Full Text of SB0627 99th General Assembly
SB0627ham001 99TH GENERAL ASSEMBLY | Rep. John D'Amico Filed: 5/13/2015
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| 1 | | AMENDMENT TO SENATE BILL 627
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 627 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-106.1a, 6-205, 6-206, 6-206.1, 6-208.1, | 6 | | 6-517, 11-501.1, 11-501.6, and 11-501.8 as follows:
| 7 | | (625 ILCS 5/6-106.1a)
| 8 | | Sec. 6-106.1a. Cancellation of school bus driver permit; | 9 | | trace of alcohol.
| 10 | | (a) A person who has been issued a school bus driver permit | 11 | | by the Secretary
of State in accordance with Section 6-106.1 of | 12 | | this Code and who drives or is
in actual physical control of a | 13 | | school bus
or any other vehicle owned or operated by or for a | 14 | | public or private
school, or a school operated by a religious | 15 | | institution, when the vehicle is
being used over a regularly | 16 | | scheduled route for the transportation of persons
enrolled as |
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| 1 | | students in grade 12 or below, in connection with any activity | 2 | | of
the entities listed, upon the public highways of this State | 3 | | shall be
deemed to have given consent to a chemical test or | 4 | | tests of blood, breath, or
urine for the purpose of determining | 5 | | the alcohol content of the person's blood
if arrested, as | 6 | | evidenced
by the issuance of a Uniform Traffic Ticket for any | 7 | | violation of this
Code or a similar provision of a local | 8 | | ordinance, if a police officer
has probable cause to believe | 9 | | that the driver has consumed any amount of an
alcoholic | 10 | | beverage based upon evidence of the driver's physical condition
| 11 | | or other first hand knowledge of the police officer. The test | 12 | | or tests shall
be administered at the direction of the | 13 | | arresting officer. The law enforcement
agency employing the | 14 | | officer shall designate which of the aforesaid tests shall
be | 15 | | administered. A urine test may be administered even after a | 16 | | blood or breath
test or both has been administered.
| 17 | | (b) A person who is dead, unconscious, or who is otherwise | 18 | | in a condition
rendering that person incapable of refusal, | 19 | | shall be deemed not to have
withdrawn the consent provided by | 20 | | paragraph (a) of this Section and the test or
tests may be | 21 | | administered subject to the following provisions:
| 22 | | (1) Chemical analysis of the person's blood, urine, | 23 | | breath, or
other substance,
to be considered valid under | 24 | | the provisions of this Section, shall have been
performed | 25 | | according to standards promulgated by the Department of | 26 | | State Police by an
individual
possessing a valid permit |
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| 1 | | issued by the Department of State Police for this
purpose. | 2 | | The
Director of State Police is authorized to approve | 3 | | satisfactory techniques
or
methods, to ascertain the | 4 | | qualifications and competence of individuals to
conduct | 5 | | analyses, to issue
permits that shall be subject to | 6 | | termination or revocation at the direction of
the | 7 | | Department of State Police, and to certify the
accuracy of | 8 | | breath testing
equipment. The
Department of State Police | 9 | | shall prescribe rules as
necessary.
| 10 | | (2) When a person submits to a blood test at the | 11 | | request of a law
enforcement officer under the provisions | 12 | | of this Section, only a physician
authorized to practice | 13 | | medicine, a licensed physician assistant, a licensed | 14 | | advanced practice nurse, a registered nurse, or other | 15 | | qualified person
trained in venipuncture and acting under | 16 | | the direction of a licensed physician
may withdraw blood | 17 | | for the purpose of determining the alcohol content.
This | 18 | | limitation does not apply to the taking of breath or urine | 19 | | specimens.
| 20 | | (3) The person tested may have a physician, qualified | 21 | | technician, chemist,
registered nurse, or other qualified | 22 | | person of his or her own choosing
administer a chemical | 23 | | test or tests in addition to any test or tests
administered | 24 | | at the direction of a law enforcement officer. The test
| 25 | | administered at the request of the person may be admissible | 26 | | into evidence at a
hearing conducted in accordance with |
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| 1 | | Section 2-118 of this Code. The failure
or inability to | 2 | | obtain an additional test by a person shall not preclude | 3 | | the
consideration of the previously performed chemical | 4 | | test.
| 5 | | (4) Upon a request of the person who submits to a | 6 | | chemical test or tests
at the request of a law enforcement | 7 | | officer, full information concerning the
test or tests | 8 | | shall be made available to the person or that person's
| 9 | | attorney by the requesting law enforcement agency within 72 | 10 | | hours of receipt of
the test result.
| 11 | | (5) Alcohol concentration means either grams of | 12 | | alcohol per 100
milliliters of blood or grams of alcohol | 13 | | per 210 liters of breath.
| 14 | | (6) If a driver is receiving medical treatment as a | 15 | | result of a motor
vehicle accident, a physician licensed to | 16 | | practice medicine, licensed physician assistant, licensed | 17 | | advanced practice nurse, registered nurse,
or other | 18 | | qualified person trained in venipuncture and acting under | 19 | | the
direction of a
licensed physician shall withdraw blood | 20 | | for testing purposes to ascertain the
presence of alcohol | 21 | | upon the specific request of a law enforcement officer.
| 22 | | However, that testing shall not be performed until, in the | 23 | | opinion of the
medical personnel on scene, the withdrawal | 24 | | can be made without interfering with
or endangering the | 25 | | well-being of the patient.
| 26 | | (c) A person requested to submit to a test as provided in |
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| 1 | | this Section shall
be warned
by the law enforcement officer | 2 | | requesting the test that a refusal to submit to
the test, or
| 3 | | submission to the test resulting in an alcohol concentration of | 4 | | more than 0.00,
may result
in the loss of that person's | 5 | | privilege to possess a school bus driver
permit. The loss of | 6 | | the individual's privilege to possess a school bus driver
| 7 | | permit shall be imposed in accordance with Section 6-106.1b of | 8 | | this Code. A person requested to submit to a test under this | 9 | | Section shall also acknowledge, in writing, receipt of the | 10 | | warning required under this subsection (c). If the person | 11 | | refuses to acknowledge receipt of the warning, the law | 12 | | enforcement officer shall make a written notation on the | 13 | | warning that the person refused to sign the warning. A person's | 14 | | refusal to sign the warning shall not be evidence that the | 15 | | person was not read the warning.
| 16 | | (d) If the person refuses testing or submits to a test that | 17 | | discloses an
alcohol concentration of more than 0.00, the law | 18 | | enforcement officer shall
immediately submit a sworn report to | 19 | | the Secretary of State on a form
prescribed by the Secretary of | 20 | | State certifying that the test or tests were
requested under | 21 | | subsection (a) and the person refused to submit to a test or
| 22 | | tests or submitted to testing which disclosed an alcohol | 23 | | concentration of more
than 0.00. The law enforcement officer | 24 | | shall submit the same sworn report when
a person who has been | 25 | | issued a school bus driver permit and who was operating a
| 26 | | school bus or any other vehicle owned
or operated by or for a |
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| 1 | | public or private school, or a school operated by a
religious | 2 | | institution, when the vehicle is being used over a regularly
| 3 | | scheduled route for the transportation of persons enrolled as | 4 | | students in grade
12 or below, in connection with
any activity | 5 | | of the entities listed, submits to testing under Section | 6 | | 11-501.1
of this Code and the testing discloses an alcohol | 7 | | concentration of more than
0.00 and less than the alcohol | 8 | | concentration at which driving or being in
actual physical | 9 | | control of a motor vehicle is prohibited under paragraph (1) of
| 10 | | subsection (a) of Section 11-501.
| 11 | | Upon receipt of the sworn report of a law enforcement | 12 | | officer, the Secretary
of State shall enter the school bus | 13 | | driver permit sanction on the
individual's driving record and | 14 | | the sanction shall be effective on the
46th day following the | 15 | | date notice of the sanction was given to the person.
| 16 | | The law enforcement officer submitting the sworn report | 17 | | shall serve immediate
notice of this school bus driver permit | 18 | | sanction on the person and the sanction
shall be effective on | 19 | | the 46th day following the date notice was given.
| 20 | | In cases where the blood alcohol concentration of more than | 21 | | 0.00 is
established by a subsequent analysis of blood or urine, | 22 | | the police officer or
arresting agency shall give notice as | 23 | | provided in this Section or by deposit in
the United States | 24 | | mail of that notice in an envelope with postage prepaid and
| 25 | | addressed to that person at his or her last known address and | 26 | | the loss of the
school
bus driver permit shall be effective on |
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| 1 | | the 46th day following the date notice
was given.
| 2 | | Upon receipt of the sworn report of a law enforcement | 3 | | officer, the Secretary
of State shall also give notice of the | 4 | | school bus driver permit sanction to the
driver and the | 5 | | driver's current employer by mailing a notice of the effective
| 6 | | date of the sanction to the individual. However, shall the | 7 | | sworn report be
defective by not containing sufficient | 8 | | information or be completed in error,
the notice of the school | 9 | | bus driver permit sanction may not be mailed to the
person or | 10 | | his current employer or entered to the driving record,
but | 11 | | rather the sworn report shall be returned to the issuing law | 12 | | enforcement
agency.
| 13 | | (e) A driver may contest this school bus driver permit | 14 | | sanction by
requesting an administrative hearing with the | 15 | | Secretary of State in accordance
with Section 2-118 of this | 16 | | Code. An individual whose blood alcohol
concentration is shown | 17 | | to be more than 0.00 is not subject to this Section if
he or she | 18 | | consumed alcohol in the performance of a religious service or
| 19 | | ceremony. An individual whose blood alcohol concentration is | 20 | | shown to be more
than 0.00 shall not be subject to this Section | 21 | | if the individual's blood
alcohol concentration resulted only | 22 | | from ingestion of the prescribed or
recommended dosage of | 23 | | medicine that contained alcohol. The petition for that
hearing | 24 | | shall not stay or delay the effective date of the impending | 25 | | suspension.
The scope of this hearing shall be limited to the | 26 | | issues of:
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| 1 | | (1) whether the police officer had probable cause to | 2 | | believe that the
person was driving or in actual physical | 3 | | control of a school bus
or any other vehicle owned or | 4 | | operated by or for a
public or private school, or a
school | 5 | | operated by a religious institution, when the vehicle is | 6 | | being used
over a regularly scheduled route for the | 7 | | transportation of persons enrolled as
students in grade 12 | 8 | | or below, in connection with any activity of the entities
| 9 | | listed, upon the public highways of the State and the | 10 | | police officer had reason
to believe that the person was in | 11 | | violation of any provision of this
Code or a similar | 12 | | provision of a local ordinance; and
| 13 | | (2) whether the person was issued a Uniform Traffic | 14 | | Ticket for any
violation of this Code or a similar | 15 | | provision of a local
ordinance; and
| 16 | | (3) whether the police officer had probable cause to | 17 | | believe that the
driver had
consumed any amount of an | 18 | | alcoholic beverage based upon the driver's
physical | 19 | | actions or other first-hand knowledge of the police | 20 | | officer; and
| 21 | | (4) whether the person, after being advised by the | 22 | | officer that the
privilege to possess a school bus driver | 23 | | permit would be canceled if the person
refused to submit to | 24 | | and complete the test or tests, did refuse to submit to or
| 25 | | complete the test or tests to determine the person's | 26 | | alcohol concentration; and
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| 1 | | (5) whether the person, after being advised by the | 2 | | officer that the
privileges to possess a school bus driver | 3 | | permit would be canceled if the
person submits to a | 4 | | chemical test or tests and the test or tests disclose an
| 5 | | alcohol concentration of more than 0.00 and
the person did | 6 | | submit to and complete the test or tests that determined an
| 7 | | alcohol concentration of more than 0.00; and
| 8 | | (6) whether the test result of an alcohol concentration | 9 | | of more than 0.00
was based upon the person's consumption | 10 | | of alcohol in the performance of a
religious service or | 11 | | ceremony; and
| 12 | | (7) whether the test result of an alcohol concentration | 13 | | of more than 0.00
was based upon the person's consumption | 14 | | of alcohol through ingestion of the
prescribed or | 15 | | recommended dosage of medicine.
| 16 | | The Secretary of State may adopt administrative rules | 17 | | setting forth
circumstances under which the holder of a school | 18 | | bus driver permit is not
required to
appear in
person at the | 19 | | hearing.
| 20 | | Provided that the petitioner may subpoena the officer, the | 21 | | hearing may be
conducted upon a review of the law enforcement | 22 | | officer's own official
reports. Failure of the officer to | 23 | | answer the subpoena shall be grounds for a
continuance if, in | 24 | | the hearing officer's discretion, the continuance is
| 25 | | appropriate. At the conclusion of the hearing held under | 26 | | Section 2-118 of this
Code, the Secretary of State may rescind, |
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| 1 | | continue, or modify
the school bus driver permit sanction.
| 2 | | (f) The results of any chemical testing performed in | 3 | | accordance with
subsection (a) of this Section are not | 4 | | admissible in any civil or criminal
proceeding, except that the | 5 | | results
of the testing may be considered at a hearing held | 6 | | under Section 2-118 of this
Code. However, the results of the | 7 | | testing may not be used to impose
driver's license sanctions | 8 | | under Section 11-501.1 of this Code. A law
enforcement officer | 9 | | may, however, pursue a statutory summary suspension or | 10 | | revocation of
driving privileges under Section 11-501.1 of this | 11 | | Code if other physical
evidence or first hand knowledge forms | 12 | | the basis of that suspension or revocation.
| 13 | | (g) This Section applies only to drivers who have been | 14 | | issued a school bus
driver permit in accordance with Section | 15 | | 6-106.1 of this Code at the time of
the issuance of the Uniform | 16 | | Traffic Ticket for a violation of this
Code or a similar | 17 | | provision of a local ordinance, and a chemical test
request is | 18 | | made under this Section.
| 19 | | (h) The action of the Secretary of State in suspending, | 20 | | revoking, canceling,
or denying any license, permit, | 21 | | registration, or certificate of title shall be
subject to | 22 | | judicial review in the Circuit Court of Sangamon County or in | 23 | | the
Circuit Court of Cook County, and the provisions of the | 24 | | Administrative Review
Law and its rules are hereby adopted and | 25 | | shall apply to and govern every
action for the judicial review | 26 | | of final acts or decisions of the Secretary of
State under this |
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| 1 | | Section.
| 2 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11.)
| 3 | | (625 ILCS 5/6-205)
| 4 | | Sec. 6-205. Mandatory revocation of license or permit; | 5 | | Hardship cases.
