Full Text of HB5976 99th General Assembly
HB5976 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5976 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: |
|
625 ILCS 5/6-106.1a |
|
625 ILCS 5/6-517 | from Ch. 95 1/2, par. 6-517 |
625 ILCS 5/11-501.1 | |
625 ILCS 5/11-501.6 | from Ch. 95 1/2, par. 11-501.6 | 625 ILCS 5/11-501.8 | |
|
Amends the Illinois Vehicle Code. Provides that if effectuating a written acknowledgment from a person requested to submit to a test for driving under the influence of drugs or alcohol would pose a clear and imminent risk of great bodily harm to the officer, the person requested, or another person, the officer shall document the incident in a police report in lieu of acquiring a written acknowledgement. Provides that if a person requested to submit to a test is incapacitated or unconscious, the officer shall make a written notation that the person was unable to acknowledge in writing and document the incident in a police report.
|
| |
| | A BILL FOR |
|
| | | HB5976 | | LRB099 16446 RJF 40779 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 6-106.1a, 6-517, 11-501.1, 11-501.6, and 11-501.8 as | 6 | | 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 | 17 | | students in grade 12 or below, in connection with any activity | 18 | | of
the entities listed, upon the public highways of this State | 19 | | shall be
deemed to have given consent to a chemical test or | 20 | | tests of blood, breath, or
urine for the purpose of determining | 21 | | the alcohol content of the person's blood
if arrested, as | 22 | | evidenced
by the issuance of a Uniform Traffic Ticket for any | 23 | | violation of this
Code or a similar provision of a local |
| | | HB5976 | - 2 - | LRB099 16446 RJF 40779 b |
|
| 1 | | ordinance, if a police officer
has probable cause to believe | 2 | | that the driver has consumed any amount of an
alcoholic | 3 | | beverage based upon evidence of the driver's physical condition
| 4 | | or other first hand knowledge of the police officer. The test | 5 | | or tests shall
be administered at the direction of the | 6 | | arresting officer. The law enforcement
agency employing the | 7 | | officer shall designate which of the aforesaid tests shall
be | 8 | | administered. A urine test may be administered even after a | 9 | | blood or breath
test or both has been administered.
| 10 | | (b) A person who is dead, unconscious, or who is otherwise | 11 | | in a condition
rendering that person incapable of refusal, | 12 | | shall be deemed not to have
withdrawn the consent provided by | 13 | | paragraph (a) of this Section and the test or
tests may be | 14 | | administered subject to the following provisions:
| 15 | | (1) Chemical analysis of the person's blood, urine, | 16 | | breath, or
other substance,
to be considered valid under | 17 | | the provisions of this Section, shall have been
performed | 18 | | according to standards promulgated by the Department of | 19 | | State Police by an
individual
possessing a valid permit | 20 | | issued by the Department of State Police for this
purpose. | 21 | | The
Director of State Police is authorized to approve | 22 | | satisfactory techniques
or
methods, to ascertain the | 23 | | qualifications and competence of individuals to
conduct | 24 | | analyses, to issue
permits that shall be subject to | 25 | | termination or revocation at the direction of
the | 26 | | Department of State Police, and to certify the
accuracy of |
| | | HB5976 | - 3 - | LRB099 16446 RJF 40779 b |
|
| 1 | | breath testing
equipment. The
Department of State Police | 2 | | shall prescribe rules as
necessary.
| 3 | | (2) When a person submits to a blood test at the | 4 | | request of a law
enforcement officer under the provisions | 5 | | of this Section, only a physician
authorized to practice | 6 | | medicine, a licensed physician assistant, a licensed | 7 | | advanced practice nurse, a registered nurse, or other | 8 | | qualified person
trained in venipuncture and acting under | 9 | | the direction of a licensed physician
may withdraw blood | 10 | | for the purpose of determining the alcohol content.
This | 11 | | limitation does not apply to the taking of breath or urine | 12 | | specimens.
| 13 | | (3) The person tested may have a physician, qualified | 14 | | technician, chemist,
registered nurse, or other qualified | 15 | | person of his or her own choosing
administer a chemical | 16 | | test or tests in addition to any test or tests
administered | 17 | | at the direction of a law enforcement officer. The test
| 18 | | administered at the request of the person may be admissible | 19 | | into evidence at a
hearing conducted in accordance with | 20 | | Section 2-118 of this Code. The failure
or inability to | 21 | | obtain an additional test by a person shall not preclude | 22 | | the
consideration of the previously performed chemical | 23 | | test.
