of Intoxicating
Compounds Act, or | 2 | | methamphetamine as listed in the Methamphetamine Control | 3 | | and Community Protection Act, pursuant to Section | 4 | | 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 , saliva, or urine resulting | 16 | | from the unlawful use or
consumption of cannabis listed in | 17 | | the Cannabis Control Act, a
controlled
substance listed in | 18 | | the 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; or | 22 | | 5. (Blank). | 23 | | (b) Following a statutory summary suspension of the | 24 | | privilege to drive a
motor vehicle under Section 11-501.1, | 25 | | driving privileges shall be
restored unless the person is | 26 | | otherwise suspended, revoked, or cancelled by this Code. If
the |
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| 1 | | court has reason to believe that the person's
driving privilege | 2 | | should not be restored, the court shall notify
the Secretary of | 3 | | State prior to the expiration of the statutory summary
| 4 | | suspension so appropriate action may be taken pursuant to this | 5 | | Code. | 6 | | (c) Driving privileges may not be restored until all | 7 | | applicable
reinstatement fees, as provided by this Code, have | 8 | | been paid to the Secretary
of State and the appropriate entry | 9 | | made to the driver's record. | 10 | | (d) Where a driving privilege has been summarily suspended | 11 | | or revoked under Section
11-501.1 and the person is | 12 | | subsequently convicted of violating Section
11-501, or a | 13 | | similar provision of a local ordinance, for the same incident,
| 14 | | any period served on statutory summary suspension or revocation | 15 | | shall be credited toward
the minimum period of revocation of | 16 | | driving privileges imposed pursuant to
Section 6-205. | 17 | | (e) A first offender who refused chemical testing and whose | 18 | | driving privileges were summarily revoked pursuant to Section | 19 | | 11-501.1 shall not be eligible for a monitoring device driving | 20 | | permit, but may make application for reinstatement or for a | 21 | | restricted driving permit after a period of one year has | 22 | | elapsed from the effective date of the revocation. | 23 | | (f) (Blank). | 24 | | (g) Following a statutory summary suspension of driving | 25 | | privileges
pursuant to Section 11-501.1 where the person was | 26 | | not a first offender, as
defined in Section 11-500, the |
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| 1 | | Secretary of State may not issue a
restricted driving permit. | 2 | | (h) (Blank). | 3 | | (Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14; | 4 | | 98-1015, eff. 8-22-14; 98-1172, eff. 1-12-15.)
| 5 | | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| 6 | | (Text of Section before amendment by P.A. 98-176 )
| 7 | | Sec. 6-514. Commercial driver's license (CDL); commercial | 8 | | learner's permit (CLP); disqualifications.
| 9 | | (a) A person shall be disqualified from driving a | 10 | | commercial motor
vehicle for a period of not less than 12 | 11 | | months for the first violation of:
| 12 | | (1) Refusing to submit to or failure to complete a test | 13 | | or tests to determine the driver's blood concentration of | 14 | | alcohol, other drug, or both
while driving a commercial | 15 | | motor vehicle or, if the driver is a CDL holder, while | 16 | | driving a non-CMV; or
| 17 | | (2) Operating a commercial motor vehicle while the | 18 | | alcohol
concentration of the person's blood, breath or | 19 | | urine is at least 0.04, or any
amount of a drug, substance, | 20 | | or compound in the person's blood or urine
resulting from | 21 | | the unlawful use or consumption of cannabis listed in the
| 22 | | Cannabis Control Act, a controlled substance listed in the | 23 | | Illinois
Controlled Substances Act, or methamphetamine as | 24 | | listed in the Methamphetamine Control and Community | 25 | | Protection Act as indicated by a police officer's sworn |
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| 1 | | report or
other verified evidence; or operating a | 2 | | non-commercial motor vehicle while the alcohol | 3 | | concentration of the person's blood, breath, or urine was | 4 | | above the legal limit defined in Section 11-501.1 or | 5 | | 11-501.8 or any amount of a drug, substance, or compound in | 6 | | the person's blood or urine resulting from the unlawful use | 7 | | or consumption of cannabis listed in the Cannabis Control | 8 | | Act, a controlled substance listed in the Illinois | 9 | | Controlled Substances Act, or methamphetamine as listed in | 10 | | the Methamphetamine Control and Community Protection Act
| 11 | | as indicated by a police officer's sworn report or other | 12 | | verified evidence while holding a commercial driver's | 13 | | license; or
| 14 | | (3) Conviction for a first violation of:
| 15 | | (i) Driving a commercial motor vehicle or, if the | 16 | | driver is a CDL holder, driving a non-CMV while under | 17 | | the influence of
alcohol, or any other drug, or | 18 | | combination of drugs to a degree which
renders such | 19 | | person incapable of safely driving; or
| 20 | | (ii) Knowingly leaving the scene of an accident | 21 | | while
operating a commercial motor vehicle or, if the | 22 | | driver is a CDL holder, while driving a non-CMV; or
| 23 | | (iii) Driving a commercial motor vehicle or, if the | 24 | | driver is a CDL holder, driving a non-CMV while | 25 | | committing any felony; or | 26 | | (iv) Driving a commercial motor vehicle while the |
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| 1 | | person's driving privileges or driver's license or | 2 | | permit is revoked, suspended, or cancelled or the | 3 | | driver is disqualified from operating a commercial | 4 | | motor vehicle; or | 5 | | (v) Causing a fatality through the negligent | 6 | | operation of a commercial motor vehicle, including but | 7 | | not limited to the crimes of motor vehicle | 8 | | manslaughter, homicide by a motor vehicle, and | 9 | | negligent homicide. | 10 | | As used in this subdivision (a)(3)(v), "motor | 11 | | vehicle manslaughter" means the offense of involuntary | 12 | | manslaughter if committed by means of a vehicle; | 13 | | "homicide by a motor vehicle" means the offense of | 14 | | first degree murder or second degree murder, if either | 15 | | offense is committed by means of a vehicle; and | 16 | | "negligent homicide" means reckless homicide under | 17 | | Section 9-3 of the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012 and aggravated driving under the | 19 | | influence of alcohol, other drug or drugs, | 20 | | intoxicating compound or compounds, or any combination | 21 | | thereof under subdivision (d)(1)(F) of Section 11-501 | 22 | | of this Code.
| 23 | | If any of the above violations or refusals occurred | 24 | | while
transporting hazardous material(s) required to be | 25 | | placarded, the person
shall be disqualified for a period of | 26 | | not less than 3 years; or
|
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| 1 | | (4) (Blank). | 2 | | (b) A person is disqualified for life for a second | 3 | | conviction of any of
the offenses specified in paragraph (a), | 4 | | or any combination of those
offenses, arising from 2 or more | 5 | | separate incidents.
| 6 | | (c) A person is disqualified from driving a commercial | 7 | | motor vehicle for
life if the person either (i) uses a | 8 | | commercial motor vehicle in the commission of any felony
| 9 | | involving the manufacture, distribution, or dispensing of a | 10 | | controlled
substance, or possession with intent to | 11 | | manufacture, distribute or dispense
a controlled substance or | 12 | | (ii) if the person is a CDL holder, uses a non-CMV in the | 13 | | commission of a felony involving any of those activities.
| 14 | | (d) The Secretary of State may, when the United States | 15 | | Secretary of
Transportation so authorizes, issue regulations | 16 | | in which a disqualification
for life under paragraph (b) may be | 17 | | reduced to a period of not less than 10
years.
If a reinstated | 18 | | driver is subsequently convicted of another disqualifying
| 19 | | offense, as specified in subsection (a) of this Section, he or | 20 | | she shall be
permanently disqualified for life and shall be | 21 | | ineligible to again apply for a
reduction of the lifetime | 22 | | disqualification.
| 23 | | (e) A person is disqualified from driving a commercial | 24 | | motor vehicle for
a period of not less than 2 months if | 25 | | convicted of 2 serious traffic
violations, committed in a | 26 | | commercial motor vehicle, non-CMV while holding a CDL, or any |
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| 1 | | combination thereof, arising from separate
incidents, | 2 | | occurring within a 3 year period, provided the serious traffic | 3 | | violation committed in a non-CMV would result in the suspension | 4 | | or revocation of the CDL holder's non-CMV privileges. However, | 5 | | a person will be
disqualified from driving a commercial motor | 6 | | vehicle for a period of not less
than 4 months if convicted of | 7 | | 3 serious traffic violations, committed in a
commercial motor | 8 | | vehicle, non-CMV while holding a CDL, or any combination | 9 | | thereof, arising from separate incidents, occurring within a 3
| 10 | | year period, provided the serious traffic violation committed | 11 | | in a non-CMV would result in the suspension or revocation of | 12 | | the CDL holder's non-CMV privileges. If all the convictions | 13 | | occurred in a non-CMV, the disqualification shall be entered | 14 | | only if the convictions would result in the suspension or | 15 | | revocation of the CDL holder's non-CMV privileges.
| 16 | | (e-1) (Blank).
| 17 | | (f) Notwithstanding any other provision of this Code, any | 18 | | driver
disqualified from operating a commercial motor vehicle, | 19 | | pursuant to this
UCDLA, shall not be eligible for restoration | 20 | | of commercial driving
privileges during any such period of | 21 | | disqualification.
| 22 | | (g) After suspending, revoking, or cancelling a commercial | 23 | | driver's
license, the Secretary of State must update the | 24 | | driver's records to reflect
such action within 10 days. After | 25 | | suspending or revoking the driving privilege
of any person who | 26 | | has been issued a CDL or commercial driver instruction permit
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| 1 | | from another jurisdiction, the Secretary shall originate | 2 | | notification to
such issuing jurisdiction within 10 days.
| 3 | | (h) The "disqualifications" referred to in this Section | 4 | | shall not be
imposed upon any commercial motor vehicle driver, | 5 | | by the Secretary of
State, unless the prohibited action(s) | 6 | | occurred after March 31, 1992.
| 7 | | (i) A person is disqualified from driving a commercial | 8 | | motor vehicle in
accordance with the following:
| 9 | | (1) For 6 months upon a first conviction of paragraph | 10 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | 11 | | of this Code.
| 12 | | (2) For 2 years upon a second conviction of paragraph | 13 | | (2) of subsection
(b) or subsection (b-3) or any | 14 | | combination of paragraphs (2) or (3) of subsection (b) or | 15 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 16 | | within a 10-year period if the second conviction is a | 17 | | violation of paragraph (2) of subsection (b) or subsection | 18 | | (b-3).
| 19 | | (3) For 3 years upon a third or subsequent conviction | 20 | | of paragraph (2) of
subsection (b) or subsection (b-3) or | 21 | | any combination of paragraphs (2) or (3) of subsection (b) | 22 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 23 | | within a 10-year period if the third or subsequent | 24 | | conviction is a violation of paragraph (2) of subsection | 25 | | (b) or subsection (b-3).
| 26 | | (4) For one year upon a first conviction of paragraph |
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| 1 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | 2 | | of this Code.
| 3 | | (5) For 3 years upon a second conviction of paragraph | 4 | | (3) of subsection
(b) or subsection (b-5) or any | 5 | | combination of paragraphs (2) or (3) of subsection (b) or | 6 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 7 | | within a 10-year period if the second conviction is a | 8 | | violation of paragraph (3) of subsection (b) or (b-5).
| 9 | | (6) For 5 years upon a third or subsequent conviction | 10 | | of paragraph (3) of
subsection (b) or subsection (b-5) or | 11 | | any combination of paragraphs (2) or (3) of subsection (b) | 12 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 13 | | within a 10-year period if the third or subsequent | 14 | | conviction is a violation of paragraph (3) of subsection | 15 | | (b) or (b-5).
| 16 | | (j) Disqualification for railroad-highway grade crossing
| 17 | | violation.
| 18 | | (1) General rule. A driver who is convicted of a | 19 | | violation of a federal,
State, or
local law or regulation | 20 | | pertaining to
one of the following 6 offenses at a | 21 | | railroad-highway grade crossing must be
disqualified
from | 22 | | operating a commercial motor vehicle for the period of time | 23 | | specified in
paragraph (2) of this subsection (j) if the | 24 | | offense was committed while
operating a commercial motor | 25 | | vehicle:
| 26 | | (i) For drivers who are not required to always |
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| 1 | | stop, failing to
slow down and check that the tracks | 2 | | are clear of an approaching train or railroad track | 3 | | equipment, as
described in subsection (a-5) of Section | 4 | | 11-1201 of this Code;
| 5 | | (ii) For drivers who are not required to always | 6 | | stop, failing to
stop before reaching the crossing, if | 7 | | the tracks are not clear, as described in
subsection | 8 | | (a) of Section 11-1201 of this Code;
| 9 | | (iii) For drivers who are always required to stop, | 10 | | failing to stop
before driving onto the crossing, as | 11 | | described in Section 11-1202 of this Code;
| 12 | | (iv) For all drivers, failing to have sufficient | 13 | | space to drive
completely through the crossing without | 14 | | stopping, as described in subsection
(b) of Section | 15 | | 11-1425 of this Code;
| 16 | | (v) For all drivers, failing to obey a traffic | 17 | | control device or
the directions of an enforcement | 18 | | official at the crossing, as described in
subdivision | 19 | | (a)2 of Section 11-1201 of this Code;
| 20 | | (vi) For all drivers, failing to negotiate a | 21 | | crossing because of
insufficient undercarriage | 22 | | clearance, as described in subsection (d-1) of
Section | 23 | | 11-1201 of this Code.
| 24 | | (2) Duration of disqualification for railroad-highway | 25 | | grade
crossing violation.
| 26 | | (i) First violation. A driver must be disqualified |
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| 1 | | from operating a
commercial motor vehicle
for not less | 2 | | than 60 days if the driver is convicted of a violation | 3 | | described
in paragraph
(1) of this subsection (j) and, | 4 | | in the three-year period preceding the
conviction, the | 5 | | driver
had no convictions for a violation described in | 6 | | paragraph (1) of this
subsection (j).
| 7 | | (ii) Second violation. A driver must be | 8 | | disqualified from operating a
commercial
motor vehicle
| 9 | | for not less
than 120 days if the driver is convicted
| 10 | | of a violation described in paragraph (1) of this | 11 | | subsection (j) and, in the
three-year
period preceding | 12 | | the conviction, the driver had one other conviction for | 13 | | a
violation
described in paragraph (1) of this | 14 | | subsection (j) that was committed in a
separate
| 15 | | incident.