| 6 | | (a) Except as provided in this Section, the Secretary of | 7 | | State shall
immediately revoke the license, permit, or driving | 8 | | privileges of
any driver upon receiving a
report of the | 9 | | driver's conviction of any of the following offenses:
| 10 | | 1. Reckless homicide resulting from the operation of a | 11 | | motor vehicle;
| 12 | | 2. Violation of Section 11-501 of this Code or a | 13 | | similar provision of
a local ordinance relating to the | 14 | | offense of operating or being in physical
control of a | 15 | | vehicle while under the influence of alcohol, other drug or
| 16 | | drugs, intoxicating compound or compounds, or any | 17 | | combination thereof;
| 18 | | 3. Any felony under the laws of any State or the | 19 | | federal government
in the commission of which a motor | 20 | | vehicle was used;
| 21 | | 4. Violation of Section 11-401 of this Code relating to | 22 | | the offense of
leaving the scene of a traffic accident | 23 | | involving death or personal injury;
| 24 | | 5. Perjury or the making of a false affidavit or | 25 | | statement under
oath to the Secretary of State under this |
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| 1 | | Code or under any
other law relating to the ownership or | 2 | | operation of motor vehicles;
| 3 | | 6. Conviction upon 3 charges of violation of Section | 4 | | 11-503 of this
Code relating to the offense of reckless | 5 | | driving committed within a
period of 12 months;
| 6 | | 7. Conviction of any offense
defined in
Section 4-102 | 7 | | of this Code;
| 8 | | 8. Violation of Section 11-504 of this Code relating to | 9 | | the offense
of drag racing;
| 10 | | 9. Violation of Chapters 8 and 9 of this Code;
| 11 | | 10. Violation of Section 12-5 of the Criminal Code of | 12 | | 1961 or the Criminal Code of 2012 arising from
the use of a | 13 | | motor vehicle;
| 14 | | 11. Violation of Section 11-204.1 of this Code relating | 15 | | to aggravated
fleeing or attempting to elude a peace | 16 | | officer;
| 17 | | 12. Violation of paragraph (1) of subsection (b) of | 18 | | Section 6-507,
or a similar law of any other state, | 19 | | relating to the
unlawful operation of a commercial motor | 20 | | vehicle;
| 21 | | 13. Violation of paragraph (a) of Section 11-502 of | 22 | | this Code or a
similar provision of a local ordinance if | 23 | | the driver has been previously
convicted of a violation of | 24 | | that Section or a similar provision of a local
ordinance | 25 | | and the driver was less than 21 years of age at the time of | 26 | | the
offense;
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| 1 | | 14. Violation of paragraph (a) of Section 11-506 of | 2 | | this Code or a similar provision of a local ordinance | 3 | | relating to the offense of street racing;
| 4 | | 15. A second or subsequent conviction of driving while | 5 | | the person's driver's license, permit or privileges was | 6 | | revoked for reckless homicide or a similar out-of-state | 7 | | offense; | 8 | | 16. Any offense against any provision in this Code, or | 9 | | any local ordinance, regulating the
movement of traffic | 10 | | when that offense was the proximate cause of the death of | 11 | | any person. Any person whose driving privileges have been | 12 | | revoked pursuant to this paragraph may seek to have the | 13 | | revocation terminated or to have the length of revocation | 14 | | reduced by requesting an administrative hearing with the | 15 | | Secretary of State prior to the projected driver's license | 16 | | application eligibility date; | 17 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 18 | | of this Code or a similar provision of a local ordinance; | 19 | | 18. A second or subsequent conviction of illegal | 20 | | possession, while operating or in actual physical control, | 21 | | as a driver, of a motor vehicle, of any controlled | 22 | | substance prohibited under the Illinois Controlled | 23 | | Substances Act, any cannabis prohibited under the Cannabis | 24 | | Control Act, or any methamphetamine prohibited under the | 25 | | Methamphetamine Control and Community Protection Act. A | 26 | | defendant found guilty of this offense while operating a |
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| 1 | | motor vehicle
shall have an entry made in the court record | 2 | | by the presiding judge that
this offense did occur while | 3 | | the defendant was operating a motor vehicle
and order the | 4 | | clerk of the court to report the violation to the Secretary
| 5 | | of State. | 6 | | (b) The Secretary of State shall also immediately revoke | 7 | | the license
or permit of any driver in the following | 8 | | situations:
| 9 | | 1. Of any minor upon receiving the notice provided for | 10 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 11 | | minor has been
adjudicated under that Act as having | 12 | | committed an offense relating to
motor vehicles prescribed | 13 | | in Section 4-103 of this Code;
| 14 | | 2. Of any person when any other law of this State | 15 | | requires either the
revocation or suspension of a license | 16 | | or permit;
| 17 | | 3. Of any person adjudicated under the Juvenile Court | 18 | | Act of 1987 based on an offense determined to have been | 19 | | committed in furtherance of the criminal activities of an | 20 | | organized gang as provided in Section 5-710 of that Act, | 21 | | and that involved the operation or use of a motor vehicle | 22 | | or the use of a driver's license or permit. The revocation | 23 | | shall remain in effect for the period determined by the | 24 | | court. Upon the direction of the court, the Secretary shall | 25 | | issue the person a judicial driving permit, also known as a | 26 | | JDP. The JDP shall be subject to the same terms as a JDP |
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| 1 | | issued under Section 6-206.1, except that the court may | 2 | | direct that a JDP issued under this subdivision (b)(3) be | 3 | | effective immediately.
| 4 | | (c)(1) Whenever a person is convicted of any of the | 5 | | offenses enumerated in
this Section, the court may recommend | 6 | | and the Secretary of State in his
discretion, without regard to | 7 | | whether the recommendation is made by the
court may, upon | 8 | | application,
issue to the person a
restricted driving permit | 9 | | granting the privilege of driving a motor
vehicle between the | 10 | | petitioner's residence and petitioner's place
of employment or | 11 | | within the scope of the petitioner's employment related
duties, | 12 | | or to allow the petitioner to transport himself or herself or a | 13 | | family member
of the petitioner's household to a medical | 14 | | facility for the receipt of necessary medical care or to allow | 15 | | the
petitioner to transport himself or herself to and from | 16 | | alcohol or drug remedial or rehabilitative activity | 17 | | recommended by a licensed service provider, or to allow the
| 18 | | petitioner to transport himself or herself or a family member | 19 | | of the petitioner's household to classes, as a student, at an | 20 | | accredited educational
institution, or to allow the petitioner | 21 | | to transport children, elderly persons, or disabled persons who | 22 | | do not hold driving privileges and are living in the | 23 | | petitioner's household to and from daycare; if the petitioner | 24 | | is able to demonstrate that no alternative means
of | 25 | | transportation is reasonably available and that the petitioner | 26 | | will not endanger
the public safety or welfare; provided that |
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| 1 | | the Secretary's discretion shall be
limited to cases where | 2 | | undue hardship, as defined by the rules of the Secretary of | 3 | | State, would result from a failure to issue the
restricted | 4 | | driving permit. Those multiple offenders identified in | 5 | | subdivision (b)4 of Section 6-208 of this Code, however, shall | 6 | | not be eligible for the issuance of a restricted driving | 7 | | permit.
| 8 | | (2) If a person's license or permit is revoked or | 9 | | suspended due to 2 or
more convictions of violating Section | 10 | | 11-501 of this Code or a similar
provision of a local | 11 | | ordinance or a similar out-of-state offense, or Section 9-3 | 12 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 13 | | where the use of alcohol or other drugs is recited as an | 14 | | element of the offense, or a similar out-of-state offense, | 15 | | or a combination of these offenses, arising out
of separate | 16 | | occurrences, that person, if issued a restricted driving | 17 | | permit,
may not operate a vehicle unless it has been | 18 | | equipped with an ignition
interlock device as defined in | 19 | | Section 1-129.1.
| 20 | | (3) If:
| 21 | | (A) a person's license or permit is revoked or | 22 | | suspended 2 or more
times within a 10 year period due | 23 | | to any combination of: | 24 | | (i)
a single conviction of violating Section
| 25 | | 11-501 of this Code or a similar provision of a | 26 | | local ordinance or a similar
out-of-state offense, |
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| 1 | | or Section 9-3 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012, where the use of alcohol or | 3 | | other drugs is recited as an element of the | 4 | | offense, or a similar out-of-state offense; or | 5 | | (ii)
a statutory summary suspension or | 6 | | revocation under Section
11-501.1; or | 7 | | (iii)
a suspension pursuant to Section | 8 | | 6-203.1;
| 9 | | arising out of
separate occurrences; or | 10 | | (B)
a person has been convicted of one violation of | 11 | | subparagraph (C) or (F) of paragraph (1) of subsection | 12 | | (d) of Section 11-501 Section 6-303 of this Code , | 13 | | committed while his or her driver's license, permit, or | 14 | | privilege was revoked because of a violation of Section | 15 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 16 | | of 2012, relating to the offense of reckless homicide | 17 | | where the use of alcohol or other drugs was recited as | 18 | | an element of the offense, or a similar provision of a | 19 | | law of another state;
| 20 | | that person, if issued a restricted
driving permit, may not | 21 | | operate a vehicle unless it has been equipped with an
| 22 | | ignition interlock device as defined in Section 1-129.1. | 23 | | (4)
The person issued a permit conditioned on the use | 24 | | of an ignition interlock device must pay to the Secretary | 25 | | of State DUI Administration Fund an amount
not to exceed | 26 | | $30 per month. The Secretary shall establish by rule the |
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| 1 | | amount
and the procedures, terms, and conditions relating | 2 | | to these fees. | 3 | | (5)
If the restricted driving permit is issued for | 4 | | employment purposes, then
the prohibition against | 5 | | operating a motor vehicle that is not equipped with an | 6 | | ignition interlock device does not apply to the operation | 7 | | of an occupational vehicle
owned or leased by that person's | 8 | | employer when used solely for employment purposes. | 9 | | (6)
In each case the Secretary of State may issue a
| 10 | | restricted driving permit for a period he deems | 11 | | appropriate, except that the
permit shall expire within one | 12 | | year from the date of issuance. The Secretary
may not, | 13 | | however, issue a restricted driving permit to any person | 14 | | whose current
revocation is the result of a second or | 15 | | subsequent conviction for a violation
of Section 11-501 of | 16 | | this Code or a similar provision of a local ordinance
or | 17 | | any similar out-of-state offense, or Section 9-3 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012, where | 19 | | the use of alcohol or other drugs is recited as an element | 20 | | of the offense, or any similar out-of-state offense, or any | 21 | | combination of these offenses, until the expiration of at | 22 | | least one year from the date of the
revocation. A | 23 | | restricted
driving permit issued under this Section shall | 24 | | be
subject to cancellation, revocation, and suspension by | 25 | | the Secretary of
State in like manner and for like cause as | 26 | | a driver's license issued
under this Code may be cancelled, |
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| 1 | | revoked, or
suspended; except that a conviction upon one or | 2 | | more offenses against laws or
ordinances regulating the | 3 | | movement of traffic shall be deemed sufficient cause
for | 4 | | the revocation, suspension, or cancellation of a | 5 | | restricted driving permit.
The Secretary of State may, as a | 6 | | condition to the issuance of a restricted
driving permit, | 7 | | require the petitioner to participate in a designated | 8 | | driver
remedial or rehabilitative program. The Secretary | 9 | | of State is authorized to
cancel a restricted driving | 10 | | permit if the permit holder does not successfully
complete | 11 | | the program. However, if an individual's driving | 12 | | privileges have been
revoked in accordance with paragraph | 13 | | 13 of subsection (a) of this Section, no
restricted driving | 14 | | permit shall be issued until the individual has served 6
| 15 | | months of the revocation period.
| 16 | | (c-5) (Blank).
| 17 | | (c-6) If a person is convicted of a second violation of | 18 | | operating a motor vehicle while the person's driver's license, | 19 | | permit or privilege was revoked, where the revocation was for a | 20 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012 relating to the offense of reckless | 22 | | homicide or a similar out-of-state offense, the person's | 23 | | driving privileges shall be revoked pursuant to subdivision | 24 | | (a)(15) of this Section. The person may not make application | 25 | | for a license or permit until the expiration of five years from | 26 | | the effective date of the revocation or the expiration of five |
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| 1 | | years from the date of release from a term of imprisonment, | 2 | | whichever is later. | 3 | | (c-7) If a person is convicted of a third or subsequent | 4 | | violation of operating a motor vehicle while the person's | 5 | | driver's license, permit or privilege was revoked, where the | 6 | | revocation was for a violation of Section 9-3 of the Criminal | 7 | | Code of 1961 or the Criminal Code of 2012 relating to the | 8 | | offense of reckless homicide or a similar out-of-state offense, | 9 | | the person may never apply for a license or permit. | 10 | | (d)(1) Whenever a person under the age of 21 is convicted | 11 | | under Section
11-501 of this Code or a similar provision of a | 12 | | local ordinance or a similar out-of-state offense, the
| 13 | | Secretary of State shall revoke the driving privileges of that | 14 | | person. One
year after the date of revocation, and upon | 15 | | application, the Secretary of
State may, if satisfied that the | 16 | | person applying will not endanger the
public safety or welfare, | 17 | | issue a restricted driving permit granting the
privilege of | 18 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 19 | | p.m. or as otherwise provided by this Section for a period of | 20 | | one year.