| 24 | | (4) Upon a request of the person who submits to a | 25 | | chemical test or tests
at the request of a law enforcement | 26 | | officer, full information concerning the
test or tests |
| | | HB5976 | - 4 - | LRB099 16446 RJF 40779 b |
|
| 1 | | shall be made available to the person or that person's
| 2 | | attorney by the requesting law enforcement agency within 72 | 3 | | hours of receipt of
the test result.
| 4 | | (5) Alcohol concentration means either grams of | 5 | | alcohol per 100
milliliters of blood or grams of alcohol | 6 | | per 210 liters of breath.
| 7 | | (6) If a driver is receiving medical treatment as a | 8 | | result of a motor
vehicle accident, a physician licensed to | 9 | | practice medicine, licensed physician assistant, licensed | 10 | | advanced practice nurse, registered nurse,
or other | 11 | | qualified person trained in venipuncture and acting under | 12 | | the
direction of a
licensed physician shall withdraw blood | 13 | | for testing purposes to ascertain the
presence of alcohol | 14 | | upon the specific request of a law enforcement officer.
| 15 | | However, that testing shall not be performed until, in the | 16 | | opinion of the
medical personnel on scene, the withdrawal | 17 | | can be made without interfering with
or endangering the | 18 | | well-being of the patient.
| 19 | | (c) A person requested to submit to a test as provided in | 20 | | this Section shall
be warned
by the law enforcement officer | 21 | | requesting the test that a refusal to submit to
the test, or
| 22 | | submission to the test resulting in an alcohol concentration of | 23 | | more than 0.00,
may result
in the loss of that person's | 24 | | privilege to possess a school bus driver
permit. The loss of | 25 | | the individual's privilege to possess a school bus driver
| 26 | | permit shall be imposed in accordance with Section 6-106.1b of |
| | | HB5976 | - 5 - | LRB099 16446 RJF 40779 b |
|
| 1 | | this Code. A person requested to submit to a test under this | 2 | | Section shall also acknowledge, in writing, receipt of the | 3 | | warning required under this subsection (c). If the person | 4 | | refuses to acknowledge receipt of the warning, the law | 5 | | enforcement officer shall make a written notation on the | 6 | | warning that the person refused to sign the warning. A person's | 7 | | refusal to sign the warning shall not be evidence that the | 8 | | person was not read the warning. If effectuating a written | 9 | | acknowledgment from a person requested to submit to a test | 10 | | under this Section would pose a clear and imminent risk of | 11 | | great bodily harm to the officer, the person requested, or | 12 | | another person, the officer shall document the incident in a | 13 | | police report in lieu of acquiring a written acknowledgement. | 14 | | If a person requested to submit to a test is incapacitated or | 15 | | unconscious, the officer shall make a written notation that the | 16 | | person was unable to acknowledge in writing and document the | 17 | | incident in a police report.
| 18 | | (d) If the person refuses testing or submits to a test that | 19 | | discloses an
alcohol concentration of more than 0.00, the law | 20 | | enforcement officer shall
immediately submit a sworn report to | 21 | | the Secretary of State on a form
prescribed by the Secretary of | 22 | | State certifying that the test or tests were
requested under | 23 | | subsection (a) and the person refused to submit to a test or
| 24 | | tests or submitted to testing which disclosed an alcohol | 25 | | concentration of more
than 0.00. The law enforcement officer | 26 | | shall submit the same sworn report when
a person who has been |
| | | HB5976 | - 6 - | LRB099 16446 RJF 40779 b |
|
| 1 | | issued a school bus driver permit and who was operating a
| 2 | | school bus or any other vehicle owned
or operated by or for a | 3 | | public or private school, or a school operated by a
religious | 4 | | institution, when the vehicle is being used over a regularly
| 5 | | scheduled route for the transportation of persons enrolled as | 6 | | students in grade
12 or below, in connection with
any activity | 7 | | of the entities listed, submits to testing under Section | 8 | | 11-501.1
of this Code and the testing discloses an alcohol | 9 | | concentration of more than
0.00 and less than the alcohol | 10 | | concentration at which driving or being in
actual physical | 11 | | control of a motor vehicle is prohibited under paragraph (1) of
| 12 | | subsection (a) of Section 11-501.
| 13 | | Upon receipt of the sworn report of a law enforcement | 14 | | officer, the Secretary
of State shall enter the school bus | 15 | | driver permit sanction on the
individual's driving record and | 16 | | the sanction shall be effective on the
46th day following the | 17 | | date notice of the sanction was given to the person.