| 16 | | (iii) Third or subsequent violation. A driver must | 17 | | be disqualified from
operating a
commercial motor | 18 | | vehicle
for not less than one year if the driver is | 19 | | convicted
of a violation described in paragraph (1) of | 20 | | this subsection (j) and, in the
three-year
period | 21 | | preceding the conviction, the driver had 2 or more | 22 | | other convictions for
violations
described in | 23 | | paragraph (1) of this subsection (j) that were | 24 | | committed in
separate incidents.
| 25 | | (k) Upon notification of a disqualification of a driver's | 26 | | commercial motor vehicle privileges imposed by the U.S. |
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| 1 | | Department of Transportation, Federal Motor Carrier Safety | 2 | | Administration, in accordance with 49 C.F.R. 383.52, the | 3 | | Secretary of State shall immediately record to the driving | 4 | | record the notice of disqualification and confirm to the driver | 5 | | the action that has been taken.
| 6 | | (l) A foreign commercial driver is subject to | 7 | | disqualification under this Section. | 8 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | 9 | | 98-122, eff. 1-1-14; 98-722, eff. 7-16-14; 98-756, eff. | 10 | | 7-16-14.) | 11 | | (Text of Section after amendment by P.A. 98-176 )
| 12 | | Sec. 6-514. Commercial driver's license (CDL); commercial | 13 | | learner's permit (CLP); disqualifications.
| 14 | | (a) A person shall be disqualified from driving a | 15 | | commercial motor
vehicle for a period of not less than 12 | 16 | | months for the first violation of:
| 17 | | (1) Refusing to submit to or failure to complete a test | 18 | | or tests to determine the driver's blood concentration of | 19 | | alcohol, other drug, or both
while driving a commercial | 20 | | motor vehicle or, if the driver is a CLP or CDL holder, | 21 | | while driving a non-CMV; or
| 22 | | (2) Operating a commercial motor vehicle while the | 23 | | alcohol
concentration of the person's blood, breath , | 24 | | saliva, or urine is at least 0.04, or any
amount of a drug, | 25 | | substance, or compound in the person's blood , saliva, 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 | 4 | | Act, or methamphetamine as listed in the Methamphetamine | 5 | | Control and Community Protection Act as indicated by a | 6 | | police officer's sworn report or
other verified evidence; | 7 | | or operating a non-commercial motor vehicle while the | 8 | | alcohol concentration of the person's blood, breath, | 9 | | saliva, or urine was above the legal limit defined in | 10 | | Section 11-501.1 or 11-501.8 or any amount of a drug, | 11 | | substance, or compound in the person's blood , saliva, or | 12 | | urine resulting from the unlawful use or consumption of | 13 | | cannabis listed in the Cannabis Control Act, a controlled | 14 | | substance listed in the Illinois Controlled Substances | 15 | | Act, or methamphetamine as listed in the Methamphetamine | 16 | | Control and Community Protection Act
as indicated by a | 17 | | police officer's sworn report or other verified evidence | 18 | | while holding a CLP or CDL; or
| 19 | | (3) Conviction for a first violation of:
| 20 | | (i) Driving a commercial motor vehicle or, if the | 21 | | driver is a CLP or CDL holder, driving a non-CMV while | 22 | | under the influence of
alcohol, or any other drug, or | 23 | | combination of drugs to a degree which
renders such | 24 | | person incapable of safely driving; or
| 25 | | (ii) Knowingly leaving the scene of an accident | 26 | | while
operating a commercial motor vehicle or, if the |
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| 1 | | driver is a CLP or CDL holder, while driving a non-CMV; | 2 | | or
| 3 | | (iii) Driving a commercial motor vehicle or, if the | 4 | | driver is a CLP or CDL holder, driving a non-CMV while | 5 | | committing any felony; or | 6 | | (iv) Driving a commercial motor vehicle while the | 7 | | person's driving privileges or driver's license or | 8 | | permit is revoked, suspended, or cancelled or the | 9 | | driver is disqualified from operating a commercial | 10 | | motor vehicle; or | 11 | | (v) Causing a fatality through the negligent | 12 | | operation of a commercial motor vehicle, including but | 13 | | not limited to the crimes of motor vehicle | 14 | | manslaughter, homicide by a motor vehicle, and | 15 | | negligent homicide. | 16 | | As used in this subdivision (a)(3)(v), "motor | 17 | | vehicle manslaughter" means the offense of involuntary | 18 | | manslaughter if committed by means of a vehicle; | 19 | | "homicide by a motor vehicle" means the offense of | 20 | | first degree murder or second degree murder, if either | 21 | | offense is committed by means of a vehicle; and | 22 | | "negligent homicide" means reckless homicide under | 23 | | Section 9-3 of the Criminal Code of 1961 or the | 24 | | Criminal Code of 2012 and aggravated driving under the | 25 | | influence of alcohol, other drug or drugs, | 26 | | intoxicating compound or compounds, or any combination |
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| 1 | | thereof under subdivision (d)(1)(F) of Section 11-501 | 2 | | of this Code.
| 3 | | If any of the above violations or refusals occurred | 4 | | while
transporting hazardous material(s) required to be | 5 | | placarded, the person
shall be disqualified for a period of | 6 | | not less than 3 years; or
| 7 | | (4) (Blank). | 8 | | (b) A person is disqualified for life for a second | 9 | | conviction of any of
the offenses specified in paragraph (a), | 10 | | or any combination of those
offenses, arising from 2 or more | 11 | | separate incidents.
| 12 | | (c) A person is disqualified from driving a commercial | 13 | | motor vehicle for
life if the person either (i) uses a | 14 | | commercial motor vehicle in the commission of any felony
| 15 | | involving the manufacture, distribution, or dispensing of a | 16 | | controlled
substance, or possession with intent to | 17 | | manufacture, distribute or dispense
a controlled substance or | 18 | | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the | 19 | | commission of a felony involving any of those activities.
| 20 | | (d) The Secretary of State may, when the United States | 21 | | Secretary of
Transportation so authorizes, issue regulations | 22 | | in which a disqualification
for life under paragraph (b) may be | 23 | | reduced to a period of not less than 10
years.
If a reinstated | 24 | | driver is subsequently convicted of another disqualifying
| 25 | | offense, as specified in subsection (a) of this Section, he or | 26 | | she shall be
permanently disqualified for life and shall be |
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| 1 | | ineligible to again apply for a
reduction of the lifetime | 2 | | disqualification.
| 3 | | (e) A person is disqualified from driving a commercial | 4 | | motor vehicle for
a period of not less than 2 months if | 5 | | convicted of 2 serious traffic
violations, committed in a | 6 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, | 7 | | or any combination thereof, arising from separate
incidents, | 8 | | occurring within a 3 year period, provided the serious traffic | 9 | | violation committed in a non-CMV would result in the suspension | 10 | | or revocation of the CLP or CDL holder's non-CMV privileges. | 11 | | However, a person will be
disqualified from driving a | 12 | | commercial motor vehicle for a period of not less
than 4 months | 13 | | if convicted of 3 serious traffic violations, committed in a
| 14 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, | 15 | | or any combination thereof, arising from separate incidents, | 16 | | occurring within a 3
year period, provided the serious traffic | 17 | | violation committed in a non-CMV would result in the suspension | 18 | | or revocation of the CLP or CDL holder's non-CMV privileges. If | 19 | | all the convictions occurred in a non-CMV, the disqualification | 20 | | shall be entered only if the convictions would result in the | 21 | | suspension or revocation of the CLP or CDL holder's non-CMV | 22 | | privileges.
| 23 | | (e-1) (Blank).
| 24 | | (f) Notwithstanding any other provision of this Code, any | 25 | | driver
disqualified from operating a commercial motor vehicle, | 26 | | pursuant to this
UCDLA, shall not be eligible for restoration |
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| 1 | | of commercial driving
privileges during any such period of | 2 | | disqualification.
| 3 | | (g) After suspending, revoking, or cancelling a CLP or CDL, | 4 | | the Secretary of State must update the driver's records to | 5 | | reflect
such action within 10 days. After suspending or | 6 | | revoking the driving privilege
of any person who has been | 7 | | issued a CLP or CDL from another jurisdiction, the Secretary | 8 | | shall originate notification to
such issuing jurisdiction | 9 | | within 10 days.
| 10 | | (h) The "disqualifications" referred to in this Section | 11 | | shall not be
imposed upon any commercial motor vehicle driver, | 12 | | by the Secretary of
State, unless the prohibited action(s) | 13 | | occurred after March 31, 1992.
| 14 | | (i) A person is disqualified from driving a commercial | 15 | | motor vehicle in
accordance with the following:
| 16 | | (1) For 6 months upon a first conviction of paragraph | 17 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | 18 | | of this Code.
| 19 | | (2) For 2 years upon a second conviction of paragraph | 20 | | (2) of subsection
(b) or subsection (b-3) or any | 21 | | combination of paragraphs (2) or (3) of subsection (b) or | 22 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 23 | | within a 10-year period if the second conviction is a | 24 | | violation of paragraph (2) of subsection (b) or subsection | 25 | | (b-3).
| 26 | | (3) For 3 years upon a third or subsequent conviction |
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| 1 | | of paragraph (2) of
subsection (b) or subsection (b-3) or | 2 | | any combination of paragraphs (2) or (3) of subsection (b) | 3 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 4 | | within a 10-year period if the third or subsequent | 5 | | conviction is a violation of paragraph (2) of subsection | 6 | | (b) or subsection (b-3).
| 7 | | (4) For one year upon a first conviction of paragraph | 8 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | 9 | | of this Code.
| 10 | | (5) For 3 years upon a second conviction of paragraph | 11 | | (3) of subsection
(b) or subsection (b-5) or any | 12 | | combination of paragraphs (2) or (3) of subsection (b) or | 13 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 14 | | within a 10-year period if the second conviction is a | 15 | | violation of paragraph (3) of subsection (b) or (b-5).
| 16 | | (6) For 5 years upon a third or subsequent conviction | 17 | | of paragraph (3) of
subsection (b) or subsection (b-5) or | 18 | | any combination of paragraphs (2) or (3) of subsection (b) | 19 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 20 | | within a 10-year period if the third or subsequent | 21 | | conviction is a violation of paragraph (3) of subsection | 22 | | (b) or (b-5).
| 23 | | (j) Disqualification for railroad-highway grade crossing
| 24 | | violation.
| 25 | | (1) General rule. A driver who is convicted of a | 26 | | violation of a federal,
State, or
local law or regulation |
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| 1 | | pertaining to
one of the following 6 offenses at a | 2 | | railroad-highway grade crossing must be
disqualified
from | 3 | | operating a commercial motor vehicle for the period of time | 4 | | specified in
paragraph (2) of this subsection (j) if the | 5 | | offense was committed while
operating a commercial motor | 6 | | vehicle:
| 7 | | (i) For drivers who are not required to always | 8 | | stop, failing to
slow down and check that the tracks | 9 | | are clear of an approaching train or railroad track | 10 | | equipment, as
described in subsection (a-5) of Section | 11 | | 11-1201 of this Code;
| 12 | | (ii) For drivers who are not required to always | 13 | | stop, failing to
stop before reaching the crossing, if | 14 | | the tracks are not clear, as described in
subsection | 15 | | (a) of Section 11-1201 of this Code;
| 16 | | (iii) For drivers who are always required to stop, | 17 | | failing to stop
before driving onto the crossing, as | 18 | | described in Section 11-1202 of this Code;
| 19 | | (iv) For all drivers, failing to have sufficient | 20 | | space to drive
completely through the crossing without | 21 | | stopping, as described in subsection
(b) of Section | 22 | | 11-1425 of this Code;
| 23 | | (v) For all drivers, failing to obey a traffic | 24 | | control device or
the directions of an enforcement | 25 | | official at the crossing, as described in
subdivision | 26 | | (a)2 of Section 11-1201 of this Code;
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| 1 | | (vi) For all drivers, failing to negotiate a | 2 | | crossing because of
insufficient undercarriage | 3 | | clearance, as described in subsection (d-1) of
Section | 4 | | 11-1201 of this Code.
| 5 | | (2) Duration of disqualification for railroad-highway | 6 | | grade
crossing violation.
| 7 | | (i) First violation. A driver must be disqualified | 8 | | from operating a
commercial motor vehicle
for not less | 9 | | than 60 days if the driver is convicted of a violation | 10 | | described
in paragraph
(1) of this subsection (j) and, | 11 | | in the three-year period preceding the
conviction, the | 12 | | driver
had no convictions for a violation described in | 13 | | paragraph (1) of this
subsection (j).
| 14 | | (ii) Second violation. A driver must be | 15 | | disqualified from operating a
commercial
motor vehicle
| 16 | | for not less
than 120 days if the driver is convicted
| 17 | | of a violation described in paragraph (1) of this | 18 | | subsection (j) and, in the
three-year
period preceding | 19 | | the conviction, the driver had one other conviction for | 20 | | a
violation
described in paragraph (1) of this | 21 | | subsection (j) that was committed in a
separate
| 22 | | incident.
| 23 | | (iii) Third or subsequent violation. A driver must | 24 | | be disqualified from
operating a
commercial motor | 25 | | vehicle
for not less than one year if the driver is | 26 | | convicted
of a violation described in paragraph (1) of |
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| 1 | | this subsection (j) and, in the
three-year
period | 2 | | preceding the conviction, the driver had 2 or more | 3 | | other convictions for
violations
described in | 4 | | paragraph (1) of this subsection (j) that were | 5 | | committed in
separate incidents.
| 6 | | (k) Upon notification of a disqualification of a driver's | 7 | | commercial motor vehicle privileges imposed by the U.S. | 8 | | Department of Transportation, Federal Motor Carrier Safety | 9 | | Administration, in accordance with 49 C.F.R. 383.52, the | 10 | | Secretary of State shall immediately record to the driving | 11 | | record the notice of disqualification and confirm to the driver | 12 | | the action that has been taken.
| 13 | | (l) A foreign commercial driver is subject to | 14 | | disqualification under this Section. | 15 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | 16 | | 98-122, eff. 1-1-14; 98-176, eff. 7-8-15 (see Section 10 of | 17 | | P.A. 98-722 for the effective date of changes made by P.A. | 18 | | 98-176); 98-722, eff. 7-16-14; 98-756, eff. 7-16-14; 98-1172, | 19 | | eff. 1-12-15.)
| 20 | | (625 ILCS 5/6-516) (from Ch. 95 1/2, par. 6-516)
| 21 | | Sec. 6-516. Implied consent requirements for commercial | 22 | | motor vehicle
drivers. | 23 | | (a) Effective April 1, 1992, any person who drives a | 24 | | commercial motor
vehicle upon the highways is hereby deemed to | 25 | | have given consent to submit
to a test or tests, subject to the |
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| 1 | | provisions of Section 11-501.2 of this Code,
of such person's | 2 | | breath, blood , saliva, or urine for the purpose of determining | 3 | | the
presence of alcohol, or other drugs, in such person's | 4 | | system.
| 5 | | (b) A test or tests may be administered at the direction of | 6 | | a law
enforcement officer, who after stopping or detaining the | 7 | | commercial motor
vehicle driver, has probable cause to believe | 8 | | that driver was driving a
commercial motor vehicle while having | 9 | | alcohol or any amount of a drug,
substance, or compound | 10 | | resulting from the unlawful use or consumption of
cannabis | 11 | | listed in the Cannabis Control Act, a controlled substance | 12 | | listed in
the Illinois Controlled Substances Act, or | 13 | | methamphetamine as listed in the Methamphetamine Control and | 14 | | Community Protection Act in such driver's system.
| 15 | | (c) Effective April 1, 1992, any person who operates a | 16 | | school bus at
the time of an accident involving the school bus | 17 | | is hereby deemed to have
given consent to submit to a test or | 18 | | tests to be administered at the
direction of a law enforcement | 19 | | officer, subject to the provisions of
Section 11-501.2 of this | 20 | | Code, of the driver's breath, blood , saliva, or urine for
the | 21 | | purpose of determining the presence of alcohol, or other drugs, | 22 | | in the
person's system.
| 23 | | (Source: P.A. 95-355, eff. 1-1-08.)
| 24 | | (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
| 25 | | Sec. 6-517. Commercial driver; implied consent warnings.