After this one year period, and upon reapplication | 21 | | for a license as
provided in Section 6-106, upon payment of the | 22 | | appropriate reinstatement
fee provided under paragraph (b) of | 23 | | Section 6-118, the Secretary of State,
in his discretion, may
| 24 | | reinstate the petitioner's driver's license and driving | 25 | | privileges, or extend the restricted driving permit as many | 26 | | times as the
Secretary of State deems appropriate, by |
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| 1 | | additional periods of not more than
12 months each.
| 2 | | (2) If a person's license or permit is revoked or | 3 | | suspended due to 2 or
more convictions of violating Section | 4 | | 11-501 of this Code or a similar
provision of a local | 5 | | ordinance or a similar out-of-state offense, or Section 9-3 | 6 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 7 | | where the use of alcohol or other drugs is recited as an | 8 | | element of the offense, or a similar out-of-state offense, | 9 | | or a combination of these offenses, arising out
of separate | 10 | | occurrences, that person, if issued a restricted driving | 11 | | permit,
may not operate a vehicle unless it has been | 12 | | equipped with an ignition
interlock device as defined in | 13 | | Section 1-129.1.
| 14 | | (3) If a person's license or permit is revoked or | 15 | | suspended 2 or more times
within a 10 year period due to | 16 | | any combination of: | 17 | | (A) a single conviction of violating Section | 18 | | 11-501
of this
Code or a similar provision of a local | 19 | | ordinance or a similar out-of-state
offense, or | 20 | | Section 9-3 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012, where the use of alcohol or | 22 | | other drugs is recited as an element of the offense, or | 23 | | a similar out-of-state offense; or | 24 | | (B)
a statutory summary suspension or revocation | 25 | | under Section 11-501.1; or | 26 | | (C) a suspension pursuant to Section 6-203.1; |
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| 1 | | arising out of separate occurrences, that person, if issued | 2 | | a
restricted
driving permit, may not operate a vehicle | 3 | | unless it has been equipped with an
ignition interlock | 4 | | device as defined in Section 1-129.1. | 5 | | (3.5) If a person's license or permit is revoked or | 6 | | suspended due to a conviction for a violation of | 7 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 8 | | of Section 11-501 of this Code, or a similar provision of a | 9 | | local ordinance or similar out-of-state offense, that | 10 | | person, if issued a restricted driving permit, may not | 11 | | operate a vehicle unless it has been equipped with an | 12 | | ignition interlock device as defined in Section 1-129.1. | 13 | | (4)
The person issued a permit conditioned upon the use | 14 | | of an interlock device must pay to the Secretary of State | 15 | | DUI Administration Fund an amount
not to exceed $30 per | 16 | | month. The Secretary shall establish by rule the amount
and | 17 | | the procedures, terms, and conditions relating to these | 18 | | fees. | 19 | | (5)
If the restricted driving permit is issued for | 20 | | employment purposes, then
the prohibition against driving | 21 | | a vehicle that is not equipped with an ignition interlock | 22 | | device does not apply to the operation of an occupational | 23 | | vehicle
owned or leased by that person's employer when used | 24 | | solely for employment purposes. | 25 | | (6) A
restricted driving permit issued under this | 26 | | Section shall be subject to
cancellation, revocation, and |
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| 1 | | suspension by the Secretary of State in like
manner and for | 2 | | like cause as a driver's license issued under this Code may | 3 | | be
cancelled, revoked, or suspended; except that a | 4 | | conviction upon one or more
offenses against laws or | 5 | | ordinances regulating the movement of traffic
shall be | 6 | | deemed sufficient cause for the revocation, suspension, or
| 7 | | cancellation of a restricted driving permit.
| 8 | | (d-5) The revocation of the license, permit, or driving | 9 | | privileges of a person convicted of a third or subsequent | 10 | | violation of Section 6-303 of this Code committed while his or | 11 | | her driver's license, permit, or privilege was revoked because | 12 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 13 | | the Criminal Code of 2012, relating to the offense of reckless | 14 | | homicide, or a similar provision of a law of another state, is | 15 | | permanent. The Secretary may not, at any time, issue a license | 16 | | or permit to that person.
| 17 | | (e) This Section is subject to the provisions of the Driver | 18 | | License
Compact.
| 19 | | (f) Any revocation imposed upon any person under | 20 | | subsections 2
and 3 of paragraph (b) that is in effect on | 21 | | December 31, 1988 shall be
converted to a suspension for a like | 22 | | period of time.
| 23 | | (g) The Secretary of State shall not issue a restricted | 24 | | driving permit to
a person under the age of 16 years whose | 25 | | driving privileges have been revoked
under any provisions of | 26 | | this Code.
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| 1 | | (h) The Secretary of State shall require the use of | 2 | | ignition interlock
devices on all vehicles owned by a person | 3 | | who has been convicted of a
second or subsequent offense under | 4 | | Section 11-501 of this Code or a similar
provision of a local | 5 | | ordinance. The person must pay to the Secretary of State DUI | 6 | | Administration Fund an amount not to exceed $30 for each month | 7 | | that he or she uses the device. The Secretary shall establish | 8 | | by rule and
regulation the procedures for certification and use | 9 | | of the interlock
system, the amount of the fee, and the | 10 | | procedures, terms, and conditions relating to these fees.
| 11 | | (i) (Blank).
| 12 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 13 | | State may not issue a restricted driving permit for the | 14 | | operation of a commercial motor vehicle to a person holding a | 15 | | CDL whose driving privileges have been revoked, suspended, | 16 | | cancelled, or disqualified under any provisions of this Code.
| 17 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 18 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 19 | | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | 20 | | 1-1-13; 97-1150, eff. 1-25-13.)
| 21 | | (625 ILCS 5/6-206)
| 22 | | Sec. 6-206. Discretionary authority to suspend or revoke | 23 | | license or
permit; Right to a hearing.
| 24 | | (a) The Secretary of State is authorized to suspend or | 25 | | revoke the
driving privileges of any person without preliminary |
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| 1 | | hearing upon a showing
of the person's records or other | 2 | | sufficient evidence that
the person:
| 3 | | 1. Has committed an offense for which mandatory | 4 | | revocation of
a driver's license or permit is required upon | 5 | | conviction;
| 6 | | 2. Has been convicted of not less than 3 offenses | 7 | | against traffic
regulations governing the movement of | 8 | | vehicles committed within any 12
month period. No | 9 | | revocation or suspension shall be entered more than
6 | 10 | | months after the date of last conviction;
| 11 | | 3. Has been repeatedly involved as a driver in motor | 12 | | vehicle
collisions or has been repeatedly convicted of | 13 | | offenses against laws and
ordinances regulating the | 14 | | movement of traffic, to a degree that
indicates lack of | 15 | | ability to exercise ordinary and reasonable care in
the | 16 | | safe operation of a motor vehicle or disrespect for the | 17 | | traffic laws
and the safety of other persons upon the | 18 | | highway;
| 19 | | 4. Has by the unlawful operation of a motor vehicle | 20 | | caused or
contributed to an accident resulting in injury | 21 | | requiring
immediate professional treatment in a medical | 22 | | facility or doctor's office
to any person, except that any | 23 | | suspension or revocation imposed by the
Secretary of State | 24 | | under the provisions of this subsection shall start no
| 25 | | later than 6 months after being convicted of violating a | 26 | | law or
ordinance regulating the movement of traffic, which |
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| 1 | | violation is related
to the accident, or shall start not | 2 | | more than one year
after
the date of the accident, | 3 | | whichever date occurs later;
| 4 | | 5. Has permitted an unlawful or fraudulent use of a | 5 | | driver's
license, identification card, or permit;
| 6 | | 6. Has been lawfully convicted of an offense or | 7 | | offenses in another
state, including the authorization | 8 | | contained in Section 6-203.1, which
if committed within | 9 | | this State would be grounds for suspension or revocation;
| 10 | | 7. Has refused or failed to submit to an examination | 11 | | provided for by
Section 6-207 or has failed to pass the | 12 | | examination;
| 13 | | 8. Is ineligible for a driver's license or permit under | 14 | | the provisions
of Section 6-103;
| 15 | | 9. Has made a false statement or knowingly concealed a | 16 | | material fact
or has used false information or | 17 | | identification in any application for a
license, | 18 | | identification card, or permit;
| 19 | | 10. Has possessed, displayed, or attempted to | 20 | | fraudulently use any
license, identification card, or | 21 | | permit not issued to the person;
| 22 | | 11. Has operated a motor vehicle upon a highway of this | 23 | | State when
the person's driving privilege or privilege to | 24 | | obtain a driver's license
or permit was revoked or | 25 | | suspended unless the operation was authorized by
a | 26 | | monitoring device driving permit, judicial driving permit |
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| 1 | | issued prior to January 1, 2009, probationary license to | 2 | | drive, or a restricted
driving permit issued under this | 3 | | Code;
| 4 | | 12. Has submitted to any portion of the application | 5 | | process for
another person or has obtained the services of | 6 | | another person to submit to
any portion of the application | 7 | | process for the purpose of obtaining a
license, | 8 | | identification card, or permit for some other person;
| 9 | | 13. Has operated a motor vehicle upon a highway of this | 10 | | State when
the person's driver's license or permit was | 11 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 12 | | 14. Has committed a violation of Section 6-301, | 13 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 14 | | of the Illinois Identification Card
Act;
| 15 | | 15. Has been convicted of violating Section 21-2 of the | 16 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 17 | | to criminal trespass to vehicles in which case, the | 18 | | suspension
shall be for one year;
| 19 | | 16. Has been convicted of violating Section 11-204 of | 20 | | this Code relating
to fleeing from a peace officer;
| 21 | | 17. Has refused to submit to a test, or tests, as | 22 | | required under Section
11-501.1 of this Code and the person | 23 | | has not sought a hearing as
provided for in Section | 24 | | 11-501.1;
| 25 | | 18. Has, since issuance of a driver's license or | 26 | | permit, been adjudged
to be afflicted with or suffering |
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| 1 | | from any mental disability or disease;
| 2 | | 19. Has committed a violation of paragraph (a) or (b) | 3 | | of Section 6-101
relating to driving without a driver's | 4 | | license;
| 5 | | 20. Has been convicted of violating Section 6-104 | 6 | | relating to
classification of driver's license;
| 7 | | 21. Has been convicted of violating Section 11-402 of
| 8 | | this Code relating to leaving the scene of an accident | 9 | | resulting in damage
to a vehicle in excess of $1,000, in | 10 | | which case the suspension shall be
for one year;
| 11 | | 22. Has used a motor vehicle in violating paragraph | 12 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 13 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 14 | | relating
to unlawful use of weapons, in which case the | 15 | | suspension shall be for one
year;
| 16 | | 23. Has, as a driver, been convicted of committing a | 17 | | violation of
paragraph (a) of Section 11-502 of this Code | 18 | | for a second or subsequent
time within one year of a | 19 | | similar violation;
| 20 | | 24. Has been convicted by a court-martial or punished | 21 | | by non-judicial
punishment by military authorities of the | 22 | | United States at a military
installation in Illinois or in | 23 | | another state of or for a traffic related offense that is | 24 | | the
same as or similar to an offense specified under | 25 | | Section 6-205 or 6-206 of
this Code;
| 26 | | 25. Has permitted any form of identification to be used |
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| 1 | | by another in
the application process in order to obtain or | 2 | | attempt to obtain a license,
identification card, or | 3 | | permit;
| 4 | | 26. Has altered or attempted to alter a license or has | 5 | | possessed an
altered license, identification card, or | 6 | | permit;
| 7 | | 27. Has violated Section 6-16 of the Liquor Control Act | 8 | | of 1934;
| 9 | | 28. Has been convicted for a first time of the illegal | 10 | | possession, while operating or
in actual physical control, | 11 | | as a driver, of a motor vehicle, of any
controlled | 12 | | substance prohibited under the Illinois Controlled | 13 | | Substances
Act, any cannabis prohibited under the Cannabis | 14 | | Control
Act, or any methamphetamine prohibited under the | 15 | | Methamphetamine Control and Community Protection Act, in | 16 | | which case the person's driving privileges shall be | 17 | | suspended for
one year.
Any defendant found guilty of this | 18 | | offense while operating a motor vehicle,
shall have an | 19 | | entry made in the court record by the presiding judge that
| 20 | | this offense did occur while the defendant was operating a | 21 | | motor vehicle
and order the clerk of the court to report | 22 | | the violation to the Secretary
of State;
| 23 | | 29. Has been convicted of the following offenses that | 24 | | were committed
while the person was operating or in actual | 25 | | physical control, as a driver,
of a motor vehicle: criminal | 26 | | sexual assault,
predatory criminal sexual assault of a |
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| 1 | | child,
aggravated criminal sexual
assault, criminal sexual | 2 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 3 | | soliciting for a juvenile prostitute, promoting juvenile | 4 | | prostitution as described in subdivision (a)(1), (a)(2), | 5 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 6 | | or the Criminal Code of 2012, and the manufacture, sale or
| 7 | | delivery of controlled substances or instruments used for | 8 | | illegal drug use
or abuse in which case the driver's | 9 | | driving privileges shall be suspended
for one year;
| 10 | | 30. Has been convicted a second or subsequent time for | 11 | | any
combination of the offenses named in paragraph 29 of | 12 | | this subsection,
in which case the person's driving | 13 | | privileges shall be suspended for 5
years;
| 14 | | 31. Has refused to submit to a test as
required by | 15 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 16 | | Registration and Safety Act or has submitted to a test | 17 | | resulting in
an alcohol concentration of 0.08 or more or | 18 | | any amount of a drug, substance, or
compound resulting from | 19 | | the unlawful use or consumption of cannabis as listed
in | 20 | | the Cannabis Control Act, a controlled substance as listed | 21 | | in the Illinois
Controlled Substances Act, an intoxicating | 22 | | compound as listed in the Use of
Intoxicating Compounds | 23 | | Act, or methamphetamine as listed in the Methamphetamine | 24 | | Control and Community Protection Act, in which case the | 25 | | penalty shall be
as prescribed in Section 6-208.1;
| 26 | | 32. Has been convicted of Section 24-1.2 of the |
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| 1 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 2 | | to the aggravated discharge of a firearm if the offender | 3 | | was
located in a motor vehicle at the time the firearm was | 4 | | discharged, in which
case the suspension shall be for 3 | 5 | | years;
| 6 | | 33. Has as a driver, who was less than 21 years of age | 7 | | on the date of
the offense, been convicted a first time of | 8 | | a violation of paragraph (a) of
Section 11-502 of this Code | 9 | | or a similar provision of a local ordinance;
| 10 | | 34. Has committed a violation of Section 11-1301.5 of | 11 | | this Code or a similar provision of a local ordinance;
| 12 | | 35. Has committed a violation of Section 11-1301.6 of | 13 | | this Code or a similar provision of a local ordinance;
| 14 | | 36. Is under the age of 21 years at the time of arrest | 15 | | and has been
convicted of not less than 2 offenses against | 16 | | traffic regulations governing
the movement of vehicles | 17 | | committed within any 24 month period. No revocation
or | 18 | | suspension shall be entered more than 6 months after the | 19 | | date of last
conviction;
| 20 | | 37. Has committed a violation of subsection (c) of | 21 | | Section 11-907 of this
Code that resulted in damage to the | 22 | | property of another or the death or injury of another;
| 23 | | 38. Has been convicted of a violation of Section 6-20 | 24 | | of the Liquor
Control Act of 1934 or a similar provision of | 25 | | a local ordinance;
| 26 | | 39. Has committed a second or subsequent violation of |
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| 1 | | Section
11-1201 of this Code;
| 2 | | 40. Has committed a violation of subsection (a-1) of | 3 | | Section 11-908 of
this Code; | 4 | | 41. Has committed a second or subsequent violation of | 5 | | Section 11-605.1 of this Code, a similar provision of a | 6 | | local ordinance, or a similar violation in any other state | 7 | | within 2 years of the date of the previous violation, in | 8 | | which case the suspension shall be for 90 days; | 9 | | 42. Has committed a violation of subsection (a-1) of | 10 | | Section 11-1301.3 of this Code or a similar provision of a | 11 | | local ordinance;
| 12 | | 43. Has received a disposition of court supervision for | 13 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 14 | | of the Liquor
Control Act of 1934 or a similar provision of | 15 | | a local ordinance, in which case the suspension shall be | 16 | | for a period of 3 months;
| 17 | | 44.
