Full Text of SB3262 96th General Assembly
SB3262 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3262
Introduced 2/9/2010, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-501.1 |
from Ch. 95 1/2, par. 11-501.1 |
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Amends the Illinois Vehicle Code. Makes a technical change in a
Section concerning statutory summary suspensions.
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A BILL FOR
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SB3262 |
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LRB096 20448 AJT 36103 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-501.1 as follows:
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| (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
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| Sec. 11-501.1. Suspension of drivers license; statutory | 8 |
| summary
alcohol, other drug or drugs, or intoxicating compound | 9 |
| or
compounds related suspension; implied consent.
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| (a) Any person who drives or is in actual physical control | 11 |
| of a motor
vehicle upon the
the public highways of this State | 12 |
| shall be deemed to have given
consent, subject to the | 13 |
| provisions of Section 11-501.2, to a chemical test or
tests of | 14 |
| blood, breath, or urine for the purpose of determining the | 15 |
| content of
alcohol, other drug or drugs, or intoxicating | 16 |
| compound or compounds or
any combination thereof in the | 17 |
| person's blood if arrested,
as evidenced by the issuance of a | 18 |
| Uniform Traffic Ticket, for any offense
as defined in Section | 19 |
| 11-501 or a similar provision of a local ordinance, or if | 20 |
| arrested for violating Section 11-401.
The test or tests shall | 21 |
| be administered at the direction of the arresting
officer. The | 22 |
| law enforcement agency employing the officer shall designate | 23 |
| which
of the aforesaid tests shall be administered. A urine |
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LRB096 20448 AJT 36103 b |
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| test may be administered
even after a blood or breath test or | 2 |
| both has
been administered. For purposes of this Section, an | 3 |
| Illinois law
enforcement officer of this State who is | 4 |
| investigating the person for any
offense defined in Section | 5 |
| 11-501 may travel into an adjoining state, where
the person has | 6 |
| been transported for medical care, to complete an
investigation | 7 |
| and to request that the person submit to the test or tests
set | 8 |
| forth in this Section. The requirements of this Section that | 9 |
| the
person be arrested are inapplicable, but the officer shall | 10 |
| issue the person
a Uniform Traffic Ticket for an offense as | 11 |
| defined in Section 11-501 or a
similar provision of a local | 12 |
| ordinance prior to requesting that the person
submit to the | 13 |
| test or tests. The issuance of the Uniform Traffic Ticket
shall | 14 |
| not constitute an arrest, but shall be for the purpose of | 15 |
| notifying
the person that he or she is subject to the | 16 |
| provisions of this Section and
of the officer's belief of the | 17 |
| existence of probable cause to
arrest. Upon returning to this | 18 |
| State, the officer shall file the Uniform
Traffic Ticket with | 19 |
| the Circuit Clerk of the county where the offense was
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| committed, and shall seek the issuance of an arrest warrant or | 21 |
| a summons
for the person. | 22 |
| (b) Any person who is dead, unconscious, or who is | 23 |
| otherwise in a condition
rendering the person incapable of | 24 |
| refusal, shall be deemed not to have
withdrawn the consent | 25 |
| provided by paragraph (a) of this Section and the test or
tests | 26 |
| may be administered, subject to the provisions of Section |
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| 11-501.2.
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| (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 will result in | 5 |
| the statutory summary
suspension of the person's privilege to | 6 |
| operate a motor vehicle, as provided
in Section 6-208.1 of this | 7 |
| Code, and will also result in the disqualification of the | 8 |
| person's privilege to operate a commercial motor vehicle, as | 9 |
| provided in Section 6-514 of this Code, if the person is a CDL | 10 |
| holder. The person shall also be warned by the law
enforcement | 11 |
| officer that if the person submits to the test or tests
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| provided in paragraph (a) of this Section and the alcohol | 13 |
| concentration in
the person's blood or breath is 0.08 or | 14 |
| greater, or any amount of
a
drug, substance, or compound | 15 |
| resulting from the unlawful use or consumption
of cannabis as | 16 |
| covered by the Cannabis Control Act, a controlled
substance
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| listed in the Illinois Controlled Substances Act, an | 18 |
| intoxicating compound
listed in the Use of Intoxicating | 19 |
| Compounds Act, or methamphetamine as listed in the | 20 |
| Methamphetamine Control and Community Protection Act is | 21 |
| detected in the person's
blood or urine, a statutory summary | 22 |
| suspension of the person's privilege to
operate a motor | 23 |
| vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
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| Code, and a disqualification of
the person's privilege to | 25 |
| operate a commercial motor vehicle, as provided in Section | 26 |
| 6-514 of this Code, if the person is a CDL holder, will be |
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| imposed.