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| 1 | | (a) Any person driving a commercial motor vehicle who is
| 2 | | requested by a police officer, pursuant to Section 6-516, to | 3 | | submit to a
chemical test or tests to determine the alcohol | 4 | | concentration
or any amount of a drug, substance, or compound | 5 | | resulting from the unlawful
use or consumption of cannabis | 6 | | listed in the Cannabis Control Act, a
controlled substance | 7 | | listed in the Illinois Controlled Substances Act, an | 8 | | intoxicating compound listed in the Use of Intoxicating | 9 | | Compounds Act, or methamphetamine as listed in the | 10 | | Methamphetamine Control and Community Protection Act
in such | 11 | | person's system, must be warned by the police officer
| 12 | | requesting the
test or tests that a refusal to submit to the | 13 | | test or tests will result in that
person being immediately | 14 | | placed out-of-service for a period of 24 hours and
being | 15 | | disqualified from operating a commercial motor vehicle for a | 16 | | period of
not less than 12 months; the person shall also be | 17 | | warned that if
such person
submits to testing which discloses | 18 | | an alcohol concentration of greater than
0.00 but less than | 19 | | 0.04 or any amount of a drug, substance, or compound in
such
| 20 | | person's blood , saliva, or urine resulting from the unlawful | 21 | | use or consumption of
cannabis listed in the Cannabis Control | 22 | | Act, a controlled substance listed in
the Illinois Controlled | 23 | | Substances Act, an intoxicating compound listed in the Use of | 24 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 25 | | Methamphetamine Control and Community Protection Act, such | 26 | | person shall be
placed immediately
out-of-service for a period |
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| 1 | | of 24 hours; if the person submits to testing which
discloses | 2 | | an alcohol concentration of 0.04 or more or any amount of a | 3 | | drug,
substance, or compound in such person's blood , saliva, or | 4 | | urine resulting
from the
unlawful use or consumption of | 5 | | cannabis listed in the Cannabis Control Act, a
controlled | 6 | | substance listed in the Illinois Controlled Substances Act,
an | 7 | | intoxicating compound listed in the Use of Intoxicating | 8 | | Compounds Act, or methamphetamine as listed in the | 9 | | Methamphetamine Control and Community Protection Act, such
| 10 | | person shall be placed immediately out-of-service and | 11 | | disqualified from driving
a commercial motor vehicle for a | 12 | | period of at least 12 months; also the person
shall be warned | 13 | | that if such testing discloses an alcohol
concentration of | 14 | | 0.08, or more or any amount of a drug, substance,
or compound | 15 | | in such person's
blood , saliva, or urine resulting from the | 16 | | unlawful use or consumption of cannabis
listed in the Cannabis | 17 | | Control Act, a controlled substance listed in the
Illinois | 18 | | Controlled Substances Act, an intoxicating compound listed in | 19 | | the Use of Intoxicating Compounds Act, or methamphetamine as | 20 | | listed in the Methamphetamine Control and Community Protection | 21 | | Act, in addition to the person being immediately
placed | 22 | | out-of-service and disqualified for 12 months as provided in | 23 | | this UCDLA,
the results of such testing shall also be | 24 | | admissible in
prosecutions for
violations of Section 11-501 of | 25 | | this Code, or similar violations of local
ordinances, however, | 26 | | such results shall not be used to impose any
driving
sanctions |
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| 1 | | pursuant to Section 11-501.1 of this Code.
| 2 | | The person shall also be warned that any disqualification | 3 | | imposed pursuant
to this Section, shall be for life for any | 4 | | such offense or refusal,
or combination thereof; including a | 5 | | conviction for violating Section 11-501
while driving a | 6 | | commercial motor vehicle, or similar provisions of local
| 7 | | ordinances, committed a second time involving separate | 8 | | incidents.
| 9 | | (b) If the person refuses or fails to complete testing, or | 10 | | submits to a
test which discloses an alcohol concentration of | 11 | | at least 0.04,
or any amount of a drug, substance, or compound | 12 | | in such person's
blood , saliva, or
urine resulting from the | 13 | | unlawful use or consumption of cannabis listed in the
Cannabis | 14 | | Control Act, a controlled substance listed in the Illinois
| 15 | | Controlled Substances Act, an intoxicating compound listed in | 16 | | the Use of Intoxicating Compounds Act, or methamphetamine as | 17 | | listed in the Methamphetamine Control and Community Protection | 18 | | Act, the law enforcement officer must
submit a Sworn Report to | 19 | | the Secretary of State, in a form prescribed by
the Secretary, | 20 | | certifying that the test or tests was requested pursuant to
| 21 | | paragraph (a); that the person was warned, as provided in | 22 | | paragraph (a)
and that such person refused to submit to or | 23 | | failed to complete
testing, or
submitted to a test which | 24 | | disclosed an alcohol
concentration of 0.04 or more, or any | 25 | | amount of a drug, substance, or
compound in such person's | 26 | | blood , saliva, or urine resulting from the unlawful use or
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| 1 | | consumption of cannabis listed in the Cannabis Control Act, a | 2 | | 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.
| 6 | | (c) The police officer submitting the Sworn Report under | 7 | | this Section
shall serve notice of the CDL disqualification on | 8 | | the person and
such CDL
disqualification shall be effective as | 9 | | provided in paragraph (d). In cases
where the blood alcohol | 10 | | concentration of 0.04 or more,
or any amount of a drug, | 11 | | substance, or
compound in such person's blood , saliva, or urine | 12 | | resulting from the
unlawful use or
consumption of cannabis | 13 | | listed in the Cannabis Control Act, a controlled
substance | 14 | | listed in the Illinois Controlled Substances Act, an | 15 | | intoxicating compound listed in the Use of Intoxicating | 16 | | Compounds Act, or methamphetamine as listed in the | 17 | | Methamphetamine Control and Community Protection Act, is | 18 | | established by
subsequent analysis of blood , saliva, or urine | 19 | | collected at the time of the request,
the police officer shall | 20 | | give notice as provided in this Section or by
deposit in the | 21 | | United States mail of such notice as provided in
this
Section | 22 | | or by deposit in the United States mail of such notice in
an
| 23 | | envelope with postage prepaid and addressed to such person's
| 24 | | domiciliary
address as shown on the Sworn Report and the CDL | 25 | | disqualification shall
begin as provided in paragraph (d).
| 26 | | (d) The CDL disqualification referred to in this Section |
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| 1 | | shall take
effect on the 46th day following the date the Sworn | 2 | | Report was given to the
affected person.
| 3 | | (e) Upon receipt of the Sworn Report from the police | 4 | | officer, the
Secretary of State shall disqualify the person | 5 | | from driving any commercial
motor vehicle and shall confirm the | 6 | | CDL disqualification by mailing the
notice of the effective | 7 | | date to the person. However, should the Sworn
Report be | 8 | | defective by not containing sufficient information or be
| 9 | | completed in error, the confirmation of the CDL | 10 | | disqualification shall not
be mailed to the affected person or | 11 | | entered into the record, instead the
Sworn Report shall be | 12 | | forwarded to the issuing
agency identifying any such defect.
| 13 | | (Source: P.A. 95-355, eff. 1-1-08.)
| 14 | | (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
| 15 | | Sec. 11-401. Motor vehicle accidents involving death or | 16 | | personal injuries.
| 17 | | (a) The driver of any vehicle involved in a motor vehicle | 18 | | accident
resulting in personal injury to or death of any person | 19 | | shall immediately stop
such vehicle at the scene of such | 20 | | accident, or as close thereto as possible
and shall then | 21 | | forthwith return to, and in every event shall remain at the
| 22 | | scene of the accident until the requirements of Section 11-403 | 23 | | have been
fulfilled. Every such stop shall be made without | 24 | | obstructing traffic more
than is necessary.
| 25 | | (b) Any person who has failed to stop or to comply with the
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| 1 | | requirements of paragraph (a) shall, as soon as possible but in | 2 | | no case
later than one-half hour after such motor
vehicle | 3 | | accident, or, if hospitalized and incapacitated from reporting | 4 | | at any
time during such period, as soon as possible but in no | 5 | | case later than one-half
hour
after
being discharged from the
| 6 | | hospital, report the place of the accident, the date, the | 7 | | approximate time,
the
driver's name and address, the | 8 | | registration number of the vehicle
driven, and the names of all | 9 | | other occupants of
such vehicle, at a police station or | 10 | | sheriff's office near the place where
such accident occurred. | 11 | | No report made as required under this paragraph shall be used,
| 12 | | directly or indirectly, as a basis for the prosecution of any
| 13 | | violation of paragraph (a).
| 14 | | (b-1) Any person arrested for violating this Section is | 15 | | subject to chemical testing of his or her blood, breath, | 16 | | saliva, or urine for the presence of alcohol, other drug or | 17 | | drugs, intoxicating compound or compounds, or any combination | 18 | | thereof, as provided in Section 11-501.1, if the testing occurs | 19 | | within 12 hours of the time of the occurrence of the accident | 20 | | that led to his or her arrest. The person's driving privileges | 21 | | are subject to statutory summary suspension under Section | 22 | | 11-501.1 if he or she fails testing or statutory summary | 23 | | revocation under Section 11-501.1 if he or she refuses to | 24 | | undergo the testing.
| 25 | | For purposes of this Section, personal injury shall mean | 26 | | any injury
requiring immediate professional treatment in a |
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| 1 | | medical facility or
doctor's office.
| 2 | | (c) Any person failing to comply with paragraph (a) shall | 3 | | be guilty of a Class 4 felony.
| 4 | | (d) Any person failing to comply with paragraph (b) is
| 5 | | guilty
of
a Class 2 felony if the
motor vehicle accident does | 6 | | not result in the death of any person.
Any person failing to | 7 | | comply with paragraph (b)
when the accident results in the | 8 | | death of
any person is guilty of a Class 1
felony.
| 9 | | (e) The Secretary of State shall revoke the driving | 10 | | privilege of any person
convicted of a violation of this | 11 | | Section.
| 12 | | (Source: P.A. 95-347, eff. 1-1-08; 96-1344, eff. 7-1-11 .)
| 13 | | (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
| 14 | | Sec. 11-500. Definitions. For the purposes of interpreting | 15 | | Sections
6-206.1 and 6-208.1 of this Code, "first offender" | 16 | | shall mean any person
who has not had a previous conviction or | 17 | | court assigned supervision for
violating Section 11-501, or a | 18 | | similar provision of a local ordinance,
or a conviction in any | 19 | | other state for a violation of driving while under
the | 20 | | influence or a similar offense where the cause of action is the | 21 | | same
or substantially similar to this Code or similar offenses | 22 | | committed on a military installation, or any person who has not | 23 | | had a driver's license suspension pursuant to paragraph 6 of | 24 | | subsection (a) of Section 6-206 as the result of refusal of | 25 | | chemical testing in another state, or any
person who has not |
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| 1 | | had a driver's license
suspension or revocation for violating | 2 | | Section 11-501.1 within 5 years prior to the date of
the
| 3 | | current offense, except in cases where the driver submitted to
| 4 | | chemical testing resulting in an alcohol concentration of 0.08 | 5 | | or
more,
or any amount of a drug, substance, or compound in | 6 | | such person's blood , saliva, or
urine resulting from the | 7 | | unlawful use or consumption of cannabis listed in
the Cannabis | 8 | | Control Act, a controlled substance listed in the
Illinois
| 9 | | Controlled Substances Act, or an intoxicating compound listed | 10 | | in the Use
of
Intoxicating Compounds Act, or methamphetamine as | 11 | | listed in the Methamphetamine Control and Community Protection | 12 | | Act and
was subsequently found not guilty of violating Section | 13 | | 11-501, or a similar
provision of a local ordinance. | 14 | | (Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09; | 15 | | 96-1344, eff. 7-1-11 .)
| 16 | | (625 ILCS 5/11-500.1)
| 17 | | Sec. 11-500.1. Immunity.
| 18 | | (a) A person authorized under this Article to withdraw | 19 | | blood or collect
saliva or urine shall not be civilly liable | 20 | | for damages when the person, in good faith,
withdraws blood or | 21 | | collects saliva or urine for evidentiary purposes under this | 22 | | Code,
upon the request of a law enforcement officer, unless the | 23 | | act is performed in a
willful and wanton manner.