Is under the age of 21 years at the time of arrest | 18 | | and has been convicted of an offense against traffic | 19 | | regulations governing the movement of vehicles after | 20 | | having previously had his or her driving privileges
| 21 | | suspended or revoked pursuant to subparagraph 36 of this | 22 | | Section; | 23 | | 45.
Has, in connection with or during the course of a | 24 | | formal hearing conducted under Section 2-118 of this Code: | 25 | | (i) committed perjury; (ii) submitted fraudulent or | 26 | | falsified documents; (iii) submitted documents that have |
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| 1 | | been materially altered; or (iv) submitted, as his or her | 2 | | own, documents that were in fact prepared or composed for | 3 | | another person; | 4 | | 46. Has committed a violation of subsection (j) of | 5 | | Section 3-413 of this Code; or
| 6 | | 47. Has committed a violation of Section 11-502.1 of | 7 | | this Code. | 8 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 9 | | and 27 of this
subsection, license means any driver's license, | 10 | | any traffic ticket issued when
the person's driver's license is | 11 | | deposited in lieu of bail, a suspension
notice issued by the | 12 | | Secretary of State, a duplicate or corrected driver's
license, | 13 | | a probationary driver's license or a temporary driver's | 14 | | license. | 15 | | (b) If any conviction forming the basis of a suspension or
| 16 | | revocation authorized under this Section is appealed, the
| 17 | | Secretary of State may rescind or withhold the entry of the | 18 | | order of suspension
or revocation, as the case may be, provided | 19 | | that a certified copy of a stay
order of a court is filed with | 20 | | the Secretary of State. If the conviction is
affirmed on | 21 | | appeal, the date of the conviction shall relate back to the | 22 | | time
the original judgment of conviction was entered and the 6 | 23 | | month limitation
prescribed shall not apply.
| 24 | | (c) 1. Upon suspending or revoking the driver's license or | 25 | | permit of
any person as authorized in this Section, the | 26 | | Secretary of State shall
immediately notify the person in |
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| 1 | | writing of the revocation or suspension.
The notice to be | 2 | | deposited in the United States mail, postage prepaid,
to the | 3 | | last known address of the person.
| 4 | | 2. If the Secretary of State suspends the driver's license
| 5 | | of a person under subsection 2 of paragraph (a) of this | 6 | | Section, a
person's privilege to operate a vehicle as an | 7 | | occupation shall not be
suspended, provided an affidavit is | 8 | | properly completed, the appropriate fee
received, and a permit | 9 | | issued prior to the effective date of the
suspension, unless 5 | 10 | | offenses were committed, at least 2 of which occurred
while | 11 | | operating a commercial vehicle in connection with the driver's
| 12 | | regular occupation. All other driving privileges shall be | 13 | | suspended by the
Secretary of State. Any driver prior to | 14 | | operating a vehicle for
occupational purposes only must submit | 15 | | the affidavit on forms to be
provided by the Secretary of State | 16 | | setting forth the facts of the person's
occupation. The | 17 | | affidavit shall also state the number of offenses
committed | 18 | | while operating a vehicle in connection with the driver's | 19 | | regular
occupation. The affidavit shall be accompanied by the | 20 | | driver's license.
Upon receipt of a properly completed | 21 | | affidavit, the Secretary of State
shall issue the driver a | 22 | | permit to operate a vehicle in connection with the
driver's | 23 | | regular occupation only. Unless the permit is issued by the
| 24 | | Secretary of State prior to the date of suspension, the | 25 | | privilege to drive
any motor vehicle shall be suspended as set | 26 | | forth in the notice that was
mailed under this Section. If an |
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| 1 | | affidavit is received subsequent to the
effective date of this | 2 | | suspension, a permit may be issued for the remainder
of the | 3 | | suspension period.
| 4 | | The provisions of this subparagraph shall not apply to any | 5 | | driver
required to possess a CDL for the purpose of operating a | 6 | | commercial motor vehicle.
| 7 | | Any person who falsely states any fact in the affidavit | 8 | | required
herein shall be guilty of perjury under Section 6-302 | 9 | | and upon conviction
thereof shall have all driving privileges | 10 | | revoked without further rights.
| 11 | | 3. At the conclusion of a hearing under Section 2-118 of | 12 | | this Code,
the Secretary of State shall either rescind or | 13 | | continue an order of
revocation or shall substitute an order of | 14 | | suspension; or, good
cause appearing therefor, rescind, | 15 | | continue, change, or extend the
order of suspension. If the | 16 | | Secretary of State does not rescind the order,
the Secretary | 17 | | may upon application,
to relieve undue hardship (as defined by | 18 | | the rules of the Secretary of State), issue
a restricted | 19 | | driving permit granting the privilege of driving a motor
| 20 | | vehicle between the petitioner's residence and petitioner's | 21 | | place of
employment or within the scope of the petitioner's | 22 | | employment related duties, or to
allow the petitioner to | 23 | | transport himself or herself, or a family member of the
| 24 | | petitioner's household to a medical facility, to receive | 25 | | necessary medical care, to allow the petitioner to transport | 26 | | himself or herself to and from alcohol or drug
remedial or |
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| 1 | | rehabilitative activity recommended by a licensed service | 2 | | provider, or to allow the petitioner to transport himself or | 3 | | herself or a family member of the petitioner's household to | 4 | | classes, as a student, at an accredited educational | 5 | | institution, or to allow the petitioner to transport children, | 6 | | elderly persons, or disabled persons who do not hold driving | 7 | | privileges and are living in the petitioner's household to and | 8 | | from daycare. The
petitioner must demonstrate that no | 9 | | alternative means of
transportation is reasonably available | 10 | | and that the petitioner will not endanger
the public safety or | 11 | | welfare. Those multiple offenders identified in subdivision | 12 | | (b)4 of Section 6-208 of this Code, however, shall not be | 13 | | eligible for the issuance of a restricted driving permit.
| 14 | | (A) If a person's license or permit is revoked or | 15 | | suspended due to 2
or more convictions of violating Section | 16 | | 11-501 of this Code or a similar
provision of a local | 17 | | ordinance or a similar out-of-state offense, or Section 9-3 | 18 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 19 | | where the use of alcohol or other drugs is recited as an | 20 | | element of the offense, or a similar out-of-state offense, | 21 | | or a combination of these offenses, arising out
of separate | 22 | | occurrences, that person, if issued a restricted driving | 23 | | permit,
may not operate a vehicle unless it has been | 24 | | equipped with an ignition
interlock device as defined in | 25 | | Section 1-129.1.
| 26 | | (B) If a person's license or permit is revoked or |
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| 1 | | suspended 2 or more
times within a 10 year period due to | 2 | | any combination of: | 3 | | (i) a single conviction of violating Section
| 4 | | 11-501 of this Code or a similar provision of a local | 5 | | ordinance or a similar
out-of-state offense or Section | 6 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 7 | | of 2012, where the use of alcohol or other drugs is | 8 | | recited as an element of the offense, or a similar | 9 | | out-of-state offense; or | 10 | | (ii) a statutory summary suspension or revocation | 11 | | under Section
11-501.1; or | 12 | | (iii) a suspension under Section 6-203.1; | 13 | | arising out of
separate occurrences; that person, if issued | 14 | | a restricted driving permit, may
not operate a vehicle | 15 | | unless it has been
equipped with an ignition interlock | 16 | | device as defined in Section 1-129.1. | 17 | | (B-5) If a person's license or permit is revoked or | 18 | | suspended due to a conviction for a violation of | 19 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 20 | | of Section 11-501 of this Code, or a similar provision of a | 21 | | local ordinance or similar out-of-state offense, that | 22 | | person, if issued a restricted driving permit, may not | 23 | | operate a vehicle unless it has been equipped with an | 24 | | ignition interlock device as defined in Section 1-129.1. | 25 | | (C)
The person issued a permit conditioned upon the use | 26 | | of an ignition interlock device must pay to the Secretary |
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| 1 | | of State DUI Administration Fund an amount
not to exceed | 2 | | $30 per month. The Secretary shall establish by rule the | 3 | | amount
and the procedures, terms, and conditions relating | 4 | | to these fees. | 5 | | (D) If the
restricted driving permit is issued for | 6 | | employment purposes, then the prohibition against | 7 | | operating a motor vehicle that is not equipped with an | 8 | | ignition interlock device does not apply to the operation | 9 | | of an occupational vehicle owned or
leased by that person's | 10 | | employer when used solely for employment purposes. | 11 | | (E) In each case the Secretary may issue a
restricted | 12 | | driving permit for a period deemed appropriate, except that | 13 | | all
permits shall expire within one year from the date of | 14 | | issuance. The Secretary
may not, however, issue a | 15 | | restricted driving permit to any person whose current
| 16 | | revocation is the result of a second or subsequent | 17 | | conviction for a violation
of Section 11-501 of this Code | 18 | | or a similar provision of a local ordinance
or any similar | 19 | | out-of-state offense, or Section 9-3 of the Criminal Code | 20 | | of 1961 or the Criminal Code of 2012, where the use of | 21 | | alcohol or other drugs is recited as an element of the | 22 | | offense, or any similar out-of-state offense, or any | 23 | | combination
of those offenses, until the expiration of at | 24 | | least one year from the date of
the revocation. A
| 25 | | restricted driving permit issued under this Section shall | 26 | | be subject to
cancellation, revocation, and suspension by |
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| 1 | | the Secretary of State in like
manner and for like cause as | 2 | | a driver's license issued under this Code may be
cancelled, | 3 | | revoked, or suspended; except that a conviction upon one or | 4 | | more
offenses against laws or ordinances regulating the | 5 | | movement of traffic
shall be deemed sufficient cause for | 6 | | the revocation, suspension, or
cancellation of a | 7 | | restricted driving permit. The Secretary of State may, as
a | 8 | | condition to the issuance of a restricted driving permit, | 9 | | require the
applicant to participate in a designated driver | 10 | | remedial or rehabilitative
program. The Secretary of State | 11 | | is authorized to cancel a restricted
driving permit if the | 12 | | permit holder does not successfully complete the program.
| 13 | | (c-3) In the case of a suspension under paragraph 43 of | 14 | | subsection (a), reports received by the Secretary of State | 15 | | under this Section shall, except during the actual time the | 16 | | suspension is in effect, be privileged information and for use | 17 | | only by the courts, police officers, prosecuting authorities, | 18 | | the driver licensing administrator of any other state, the | 19 | | Secretary of State, or the parent or legal guardian of a driver | 20 | | under the age of 18. However, beginning January 1, 2008, if the | 21 | | person is a CDL holder, the suspension shall also be made | 22 | | available to the driver licensing administrator of any other | 23 | | state, the U.S. Department of Transportation, and the affected | 24 | | driver or motor
carrier or prospective motor carrier upon | 25 | | request.
| 26 | | (c-4) In the case of a suspension under paragraph 43 of |
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| 1 | | subsection (a), the Secretary of State shall notify the person | 2 | | by mail that his or her driving privileges and driver's license | 3 | | will be suspended one month after the date of the mailing of | 4 | | the notice.
| 5 | | (c-5) The Secretary of State may, as a condition of the | 6 | | reissuance of a
driver's license or permit to an applicant | 7 | | whose driver's license or permit has
been suspended before he | 8 | | or she reached the age of 21 years pursuant to any of
the | 9 | | provisions of this Section, require the applicant to | 10 | | participate in a
driver remedial education course and be | 11 | | retested under Section 6-109 of this
Code.
| 12 | | (d) This Section is subject to the provisions of the | 13 | | Drivers License
Compact.
| 14 | | (e) The Secretary of State shall not issue a restricted | 15 | | driving permit to
a person under the age of 16 years whose | 16 | | driving privileges have been suspended
or revoked under any | 17 | | provisions of this Code.
| 18 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 19 | | State may not issue a restricted driving permit for the | 20 | | operation of a commercial motor vehicle to a person holding a | 21 | | CDL whose driving privileges have been suspended, revoked, | 22 | | cancelled, or disqualified under any provisions of this Code. | 23 | | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; | 24 | | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; | 25 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. | 26 | | 1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff. |
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| 1 | | 7-16-14 .) | 2 | | (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | 3 | | Sec. 6-206.1. Monitoring Device Driving Permit. | 4 | | Declaration of Policy. It is hereby declared a policy of the
| 5 | | State of Illinois that the driver who is impaired by alcohol, | 6 | | other drug or
drugs, or intoxicating compound or compounds is a
| 7 | | threat to the public safety and welfare. Therefore, to
provide | 8 | | a deterrent to such practice, a statutory summary driver's | 9 | | license suspension is appropriate.