| 18 | | The law enforcement officer submitting the sworn report | 19 | | shall serve immediate
notice of this school bus driver permit | 20 | | sanction on the person and the sanction
shall be effective on | 21 | | the 46th day following the date notice was given.
| 22 | | In cases where the blood alcohol concentration of more than | 23 | | 0.00 is
established by a subsequent analysis of blood or urine, | 24 | | the police officer or
arresting agency shall give notice as | 25 | | provided in this Section or by deposit in
the United States | 26 | | mail of that notice in an envelope with postage prepaid and
|
| | | HB5976 | - 7 - | LRB099 16446 RJF 40779 b |
|
| 1 | | addressed to that person at his or her last known address and | 2 | | the loss of the
school
bus driver permit shall be effective on | 3 | | the 46th day following the date notice
was given.
| 4 | | Upon receipt of the sworn report of a law enforcement | 5 | | officer, the Secretary
of State shall also give notice of the | 6 | | school bus driver permit sanction to the
driver and the | 7 | | driver's current employer by mailing a notice of the effective
| 8 | | date of the sanction to the individual. However, shall the | 9 | | sworn report be
defective by not containing sufficient | 10 | | information or be completed in error,
the notice of the school | 11 | | bus driver permit sanction may not be mailed to the
person or | 12 | | his current employer or entered to the driving record,
but | 13 | | rather the sworn report shall be returned to the issuing law | 14 | | enforcement
agency.
| 15 | | (e) A driver may contest this school bus driver permit | 16 | | sanction by
requesting an administrative hearing with the | 17 | | Secretary of State in accordance
with Section 2-118 of this | 18 | | Code. An individual whose blood alcohol
concentration is shown | 19 | | to be more than 0.00 is not subject to this Section if
he or she | 20 | | consumed alcohol in the performance of a religious service or
| 21 | | ceremony. An individual whose blood alcohol concentration is | 22 | | shown to be more
than 0.00 shall not be subject to this Section | 23 | | if the individual's blood
alcohol concentration resulted only | 24 | | from ingestion of the prescribed or
recommended dosage of | 25 | | medicine that contained alcohol. The petition for that
hearing | 26 | | shall not stay or delay the effective date of the impending |
| | | HB5976 | - 8 - | LRB099 16446 RJF 40779 b |
|
| 1 | | suspension.
The scope of this hearing shall be limited to the | 2 | | issues of:
| 3 | | (1) whether the police officer had probable cause to | 4 | | believe that the
person was driving or in actual physical | 5 | | control of a school bus
or any other vehicle owned or | 6 | | operated by or for a
public or private school, or a
school | 7 | | operated by a religious institution, when the vehicle is | 8 | | being used
over a regularly scheduled route for the | 9 | | transportation of persons enrolled as
students in grade 12 | 10 | | or below, in connection with any activity of the entities
| 11 | | listed, upon the public highways of the State and the | 12 | | police officer had reason
to believe that the person was in | 13 | | violation of any provision of this
Code or a similar | 14 | | provision of a local ordinance; and
| 15 | | (2) whether the person was issued a Uniform Traffic | 16 | | Ticket for any
violation of this Code or a similar | 17 | | provision of a local
ordinance; and
| 18 | | (3) whether the police officer had probable cause to | 19 | | believe that the
driver had
consumed any amount of an | 20 | | alcoholic beverage based upon the driver's
physical | 21 | | actions or other first-hand knowledge of the police | 22 | | officer; and
| 23 | | (4) whether the person, after being advised by the | 24 | | officer that the
privilege to possess a school bus driver | 25 | | permit would be canceled if the person
refused to submit to | 26 | | and complete the test or tests, did refuse to submit to or
|
| | | HB5976 | - 9 - | LRB099 16446 RJF 40779 b |
|
| 1 | | complete the test or tests to determine the person's | 2 | | alcohol concentration; and
| 3 | | (5) whether the person, after being advised by the | 4 | | officer that the
privileges to possess a school bus driver | 5 | | permit would be canceled if the
person submits to a | 6 | | chemical test or tests and the test or tests disclose an
| 7 | | alcohol concentration of more than 0.00 and
the person did | 8 | | submit to and complete the test or tests that determined an
| 9 | | alcohol concentration of more than 0.00; and
| 10 | | (6) whether the test result of an alcohol concentration | 11 | | of more than 0.00
was based upon the person's consumption | 12 | | of alcohol in the performance of a
religious service or | 13 | | ceremony; and
| 14 | | (7) whether the test result of an alcohol concentration | 15 | | of more than 0.00
was based upon the person's consumption | 16 | | of alcohol through ingestion of the
prescribed or | 17 | | recommended dosage of medicine.