| 24 | | (b) As used in this Section, "willful and wanton manner" | 25 | | means a course of
action that shows an actual or deliberate |
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| 1 | | intention to cause harm or which, if
not intentional, shows an | 2 | | utter indifference to or conscious disregard for the
health or | 3 | | safety of another.
| 4 | | (Source: P.A. 89-689, eff. 12-31-96.)
| 5 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 6 | | Sec. 11-501. Driving while under the influence of alcohol, | 7 | | other drug or drugs, intoxicating compound or compounds or any | 8 | | combination thereof.
| 9 | | (a) A person shall not drive or be in actual physical | 10 | | control of any vehicle within this State while: | 11 | | (1) the alcohol concentration in the person's blood , | 12 | | saliva, or breath is 0.08 or more based on the definition | 13 | | of blood and breath units in Section 11-501.2; | 14 | | (2) under the influence of alcohol; | 15 | | (3) under the influence of any intoxicating compound or | 16 | | combination of intoxicating compounds to a degree that | 17 | | renders the person incapable of driving safely; | 18 | | (4) under the influence of any other drug or | 19 | | combination of drugs to a degree that renders the person | 20 | | incapable of safely driving; | 21 | | (5) under the combined influence of alcohol, other drug | 22 | | or drugs, or intoxicating compound or compounds to a degree | 23 | | that renders the person incapable of safely driving; or | 24 | | (6) there is any amount of a drug, substance, or | 25 | | compound in the person's breath, blood, saliva, or urine |
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| 1 | | resulting from the unlawful use or consumption of cannabis | 2 | | listed in 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.
| 7 | | Subject to all other requirements and provisions under this | 8 | | Section, this paragraph (6) does not apply to the lawful | 9 | | consumption of cannabis by a qualifying patient licensed | 10 | | under the Compassionate Use of Medical Cannabis Pilot | 11 | | Program Act who is in possession of a valid registry card | 12 | | issued under that Act, unless that person is impaired by | 13 | | the use of cannabis. | 14 | | (b) The fact that any person charged with violating this | 15 | | Section is or has been legally entitled to use alcohol, | 16 | | cannabis under the Compassionate Use of Medical Cannabis Pilot | 17 | | Program Act, other drug or drugs, or intoxicating compound or | 18 | | compounds, or any combination thereof, shall not constitute a | 19 | | defense against any charge of violating this Section. | 20 | | (c) Penalties. | 21 | | (1) Except as otherwise provided in this Section, any | 22 | | person convicted of violating subsection (a) of this | 23 | | Section is guilty of a Class A misdemeanor. | 24 | | (2) A person who violates subsection (a) or a similar | 25 | | provision a second time shall be sentenced to a mandatory | 26 | | minimum term of either 5 days of imprisonment or 240 hours |
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| 1 | | of community service in addition to any other criminal or | 2 | | administrative sanction. | 3 | | (3) A person who violates subsection (a) is subject to | 4 | | 6 months of imprisonment, an additional mandatory minimum | 5 | | fine of $1,000, and 25 days of community service in a | 6 | | program benefiting children if the person was transporting | 7 | | a person under the age of 16 at the time of the violation. | 8 | | (4) A person who violates subsection (a) a first time, | 9 | | if the alcohol concentration in his or her blood, breath, | 10 | | saliva, or urine was 0.16 or more based on the definition | 11 | | of blood, breath, saliva, or urine units in Section | 12 | | 11-501.2, shall be subject, in addition to any other | 13 | | penalty that may be imposed, to a mandatory minimum of 100 | 14 | | hours of community service and a mandatory minimum fine of | 15 | | $500. | 16 | | (5) A person who violates subsection (a) a second time, | 17 | | if at the time of the second violation the alcohol | 18 | | concentration in his or her blood, breath, saliva, or urine | 19 | | was 0.16 or more based on the definition of blood, breath, | 20 | | saliva, or urine units in Section 11-501.2, shall be | 21 | | subject, in addition to any other penalty that may be | 22 | | imposed, to a mandatory minimum of 2 days of imprisonment | 23 | | and a mandatory minimum fine of $1,250. | 24 | | (d) Aggravated driving under the influence of alcohol, | 25 | | other drug or drugs, or intoxicating compound or compounds, or | 26 | | any combination thereof.
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| 1 | | (1) Every person convicted of committing a violation of | 2 | | this Section shall be guilty of aggravated driving under | 3 | | the influence of alcohol, other drug or drugs, or | 4 | | intoxicating compound or compounds, or any combination | 5 | | thereof if: | 6 | | (A) the person committed a violation of subsection | 7 | | (a) or a similar provision for the third or subsequent | 8 | | time; | 9 | | (B) the person committed a violation of subsection | 10 | | (a) while driving a school bus with one or more | 11 | | passengers on board; | 12 | | (C) the person in committing a violation of | 13 | | subsection (a) was involved in a motor vehicle accident | 14 | | that resulted in great bodily harm or permanent | 15 | | disability or disfigurement to another, when the | 16 | | violation was a proximate cause of the injuries; | 17 | | (D) the person committed a violation of subsection | 18 | | (a) and has been previously convicted of violating | 19 | | Section 9-3 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012 or a similar provision of a law | 21 | | of another state relating to reckless homicide in which | 22 | | the person was determined to have been under the | 23 | | influence of alcohol, other drug or drugs, or | 24 | | intoxicating compound or compounds as an element of the | 25 | | offense or the person has previously been convicted | 26 | | under subparagraph (C) or subparagraph (F) of this |
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| 1 | | paragraph (1); | 2 | | (E) the person, in committing a violation of | 3 | | subsection (a) while driving at any speed in a school | 4 | | speed zone at a time when a speed limit of 20 miles per | 5 | | hour was in effect under subsection (a) of Section | 6 | | 11-605 of this Code, was involved in a motor vehicle | 7 | | accident that resulted in bodily harm, other than great | 8 | | bodily harm or permanent disability or disfigurement, | 9 | | to another person, when the violation of subsection (a) | 10 | | was a proximate cause of the bodily harm; | 11 | | (F) the person, in committing a violation of | 12 | | subsection (a), was involved in a motor vehicle, | 13 | | snowmobile, all-terrain vehicle, or watercraft | 14 | | accident that resulted in the death of another person, | 15 | | when the violation of subsection (a) was a proximate | 16 | | cause of the death; | 17 | | (G) the person committed a violation of subsection | 18 | | (a) during a period in which the defendant's driving | 19 | | privileges are revoked or suspended, where the | 20 | | revocation or suspension was for a violation of | 21 | | subsection (a) or a similar provision, Section | 22 | | 11-501.1, paragraph (b) of Section 11-401, or for | 23 | | reckless homicide as defined in Section 9-3 of the | 24 | | Criminal Code of 1961 or the Criminal Code of 2012; | 25 | | (H) the person committed the violation while he or | 26 | | she did not possess a driver's license or permit or a |
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| 1 | | restricted driving permit or a judicial driving permit | 2 | | or a monitoring device driving permit; | 3 | | (I) the person committed the violation while he or | 4 | | she knew or should have known that the vehicle he or | 5 | | she was driving was not covered by a liability | 6 | | insurance policy; | 7 | | (J) the person in committing a violation of | 8 | | subsection (a) was involved in a motor vehicle accident | 9 | | that resulted in bodily harm, but not great bodily | 10 | | harm, to the child under the age of 16 being | 11 | | transported by the person, if the violation was the | 12 | | proximate cause of the injury; | 13 | | (K) the person in committing a second violation of | 14 | | subsection (a) or a similar provision was transporting | 15 | | a person under the age of 16; or | 16 | | (L) the person committed a violation of subsection | 17 | | (a) of this Section while transporting one or more | 18 | | passengers in a vehicle for-hire. | 19 | | (2)(A) Except as provided otherwise, a person | 20 | | convicted of aggravated driving under the influence of | 21 | | alcohol, other drug or drugs, or intoxicating compound or | 22 | | compounds, or any combination thereof is guilty of a Class | 23 | | 4 felony. | 24 | | (B) A third violation of this Section or a similar | 25 | | provision is a Class 2 felony. If at the time of the third | 26 | | violation the alcohol concentration in his or her blood, |
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| 1 | | breath, saliva, or urine was 0.16 or more based on the | 2 | | definition of blood, breath, saliva, or urine units in | 3 | | Section 11-501.2, a mandatory minimum of 90 days of | 4 | | imprisonment and a mandatory minimum fine of $2,500 shall | 5 | | be imposed in addition to any other criminal or | 6 | | administrative sanction. If at the time of the third | 7 | | violation, the defendant was transporting a person under | 8 | | the age of 16, a mandatory fine of $25,000 and 25 days of | 9 | | community service in a program benefiting children shall be | 10 | | imposed in addition to any other criminal or administrative | 11 | | sanction. | 12 | | (C) A fourth violation of this Section or a similar | 13 | | provision is a Class 2 felony, for which a sentence of | 14 | | probation or conditional discharge may not be imposed. If | 15 | | at the time of the violation, the alcohol concentration in | 16 | | the defendant's blood, breath, saliva, or urine was 0.16 or | 17 | | more based on the definition of blood, breath, saliva, or | 18 | | urine units in Section 11-501.2, a mandatory minimum fine | 19 | | of $5,000 shall be imposed in addition to any other | 20 | | criminal or administrative sanction. If at the time of the | 21 | | fourth violation, the defendant was transporting a person | 22 | | under the age of 16 a mandatory fine of $25,000 and 25 days | 23 | | of community service in a program benefiting children shall | 24 | | be imposed in addition to any other criminal or | 25 | | administrative sanction. | 26 | | (D) A fifth violation of this Section or a similar |
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| 1 | | provision is a Class 1 felony, for which a sentence of | 2 | | probation or conditional discharge may not be imposed. If | 3 | | at the time of the violation, the alcohol concentration in | 4 | | the defendant's blood, breath, saliva, or urine was 0.16 or | 5 | | more based on the definition of blood, breath, saliva, or | 6 | | urine units in Section 11-501.2, a mandatory minimum fine | 7 | | of $5,000 shall be imposed in addition to any other | 8 | | criminal or administrative sanction. If at the time of the | 9 | | fifth violation, the defendant was transporting a person | 10 | | under the age of 16, a mandatory fine of $25,000, and 25 | 11 | | days of community service in a program benefiting children | 12 | | shall be imposed in addition to any other criminal or | 13 | | administrative sanction. | 14 | | (E) A sixth or subsequent violation of this Section or | 15 | | similar provision is a Class X felony. If at the time of | 16 | | the violation, the alcohol concentration in the | 17 | | defendant's blood, breath, saliva, or urine was 0.16 or | 18 | | more based on the definition of blood, breath, saliva, or | 19 | | urine units in Section 11-501.2, a mandatory minimum fine | 20 | | of $5,000 shall be imposed in addition to any other | 21 | | criminal or administrative sanction. If at the time of the | 22 | | violation, the defendant was transporting a person under | 23 | | the age of 16, a mandatory fine of $25,000 and 25 days of | 24 | | community service in a program benefiting children shall be | 25 | | imposed in addition to any other criminal or administrative | 26 | | sanction. |
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| 1 | | (F) For a violation of subparagraph (C) of paragraph | 2 | | (1) of this subsection (d), the defendant, if sentenced to | 3 | | a term of imprisonment, shall be sentenced to not less than | 4 | | one year nor more than 12 years. | 5 | | (G) A violation of subparagraph (F) of paragraph (1) of | 6 | | this subsection (d) is a Class 2 felony, for which the | 7 | | defendant, unless the court determines that extraordinary | 8 | | circumstances exist and require probation, shall be | 9 | | sentenced to: (i) a term of imprisonment of not less than 3 | 10 | | years and not more than 14 years if the violation resulted | 11 | | in the death of one person; or (ii) a term of imprisonment | 12 | | of not less than 6 years and not more than 28 years if the | 13 | | violation resulted in the deaths of 2 or more persons. | 14 | | (H) For a violation of subparagraph (J) of paragraph | 15 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 16 | | 25 days of community service in a program benefiting | 17 | | children shall be imposed in addition to any other criminal | 18 | | or administrative sanction. | 19 | | (I) A violation of subparagraph (K) of paragraph (1) of | 20 | | this subsection (d), is a Class 2 felony and a mandatory | 21 | | fine of $2,500, and 25 days of community service in a | 22 | | program benefiting children shall be imposed in addition to | 23 | | any other criminal or administrative sanction. If the child | 24 | | being transported suffered bodily harm, but not great | 25 | | bodily harm, in a motor vehicle accident, and the violation | 26 | | was the proximate cause of that injury, a mandatory fine of |
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| 1 | | $5,000 and 25 days of community service in a program | 2 | | benefiting children shall be imposed in addition to any | 3 | | other criminal or administrative sanction. | 4 | | (J) A violation of subparagraph (D) of paragraph (1) of | 5 | | this subsection (d) is a Class 3 felony, for which a | 6 | | sentence of probation or conditional discharge may not be | 7 | | imposed. | 8 | | (3) Any person sentenced under this subsection (d) who | 9 | | receives a term of probation or conditional discharge must | 10 | | serve a minimum term of either 480 hours of community | 11 | | service or 10 days of imprisonment as a condition of the | 12 | | probation or conditional discharge in addition to any other | 13 | | criminal or administrative sanction. | 14 | | (e) Any reference to a prior violation of subsection (a) or | 15 | | a similar provision includes any violation of a provision of a | 16 | | local ordinance or a provision of a law of another state or an | 17 | | offense committed on a military installation that is similar to | 18 | | a violation of subsection (a) of this Section. | 19 | | (f) The imposition of a mandatory term of imprisonment or | 20 | | assignment of community service for a violation of this Section | 21 | | shall not be suspended or reduced by the court. | 22 | | (g) Any penalty imposed for driving with a license that has | 23 | | been revoked for a previous violation of subsection (a) of this | 24 | | Section shall be in addition to the penalty imposed for any | 25 | | subsequent violation of subsection (a). | 26 | | (h) For any prosecution under this Section, a certified |
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| 1 | | copy of the driving abstract of the defendant shall be admitted | 2 | | as proof of any prior conviction.
| 3 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; | 4 | | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14.)
| 5 | | (625 ILCS 5/11-501.1)
| 6 | | Sec. 11-501.1. Suspension of drivers license; statutory | 7 | | summary
alcohol, other drug or drugs, or intoxicating compound | 8 | | or
compounds related suspension or revocation; implied | 9 | | consent. | 10 | | (a) Any person who drives or is in actual physical control | 11 | | of a motor
vehicle upon the public highways of this State shall | 12 | | be deemed to have given
consent, subject to the provisions of | 13 | | Section 11-501.2, to a chemical test or
tests of blood, breath, | 14 | | saliva, or urine for the purpose of determining the content of
| 15 | | alcohol, other drug or drugs, or intoxicating compound or | 16 | | compounds or
any combination thereof in the person's blood if | 17 | | arrested,
as evidenced by the issuance of a Uniform Traffic | 18 | | Ticket, for any offense
as defined in Section 11-501 or a | 19 | | similar provision of a local ordinance, or if arrested for | 20 | | violating Section 11-401.