It is also recognized that | 10 | | driving is a privilege and therefore, that the granting of | 11 | | driving privileges, in a manner consistent with public
safety, | 12 | | is warranted during the period of suspension in the form of a | 13 | | monitoring device driving permit. A person who drives and fails | 14 | | to comply with the requirements of the monitoring device | 15 | | driving permit commits a violation of Section 6-303 of this | 16 | | Code. | 17 | | The following procedures shall apply whenever
a first | 18 | | offender, as defined in Section 11-500 of this Code, is | 19 | | arrested for any offense as defined in Section 11-501
or a | 20 | | similar provision of a local ordinance and is subject to the | 21 | | provisions of Section 11-501.1: | 22 | | (a) Upon mailing of the notice of suspension of driving | 23 | | privileges as provided in subsection (h) of Section 11-501.1 of | 24 | | this Code, the Secretary shall also send written notice | 25 | | informing the person that he or she will be issued a monitoring |
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| 1 | | device driving permit (MDDP). The notice shall include, at | 2 | | minimum, information summarizing the procedure to be followed | 3 | | for issuance of the MDDP, installation of the breath alcohol | 4 | | ignition installation device (BAIID), as provided in this | 5 | | Section, exemption from BAIID installation requirements, and | 6 | | procedures to be followed by those seeking indigent status, as | 7 | | provided in this Section. The notice shall also include | 8 | | information summarizing the procedure to be followed if the | 9 | | person wishes to decline issuance of the MDDP. A copy of the | 10 | | notice shall also be sent to the court of venue together with | 11 | | the notice of suspension of driving privileges, as provided in | 12 | | subsection (h) of Section 11-501. However, a MDDP shall not be | 13 | | issued if the Secretary finds that:
| 14 | | (1) the offender's driver's license is otherwise | 15 | | invalid; | 16 | | (2) death or great bodily harm to another resulted from | 17 | | the arrest for Section 11-501; | 18 | | (3) the offender has been previously convicted of | 19 | | reckless homicide or aggravated driving under the | 20 | | influence involving death; | 21 | | (4) the offender is less than 18 years of age; or | 22 | | (5) the offender is a qualifying patient licensed under | 23 | | the Compassionate Use of Medical Cannabis Pilot Program Act | 24 | | who is in possession of a valid registry card issued under | 25 | | that Act and refused to submit to standardized field | 26 | | sobriety tests as required by subsection (a) of Section |
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| 1 | | 11-501.9 or did submit to testing which disclosed the | 2 | | person was impaired by the use of cannabis. | 3 | | Any offender participating in the MDDP program must pay the | 4 | | Secretary a MDDP Administration Fee in an amount not to exceed | 5 | | $30 per month, to be deposited into the Monitoring Device | 6 | | Driving Permit Administration Fee Fund. The Secretary shall | 7 | | establish by rule the amount and the procedures, terms, and | 8 | | conditions relating to these fees. The offender must have an | 9 | | ignition interlock device installed within 14 days of the date | 10 | | the Secretary issues the MDDP. The ignition interlock device | 11 | | provider must notify the Secretary, in a manner and form | 12 | | prescribed by the Secretary, of the installation. If the | 13 | | Secretary does not receive notice of installation, the | 14 | | Secretary shall cancel the MDDP.
| 15 | | A MDDP shall not become effective prior to the 31st
day of | 16 | | the original statutory summary suspension. | 17 | | Upon receipt of the notice, as provided in paragraph (a) of | 18 | | this Section, the person may file a petition to decline | 19 | | issuance of the MDDP with the court of venue. The court shall | 20 | | admonish the offender of all consequences of declining issuance | 21 | | of the MDDP including, but not limited to, the enhanced | 22 | | penalties for driving while suspended. After being so | 23 | | admonished, the offender shall be permitted, in writing, to | 24 | | execute a notice declining issuance of the MDDP. This notice | 25 | | shall be filed with the court and forwarded by the clerk of the | 26 | | court to the Secretary. The offender may, at any time |
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| 1 | | thereafter, apply to the Secretary for issuance of a MDDP. | 2 | | (a-1) A person issued a MDDP may drive for any purpose and | 3 | | at any time, subject to the rules adopted by the Secretary | 4 | | under subsection (g). The person must, at his or her own | 5 | | expense, drive only vehicles equipped with an ignition | 6 | | interlock device as defined in Section 1-129.1, but in no event | 7 | | shall such person drive a commercial motor vehicle. | 8 | | (a-2) Persons who are issued a MDDP and must drive | 9 | | employer-owned vehicles in the course of their employment | 10 | | duties may seek permission to drive an employer-owned vehicle | 11 | | that does not have an ignition interlock device. The employer | 12 | | shall provide to the Secretary a form, as prescribed by the | 13 | | Secretary, completed by the employer verifying that the | 14 | | employee must drive an employer-owned vehicle in the course of | 15 | | employment. If approved by the Secretary, the form must be in | 16 | | the driver's possession while operating an employer-owner | 17 | | vehicle not equipped with an ignition interlock device. No | 18 | | person may use this exemption to drive a school bus, school | 19 | | vehicle, or a vehicle designed to transport more than 15 | 20 | | passengers. No person may use this exemption to drive an | 21 | | employer-owned motor vehicle that is owned by an entity that is | 22 | | wholly or partially owned by the person holding the MDDP, or by | 23 | | a family member of the person holding the MDDP. No person may | 24 | | use this exemption to drive an employer-owned vehicle that is | 25 | | made available to the employee for personal use. No person may | 26 | | drive the exempted vehicle more than 12 hours per day, 6 days |
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| 1 | | per week.
| 2 | | (a-3) Persons who are issued a MDDP and who must drive a | 3 | | farm tractor to and from a farm, within 50 air miles from the | 4 | | originating farm are exempt from installation of a BAIID on the | 5 | | farm tractor, so long as the farm tractor is being used for the | 6 | | exclusive purpose of conducting farm operations. | 7 | | (b) (Blank). | 8 | | (c) (Blank).
| 9 | | (c-1) If the holder of the MDDP is convicted of or receives | 10 | | court supervision for a violation of Section 6-206.2, 6-303, | 11 | | 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | 12 | | provision of a local ordinance or a similar out-of-state | 13 | | offense or is convicted of or receives court supervision for | 14 | | any offense for which alcohol or drugs is an element of the | 15 | | offense and in which a motor vehicle was involved (for an | 16 | | arrest other than the one for which the MDDP is issued), or | 17 | | de-installs the BAIID without prior authorization from the | 18 | | Secretary, the MDDP shall be cancelled. | 19 | | (c-5) If the Secretary determines that the person seeking | 20 | | the MDDP is indigent, the Secretary shall provide the person | 21 | | with a written document as evidence of that determination, and | 22 | | the person shall provide that written document to an ignition | 23 | | interlock device provider. The provider shall install an | 24 | | ignition interlock device on that person's vehicle without | 25 | | charge to the person, and seek reimbursement from the Indigent | 26 | | BAIID Fund.
If the Secretary has deemed an offender indigent, |
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| 1 | | the BAIID provider shall also provide the normal monthly | 2 | | monitoring services and the de-installation without charge to | 3 | | the offender and seek reimbursement from the Indigent BAIID | 4 | | Fund. Any other monetary charges, such as a lockout fee or | 5 | | reset fee, shall be the responsibility of the MDDP holder. A | 6 | | BAIID provider may not seek a security deposit from the | 7 | | Indigent BAIID Fund. | 8 | | (d) MDDP information
shall be available only to the courts, | 9 | | police officers, and the Secretary, except during the actual | 10 | | period the MDDP is valid, during which
time it shall be a | 11 | | public record. | 12 | | (e) (Blank). | 13 | | (f) (Blank). | 14 | | (g) The Secretary shall adopt rules for implementing this | 15 | | Section. The rules adopted shall address issues including, but | 16 | | not limited to: compliance with the requirements of the MDDP; | 17 | | methods for determining compliance with those requirements; | 18 | | the consequences of noncompliance with those requirements; | 19 | | what constitutes a violation of the MDDP; methods for | 20 | | determining indigency; and the duties of a person or entity | 21 | | that supplies the ignition interlock device. | 22 | | (h) The rules adopted under subsection (g) shall provide, | 23 | | at a minimum, that the person is not in compliance with the | 24 | | requirements of the MDDP if he or she: | 25 | | (1) tampers or attempts to tamper with or circumvent | 26 | | the proper operation of the ignition interlock device; |
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| 1 | | (2) provides valid breath samples that register blood | 2 | | alcohol levels in excess of the number of times allowed | 3 | | under the rules; | 4 | | (3) fails to provide evidence sufficient to satisfy the | 5 | | Secretary that the ignition interlock device has been | 6 | | installed in the designated vehicle or vehicles; or | 7 | | (4) fails to follow any other applicable rules adopted | 8 | | by the Secretary. | 9 | | (i) Any person or entity that supplies an ignition | 10 | | interlock device as provided under this Section shall, in | 11 | | addition to supplying only those devices which fully comply | 12 | | with all the rules adopted under subsection (g), provide the | 13 | | Secretary, within 7 days of inspection, all monitoring reports | 14 | | of each person who has had an ignition interlock device | 15 | | installed. These reports shall be furnished in a manner or form | 16 | | as prescribed by the Secretary. | 17 | | (j) Upon making a determination that a violation of the | 18 | | requirements of the MDDP has occurred, the Secretary shall | 19 | | extend the summary suspension period for an additional 3 months | 20 | | beyond the originally imposed summary suspension period, | 21 | | during which time the person shall only be allowed to drive | 22 | | vehicles equipped with an ignition interlock device; provided | 23 | | further there are no limitations on the total number of times | 24 | | the summary suspension may be extended. The Secretary may, | 25 | | however, limit the number of extensions imposed for violations | 26 | | occurring during any one monitoring period, as set forth by |
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| 1 | | rule. Any person whose summary suspension is extended pursuant | 2 | | to this Section shall have the right to contest the extension | 3 | | through a hearing with the Secretary, pursuant to Section 2-118 | 4 | | of this Code. If the summary suspension has already terminated | 5 | | prior to the Secretary receiving the monitoring report that | 6 | | shows a violation, the Secretary shall be authorized to suspend | 7 | | the person's driving privileges for 3 months, provided that the | 8 | | Secretary may, by rule, limit the number of suspensions to be | 9 | | entered pursuant to this paragraph for violations occurring | 10 | | during any one monitoring period. Any person whose license is | 11 | | suspended pursuant to this paragraph, after the summary | 12 | | suspension had already terminated, shall have the right to | 13 | | contest the suspension through a hearing with the Secretary, | 14 | | pursuant to Section 2-118 of this Code. The only permit the | 15 | | person shall be eligible for during this new suspension period | 16 | | is a MDDP. | 17 | | (k) A person who has had his or her summary suspension | 18 | | extended for the third time, or has any combination of 3 | 19 | | extensions and new suspensions, entered as a result of a | 20 | | violation that occurred while holding the MDDP, so long as the | 21 | | extensions and new suspensions relate to the same summary | 22 | | suspension, shall have his or her vehicle impounded for a | 23 | | period of 30 days, at the person's own expense. A person who | 24 | | has his or her summary suspension extended for the fourth time, | 25 | | or has any combination of 4 extensions and new suspensions, | 26 | | entered as a result of a violation that occurred while holding |
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| 1 | | the MDDP, so long as the extensions and new suspensions relate | 2 | | to the same summary suspension, shall have his or her vehicle | 3 | | subject to seizure and forfeiture. The Secretary shall notify | 4 | | the prosecuting authority of any third or fourth extensions or | 5 | | new suspension entered as a result of a violation that occurred | 6 | | while the person held a MDDP. Upon receipt of the notification, | 7 | | the prosecuting authority shall impound or forfeit the vehicle. | 8 | | The impoundment or forfeiture of a vehicle shall be conducted | 9 | | pursuant to the procedure specified in Article 36 of the | 10 | | Criminal Code of 2012. | 11 | | (l) A person whose driving privileges have been suspended | 12 | | under Section 11-501.1 of this Code and who had a MDDP that was | 13 | | cancelled, or would have been cancelled had notification of a | 14 | | violation been received prior to expiration of the MDDP, | 15 | | pursuant to subsection (c-1) of this Section, shall not be | 16 | | eligible for reinstatement when the summary suspension is | 17 | | scheduled to terminate. Instead, the person's driving | 18 | | privileges shall be suspended for a period of not less than | 19 | | twice the original summary suspension period, or for the length | 20 | | of any extensions entered under subsection (j), whichever is | 21 | | longer. During the period of suspension, the person shall be | 22 | | eligible only to apply for a restricted driving permit. If a | 23 | | restricted driving permit is granted, the offender may only | 24 | | operate vehicles equipped with a BAIID in accordance with this | 25 | | Section. | 26 | | (m) Any person or entity that supplies an ignition |
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| 1 | | interlock device under this Section shall, for each ignition | 2 | | interlock device installed, pay 5% of the total gross revenue | 3 | | received for the device, including monthly monitoring fees, | 4 | | into the Indigent BAIID Fund. This 5% shall be clearly | 5 | | indicated as a separate surcharge on each invoice that is | 6 | | issued. The Secretary shall conduct an annual review of the | 7 | | fund to determine whether the surcharge is sufficient to | 8 | | provide for indigent users. The Secretary may increase or | 9 | | decrease this surcharge requirement as needed. | 10 | | (n) Any person or entity that supplies an ignition | 11 | | interlock device under this Section that is requested to | 12 | | provide an ignition interlock device to a person who presents | 13 | | written documentation of indigency from the Secretary, as | 14 | | provided in subsection (c-5) of this Section, shall install the | 15 | | device on the person's vehicle without charge to the person and | 16 | | shall seek reimbursement from the Indigent BAIID Fund. | 17 | | (o) The Indigent BAIID Fund is created as a special fund in | 18 | | the State treasury. The Secretary shall, subject to | 19 | | appropriation by the General Assembly, use all money in the | 20 | | Indigent BAIID Fund to reimburse ignition interlock device | 21 | | providers who have installed devices in vehicles of indigent | 22 | | persons. The Secretary shall make payments to such providers | 23 | | every 3 months. If the amount of money in the fund at the time | 24 | | payments are made is not sufficient to pay all requests for | 25 | | reimbursement submitted during that 3 month period, the | 26 | | Secretary shall make payments on a pro-rata basis, and those |
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| 1 | | payments shall be considered payment in full for the requests | 2 | | submitted. | 3 | | (p) The Monitoring Device Driving Permit Administration | 4 | | Fee Fund is created as a special fund in the State treasury. | 5 | | The Secretary shall, subject to appropriation by the General | 6 | | Assembly, use the money paid into this fund to offset its | 7 | | administrative costs for administering MDDPs.