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| A person who is under the age of 21 at the time the person | 3 |
| is requested to
submit to a test as provided above shall, in | 4 |
| addition to the warnings provided
for in this Section, be | 5 |
| further warned by the law enforcement officer
requesting the | 6 |
| test that if the person submits to the test or tests provided | 7 |
| in
paragraph (a) of this Section and the alcohol concentration | 8 |
| in the person's
blood or breath is greater than 0.00 and less | 9 |
| than 0.08, a
suspension of the
person's privilege to operate a | 10 |
| motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | 11 |
| of this Code, will be imposed. The results of this test
shall | 12 |
| be admissible in a civil or criminal action or proceeding | 13 |
| arising from an
arrest for an offense as defined in Section | 14 |
| 11-501 of this Code or a similar
provision of a local ordinance | 15 |
| or pursuant to Section 11-501.4 in prosecutions
for reckless | 16 |
| homicide brought under the Criminal Code of 1961. These test
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| results, however, shall be admissible only in actions or | 18 |
| proceedings directly
related to the incident upon which the | 19 |
| test request was made.
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| (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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| 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
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| 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
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| concentration of 0.08 or more.
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| (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 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).
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| 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,
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| prosecuting authorities or the Secretary of State. However, | 23 |
| beginning January 1, 2008, if the person is a CDL holder, the | 24 |
| statutory summary suspension shall also be made available to | 25 |
| the driver licensing administrator of any other state, the U.S. | 26 |
| Department of Transportation, and the affected driver or motor |
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| carrier or prospective motor carrier upon request.
Reports | 2 |
| received by the Secretary of State under this Section shall | 3 |
| also be made available to the parent or guardian of a person | 4 |
| under the age of 18 years that holds an instruction permit or a | 5 |
| graduated driver's license, regardless of whether the | 6 |
| statutory summary suspension is in effect.
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| (f) The law enforcement officer submitting the sworn report | 8 |
| under paragraph
(d) shall serve immediate notice of the | 9 |
| statutory summary suspension on the
person and the suspension | 10 |
| and disqualification shall be effective as provided in | 11 |
| paragraph (g). In
cases where the blood alcohol concentration | 12 |
| of 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 controlled
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| substance
listed in the Illinois Controlled Substances Act,
an | 16 |
| intoxicating compound
listed in the Use of Intoxicating | 17 |
| Compounds Act, or methamphetamine as listed in the | 18 |
| Methamphetamine Control and Community Protection Act is | 19 |
| established by a
subsequent
analysis of blood or urine | 20 |
| collected at the time of arrest, the arresting
officer or | 21 |
| arresting agency shall give notice as provided in this Section | 22 |
| or by
deposit in the United States mail of the notice in an | 23 |
| envelope with postage
prepaid and addressed to the person at | 24 |
| his address as shown on the Uniform
Traffic Ticket and the | 25 |
| statutory summary suspension and disqualification shall begin | 26 |
| as provided in
paragraph (g). The officer shall confiscate any |
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| Illinois driver's license or
permit on the person at the time | 2 |
| of arrest. If the person has a valid driver's
license or | 3 |
| permit, the officer shall issue the person a receipt, in
a form | 4 |
| prescribed by the Secretary of State, that will allow that | 5 |
| person
to drive during the periods provided for in paragraph | 6 |
| (g). The officer
shall immediately forward the driver's license | 7 |
| or permit to the circuit
court of venue along with the sworn | 8 |
| report provided for in
paragraph (d).
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| (g) The statutory summary suspension and disqualification
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| referred to in this Section shall
take effect on the 46th day | 11 |
| following the date the notice of the statutory
summary | 12 |
| suspension was given to the person.
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| (h) The following procedure shall apply
whenever a person | 14 |
| is arrested for any offense as defined in Section 11-501
or a | 15 |
| similar provision of a local ordinance:
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| Upon receipt of the sworn report from the law enforcement | 17 |
| officer,
the Secretary of State shall confirm the statutory | 18 |
| summary suspension by
mailing a notice of the effective date of | 19 |
| the suspension to the person and
the court of venue. The | 20 |
| Secretary of State shall also mail notice of the effective date | 21 |
| of the disqualification to the person. However, should the | 22 |
| sworn report be defective by not
containing sufficient | 23 |
| information or be completed in error, the
confirmation of the | 24 |
| statutory summary suspension shall not be mailed to the
person | 25 |
| or entered to the record; instead, the sworn report shall
be
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| forwarded to the court of venue with a copy returned to the |
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| issuing agency
identifying any defect.
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| (Source: P.A. 94-115, eff. 1-1-06; 95-201, eff. 1-1-08; 95-382, | 3 |
| eff. 8-23-07; 95-876, eff. 8-21-08.)
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