If a law enforcement officer has | 21 | | probable cause to believe the person was under the influence of | 22 | | alcohol, other drug or drugs, intoxicating compound or | 23 | | compounds, or any combination thereof, the law enforcement | 24 | | officer shall request a chemical test or tests which shall be | 25 | | administered at the direction of the arresting
officer. The law |
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| 1 | | enforcement agency employing the officer shall designate which
| 2 | | of the aforesaid tests shall be administered. A saliva or urine | 3 | | test may be administered
even after a blood or breath test or | 4 | | both has
been administered. For purposes of this Section, an | 5 | | Illinois law
enforcement officer of this State who is | 6 | | investigating the person for any
offense defined in Section | 7 | | 11-501 may travel into an adjoining state, where
the person has | 8 | | been transported for medical care, to complete an
investigation | 9 | | and to request that the person submit to the test or tests
set | 10 | | forth in this Section. The requirements of this Section that | 11 | | the
person be arrested are inapplicable, but the officer shall | 12 | | issue the person
a Uniform Traffic Ticket for an offense as | 13 | | defined in Section 11-501 or a
similar provision of a local | 14 | | ordinance prior to requesting that the person
submit to the | 15 | | test or tests. The issuance of the Uniform Traffic Ticket
shall | 16 | | not constitute an arrest, but shall be for the purpose of | 17 | | notifying
the person that he or she is subject to the | 18 | | provisions of this Section and
of the officer's belief of the | 19 | | existence of probable cause to
arrest. Upon returning to this | 20 | | State, the officer shall file the Uniform
Traffic Ticket with | 21 | | the Circuit Clerk of the county where the offense was
| 22 | | committed, and shall seek the issuance of an arrest warrant or | 23 | | a summons
for the person. | 24 | | (a-5) (Blank). | 25 | | (b) Any person who is dead, unconscious, or who is | 26 | | otherwise in a condition
rendering the person incapable of |
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| 1 | | refusal, shall be deemed not to have
withdrawn the consent | 2 | | provided by paragraph (a) of this Section and the test or
tests | 3 | | may be administered, subject to the provisions of Section | 4 | | 11-501.2. | 5 | | (c) A person requested to submit to a test as provided | 6 | | above shall
be warned by the law enforcement officer requesting | 7 | | the test that a
refusal to submit to the test will result in | 8 | | the statutory summary
suspension of the person's privilege to | 9 | | operate a motor vehicle, as provided
in Section 6-208.1 of this | 10 | | Code, and will also result in the disqualification of the | 11 | | person's privilege to operate a commercial motor vehicle, as | 12 | | provided in Section 6-514 of this Code, if the person is a CDL | 13 | | holder. The person shall also be warned that a refusal to | 14 | | submit to the test, when the person was involved in a motor | 15 | | vehicle accident that caused personal injury or death to | 16 | | another, will result in the statutory summary revocation of the | 17 | | person's privilege to operate a motor vehicle, as provided in | 18 | | Section 6-208.1, and will also result in the disqualification | 19 | | of the person's privilege to operate a commercial motor | 20 | | vehicle, as provided in Section 6-514 of this Code, if the | 21 | | person is a CDL holder. The person shall also be warned by the | 22 | | law
enforcement officer that if the person submits to the test | 23 | | or tests
provided in paragraph (a) of this Section and the | 24 | | alcohol concentration in
the person's blood , saliva, or breath | 25 | | is 0.08 or greater, or any amount of
a
drug, substance, or | 26 | | compound resulting from the unlawful use or consumption
of |
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| 1 | | cannabis as covered by the Cannabis Control Act, a controlled
| 2 | | substance
listed in the Illinois Controlled Substances Act, an | 3 | | intoxicating compound
listed in the Use of Intoxicating | 4 | | Compounds Act, or methamphetamine as listed in the | 5 | | Methamphetamine Control and Community Protection Act is | 6 | | detected in the person's
blood , saliva, or urine, a statutory | 7 | | summary suspension of the person's privilege to
operate a motor | 8 | | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| 9 | | Code, and a disqualification of
the person's privilege to | 10 | | operate a commercial motor vehicle, as provided in Section | 11 | | 6-514 of this Code, if the person is a CDL holder, will be | 12 | | imposed. | 13 | | A person who is under the age of 21 at the time the person | 14 | | is requested to
submit to a test as provided above shall, in | 15 | | addition to the warnings provided
for in this Section, be | 16 | | further warned by the law enforcement officer
requesting the | 17 | | test that if the person submits to the test or tests provided | 18 | | in
paragraph (a) of this Section and the alcohol concentration | 19 | | in the person's
blood , saliva, or breath is greater than 0.00 | 20 | | and less than 0.08, a
suspension of the
person's privilege to | 21 | | operate a motor vehicle, as provided under Sections
6-208.2 and | 22 | | 11-501.8 of this Code, will be imposed. The results of this | 23 | | test
shall be admissible in a civil or criminal action or | 24 | | proceeding arising from an
arrest for an offense as defined in | 25 | | Section 11-501 of this Code or a similar
provision of a local | 26 | | ordinance or pursuant to Section 11-501.4 in prosecutions
for |
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| 1 | | reckless homicide brought under the Criminal Code of 1961 or | 2 | | the Criminal Code of 2012. These test
results, however, shall | 3 | | be admissible only in actions or proceedings directly
related | 4 | | to the incident upon which the test request was made. | 5 | | (d) If the person refuses testing or submits to a test that | 6 | | discloses
an alcohol concentration of 0.08 or more, or any | 7 | | amount of a drug,
substance, or intoxicating compound in the | 8 | | person's breath, blood, saliva,
or urine resulting from the
| 9 | | unlawful use or consumption of cannabis listed in the Cannabis | 10 | | Control Act, a controlled substance listed in the Illinois | 11 | | Controlled Substances
Act, an intoxicating compound listed in | 12 | | the Use of Intoxicating Compounds
Act, or methamphetamine as | 13 | | listed in the Methamphetamine Control and Community Protection | 14 | | Act, the law enforcement officer shall immediately submit a | 15 | | sworn report to
the
circuit court of venue and the Secretary of | 16 | | State, certifying that the test or
tests was or were requested | 17 | | under paragraph (a) and the person refused to
submit to a test, | 18 | | or tests, or submitted to testing that disclosed an alcohol
| 19 | | concentration of 0.08 or more. | 20 | | (e) Upon receipt of the sworn report of a law enforcement | 21 | | officer
submitted under paragraph (d), the Secretary of State | 22 | | shall enter the
statutory summary suspension or revocation and | 23 | | disqualification for the periods specified in Sections
6-208.1 | 24 | | and 6-514, respectively,
and effective as provided in paragraph | 25 | | (g). | 26 | | If the person is a first offender as defined in Section |
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| 1 | | 11-500 of this
Code, and is not convicted of a violation of | 2 | | Section 11-501
of this Code or a similar provision of a local | 3 | | ordinance, then reports
received by the Secretary of State | 4 | | under this Section shall, except during
the actual time the | 5 | | Statutory Summary Suspension is in effect, be
privileged | 6 | | information and for use only by the courts, police officers,
| 7 | | prosecuting authorities or the Secretary of State, unless the | 8 | | person is a CDL holder, is operating a commercial motor vehicle | 9 | | or vehicle required to be placarded for hazardous materials, in | 10 | | which case the suspension shall not be privileged. Reports | 11 | | received by the Secretary of State under this Section shall | 12 | | also be made available to the parent or guardian of a person | 13 | | under the age of 18 years that holds an instruction permit or a | 14 | | graduated driver's license, regardless of whether the | 15 | | statutory summary suspension is in effect. A statutory summary | 16 | | revocation shall not be privileged information. | 17 | | (f) The law enforcement officer submitting the sworn report | 18 | | under paragraph
(d) shall serve immediate notice of the | 19 | | statutory summary suspension or revocation on the
person and | 20 | | the suspension or revocation and disqualification shall be | 21 | | effective as provided in paragraph (g). | 22 | | (1) In
cases where the blood alcohol concentration of | 23 | | 0.08 or greater or
any amount of
a drug, substance, or | 24 | | compound resulting from the unlawful use or consumption
of | 25 | | cannabis as covered by the Cannabis Control Act, a | 26 | | controlled
substance
listed in the Illinois Controlled |
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| 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 is established by a
subsequent
analysis of | 5 | | blood , saliva, or urine collected at the time of arrest, | 6 | | the arresting
officer or arresting agency shall give notice | 7 | | as provided in this Section or by
deposit in the United | 8 | | States mail of the notice in an envelope with postage
| 9 | | prepaid and addressed to the person at his address as shown | 10 | | on the Uniform
Traffic Ticket and the statutory summary | 11 | | suspension and disqualification shall begin as provided in
| 12 | | paragraph (g). The officer shall confiscate any Illinois | 13 | | driver's license or
permit on the person at the time of | 14 | | arrest. If the person has a valid driver's
license or | 15 | | permit, the officer shall issue the person a receipt, in
a | 16 | | form prescribed by the Secretary of State, that will allow | 17 | | that person
to drive during the periods provided for in | 18 | | paragraph (g). The officer
shall immediately forward the | 19 | | driver's license or permit to the circuit
court of venue | 20 | | along with the sworn report provided for in
paragraph (d). | 21 | | (2) (Blank). | 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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| 1 | | 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. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; | 24 | | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff. | 25 | | 1-12-15.)
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| 1 | | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| 2 | | Sec. 11-501.2. Chemical and other tests.
| 3 | | (a) Upon the trial of any civil or criminal action or | 4 | | proceeding arising out
of an arrest for an offense as defined | 5 | | in Section 11-501 or a similar local
ordinance or proceedings | 6 | | pursuant to Section 2-118.1, evidence of the
concentration of | 7 | | alcohol, other drug or drugs, or intoxicating compound or
| 8 | | compounds, or any combination thereof in a person's blood
or | 9 | | breath at the time alleged, as determined by analysis of the | 10 | | person's blood,
urine, breath , saliva, or other bodily | 11 | | substance, shall be admissible. Where such test
is made the | 12 | | following provisions shall apply:
| 13 | | 1. Chemical analyses of the person's blood, urine, | 14 | | breath , saliva, or other bodily
substance to be considered | 15 | | valid under the provisions of this Section shall
have been | 16 | | performed according to standards promulgated by the | 17 | | Department of State Police
by
a licensed physician, | 18 | | registered nurse, trained phlebotomist, licensed | 19 | | paramedic, or other individual
possessing a valid permit | 20 | | issued by that Department for
this purpose. The Director of | 21 | | State Police is authorized to approve satisfactory
| 22 | | techniques or methods, to ascertain the qualifications and | 23 | | competence of
individuals to conduct such analyses, to | 24 | | issue permits which shall be subject
to termination or | 25 | | revocation at the discretion of that Department and to
| 26 | | certify the accuracy of breath testing equipment. The |
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| 1 | | Department
of
State Police shall prescribe regulations as | 2 | | necessary to
implement this
Section.
| 3 | | 2. When a person in this State shall submit to a blood | 4 | | test at the request
of a law enforcement officer under the | 5 | | provisions of Section 11-501.1, only a
physician | 6 | | authorized to practice medicine, a licensed physician | 7 | | assistant, a licensed advanced practice nurse, a | 8 | | registered nurse, trained
phlebotomist, or licensed | 9 | | paramedic, or other
qualified person approved by the | 10 | | Department of State Police may withdraw blood
for the | 11 | | purpose of determining the alcohol, drug, or alcohol and | 12 | | drug content
therein. This limitation shall not apply to | 13 | | the taking of breath , saliva, or urine
specimens.
| 14 | | When a blood test of a person who has been taken to an | 15 | | adjoining state
for medical treatment is requested by an | 16 | | Illinois law enforcement officer,
the blood may be | 17 | | withdrawn only by a physician authorized to practice
| 18 | | medicine in the adjoining state, a licensed physician | 19 | | assistant, a licensed advanced practice nurse, a | 20 | | registered nurse, a trained
phlebotomist acting under the | 21 | | direction of the physician, or licensed
paramedic. The law
| 22 | | enforcement officer requesting the test shall take custody | 23 | | of the blood
sample, and the blood sample shall be analyzed | 24 | | by a laboratory certified by the
Department of State Police | 25 | | for that purpose.
| 26 | | 3. The person tested may have a physician, or a |
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| 1 | | qualified technician,
chemist, registered nurse, or other | 2 | | qualified person of their own choosing
administer a | 3 | | chemical test or tests in addition to any administered at | 4 | | the
direction of a law enforcement officer. The failure or | 5 | | inability to obtain
an additional test by a person shall | 6 | | not preclude the admission of evidence
relating to the test | 7 | | or tests taken at the direction of a law enforcement
| 8 | | officer.
| 9 | | 4. Upon the request of the person who shall submit to a | 10 | | chemical test
or tests at the request of a law enforcement | 11 | | officer, full information
concerning the test or tests | 12 | | shall be made available to the person or such
person's | 13 | | attorney.
| 14 | | 5. Alcohol concentration shall mean either grams of | 15 | | alcohol per 100
milliliters of blood or grams of alcohol | 16 | | per 210 liters of breath.