| 8 | | (q) The Secretary is authorized to prescribe such forms as | 9 | | it deems necessary to carry out the provisions of this Section. | 10 | | (Source: P.A. 97-229, eff. 7-28-11; 97-813, eff. 7-13-12; | 11 | | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1015, eff. | 12 | | 8-22-14; 98-1172, eff. 1-12-15.) | 13 | | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | 14 | | Sec. 6-208.1. Period of statutory summary alcohol, other | 15 | | drug,
or intoxicating compound related suspension or | 16 | | revocation. | 17 | | (a) Unless the statutory summary suspension has been | 18 | | rescinded, any
person whose privilege to drive a motor vehicle | 19 | | on the public highways has
been summarily suspended, pursuant | 20 | | to Section 11-501.1, shall not be
eligible for restoration of | 21 | | the privilege until the expiration of: | 22 | | 1. twelve months from the effective date of the | 23 | | statutory summary suspension
for a refusal or failure to | 24 | | complete a test or tests to determine the alcohol, other | 25 | | drug, or intoxicating compound concentration under
Section |
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| 1 | | 11-501.1, if the person was not involved in a motor vehicle | 2 | | accident that caused personal injury or death to another; | 3 | | or | 4 | | 2. six months from the effective date of the statutory | 5 | | summary
suspension imposed following the person's | 6 | | submission to a chemical test
which disclosed an alcohol | 7 | | concentration of 0.08 or more, or any
amount
of a
drug, | 8 | | substance, or intoxicating compound in such person's
| 9 | | breath, blood, or
urine resulting
from the unlawful use or | 10 | | consumption of cannabis listed in the Cannabis
Control Act, | 11 | | a controlled substance listed in the Illinois
Controlled
| 12 | | Substances Act, an intoxicating compound listed in the Use | 13 | | of Intoxicating
Compounds Act, or methamphetamine as | 14 | | listed in the Methamphetamine Control and Community | 15 | | Protection Act, pursuant to Section 11-501.1; or | 16 | | 3. three years from the effective date of the statutory | 17 | | summary suspension
for any person other than a first | 18 | | offender who refuses or fails to
complete a test or tests | 19 | | to determine the alcohol, drug, or
intoxicating
compound | 20 | | concentration
pursuant to Section 11-501.1; or | 21 | | 4. one year from the effective date of the summary | 22 | | suspension imposed
for any person other than a first | 23 | | offender following submission to a
chemical test which | 24 | | disclosed an alcohol concentration of 0.08 or
more
pursuant | 25 | | to Section 11-501.1 or any amount of a drug, substance or
| 26 | | compound in such person's blood or urine resulting from the |
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| 1 | | unlawful use or
consumption of cannabis listed in the | 2 | | Cannabis Control Act, a
controlled
substance listed in the | 3 | | Illinois Controlled Substances Act, an
intoxicating
| 4 | | compound listed in the Use of Intoxicating Compounds Act, | 5 | | or methamphetamine as listed in the Methamphetamine | 6 | | Control and Community Protection Act; or | 7 | | 5. (Blank). | 8 | | (b) Following a statutory summary suspension of the | 9 | | privilege to drive a
motor vehicle under Section 11-501.1, | 10 | | driving privileges shall be
restored unless the person is | 11 | | otherwise suspended, revoked, or cancelled by this Code. If
the | 12 | | court has reason to believe that the person's
driving privilege | 13 | | should not be restored, the court shall notify
the Secretary of | 14 | | State prior to the expiration of the statutory summary
| 15 | | suspension so appropriate action may be taken pursuant to this | 16 | | Code. | 17 | | (c) Driving privileges may not be restored until all | 18 | | applicable
reinstatement fees, as provided by this Code, have | 19 | | been paid to the Secretary
of State and the appropriate entry | 20 | | made to the driver's record. | 21 | | (d) Where a driving privilege has been summarily suspended | 22 | | or revoked under Section
11-501.1 and the person is | 23 | | subsequently convicted of violating Section
11-501, or a | 24 | | similar provision of a local ordinance, for the same incident,
| 25 | | any period served on statutory summary suspension or revocation | 26 | | shall be credited toward
the minimum period of revocation of |
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| 1 | | driving privileges imposed pursuant to
Section 6-205. | 2 | | (e) A first offender who refused chemical testing and whose | 3 | | driving privileges were summarily revoked pursuant to Section | 4 | | 11-501.1 shall not be eligible for a monitoring device driving | 5 | | permit, but may make application for reinstatement or for a | 6 | | restricted driving permit after a period of one year has | 7 | | elapsed from the effective date of the revocation. | 8 | | (f) (Blank). | 9 | | (g) (Blank). Following a statutory summary suspension of | 10 | | driving privileges
pursuant to Section 11-501.1 where the | 11 | | person was not a first offender, as
defined in Section 11-500, | 12 | | the Secretary of State may not issue a
restricted driving | 13 | | permit. | 14 | | (h) (Blank). | 15 | | (Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14; | 16 | | 98-1015, eff. 8-22-14; 98-1172, eff. 1-12-15.)
| 17 | | (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
| 18 | | Sec. 6-517. Commercial driver; implied consent warnings.
| 19 | | (a) Any person driving a commercial motor vehicle who is
| 20 | | requested by a police officer, pursuant to Section 6-516, to | 21 | | submit to a
chemical test or tests to determine the alcohol | 22 | | concentration
or any amount of a drug, substance, or compound | 23 | | resulting from the unlawful
use or consumption of cannabis | 24 | | listed in the Cannabis Control Act, a
controlled substance | 25 | | listed in the Illinois Controlled Substances Act, an |
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| 1 | | intoxicating compound listed in the Use of Intoxicating | 2 | | Compounds Act, or methamphetamine as listed in the | 3 | | Methamphetamine Control and Community Protection Act
in such | 4 | | person's system, must be warned by the police officer
| 5 | | requesting the
test or tests that a refusal to submit to the | 6 | | test or tests will result in that
person being immediately | 7 | | placed out-of-service for a period of 24 hours and
being | 8 | | disqualified from operating a commercial motor vehicle for a | 9 | | period of
not less than 12 months; the person shall also be | 10 | | warned that if
such person
submits to testing which discloses | 11 | | an alcohol concentration of greater than
0.00 but less than | 12 | | 0.04 or any amount of a drug, substance, or compound in
such
| 13 | | person's blood or urine resulting from the unlawful use or | 14 | | consumption of
cannabis listed in the Cannabis Control Act, a | 15 | | controlled substance listed in
the Illinois Controlled | 16 | | Substances Act, an intoxicating compound listed in the Use of | 17 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 18 | | Methamphetamine Control and Community Protection Act, such | 19 | | person shall be
placed immediately
out-of-service for a period | 20 | | of 24 hours; if the person submits to testing which
discloses | 21 | | an alcohol concentration of 0.04 or more or any amount of a | 22 | | drug,
substance, or compound in such person's blood or urine | 23 | | resulting
from the
unlawful use or consumption of cannabis | 24 | | listed in the Cannabis Control Act, a
controlled substance | 25 | | listed in the Illinois Controlled Substances Act,
an | 26 | | intoxicating compound listed in the Use of Intoxicating |
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| 1 | | Compounds Act, or methamphetamine as listed in the | 2 | | Methamphetamine Control and Community Protection Act, such
| 3 | | person shall be placed immediately out-of-service and | 4 | | disqualified from driving
a commercial motor vehicle for a | 5 | | period of at least 12 months; also the person
shall be warned | 6 | | that if such testing discloses an alcohol
concentration of | 7 | | 0.08, or more or any amount of a drug, substance,
or compound | 8 | | in such person's
blood or urine resulting from the unlawful use | 9 | | or consumption of cannabis
listed in the Cannabis Control Act, | 10 | | a controlled substance listed in the
Illinois Controlled | 11 | | Substances Act, an intoxicating compound listed in the Use of | 12 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 13 | | Methamphetamine Control and Community Protection Act, in | 14 | | addition to the person being immediately
placed out-of-service | 15 | | and disqualified for 12 months as provided in this UCDLA,
the | 16 | | results of such testing shall also be admissible in
| 17 | | prosecutions for
violations of Section 11-501 of this Code, or | 18 | | similar violations of local
ordinances, however, such results | 19 | | shall not be used to impose any
driving
sanctions pursuant to | 20 | | Section 11-501.1 of this Code.
| 21 | | The person shall also be warned that any disqualification | 22 | | imposed pursuant
to this Section, shall be for life for any | 23 | | such offense or refusal,
or combination thereof; including a | 24 | | conviction for violating Section 11-501
while driving a | 25 | | commercial motor vehicle, or similar provisions of local
| 26 | | ordinances, committed a second time involving separate |
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| 1 | | incidents.
| 2 | | A person requested to submit to a test shall also | 3 | | acknowledge, in writing, receipt of the warning required under | 4 | | this Section. If the person refuses to acknowledge receipt of | 5 | | the warning, the police officer shall make a written notation | 6 | | on the warning that the person refused to sign the warning. A | 7 | | person's refusal to sign the warning shall not be evidence that | 8 | | the person was not read the warning. | 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 or
urine resulting from the unlawful use | 13 | | or consumption of cannabis listed in the
Cannabis Control Act, | 14 | | a controlled substance listed in the Illinois
Controlled | 15 | | Substances Act, an intoxicating compound listed in the Use of | 16 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 17 | | Methamphetamine Control and Community Protection Act, the law | 18 | | enforcement officer must
submit a Sworn Report to the Secretary | 19 | | of State, in a form prescribed by
the Secretary, certifying | 20 | | that the test or tests was requested pursuant to
paragraph (a); | 21 | | that the person was warned, as provided in paragraph (a)
and | 22 | | that such person refused to submit to or failed to complete
| 23 | | testing, or
submitted to a test which disclosed an alcohol
| 24 | | concentration of 0.04 or more, or any amount of a drug, | 25 | | substance, or
compound in such person's blood or urine | 26 | | resulting from the unlawful use or
consumption of cannabis |
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| 1 | | listed in the Cannabis Control Act, a controlled
substance | 2 | | 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.
| 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 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 or urine collected | 19 | | at the time of the request,
the police officer shall give | 20 | | notice as provided in this Section or by
deposit in the United | 21 | | States mail of such notice as provided in
this
Section or by | 22 | | deposit in the United States mail of such notice in
an
envelope | 23 | | with postage prepaid and addressed to such person's
domiciliary
| 24 | | 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 5/11-501.1)
| 15 | | Sec. 11-501.1. Suspension of drivers license; statutory | 16 | | summary
alcohol, other drug or drugs, or intoxicating compound | 17 | | or
compounds related suspension or revocation; implied | 18 | | consent. | 19 | | (a) Any person who drives or is in actual physical control | 20 | | of a motor
vehicle upon the public highways of this State shall | 21 | | be deemed to have given
consent, subject to the provisions of | 22 | | Section 11-501.2, to a chemical test or
tests of blood, breath, | 23 | | or urine for the purpose of determining the content of
alcohol, | 24 | | other drug or drugs, or intoxicating compound or compounds or
| 25 | | any combination thereof in the person's blood if arrested,
as |
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| 1 | | evidenced by the issuance of a Uniform Traffic Ticket, for any | 2 | | offense
as defined in Section 11-501 or a similar provision of | 3 | | a local ordinance, or if arrested for violating Section 11-401.
| 4 | | If a law enforcement officer has probable cause to believe the | 5 | | person was under the influence of alcohol, other drug or drugs, | 6 | | intoxicating compound or compounds, or any combination | 7 | | thereof, the law enforcement officer shall request a chemical | 8 | | test or tests which shall be administered at the direction of | 9 | | the arresting
officer. The law enforcement agency employing the | 10 | | officer shall designate which
of the aforesaid tests shall be | 11 | | administered. A urine test may be administered
even after a | 12 | | blood or breath test or both has
been administered. For | 13 | | purposes of this Section, an Illinois law
enforcement officer | 14 | | of this State who is investigating the person for any
offense | 15 | | defined in Section 11-501 may travel into an adjoining state, | 16 | | where
the person has been transported for medical care, to | 17 | | complete an
investigation and to request that the person submit | 18 | | to the test or tests
set forth in this Section. The | 19 | | requirements of this Section that the
person be arrested are | 20 | | inapplicable, but the officer shall issue the person
a Uniform | 21 | | Traffic Ticket for an offense as defined in Section 11-501 or a
| 22 | | similar provision of a local ordinance prior to requesting that | 23 | | the person
submit to the test or tests. The issuance of the | 24 | | Uniform Traffic Ticket
shall not constitute an arrest, but | 25 | | shall be for the purpose of notifying
the person that he or she | 26 | | is subject to the provisions of this Section and
of the |
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| 1 | | officer's belief of the existence of probable cause to
arrest. | 2 | | Upon returning to this State, the officer shall file the | 3 | | Uniform
Traffic Ticket with the Circuit Clerk of the county | 4 | | where the offense was
committed, and shall seek the issuance of | 5 | | an arrest warrant or a summons
for the person. | 6 | | (a-5) (Blank). | 7 | | (b) Any person who is dead, unconscious, or who is | 8 | | otherwise in a condition
rendering the person incapable of | 9 | | refusal, shall be deemed not to have
withdrawn the consent | 10 | | provided by paragraph (a) of this Section and the test or
tests | 11 | | may be administered, subject to the provisions of Section | 12 | | 11-501.2. | 13 | | (c) A person requested to submit to a test as provided | 14 | | above shall
be warned by the law enforcement officer requesting | 15 | | the test that a
refusal to submit to the test will result in | 16 | | the statutory summary
suspension of the person's privilege to | 17 | | operate a motor vehicle, as provided
in Section 6-208.1 of this | 18 | | Code, and will also result in the disqualification of the | 19 | | person's privilege to operate a commercial motor vehicle, as | 20 | | provided in Section 6-514 of this Code, if the person is a CDL | 21 | | holder. The person shall also be warned that a refusal to | 22 | | submit to the test, when the person was involved in a motor | 23 | | vehicle accident that caused personal injury or death to | 24 | | another, will result in the statutory summary revocation of the | 25 | | person's privilege to operate a motor vehicle, as provided in | 26 | | Section 6-208.1, and will also result in the disqualification |
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| 1 | | of the person's privilege to operate a commercial motor | 2 | | vehicle, as provided in Section 6-514 of this Code, if the | 3 | | person is a CDL holder. The person shall also be warned by the | 4 | | law
enforcement officer that if the person submits to the test | 5 | | or tests
provided in paragraph (a) of this Section and the | 6 | | alcohol concentration in
the person's blood or breath is 0.08 | 7 | | or greater, or any amount of
a
drug, substance, or compound | 8 | | resulting from the unlawful use or consumption
of cannabis as | 9 | | covered by the Cannabis Control Act, a controlled
substance
| 10 | | listed in the Illinois Controlled Substances Act, an | 11 | | intoxicating compound
listed in the Use of Intoxicating | 12 | | Compounds Act, or methamphetamine as listed in the | 13 | | Methamphetamine Control and Community Protection Act is | 14 | | detected in the person's
blood or urine, a statutory summary | 15 | | suspension of the person's privilege to
operate a motor | 16 | | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| 17 | | Code, and a disqualification of
the person's privilege to | 18 | | operate a commercial motor vehicle, as provided in Section | 19 | | 6-514 of this Code, if the person is a CDL holder, will be | 20 | | imposed. | 21 | | A person who is under the age of 21 at the time the person | 22 | | is requested to