| 17 | | (a-5) Law enforcement officials may use standardized field | 18 | | sobriety tests approved by the National Highway Traffic Safety | 19 | | Administration when conducting investigations of a violation | 20 | | of Section 11-501 or similar local ordinance by drivers | 21 | | suspected of driving under the influence of cannabis. The | 22 | | General Assembly finds that standardized field sobriety tests | 23 | | approved by the National Highway Traffic Safety Administration | 24 | | are divided attention tasks that are intended to determine if a | 25 | | person is under the influence of cannabis. The purpose of these | 26 | | tests is to determine the effect of the use of cannabis on a |
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| 1 | | person's capacity to think and act with ordinary care and | 2 | | therefore operate a motor vehicle safely. Therefore, the | 3 | | results of these standardized field sobriety tests, | 4 | | appropriately administered, shall be admissible in the trial of | 5 | | any civil or criminal action or proceeding arising out of an | 6 | | arrest for a cannabis-related offense as defined in Section | 7 | | 11-501 or a similar local ordinance or proceedings under | 8 | | Section 2-118.1 or 2-118.2. Where a test is made the following | 9 | | provisions shall apply: | 10 | | 1. The person tested may have a physician, or a | 11 | | qualified technician, chemist, registered nurse, or other | 12 | | qualified person of their own choosing administer a | 13 | | chemical test or tests in addition to the standardized | 14 | | field sobriety test or tests administered at the direction | 15 | | of a law enforcement officer. The failure or inability to | 16 | | obtain an additional test by a person does not preclude the | 17 | | admission of evidence relating to the test or tests taken | 18 | | at the direction of a law enforcement officer. | 19 | | 2. Upon the request of the person who shall submit to a | 20 | | standardized field sobriety test or tests at the request of | 21 | | a law enforcement officer, full information concerning the | 22 | | test or tests shall be made available to the person or the | 23 | | person's attorney. | 24 | | 3. At the trial of any civil or criminal action or | 25 | | proceeding arising out of an arrest for an offense as | 26 | | defined in Section 11-501 or a similar local ordinance or |
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| 1 | | proceedings under Section 2-118.1 or 2-118.2 in which the | 2 | | results of these standardized field sobriety tests are | 3 | | admitted, the cardholder may present and the trier of fact | 4 | | may consider evidence that the card holder lacked the | 5 | | physical capacity to perform the standardized field | 6 | | sobriety tests. | 7 | | (b) Upon the trial of any civil or criminal action or | 8 | | proceeding arising
out of acts alleged to have been committed | 9 | | by any person while driving or
in actual physical control of a | 10 | | vehicle while under the influence of alcohol,
the concentration | 11 | | of alcohol in the person's blood or breath at the time
alleged | 12 | | as shown by analysis of the person's blood, urine, breath, | 13 | | saliva, or other
bodily substance shall give rise to the | 14 | | following presumptions:
| 15 | | 1. If there was at that time an alcohol concentration | 16 | | of 0.05 or less,
it shall be presumed that the person was | 17 | | not under the influence of alcohol.
| 18 | | 2. If there was at that time an alcohol concentration | 19 | | in excess of 0.05
but less than 0.08, such facts shall not | 20 | | give rise to any
presumption that
the person was or was not | 21 | | under the influence of alcohol, but such fact
may be | 22 | | considered with other competent evidence in determining | 23 | | whether the
person was under the influence of alcohol.
| 24 | | 3. If there was at that time an alcohol concentration | 25 | | of 0.08
or more,
it shall be presumed that the person was | 26 | | under the influence of alcohol.
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| 1 | | 4. The foregoing provisions of this Section shall not | 2 | | be construed as
limiting the introduction of any other | 3 | | relevant evidence bearing upon the
question whether the | 4 | | person was under the influence of alcohol.
| 5 | | (c) 1. If a person under arrest refuses to submit to a | 6 | | chemical test
under
the provisions of Section 11-501.1, | 7 | | evidence of refusal shall be admissible
in any civil or | 8 | | criminal action or proceeding arising out of acts alleged
to | 9 | | have been committed while the person under the influence of | 10 | | alcohol,
other drug or drugs, or intoxicating compound or | 11 | | compounds, or
any combination thereof was driving or in actual | 12 | | physical
control of a motor vehicle.
| 13 | | 2. Notwithstanding any ability to refuse under this Code to | 14 | | submit to
these tests or any ability to revoke the implied | 15 | | consent to these tests, if a
law enforcement officer has | 16 | | probable cause to believe that a motor vehicle
driven by or in | 17 | | actual physical control of a person under the influence of
| 18 | | alcohol, other drug or drugs, or intoxicating compound or
| 19 | | compounds,
or any combination thereof
has caused the death or
| 20 | | personal injury to another, the law enforcement officer shall | 21 | | request, and that person shall submit, upon the request of a | 22 | | law
enforcement officer, to a chemical test or tests of his or | 23 | | her blood, breath , saliva, or
urine for the purpose of
| 24 | | determining the alcohol content thereof or the presence of any | 25 | | other drug or
combination of both.
| 26 | | This provision does not affect the applicability of or |
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| 1 | | imposition of driver's
license sanctions under Section | 2 | | 11-501.1 of this Code.
| 3 | | 3. For purposes of this Section, a personal injury includes | 4 | | any Type A
injury as indicated on the traffic accident report | 5 | | completed by a law
enforcement officer that requires immediate | 6 | | professional attention in either a
doctor's office or a medical | 7 | | facility. A Type A injury includes severe
bleeding wounds, | 8 | | distorted extremities, and injuries that require the injured
| 9 | | party to be carried from the scene.
| 10 | | (d) If a person refuses standardized field sobriety tests | 11 | | under Section 11-501.9 of this Code, evidence of refusal shall | 12 | | be admissible in any civil or criminal action or proceeding | 13 | | arising out of acts committed while the person was driving or | 14 | | in actual physical control of a vehicle and alleged to have | 15 | | been impaired by the use of cannabis. | 16 | | (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; | 17 | | 97-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff. | 18 | | 8-15-14; 98-1172, eff. 1-12-15.)
| 19 | | (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
| 20 | | Sec. 11-501.4.
Admissibility of chemical tests of blood , | 21 | | saliva, or urine conducted in
the regular course of providing | 22 | | emergency medical treatment.
| 23 | | (a) Notwithstanding any other provision of law, the results | 24 | | of
blood , saliva, or urine tests performed for the purpose of | 25 | | determining the content of alcohol,
other drug or drugs, or |
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| 1 | | intoxicating compound or compounds, or any
combination | 2 | | thereof, of an individual's blood , saliva, or urine conducted | 3 | | upon persons
receiving
medical treatment in a hospital | 4 | | emergency room are admissible in evidence as a
business record | 5 | | exception to the hearsay rule only in prosecutions for any
| 6 | | violation of Section 11-501 of this Code or a similar provision | 7 | | of a local
ordinance, or in prosecutions for reckless homicide | 8 | | brought under the Criminal
Code of 1961 or the Criminal Code of | 9 | | 2012, when each of the following criteria are met:
| 10 | | (1) the chemical tests performed upon an individual's | 11 | | blood , saliva, or urine were ordered
in the
regular course | 12 | | of providing emergency medical treatment and not at the
| 13 | | request of law enforcement authorities;
| 14 | | (2) the chemical tests performed upon an individual's | 15 | | blood , saliva, or urine were performed
by the laboratory | 16 | | routinely used by the hospital; and
| 17 | | (3) results of chemical tests performed upon an | 18 | | individual's blood , saliva, or urine are
admissible into | 19 | | evidence regardless of the time that the records were
| 20 | | prepared.
| 21 | | (b) The confidentiality provisions of law pertaining to | 22 | | medical records
and medical treatment shall not be applicable | 23 | | with regard to chemical tests
performed upon an individual's | 24 | | blood , saliva, or urine under the provisions of this Section in
| 25 | | prosecutions as specified in subsection (a) of this Section. No | 26 | | person shall
be liable for civil damages as a result of the |
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| 1 | | evidentiary use of chemical
testing of an individual's blood , | 2 | | saliva, or urine test results under this Section, or as a
| 3 | | result of that person's testimony made available under this | 4 | | Section.
| 5 | | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| 6 | | (625 ILCS 5/11-501.4-1)
| 7 | | Sec. 11-501.4-1.
Reporting of test results of blood , | 8 | | saliva, or urine conducted in
the regular course of providing | 9 | | emergency medical treatment.
| 10 | | (a) Notwithstanding any other provision of law, the results | 11 | | of blood , saliva, or
urine
tests performed for the purpose of | 12 | | determining the content of alcohol, other
drug or drugs, or | 13 | | intoxicating compound or compounds, or any combination
| 14 | | thereof, in an individual's blood , saliva, or urine conducted | 15 | | upon persons
receiving medical treatment in a hospital | 16 | | emergency room for injuries resulting
from a motor vehicle | 17 | | accident shall be disclosed
to the Department
of State Police
| 18 | | or local law enforcement agencies of jurisdiction, upon | 19 | | request.
Such blood , saliva, or urine tests are admissible in | 20 | | evidence as a business record
exception to the hearsay rule | 21 | | only in prosecutions for any violation of Section
11-501 of | 22 | | this Code or a similar provision of a local ordinance, or in
| 23 | | prosecutions for reckless homicide brought under the Criminal | 24 | | Code of 1961 or the Criminal Code of 2012.
| 25 | | (b) The confidentiality provisions of law pertaining to |
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| 1 | | medical records and
medical treatment shall not be applicable | 2 | | with regard to tests performed upon
an
individual's blood , | 3 | | saliva, or urine under the provisions of subsection (a) of this
| 4 | | Section. No person shall be liable for civil damages or | 5 | | professional discipline
as a result of the disclosure or | 6 | | reporting of the tests or the evidentiary
use of an
| 7 | | individual's blood , saliva, or urine test results under this | 8 | | Section or Section 11-501.4
or as a result of that person's | 9 | | testimony made available under this Section or
Section | 10 | | 11-501.4, except for willful or wanton misconduct.
| 11 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 12 | | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| 13 | | Sec. 11-501.6. Driver involvement in personal injury or | 14 | | fatal motor
vehicle accident; chemical test. | 15 | | (a) Any person who drives or is in actual control of a | 16 | | motor vehicle
upon the public highways of this State and who | 17 | | has been involved in a
personal injury or fatal motor vehicle | 18 | | accident, shall be deemed to have
given consent to a breath | 19 | | test using a portable device as approved by the
Department of | 20 | | State Police or to a chemical test or tests
of blood, breath, | 21 | | saliva, or
urine for the purpose of determining the content of | 22 | | alcohol,
other
drug or drugs, or intoxicating compound or | 23 | | compounds of such
person's blood if arrested as evidenced by | 24 | | the issuance of a Uniform Traffic
Ticket for any violation of | 25 | | the Illinois Vehicle Code or a similar provision of
a local |
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| 1 | | ordinance, with the exception of equipment violations | 2 | | contained in
Chapter 12 of this Code, or similar provisions of | 3 | | local ordinances. The test
or tests shall be administered at | 4 | | the direction of the arresting officer. The
law enforcement | 5 | | agency employing the officer shall designate which of the
| 6 | | aforesaid tests shall be administered. A saliva or urine test | 7 | | may be administered even
after a blood or breath test or both | 8 | | has been administered. Compliance with
this Section does not | 9 | | relieve such person from the requirements of Section
11-501.1 | 10 | | of this Code. | 11 | | (b) Any person who is dead, unconscious or who is otherwise | 12 | | in a
condition rendering such person incapable of refusal shall | 13 | | be deemed not to
have withdrawn the consent provided by | 14 | | subsection (a) of this Section. In
addition, if a driver of a | 15 | | vehicle is receiving medical treatment as a
result of a motor | 16 | | vehicle accident, any physician licensed to practice
medicine, | 17 | | licensed physician assistant, licensed advanced practice | 18 | | nurse, registered nurse or a phlebotomist acting under the | 19 | | direction of
a licensed physician shall withdraw blood for | 20 | | testing purposes to ascertain
the presence of alcohol, other | 21 | | drug or drugs, or intoxicating
compound or compounds, upon the | 22 | | specific request of a law
enforcement officer. However, no such | 23 | | testing shall be performed until, in
the opinion of the medical | 24 | | personnel on scene, the withdrawal can be made
without | 25 | | interfering with or endangering the well-being of the patient. | 26 | | (c) A person requested to submit to a test as provided |
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| 1 | | above shall be
warned by the law enforcement officer requesting | 2 | | the test that a refusal to
submit to the test, or submission to | 3 | | the test resulting in an alcohol
concentration of 0.08 or more, | 4 | | or any amount of a drug, substance,
or intoxicating compound
| 5 | | resulting from the unlawful use or consumption of cannabis, as | 6 | | covered by the
Cannabis Control Act, a controlled substance | 7 | | listed in the Illinois
Controlled Substances Act, an | 8 | | intoxicating compound listed in the Use of
Intoxicating | 9 | | Compounds Act, or methamphetamine as listed in the | 10 | | Methamphetamine Control and Community Protection Act as | 11 | | detected in such person's blood , saliva, or urine, may
result | 12 | | in the suspension of such person's privilege to operate a motor | 13 | | vehicle and may result in the disqualification of the person's | 14 | | privilege to operate a commercial motor vehicle, as provided in | 15 | | Section 6-514 of this Code, if the person is a CDL holder.