submit to a test as provided above shall, in | 23 | | addition to the warnings provided
for in this Section, be | 24 | | further warned by the law enforcement officer
requesting the | 25 | | test that if the person submits to the test or tests provided | 26 | | in
paragraph (a) of this Section and the alcohol concentration |
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| 1 | | in the person's
blood or breath is greater than 0.00 and less | 2 | | than 0.08, a
suspension of the
person's privilege to operate a | 3 | | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | 4 | | of this Code, will be imposed. The results of this test
shall | 5 | | be admissible in a civil or criminal action or proceeding | 6 | | arising from an
arrest for an offense as defined in Section | 7 | | 11-501 of this Code or a similar
provision of a local ordinance | 8 | | or pursuant to Section 11-501.4 in prosecutions
for reckless | 9 | | homicide brought under the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012. These test
results, however, shall be | 11 | | admissible only in actions or proceedings directly
related to | 12 | | the incident upon which the test request was made. | 13 | | A person requested to submit to a test shall also | 14 | | acknowledge, in writing, receipt of the warning required under | 15 | | this Section. If the person refuses to acknowledge receipt of | 16 | | the warning, the law enforcement officer shall make a written | 17 | | notation on the warning that the person refused to sign the | 18 | | warning. A person's refusal to sign the warning shall not be | 19 | | evidence that the person was not read the warning. | 20 | | (d) If the person refuses testing or submits to a test that | 21 | | discloses
an alcohol concentration of 0.08 or more, or any | 22 | | amount of a drug,
substance, or intoxicating compound in the | 23 | | person's breath, blood,
or urine resulting from the
unlawful | 24 | | use or consumption of cannabis listed in the Cannabis Control | 25 | | Act, a controlled substance listed in the Illinois Controlled | 26 | | Substances
Act, an intoxicating compound listed in the Use of |
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| 1 | | Intoxicating Compounds
Act, or methamphetamine as listed in the | 2 | | Methamphetamine Control and Community Protection Act, the law | 3 | | enforcement officer shall immediately submit a sworn report to
| 4 | | the
circuit court of venue and the Secretary of State, | 5 | | certifying that the test or
tests was or were requested under | 6 | | paragraph (a) and the person refused to
submit to a test, or | 7 | | tests, or submitted to testing that disclosed an alcohol
| 8 | | concentration of 0.08 or more. | 9 | | (e) Upon receipt of the sworn report of a law enforcement | 10 | | officer
submitted under paragraph (d), the Secretary of State | 11 | | shall enter the
statutory summary suspension or revocation and | 12 | | disqualification for the periods specified in Sections
6-208.1 | 13 | | and 6-514, respectively,
and effective as provided in paragraph | 14 | | (g). | 15 | | If the person is a first offender as defined in Section | 16 | | 11-500 of this
Code, and is not convicted of a violation of | 17 | | Section 11-501
of this Code or a similar provision of a local | 18 | | ordinance, then reports
received by the Secretary of State | 19 | | under this Section shall, except during
the actual time the | 20 | | Statutory Summary Suspension is in effect, be
privileged | 21 | | information and for use only by the courts, police officers,
| 22 | | prosecuting authorities or the Secretary of State, unless the | 23 | | person is a CDL holder, is operating a commercial motor vehicle | 24 | | or vehicle required to be placarded for hazardous materials, in | 25 | | which case the suspension shall not be privileged. Reports | 26 | | received by the Secretary of State under this Section shall |
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| 1 | | also be made available to the parent or guardian of a person | 2 | | under the age of 18 years that holds an instruction permit or a | 3 | | graduated driver's license, regardless of whether the | 4 | | statutory summary suspension is in effect. A statutory summary | 5 | | revocation shall not be privileged information. | 6 | | (f) The law enforcement officer submitting the sworn report | 7 | | under paragraph
(d) shall serve immediate notice of the | 8 | | statutory summary suspension or revocation on the
person and | 9 | | the suspension or revocation and disqualification shall be | 10 | | effective as provided in paragraph (g). | 11 | | (1) In
cases where the blood alcohol concentration of | 12 | | 0.08 or greater or
any amount of
a drug, substance, or | 13 | | compound resulting from the unlawful use or consumption
of | 14 | | cannabis as covered by the Cannabis Control Act, a | 15 | | controlled
substance
listed in the Illinois Controlled | 16 | | Substances Act,
an intoxicating compound
listed in the Use | 17 | | of Intoxicating Compounds Act, or methamphetamine as | 18 | | listed in the Methamphetamine Control and Community | 19 | | Protection Act is established by a
subsequent
analysis of | 20 | | blood or urine collected at the time of arrest, the | 21 | | arresting
officer or arresting agency shall give notice as | 22 | | provided in this Section or by
deposit in the United States | 23 | | mail of the notice in an envelope with postage
prepaid and | 24 | | addressed to the person at his address as shown on the | 25 | | Uniform
Traffic Ticket and the statutory summary | 26 | | suspension and disqualification shall begin as provided in
|
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| 1 | | paragraph (g). The officer shall confiscate any Illinois | 2 | | driver's license or
permit on the person at the time of | 3 | | arrest. If the person has a valid driver's
license or | 4 | | permit, the officer shall issue the person a receipt, in
a | 5 | | form prescribed by the Secretary of State, that will allow | 6 | | that person
to drive during the periods provided for in | 7 | | paragraph (g). The officer
shall immediately forward the | 8 | | driver's license or permit to the circuit
court of venue | 9 | | along with the sworn report provided for in
paragraph (d). | 10 | | (2) (Blank). | 11 | | (g) The statutory summary suspension or revocation and | 12 | | disqualification
referred to in this Section shall
take effect | 13 | | on the 46th day following the date the notice of the statutory
| 14 | | summary suspension or revocation was given to the person. | 15 | | (h) The following procedure shall apply
whenever a person | 16 | | is arrested for any offense as defined in Section 11-501
or a | 17 | | similar provision of a local ordinance: | 18 | | Upon receipt of the sworn report from the law enforcement | 19 | | officer,
the Secretary of State shall confirm the statutory | 20 | | summary suspension or revocation by
mailing a notice of the | 21 | | effective date of the suspension or revocation to the person | 22 | | and
the court of venue. The Secretary of State shall also mail | 23 | | notice of the effective date of the disqualification to the | 24 | | person. However, should the sworn report be defective by not
| 25 | | containing sufficient information or be completed in error, the
| 26 | | confirmation of the statutory summary suspension or revocation |
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| 1 | | shall not be mailed to the
person or entered to the record; | 2 | | instead, the sworn report shall
be
forwarded to the court of | 3 | | venue with a copy returned to the issuing agency
identifying | 4 | | any defect. | 5 | | (i) As used in this Section, "personal injury" includes any | 6 | | Type A injury as indicated on the traffic accident report | 7 | | completed by a law enforcement officer that requires immediate | 8 | | professional attention in either a doctor's office or a medical | 9 | | facility. A Type A injury includes severely bleeding wounds, | 10 | | distorted extremities, and injuries that require the injured | 11 | | party to be carried from the scene. | 12 | | (Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; | 13 | | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff. | 14 | | 1-12-15.) | 15 | | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| 16 | | Sec. 11-501.6. Driver involvement in personal injury or | 17 | | fatal motor
vehicle accident; chemical test. | 18 | | (a) Any person who drives or is in actual control of a | 19 | | motor vehicle
upon the public highways of this State and who | 20 | | has been involved in a
personal injury or fatal motor vehicle | 21 | | accident, shall be deemed to have
given consent to a breath | 22 | | test using a portable device as approved by the
Department of | 23 | | State Police or to a chemical test or tests
of blood, breath, | 24 | | or
urine for the purpose of determining the content of alcohol,
| 25 | | other
drug or drugs, or intoxicating compound or compounds of |
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| 1 | | such
person's blood if arrested as evidenced by the issuance of | 2 | | a Uniform Traffic
Ticket for any violation of the Illinois | 3 | | Vehicle Code or a similar provision of
a local ordinance, with | 4 | | the exception of equipment violations contained in
Chapter 12 | 5 | | of this Code, or similar provisions of local ordinances. The | 6 | | test
or tests shall be administered at the direction of the | 7 | | arresting officer. The
law enforcement agency employing the | 8 | | officer shall designate which of the
aforesaid tests shall be | 9 | | administered. A urine test may be administered even
after a | 10 | | blood or breath test or both has been administered. Compliance | 11 | | with
this Section does not relieve such person from the | 12 | | requirements of Section
11-501.1 of this Code. | 13 | | (b) Any person who is dead, unconscious or who is otherwise | 14 | | in a
condition rendering such person incapable of refusal shall | 15 | | be deemed not to
have withdrawn the consent provided by | 16 | | subsection (a) of this Section. In
addition, if a driver of a | 17 | | vehicle is receiving medical treatment as a
result of a motor | 18 | | vehicle accident, any physician licensed to practice
medicine, | 19 | | licensed physician assistant, licensed advanced practice | 20 | | nurse, registered nurse or a phlebotomist acting under the | 21 | | direction of
a licensed physician shall withdraw blood for | 22 | | testing purposes to ascertain
the presence of alcohol, other | 23 | | drug or drugs, or intoxicating
compound or compounds, upon the | 24 | | specific request of a law
enforcement officer. However, no such | 25 | | testing shall be performed until, in
the opinion of the medical | 26 | | personnel on scene, the withdrawal can be made
without |
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| 1 | | interfering with or endangering the 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 0.08 or more, | 6 | | or any amount of a drug, substance,
or intoxicating compound
| 7 | | resulting from the unlawful use or consumption of cannabis, as | 8 | | covered by the
Cannabis Control Act, a controlled substance | 9 | | listed in the Illinois
Controlled Substances Act, an | 10 | | intoxicating compound listed in the Use of
Intoxicating | 11 | | Compounds Act, or methamphetamine as listed in the | 12 | | Methamphetamine Control and Community Protection Act as | 13 | | detected in such person's blood or urine, may
result in the | 14 | | suspension of such person's privilege to operate a motor | 15 | | vehicle and may result in the disqualification of the person's | 16 | | privilege to operate a commercial motor vehicle, as provided in | 17 | | Section 6-514 of this Code, if the person is a CDL holder.
The | 18 | | length of the suspension shall be the same as outlined in | 19 | | Section
6-208.1 of this Code regarding statutory summary | 20 | | suspensions. | 21 | | A person requested to submit to a test shall also | 22 | | acknowledge, in writing, receipt of the warning required under | 23 | | this Section. If the person refuses to acknowledge receipt of | 24 | | the warning, the law enforcement officer shall make a written | 25 | | notation on the warning that the person refused to sign the | 26 | | warning. A person's refusal to sign the warning shall not be |
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| 1 | | evidence that the person was not read the warning. | 2 | | (d) If the person refuses testing or submits to a test | 3 | | which discloses
an alcohol concentration of 0.08 or more, or | 4 | | any amount of a drug,
substance,
or intoxicating compound in | 5 | | such person's blood or urine resulting from the
unlawful use or
| 6 | | consumption of cannabis listed in the Cannabis Control Act, a | 7 | | controlled
substance listed in the Illinois Controlled | 8 | | Substances Act, an
intoxicating
compound listed in the Use of | 9 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 10 | | Methamphetamine Control and Community Protection Act, the law
| 11 | | enforcement officer shall immediately submit a sworn report to | 12 | | the Secretary of
State on a form prescribed by the Secretary, | 13 | | certifying that the test or tests
were requested pursuant to | 14 | | subsection (a) and the person refused to submit to a
test or | 15 | | tests or submitted to testing which disclosed an alcohol | 16 | | concentration
of 0.08 or more, or any amount of a drug, | 17 | | substance, or intoxicating
compound
in such
person's blood or | 18 | | urine, resulting from the unlawful use or consumption of
| 19 | | cannabis listed in the Cannabis Control Act, a controlled | 20 | | substance
listed in
the Illinois Controlled Substances Act,
an | 21 | | intoxicating compound listed in
the Use of Intoxicating | 22 | | Compounds Act, or methamphetamine as listed in the | 23 | | Methamphetamine Control and Community Protection Act. | 24 | | Upon receipt of the sworn report of a law enforcement | 25 | | officer, the
Secretary shall enter the suspension and | 26 | | disqualification to 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. | 4 | | The law enforcement officer submitting the sworn report | 5 | | shall serve immediate
notice of this suspension on the person | 6 | | and such suspension and disqualification shall be effective
on | 7 | | the 46th day following the date notice was given. | 8 | | In cases where the blood alcohol concentration of 0.08 or | 9 | | more,
or any amount
of a drug, substance, or intoxicating | 10 | | compound resulting from the unlawful
use or
consumption of | 11 | | cannabis as listed in the Cannabis Control Act, a
controlled
| 12 | | substance listed in the Illinois Controlled Substances Act,
an
| 13 | | intoxicating
compound listed in the Use of Intoxicating | 14 | | Compounds Act, or methamphetamine as listed in the | 15 | | Methamphetamine Control and Community Protection Act, is | 16 | | established by a
subsequent analysis of blood or urine | 17 | | collected at the time of arrest, the
arresting officer shall | 18 | | give notice as provided in this Section or by deposit
in the | 19 | | United States mail of such notice in an envelope with postage | 20 | | prepaid
and addressed to such person at his address as shown on | 21 | | the Uniform Traffic
Ticket and the suspension and | 22 | | disqualification shall be effective on the 46th day following | 23 | | the date
notice was given. | 24 | | Upon receipt of the sworn report of a law enforcement | 25 | | officer, the Secretary
shall also give notice of the suspension | 26 | | and disqualification to the driver by mailing a notice of
the |
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| 1 | | effective date of the suspension and disqualification to the | 2 | | individual. However, should the
sworn report be defective by | 3 | | not containing sufficient information or be
completed in error, | 4 | | the notice of the suspension and disqualification shall not be | 5 | | mailed to the
person or entered to the driving record, but | 6 | | rather the sworn report shall be
returned to the issuing law | 7 | | enforcement agency. | 8 | | (e) A driver may contest this suspension of his or her
| 9 | | driving privileges and disqualification of his or her CDL | 10 | | privileges by
requesting an administrative hearing with the | 11 | | Secretary in accordance with
Section 2-118 of this Code. At the | 12 | | conclusion of a hearing held under
Section 2-118 of this Code, | 13 | | the Secretary may rescind, continue, or modify the
orders
of | 14 | | suspension and disqualification. If the Secretary does not | 15 | | rescind the orders of suspension and disqualification, a | 16 | | restricted
driving permit may be granted by the Secretary upon | 17 | | application being made and
good cause shown. A restricted | 18 | | driving permit may be granted to relieve undue
hardship to | 19 | | allow driving for employment, educational, and medical | 20 | | purposes as
outlined in Section 6-206 of this Code. The | 21 | | provisions of Section 6-206 of
this Code shall apply. In | 22 | | accordance with 49 C.F.R. 384, the Secretary of State may not | 23 | | issue a restricted driving permit for the operation of a | 24 | | commercial motor vehicle to a person holding a CDL whose | 25 | | driving privileges have been suspended, revoked, cancelled, or | 26 | | disqualified.
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| 1 | | (f) (Blank). | 2 | | (g) For the purposes of this Section, a personal injury | 3 | | shall include
any type A injury as indicated on the traffic | 4 | | accident report completed
by a law enforcement officer that | 5 | | requires immediate professional attention
in either a doctor's | 6 | | office or a medical facility. A type A injury shall
include | 7 | | severely bleeding wounds, distorted extremities, and injuries | 8 | | that
require the injured party to be carried from the scene. | 9 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11; | 10 | | 97-835, eff. 7-20-12.)
| 11 | | (625 ILCS 5/11-501.8)
| 12 | | Sec. 11-501.8. Suspension of driver's license; persons | 13 | | under age 21.
| 14 | | (a) A person who is less than 21 years of age and who | 15 | | drives or
is in actual physical control of a motor vehicle upon | 16 | | the
public highways of this State shall be deemed to have given | 17 | | consent to a
chemical test or tests of blood, breath, or urine | 18 | | for the purpose of
determining the alcohol content of the | 19 | | person's blood if arrested, as evidenced
by the issuance of a | 20 | | Uniform Traffic Ticket for any violation of the Illinois
| 21 | | Vehicle Code or a similar provision of a local ordinance, if a | 22 | | police officer
has probable cause to believe that the driver | 23 | | has consumed any amount of an
alcoholic beverage based upon | 24 | | evidence of the driver's physical condition or
other first hand | 25 | | knowledge of the police officer. The test or tests shall be
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| 1 | | administered at the direction of the arresting officer. The law | 2 | | enforcement
agency employing the officer shall designate which | 3 | | of the aforesaid tests shall
be administered. A urine test may | 4 | | be administered even after a blood or
breath test or both has | 5 | | been administered.
| 6 | | (b) A person who is dead, unconscious, or who is otherwise | 7 | | in a condition
rendering that person incapable of refusal, | 8 | | shall be deemed not to have
withdrawn the consent provided by | 9 | | paragraph (a) of this Section and the test or
tests may be | 10 | | administered subject to the following provisions:
| 11 | | (i) Chemical analysis of the person's blood, urine, | 12 | | breath, or
other bodily substance, to be considered valid | 13 | | under the provisions of this
Section, shall have been | 14 | | performed according to standards promulgated by the | 15 | | Department of State
Police
by an individual possessing a | 16 | | valid permit issued by that Department for this
purpose. | 17 | | The Director of State Police is authorized to approve | 18 | | satisfactory
techniques or methods, to ascertain the | 19 | | qualifications and competence of
individuals to conduct | 20 | | analyses, to issue permits that shall be subject to
| 21 | | termination or revocation at the direction of that | 22 | | Department, and to certify
the accuracy of breath testing | 23 | | equipment. The Department of
State Police shall prescribe | 24 | | regulations as necessary.
| 25 | | (ii) When a person submits to a blood test at the | 26 | | request of a law
enforcement officer under the provisions |
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| 1 | | of this Section, only a physician
authorized to practice | 2 | | medicine, a licensed physician assistant, a licensed | 3 | | advanced practice nurse, a registered nurse, or other | 4 | | qualified person
trained in venipuncture and acting under | 5 | | the direction of a licensed physician
may withdraw blood | 6 | | for the purpose of determining the alcohol content therein.
| 7 | | This limitation does not apply to the taking of breath or | 8 | | urine specimens.
| 9 | | (iii) The person tested may have a physician, qualified | 10 | | technician,
chemist, registered nurse, or other qualified | 11 | | person of his or her own choosing
administer a chemical | 12 | | test or tests in addition to any test or tests
administered | 13 | | at the direction of a law enforcement officer. The failure | 14 | | or
inability to obtain an additional test by a person shall | 15 | | not preclude the
consideration of the previously performed | 16 | | chemical test.
| 17 | | (iv) Upon a request of the person who submits to a | 18 | | chemical test or
tests at the request of a law enforcement | 19 | | officer, full information concerning
the test or tests | 20 | | shall be made available to the person or that person's
| 21 | | attorney.
| 22 | | (v) Alcohol concentration means either grams of | 23 | | alcohol per 100
milliliters of blood or grams of alcohol | 24 | | per 210 liters of breath.
| 25 | | (vi) If a driver is receiving medical treatment as a | 26 | | result of a motor
vehicle accident, a physician licensed to |
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| 1 | | practice medicine, licensed physician assistant, licensed | 2 | | advanced practice nurse, registered nurse,
or other | 3 | | qualified person trained in venipuncture and
acting under | 4 | | the direction of a licensed physician shall
withdraw blood | 5 | | for testing purposes to ascertain the presence of alcohol | 6 | | upon
the specific request of a law enforcement officer. | 7 | | However, that testing
shall not be performed until, in the | 8 | | opinion of the medical personnel on scene,
the withdrawal | 9 | | can be made without interfering with or endangering the
| 10 | | well-being of the patient.
| 11 | | (c) A person requested to submit to a test as provided | 12 | | above shall be warned
by the law enforcement officer requesting | 13 | | the test that a refusal to submit to
the test, or submission to | 14 | | the test resulting in an alcohol concentration of
more than | 15 | | 0.00, may result in the loss of that person's privilege to | 16 | | operate a
motor vehicle and may result in the disqualification | 17 | | of the person's privilege to operate a commercial motor | 18 | | vehicle, as provided in Section 6-514 of this Code, if the | 19 | | person is a CDL holder. The loss of driving privileges shall be | 20 | | imposed in accordance
with Section 6-208.2 of this Code.
| 21 | | A person requested to submit to a test shall also | 22 | | acknowledge, in writing, receipt of the warning required under | 23 | | this Section. If the person refuses to acknowledge receipt of | 24 | | the warning, the law enforcement officer shall make a written | 25 | | notation on the warning that the person refused to sign the | 26 | | warning. A person's refusal to sign the warning shall not be |
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| 1 | | evidence that the person was not read the warning. | 2 | | (d) If the person refuses testing or submits to a test that | 3 | | discloses an
alcohol concentration of more than 0.00, the law | 4 | | enforcement officer shall
immediately submit a sworn report to | 5 | | the Secretary of State on a form
prescribed by the Secretary of | 6 | | State, certifying that the test or tests were
requested under | 7 | | subsection (a) and the person refused to submit to a test
or | 8 | | tests or submitted to testing which disclosed an alcohol | 9 | | concentration of
more than 0.00. The law enforcement officer | 10 | | shall submit the same sworn report
when a person under the age | 11 | | of 21 submits to testing under Section
11-501.1 of this Code | 12 | | and the testing discloses an alcohol concentration of
more than | 13 | | 0.00 and less than 0.08.
| 14 | | Upon receipt of the sworn report of a law enforcement | 15 | | officer, the Secretary
of State shall enter the suspension and | 16 | | disqualification on the individual's driving
record and the | 17 | | suspension and disqualification shall be effective on the 46th | 18 | | day following the date
notice of the suspension was given to | 19 | | the person. If this suspension is the
individual's first | 20 | | driver's license suspension under this Section, reports
| 21 | | received by the Secretary of State under this Section shall, | 22 | | except during the
time the suspension is in effect, be | 23 | | privileged information and for use only by
the courts, police | 24 | | officers, prosecuting authorities, the Secretary of State,
or | 25 | | the individual personally, unless the person is a CDL holder, | 26 | | is operating a commercial motor vehicle or vehicle required to |
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| 1 | | be placarded for hazardous materials, in which case the | 2 | | suspension shall not be privileged.
Reports received by the | 3 | | Secretary of State under this Section shall also be made | 4 | | available to the parent or guardian of a person under the age | 5 | | of 18 years that holds an instruction permit or a graduated | 6 | | driver's license, regardless of whether the suspension is in | 7 | | effect.
| 8 | | The law enforcement officer submitting the sworn report | 9 | | shall serve immediate
notice of this suspension on the person | 10 | | and the suspension and disqualification shall
be effective on | 11 | | the 46th day following the date notice was given.
| 12 | | In cases where the blood alcohol concentration of more than | 13 | | 0.00 is
established by a subsequent analysis of blood or urine, | 14 | | the police officer or
arresting agency shall give notice as | 15 | | provided in this Section or by deposit
in the United States | 16 | | mail of that notice in an envelope with postage prepaid
and | 17 | | addressed to that person at his last known address and the loss | 18 | | of driving
privileges shall be effective on the 46th day | 19 | | following the date notice was
given.
| 20 | | Upon receipt of the sworn report of a law enforcement | 21 | | officer, the Secretary
of State shall also give notice of the | 22 | | suspension and disqualification to the driver
by mailing a | 23 | | notice of the effective date of the suspension and | 24 | | disqualification to the individual.
However, should the sworn | 25 | | report be defective by not containing sufficient
information or | 26 | | be completed in error, the notice of the suspension and |
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| 1 | | disqualification shall not be mailed to the person or entered | 2 | | to the driving record,
but rather the sworn report shall be | 3 | | returned to the issuing law enforcement
agency.
| 4 | | (e) A driver may contest this suspension and | 5 | | disqualification by requesting an
administrative hearing with | 6 | | the Secretary of State in accordance with Section
2-118 of this | 7 | | Code. An individual whose blood alcohol concentration is shown
| 8 | | to be more than 0.00 is not subject to this Section if he or she | 9 | | consumed
alcohol in the performance of a religious service or | 10 | | ceremony. An individual
whose blood alcohol concentration is | 11 | | shown to be more than 0.00 shall not be
subject to this Section | 12 | | if the individual's blood alcohol concentration
resulted only | 13 | | from ingestion of the prescribed or recommended dosage of
| 14 | | medicine that contained alcohol. The petition for that hearing | 15 | | shall not stay
or delay the effective date of the impending | 16 | | suspension. The scope of this
hearing shall be limited to the | 17 | | issues of:
| 18 | | (1) whether the police officer had probable cause to | 19 | | believe that the
person was driving or in actual physical | 20 | | control of a motor vehicle upon the
public highways of the | 21 | | State and the police officer had reason to believe that
the | 22 | | person was in violation of any provision of the Illinois | 23 | | Vehicle Code or a
similar provision of a local ordinance; | 24 | | and
| 25 | | (2) whether the person was issued a Uniform Traffic | 26 | | Ticket for any
violation of the Illinois Vehicle Code or a |
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| 1 | | similar provision of a local
ordinance; and
| 2 | | (3) whether the police officer had probable cause to | 3 | | believe that the
driver
had consumed any amount of an | 4 | | alcoholic beverage based upon the driver's
physical | 5 | | actions or other first-hand knowledge of the police | 6 | | officer; and
| 7 | | (4) whether the person, after being advised by the | 8 | | officer that the
privilege to operate a motor vehicle would | 9 | | be suspended if the person refused
to submit to and | 10 | | complete the test or tests, did refuse to submit to or
| 11 | | complete the test or tests to determine the person's | 12 | | alcohol concentration;
and
| 13 | | (5) whether the person, after being advised by the | 14 | | officer that the
privileges to operate a motor vehicle | 15 | | would be suspended if the person submits
to a chemical test | 16 | | or tests and the test or tests disclose an alcohol
| 17 | | concentration of more than 0.00, did submit to and
complete | 18 | | the
test or tests that determined an alcohol concentration | 19 | | of more than 0.00; and
| 20 | | (6) whether the test result of an alcohol concentration | 21 | | of more than 0.00
was based upon the person's consumption | 22 | | of alcohol in the performance of a
religious service or | 23 | | ceremony; and
| 24 | | (7) whether the test result of an alcohol concentration | 25 | | of more than 0.00
was based upon the person's consumption | 26 | | of alcohol through ingestion of the
prescribed or |
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| 1 | | recommended dosage of medicine.
| 2 | | At the conclusion of the hearing held under Section 2-118 | 3 | | of
this Code, the Secretary of State may rescind, continue, or | 4 | | modify the suspension and disqualification. If the Secretary of | 5 | | State does not rescind the suspension and disqualification, a
| 6 | | restricted driving permit may be granted by the Secretary of | 7 | | State upon
application being made and good cause shown. A | 8 | | restricted driving permit may be
granted to relieve undue | 9 | | hardship by allowing driving for employment,
educational, and | 10 | | medical purposes as outlined in item (3) of part (c) of
Section | 11 | | 6-206 of this Code. The provisions of item (3) of part (c) of | 12 | | Section
6-206 of this Code and of subsection (f) of that | 13 | | Section shall apply. The Secretary of State shall promulgate | 14 | | rules
providing for participation in an alcohol education and | 15 | | awareness program or
activity, a drug education and awareness | 16 | | program or activity, or both as a
condition to the issuance of | 17 | | a restricted driving permit for suspensions
imposed under this | 18 | | Section.
| 19 | | (f) The results of any chemical testing performed in | 20 | | accordance with
subsection (a) of this Section are not | 21 | | admissible in any civil or criminal
proceeding, except that the | 22 | | results of the testing may be considered at a
hearing held | 23 | | under Section 2-118 of this Code. However, the results of
the | 24 | | testing may not be used to impose driver's license sanctions | 25 | | under
Section 11-501.1 of this Code. A law enforcement officer | 26 | | may, however, pursue
a statutory summary suspension or |
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| 1 | | revocation of driving privileges under Section 11-501.1 of
this | 2 | | Code if other physical evidence or first hand knowledge forms | 3 | | the basis
of that suspension or revocation.
| 4 | | (g) This Section applies only to drivers who are under
age | 5 | | 21 at the time of the issuance of a Uniform Traffic Ticket for | 6 | | a
violation of the Illinois Vehicle Code or a similar provision | 7 | | of a local
ordinance, and a chemical test request is made under | 8 | | this Section.
| 9 | | (h) The action of the Secretary of State in suspending, | 10 | | revoking, cancelling, or
disqualifying any license or
permit | 11 | | shall be
subject to judicial review in the Circuit Court of | 12 | | Sangamon County or in the
Circuit Court of Cook County, and the | 13 | | provisions of the Administrative Review
Law and its rules are | 14 | | hereby adopted and shall apply to and govern every action
for | 15 | | the judicial review of final acts or decisions of the Secretary | 16 | | of State
under this Section.
| 17 | | (Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; | 18 | | 97-333, eff. 8-12-11; 97-450, eff. 8-19-11.)".
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