The | 16 | | length of the suspension shall be the same as outlined in | 17 | | Section
6-208.1 of this Code regarding statutory summary | 18 | | suspensions. | 19 | | (d) If the person refuses testing or submits to a test | 20 | | which discloses
an alcohol concentration of 0.08 or more, or | 21 | | any amount of a drug,
substance,
or intoxicating compound in | 22 | | such person's blood , saliva, or urine resulting from the
| 23 | | unlawful use or
consumption of cannabis listed in the Cannabis | 24 | | Control Act, a controlled
substance listed in the Illinois | 25 | | Controlled Substances Act, an
intoxicating
compound listed in | 26 | | the Use of Intoxicating Compounds Act, or methamphetamine as |
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| 1 | | listed in the Methamphetamine Control and Community Protection | 2 | | Act, the law
enforcement officer shall immediately submit a | 3 | | sworn report to the Secretary of
State on a form prescribed by | 4 | | the Secretary, certifying that the test or tests
were requested | 5 | | pursuant to subsection (a) and the person refused to submit to | 6 | | a
test or tests or submitted to testing which disclosed an | 7 | | alcohol concentration
of 0.08 or more, or any amount of a drug, | 8 | | substance, or intoxicating
compound
in such
person's blood , | 9 | | saliva, or urine, resulting from the unlawful use or | 10 | | consumption of
cannabis listed in the Cannabis Control Act, a | 11 | | 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. | 15 | | Upon receipt of the sworn report of a law enforcement | 16 | | officer, the
Secretary shall enter the suspension and | 17 | | disqualification to the individual's driving record and the
| 18 | | suspension and disqualification shall be effective on the 46th | 19 | | day following the date notice of the
suspension was given to | 20 | | the person. | 21 | | The law enforcement officer submitting the sworn report | 22 | | shall serve immediate
notice of this suspension on the person | 23 | | and such suspension and disqualification shall be effective
on | 24 | | the 46th day following the date notice was given. | 25 | | In cases where the blood alcohol concentration of 0.08 or | 26 | | more,
or any amount
of a drug, substance, or intoxicating |
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| 1 | | compound resulting from the unlawful
use or
consumption of | 2 | | cannabis as 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, is | 7 | | established by a
subsequent analysis of blood , saliva, or urine | 8 | | collected at the time of arrest, the
arresting officer shall | 9 | | give notice as provided in this Section or by deposit
in the | 10 | | United States mail of such notice in an envelope with postage | 11 | | prepaid
and addressed to such person at his address as shown on | 12 | | the Uniform Traffic
Ticket and the suspension and | 13 | | disqualification shall be effective on the 46th day following | 14 | | the date
notice was given. | 15 | | Upon receipt of the sworn report of a law enforcement | 16 | | officer, the Secretary
shall also give notice of the suspension | 17 | | and disqualification to the driver by mailing a notice of
the | 18 | | effective date of the suspension and disqualification to the | 19 | | individual. However, should the
sworn report be defective by | 20 | | not containing sufficient information or be
completed in error, | 21 | | the notice of the suspension and disqualification shall not be | 22 | | mailed to the
person or entered to the driving record, but | 23 | | rather the sworn report shall be
returned to the issuing law | 24 | | enforcement agency. | 25 | | (e) A driver may contest this suspension of his or her
| 26 | | driving privileges and disqualification of his or her CDL |
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| 1 | | privileges by
requesting an administrative hearing with the | 2 | | Secretary in accordance with
Section 2-118 of this Code. At the | 3 | | conclusion of a hearing held under
Section 2-118 of this Code, | 4 | | the Secretary may rescind, continue, or modify the
orders
of | 5 | | suspension and disqualification. If the Secretary does not | 6 | | rescind the orders of suspension and disqualification, a | 7 | | restricted
driving permit may be granted by the Secretary upon | 8 | | application being made and
good cause shown. A restricted | 9 | | driving permit may be granted to relieve undue
hardship to | 10 | | allow driving for employment, educational, and medical | 11 | | purposes as
outlined in Section 6-206 of this Code. The | 12 | | provisions of Section 6-206 of
this Code shall apply. In | 13 | | accordance with 49 C.F.R. 384, the Secretary of State may not | 14 | | issue a restricted driving permit for the operation of a | 15 | | commercial motor vehicle to a person holding a CDL whose | 16 | | driving privileges have been suspended, revoked, cancelled, or | 17 | | disqualified.
| 18 | | (f) (Blank). | 19 | | (g) For the purposes of this Section, a personal injury | 20 | | shall include
any type A injury as indicated on the traffic | 21 | | accident report completed
by a law enforcement officer that | 22 | | requires immediate professional attention
in either a doctor's | 23 | | office or a medical facility. A type A injury shall
include | 24 | | severely bleeding wounds, distorted extremities, and injuries | 25 | | that
require the injured party to be carried from the scene. | 26 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11; |
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| 1 | | 97-835, eff. 7-20-12.)
| 2 | | (625 ILCS 5/11-501.8)
| 3 | | Sec. 11-501.8. Suspension of driver's license; persons | 4 | | under age 21.
| 5 | | (a) A person who is less than 21 years of age and who | 6 | | drives or
is in actual physical control of a motor vehicle upon | 7 | | the
public highways of this State shall be deemed to have given | 8 | | consent to a
chemical test or tests of blood, breath, saliva, | 9 | | or urine for the purpose of
determining the alcohol content of | 10 | | the person's blood if arrested, as evidenced
by the issuance of | 11 | | a Uniform Traffic Ticket for any violation of the Illinois
| 12 | | Vehicle Code or a similar provision of a local ordinance, if a | 13 | | police officer
has probable cause to believe that the driver | 14 | | has consumed any amount of an
alcoholic beverage based upon | 15 | | evidence of the driver's physical condition or
other first hand | 16 | | knowledge of the police officer. The test or tests shall be
| 17 | | administered at the direction of the arresting officer. The law | 18 | | enforcement
agency employing the officer shall designate which | 19 | | of the aforesaid tests shall
be administered. A saliva or urine | 20 | | test may be administered even after a blood or
breath test or | 21 | | both has been administered.
| 22 | | (b) A person who is dead, unconscious, or who is otherwise | 23 | | in a condition
rendering that person incapable of refusal, | 24 | | shall be deemed not to have
withdrawn the consent provided by | 25 | | paragraph (a) of this Section and the test or
tests may be |
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| 1 | | administered subject to the following provisions:
| 2 | | (i) Chemical analysis of the person's blood, urine, | 3 | | breath, saliva, or
other bodily substance, to be considered | 4 | | valid under the provisions of this
Section, shall have been | 5 | | performed according to standards promulgated by the | 6 | | Department of State
Police
by an individual possessing a | 7 | | valid permit issued by that Department for this
purpose. | 8 | | The Director of State Police is authorized to approve | 9 | | satisfactory
techniques or methods, to ascertain the | 10 | | qualifications and competence of
individuals to conduct | 11 | | analyses, to issue permits that shall be subject to
| 12 | | termination or revocation at the direction of that | 13 | | Department, and to certify
the accuracy of breath testing | 14 | | equipment. The Department of
State Police shall prescribe | 15 | | regulations as necessary.
| 16 | | (ii) When a person submits to a blood test at the | 17 | | request of a law
enforcement officer under the provisions | 18 | | of this Section, only a physician
authorized to practice | 19 | | medicine, a licensed physician assistant, a licensed | 20 | | advanced practice nurse, a registered nurse, or other | 21 | | qualified person
trained in venipuncture and acting under | 22 | | the direction of a licensed physician
may withdraw blood | 23 | | for the purpose of determining the alcohol content therein.
| 24 | | This limitation does not apply to the taking of breath , | 25 | | saliva, or urine specimens.
| 26 | | (iii) The person tested may have a physician, qualified |
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| 1 | | technician,
chemist, registered nurse, or other qualified | 2 | | person of his or her own choosing
administer a chemical | 3 | | test or tests in addition to any test or tests
administered | 4 | | at the direction of a law enforcement officer. The failure | 5 | | or
inability to obtain an additional test by a person shall | 6 | | not preclude the
consideration of the previously performed | 7 | | chemical test.
| 8 | | (iv) Upon a request of the person who submits to a | 9 | | chemical test or
tests at the request of a law enforcement | 10 | | officer, full information concerning
the test or tests | 11 | | shall be made available to the person or that person's
| 12 | | attorney.
| 13 | | (v) Alcohol concentration means either grams of | 14 | | alcohol per 100
milliliters of blood or grams of alcohol | 15 | | per 210 liters of breath.
| 16 | | (vi) If a driver is receiving medical treatment as a | 17 | | result of a motor
vehicle accident, a physician licensed to | 18 | | practice medicine, licensed physician assistant, licensed | 19 | | advanced practice nurse, registered nurse,
or other | 20 | | qualified person trained in venipuncture and
acting under | 21 | | the direction of a licensed physician shall
withdraw blood | 22 | | for testing purposes to ascertain the presence of alcohol | 23 | | upon
the specific request of a law enforcement officer. | 24 | | However, that testing
shall not be performed until, in the | 25 | | opinion of the medical personnel on scene,
the withdrawal | 26 | | can be made without interfering with or endangering the
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| 1 | | well-being of the patient.
| 2 | | (c) A person requested to submit to a test as provided | 3 | | above shall be warned
by the law enforcement officer requesting | 4 | | the test that a refusal to submit to
the test, or submission to | 5 | | the test resulting in an alcohol concentration of
more than | 6 | | 0.00, may result in the loss of that person's privilege to | 7 | | operate a
motor vehicle and may result in the disqualification | 8 | | of the person's privilege to operate a commercial motor | 9 | | vehicle, as provided in Section 6-514 of this Code, if the | 10 | | person is a CDL holder. The loss of driving privileges shall be | 11 | | imposed in accordance
with Section 6-208.2 of this Code.
| 12 | | (d) If the person refuses testing or submits to a test that | 13 | | discloses an
alcohol concentration of more than 0.00, the law | 14 | | enforcement officer shall
immediately submit a sworn report to | 15 | | the Secretary of State on a form
prescribed by the Secretary of | 16 | | State, certifying that the test or tests were
requested under | 17 | | subsection (a) and the person refused to submit to a test
or | 18 | | tests or submitted to testing which disclosed an alcohol | 19 | | concentration of
more than 0.00. The law enforcement officer | 20 | | shall submit the same sworn report
when a person under the age | 21 | | of 21 submits to testing under Section
11-501.1 of this Code | 22 | | and the testing discloses an alcohol concentration of
more than | 23 | | 0.00 and less than 0.08.
| 24 | | Upon receipt of the sworn report of a law enforcement | 25 | | officer, the Secretary
of State shall enter the suspension and | 26 | | disqualification on the individual's driving
record and the |
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| 1 | | suspension and disqualification shall be effective on the 46th | 2 | | day following the date
notice of the suspension was given to | 3 | | the person. If this suspension is the
individual's first | 4 | | driver's license suspension under this Section, reports
| 5 | | received by the Secretary of State under this Section shall, | 6 | | except during the
time the suspension is in effect, be | 7 | | privileged information and for use only by
the courts, police | 8 | | officers, prosecuting authorities, the Secretary of State,
or | 9 | | the individual personally, unless the person is a CDL holder, | 10 | | is operating a commercial motor vehicle or vehicle required to | 11 | | be placarded for hazardous materials, in which case the | 12 | | suspension shall not be privileged.
Reports received by the | 13 | | Secretary of State under this Section shall also be made | 14 | | available to the parent or guardian of a person under the age | 15 | | of 18 years that holds an instruction permit or a graduated | 16 | | driver's license, regardless of whether the suspension is in | 17 | | effect.
| 18 | | The law enforcement officer submitting the sworn report | 19 | | shall serve immediate
notice of this suspension on the person | 20 | | and the suspension and disqualification shall
be effective on | 21 | | the 46th day following the date notice was given.
| 22 | | In cases where the blood alcohol concentration of more than | 23 | | 0.00 is
established by a subsequent analysis of blood , saliva, | 24 | | or urine, the police officer or
arresting agency shall give | 25 | | notice as provided in this Section or by deposit
in the United | 26 | | States mail of that notice in an envelope with postage prepaid
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| 1 | | and addressed to that person at his last known address and the | 2 | | loss of driving
privileges shall be effective on the 46th day | 3 | | following the date notice was
given.
| 4 | | Upon receipt of the sworn report of a law enforcement | 5 | | officer, the Secretary
of State shall also give notice of the | 6 | | suspension and disqualification to the driver
by mailing a | 7 | | notice of the effective date of the suspension and | 8 | | disqualification to the individual.
However, should the sworn | 9 | | report be defective by not containing sufficient
information or | 10 | | be completed in error, the notice of the suspension and | 11 | | disqualification shall not be mailed to the person or entered | 12 | | to the driving record,
but rather the sworn report shall be | 13 | | returned to the issuing law enforcement
agency.
| 14 | | (e) A driver may contest this suspension and | 15 | | disqualification by requesting an
administrative hearing with | 16 | | the Secretary of State in accordance with Section
2-118 of this | 17 | | Code. An individual whose blood alcohol concentration is shown
| 18 | | to be more than 0.00 is not subject to this Section if he or she | 19 | | consumed
alcohol in the performance of a religious service or | 20 | | ceremony. An individual
whose blood alcohol concentration is | 21 | | shown to be more than 0.00 shall not be
subject to this Section | 22 | | if the individual's blood alcohol concentration
resulted only | 23 | | from ingestion of the prescribed or recommended dosage of
| 24 | | medicine that contained alcohol. The petition for that hearing | 25 | | shall not stay
or delay the effective date of the impending | 26 | | suspension. The scope of this
hearing shall be limited to the |
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| 1 | | issues of:
| 2 | | (1) whether the police officer had probable cause to | 3 | | believe that the
person was driving or in actual physical | 4 | | control of a motor vehicle upon the
public highways of the | 5 | | State and the police officer had reason to believe that
the | 6 | | person was in violation of any provision of the Illinois | 7 | | Vehicle Code or a
similar provision of a local ordinance; | 8 | | and
| 9 | | (2) whether the person was issued a Uniform Traffic | 10 | | Ticket for any
violation of the Illinois Vehicle Code or a | 11 | | similar provision of a local
ordinance; and
| 12 | | (3) whether the police officer had probable cause to | 13 | | believe that the
driver
had consumed any amount of an | 14 | | alcoholic beverage based upon the driver's
physical | 15 | | actions or other first-hand knowledge of the police | 16 | | officer; and
| 17 | | (4) whether the person, after being advised by the | 18 | | officer that the
privilege to operate a motor vehicle would | 19 | | be suspended if the person refused
to submit to and | 20 | | complete the test or tests, did refuse to submit to or
| 21 | | complete the test or tests to determine the person's | 22 | | alcohol concentration;
and
| 23 | | (5) whether the person, after being advised by the | 24 | | officer that the
privileges to operate a motor vehicle | 25 | | would be suspended if the person submits
to a chemical test | 26 | | or tests and the test or tests disclose an alcohol
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| 1 | | concentration of more than 0.00, did submit to and
complete | 2 | | the
test or tests that determined an alcohol concentration | 3 | | of more than 0.00; and
| 4 | | (6) whether the test result of an alcohol concentration | 5 | | of more than 0.00
was based upon the person's consumption | 6 | | of alcohol in the performance of a
religious service or | 7 | | ceremony; and
| 8 | | (7) whether the test result of an alcohol concentration | 9 | | of more than 0.00
was based upon the person's consumption | 10 | | of alcohol through ingestion of the
prescribed or | 11 | | recommended dosage of medicine.
| 12 | | At the conclusion of the hearing held under Section 2-118 | 13 | | of
this Code, the Secretary of State may rescind, continue, or | 14 | | modify the suspension and disqualification. If the Secretary of | 15 | | State does not rescind the suspension and disqualification, a
| 16 | | restricted driving permit may be granted by the Secretary of | 17 | | State upon
application being made and good cause shown. A | 18 | | restricted driving permit may be
granted to relieve undue | 19 | | hardship by allowing driving for employment,
educational, and | 20 | | medical purposes as outlined in item (3) of part (c) of
Section | 21 | | 6-206 of this Code. The provisions of item (3) of part (c) of | 22 | | Section
6-206 of this Code and of subsection (f) of that | 23 | | Section shall apply. The Secretary of State shall promulgate | 24 | | rules
providing for participation in an alcohol education and | 25 | | awareness program or
activity, a drug education and awareness | 26 | | program or activity, or both as a
condition to the issuance of |
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| 1 | | a restricted driving permit for suspensions
imposed under this | 2 | | Section.
| 3 | | (f) The results of any chemical testing performed in | 4 | | accordance with
subsection (a) of this Section are not | 5 | | admissible in any civil or criminal
proceeding, except that the | 6 | | results of the testing may be considered at a
hearing held | 7 | | under Section 2-118 of this Code. However, the results of
the | 8 | | testing may not be used to impose driver's license sanctions | 9 | | under
Section 11-501.1 of this Code. A law enforcement officer | 10 | | may, however, pursue
a statutory summary suspension or | 11 | | revocation of driving privileges under Section 11-501.1 of
this | 12 | | Code if other physical evidence or first hand knowledge forms | 13 | | the basis
of that suspension or revocation.
| 14 | | (g) This Section applies only to drivers who are under
age | 15 | | 21 at the time of the issuance of a Uniform Traffic Ticket for | 16 | | a
violation of the Illinois Vehicle Code or a similar provision | 17 | | of a local
ordinance, and a chemical test request is made under | 18 | | this Section.
| 19 | | (h) The action of the Secretary of State in suspending, | 20 | | revoking, cancelling, or
disqualifying any license or
permit | 21 | | shall be
subject to judicial review in the Circuit Court of | 22 | | Sangamon County or in the
Circuit Court of Cook County, and the | 23 | | provisions of the Administrative Review
Law and its rules are | 24 | | hereby adopted and shall apply to and govern every action
for | 25 | | the judicial review of final acts or decisions of the Secretary | 26 | | of State
under this Section.
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| 1 | | (Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; | 2 | | 97-333, eff. 8-12-11; 97-450, eff. 8-19-11.) | 3 | | (625 ILCS 5/11-507) | 4 | | Sec. 11-507. Supervising a minor driver while under the | 5 | | influence of alcohol, other drug or drugs, intoxicating | 6 | | compound or compounds or any combination thereof. | 7 | | (a) A person shall not accompany or provide instruction, | 8 | | pursuant to subsection (a) of Section 6-107.1 of this Code, to | 9 | | a driver who is a minor and driving a motor vehicle pursuant to | 10 | | an instruction permit under Section 6-107.1 of this Code, | 11 | | while: | 12 | | (1) the alcohol concentration in the person's blood , | 13 | | saliva,
or breath is 0.08 or more based on the definition | 14 | | of blood and breath units in Section 11-501.2 of this Code; | 15 | | (2) under the influence of alcohol; | 16 | | (3) under the influence of any intoxicating compound
or | 17 | | combination of intoxicating compounds to a degree that | 18 | | renders the person incapable of properly supervising or | 19 | | providing instruction to the minor driver; | 20 | | (4) under the influence of any other drug or
| 21 | | combination of drugs to a degree that renders the person | 22 | | incapable of properly supervising or providing instruction | 23 | | to the minor driver; | 24 | | (5) under the combined influence of alcohol, other
drug | 25 | | or drugs, or intoxicating compound or compounds to a degree |
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| 1 | | that renders the person incapable of properly supervising | 2 | | or providing instruction to the minor driver; or | 3 | | (6) there is any amount of a drug, substance, or
| 4 | | compound in the person's breath, blood, saliva, or urine | 5 | | resulting from the unlawful use or consumption of cannabis | 6 | | listed in the Cannabis Control Act, a controlled substance | 7 | | listed in the Illinois Controlled Substances Act, an | 8 | | intoxicating compound listed in the Use of Intoxicating | 9 | | Compounds Act, or methamphetamine as listed in the | 10 | | Methamphetamine Control and Community Protection Act. | 11 | | (b) A person found guilty of violating this Section is | 12 | | guilty of an offense against the regulations governing the | 13 | | movement of vehicles.
| 14 | | (Source: P.A. 96-1237, eff. 1-1-11.) | 15 | | Section 10. The Code of Criminal Procedure of 1963 is | 16 | | amended by changing Section 115-15 as follows:
| 17 | | (725 ILCS 5/115-15)
| 18 | | Sec. 115-15. Laboratory reports.
| 19 | | (a) In any criminal prosecution for a violation of
the | 20 | | Cannabis
Control Act, the Illinois Controlled Substances Act, | 21 | | or the Methamphetamine Control and Community Protection Act, a | 22 | | laboratory report
from the Department of State Police, Division | 23 | | of Forensic Services, that is
signed and sworn to by the person | 24 | | performing an
analysis and that states (1) that the substance |
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| 1 | | that is the basis of the
alleged
violation
has been weighed and | 2 | | analyzed, and (2) the person's findings as to the
contents, | 3 | | weight and identity of the substance, and (3) that it contains | 4 | | any
amount of a controlled substance or cannabis is prima facie | 5 | | evidence of the
contents, identity and weight of the substance. | 6 | | Attached to the report
shall be a copy of a notarized statement | 7 | | by the signer of the report giving
the name of the signer and | 8 | | stating (i) that he or she is an employee of the
Department of | 9 | | State Police, Division of Forensic Services,
(ii) the name and | 10 | | location of the laboratory where the analysis was
performed, | 11 | | (iii) that performing the analysis is a part of his or her | 12 | | regular
duties, and (iv) that the signer is qualified by | 13 | | education, training and
experience to perform the analysis. The | 14 | | signer shall also allege that
scientifically accepted tests | 15 | | were performed with due caution and that the
evidence was | 16 | | handled in accordance with established and accepted procedures
| 17 | | while in the custody of the laboratory.
| 18 | | (a-5) In any criminal prosecution for reckless homicide | 19 | | under Section 9-3
of the
Criminal Code of
1961 or the Criminal | 20 | | Code of 2012, or driving under the influence of alcohol, other | 21 | | drug, or combination of
both, in
violation of Section
11-501 of | 22 | | the Illinois Vehicle Code or in any civil action held under a
| 23 | | statutory summary
suspension or revocation hearing under | 24 | | Section 2-118.1 of the Illinois Vehicle Code, a
laboratory | 25 | | report from the
Department of State Police, Division of | 26 | | Forensic Services, that is signed and
sworn to by the person
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| 1 | | performing an analysis, and that states
that the sample of | 2 | | blood , saliva, or urine was tested for alcohol or
drugs, and
| 3 | | contains the person's findings as to the presence and amount
of
| 4 | | alcohol or
drugs and type of drug is prima facie evidence of
| 5 | | the presence, content, and amount of the alcohol or drugs | 6 | | analyzed in
the blood , saliva, or urine. Attached to the report | 7 | | must be a copy of a notarized
statement by the
signer of the | 8 | | report giving the name of the signer and stating (1) that he or
| 9 | | she is an employee
of the Department of State Police, Division | 10 | | of Forensic Services, (2) the name
and location
of the | 11 | | laboratory where the analysis was performed, (3) that | 12 | | performing the
analysis is a part
of his or her regular duties, | 13 | | (4) that the signer is qualified by
education, training, and
| 14 | | experience to perform the analysis, and (5) that
scientifically | 15 | | accepted
tests were performed with due caution and that the | 16 | | evidence was handled in
accordance with
established and | 17 | | accepted procedures while in the custody of the laboratory.
| 18 | | (b) The State's Attorney shall serve a copy of the report | 19 | | on the
attorney of record for the accused, or on the accused if | 20 | | he or she has no
attorney, before any proceeding in which the | 21 | | report is to be used against
the accused other than at a | 22 | | preliminary hearing or grand jury hearing when
the report may | 23 | | be used without having been previously served upon the accused.
| 24 | | (c) The report shall not be prima facie evidence if the
| 25 | | accused or his or her attorney
demands the testimony of the | 26 | | person signing the report by serving the
demand upon the |
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| 1 | | State's Attorney within 7 days from the accused or his or her
| 2 | | attorney's receipt of the report.
| 3 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 4 | | Section 15. The Unified Code of Corrections is amended by | 5 | | changing Section 5-9-1.9 as follows:
| 6 | | (730 ILCS 5/5-9-1.9)
| 7 | | Sec. 5-9-1.9. DUI analysis fee.
| 8 | | (a) "Crime laboratory" means a not-for-profit laboratory | 9 | | substantially
funded by a single unit or combination of units | 10 | | of local government or the
State of
Illinois that regularly | 11 | | employs at least one person engaged in the DUI
analysis of | 12 | | blood , saliva, and urine for criminal justice agencies in | 13 | | criminal matters
and provides testimony with respect to such | 14 | | examinations.
| 15 | | "DUI analysis" means an analysis of blood , saliva, or urine | 16 | | for purposes of
determining whether a violation of Section | 17 | | 11-501 of the Illinois Vehicle Code
has occurred.
| 18 | | (b) When a person has been adjudged guilty of an offense in | 19 | | violation of
Section 11-501 of the Illinois Vehicle Code, in | 20 | | addition to any other
disposition, penalty, or fine imposed, a | 21 | | crime laboratory DUI analysis fee of
$150 for each offense for | 22 | | which the person was convicted shall be levied by the
court for | 23 | | each case in which a laboratory analysis occurred. Upon | 24 | | verified
petition of the person, the court may suspend payment |
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| 1 | | of all or part of the fee
if it finds that the person does not | 2 | | have the ability to pay the fee.
| 3 | | (c) In addition to any other disposition made under the | 4 | | provisions of
the Juvenile Court Act of 1987, any minor | 5 | | adjudicated delinquent for an offense
which if committed by an | 6 | | adult would constitute a violation of Section 11-501
of the | 7 | | Illinois Vehicle Code shall be assessed a crime laboratory DUI | 8 | | analysis
fee of $150 for each adjudication. Upon verified | 9 | | petition of the minor, the
court may suspend payment of all or | 10 | | part of the fee if it finds
that the minor does not have the | 11 | | ability to pay the fee. The parent, guardian,
or legal | 12 | | custodian of the minor may pay some or all of the fee on the | 13 | | minor's
behalf.
| 14 | | (d) All crime laboratory DUI analysis fees provided for by | 15 | | this Section
shall
be collected by the clerk of the court and | 16 | | forwarded to the appropriate crime
laboratory DUI fund as | 17 | | provided in subsection (f).
| 18 | | (e) Crime laboratory funds shall be established as follows:
| 19 | | (1) A unit of local government that maintains a crime | 20 | | laboratory may
establish a crime laboratory DUI fund within | 21 | | the office of the county or
municipal treasurer.
| 22 | | (2) Any combination of units of local government that | 23 | | maintains a crime
laboratory may establish a crime | 24 | | laboratory DUI fund within the office of the
treasurer of | 25 | | the county where the crime laboratory is situated.
| 26 | | (3) The State Police DUI Fund is created as a
special |
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| 1 | | fund in
the State Treasury.
| 2 | | (f) The analysis fee provided for in subsections (b) and | 3 | | (c) of this Section
shall be forwarded to the office of the | 4 | | treasurer of the unit of local
government that performed the | 5 | | analysis if that unit of local government has
established a | 6 | | crime laboratory DUI fund, or to the State Treasurer for | 7 | | deposit
into the State Police DUI Fund if the analysis was
| 8 | | performed by a
laboratory operated by the Department of State | 9 | | Police. If the analysis was
performed by a crime laboratory | 10 | | funded by a combination of units of local
government, the | 11 | | analysis fee shall be forwarded to the treasurer of the county
| 12 | | where the crime laboratory is situated if a crime laboratory | 13 | | DUI fund has been
established in that county. If the unit of | 14 | | local government or combination of
units of local government | 15 | | has not established a crime laboratory DUI fund, then
the | 16 | | analysis fee shall be forwarded to the State Treasurer for | 17 | | deposit into
the State Police DUI Fund. The clerk of the | 18 | | circuit
court may retain
the
amount of $10 from each collected | 19 | | analysis fee to offset administrative costs
incurred in | 20 | | carrying out the clerk's responsibilities under this Section.
| 21 | | (g) Fees deposited into a crime laboratory DUI fund created | 22 | | under
paragraphs (1) and (2) of subsection (e) of this Section | 23 | | shall be in addition
to any allocations made pursuant to | 24 | | existing law and shall be designated for
the exclusive use of | 25 | | the crime laboratory. These uses may include, but are not
| 26 | | limited to, the following:
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| 1 | | (1) Costs incurred in providing analysis for DUI | 2 | | investigations conducted
within this State.
| 3 | | (2) Purchase and maintenance of equipment for use in | 4 | | performing analyses.
| 5 | | (3) Continuing education, training, and professional | 6 | | development of
forensic scientists regularly employed by | 7 | | these laboratories.
| 8 | | (h) Fees deposited in the State Police DUI Fund
created | 9 | | under
paragraph (3) of subsection (e) of this Section shall be | 10 | | used by
State crime laboratories as designated by the Director | 11 | | of State Police. These
funds shall be in addition to any | 12 | | allocations made according to existing law
and shall be | 13 | | designated for the exclusive use of State crime laboratories.
| 14 | | These uses may include those enumerated in subsection (g) of | 15 | | this Section.
| 16 | | (Source: P.A. 91-822, eff. 6-13-00.)
| 17 | | Section 95. No acceleration or delay. Where this Act makes | 18 | | changes in a statute that is represented in this Act by text | 19 | | that is not yet or no longer in effect (for example, a Section | 20 | | represented by multiple versions), the use of that text does | 21 | | not accelerate or delay the taking effect of (i) the changes | 22 | | made by this Act or (ii) provisions derived from any other | 23 | | Public Act.
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