| 18 | | The Secretary of State may adopt administrative rules | 19 | | setting forth
circumstances under which the holder of a school | 20 | | bus driver permit is not
required to
appear in
person at the | 21 | | hearing.
| 22 | | Provided that the petitioner may subpoena the officer, the | 23 | | hearing may be
conducted upon a review of the law enforcement | 24 | | officer's own official
reports. Failure of the officer to | 25 | | answer the subpoena shall be grounds for a
continuance if, in | 26 | | the hearing officer's discretion, the continuance is
|
| | | HB5976 | - 10 - | LRB099 16446 RJF 40779 b |
|
| 1 | | appropriate. At the conclusion of the hearing held under | 2 | | Section 2-118 of this
Code, the Secretary of State may rescind, | 3 | | continue, or modify
the school bus driver permit sanction.
| 4 | | (f) The results of any chemical testing performed in | 5 | | accordance with
subsection (a) of this Section are not | 6 | | admissible in any civil or criminal
proceeding, except that the | 7 | | results
of the testing may be considered at a hearing held | 8 | | under Section 2-118 of this
Code. However, the results of the | 9 | | testing may not be used to impose
driver's license sanctions | 10 | | under Section 11-501.1 of this Code. A law
enforcement officer | 11 | | may, however, pursue a statutory summary suspension or | 12 | | revocation of
driving privileges under Section 11-501.1 of this | 13 | | Code if other physical
evidence or first hand knowledge forms | 14 | | the basis of that suspension or revocation.
| 15 | | (g) This Section applies only to drivers who have been | 16 | | issued a school bus
driver permit in accordance with Section | 17 | | 6-106.1 of this Code at the time of
the issuance of the Uniform | 18 | | Traffic Ticket for a violation of this
Code or a similar | 19 | | provision of a local ordinance, and a chemical test
request is | 20 | | made under this Section.
| 21 | | (h) The action of the Secretary of State in suspending, | 22 | | revoking, canceling,
or denying any license, permit, | 23 | | registration, or certificate of title shall be
subject to | 24 | | judicial review in the Circuit Court of Sangamon County or in | 25 | | the
Circuit Court of Cook County, and the provisions of the | 26 | | Administrative Review
Law and its rules are hereby adopted and |
| | | HB5976 | - 11 - | LRB099 16446 RJF 40779 b |
|
| 1 | | shall apply to and govern every
action for the judicial review | 2 | | of final acts or decisions of the Secretary of
State under this | 3 | | Section.
| 4 | | (Source: P.A. 99-467, eff. 1-1-16 .)
| 5 | | (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
| 6 | | Sec. 6-517. Commercial driver; implied consent warnings.
| 7 | | (a) Any person driving a commercial motor vehicle who is
| 8 | | requested by a police officer, pursuant to Section 6-516, to | 9 | | submit to a
chemical test or tests to determine the alcohol | 10 | | concentration
or any amount of a drug, substance, or compound | 11 | | resulting from the unlawful
use or consumption of cannabis | 12 | | listed in the Cannabis Control Act, a
controlled substance | 13 | | listed in the Illinois Controlled Substances Act, an | 14 | | intoxicating compound listed in the Use of Intoxicating | 15 | | Compounds Act, or methamphetamine as listed in the | 16 | | Methamphetamine Control and Community Protection Act
in such | 17 | | person's system, must be warned by the police officer
| 18 | | requesting the
test or tests that a refusal to submit to the | 19 | | test or tests will result in that
person being immediately | 20 | | placed out-of-service for a period of 24 hours and
being | 21 | | disqualified from operating a commercial motor vehicle for a | 22 | | period of
not less than 12 months; the person shall also be | 23 | | warned that if
such person
submits to testing which discloses | 24 | | an alcohol concentration of greater than
0.00 but less than | 25 | | 0.04 or any amount of a drug, substance, or compound in
such
|
| | | HB5976 | - 12 - | LRB099 16446 RJF 40779 b |
|
| 1 | | person's blood or urine resulting from the unlawful use or | 2 | | consumption of
cannabis listed in the Cannabis Control Act, a | 3 | | controlled substance listed in
the Illinois Controlled | 4 | | Substances Act, an intoxicating compound listed in the Use of | 5 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 6 | | Methamphetamine Control and Community Protection Act, such | 7 | | person shall be
placed immediately
out-of-service for a period | 8 | | of 24 hours; if the person submits to testing which
discloses | 9 | | an alcohol concentration of 0.04 or more or any amount of a | 10 | | drug,
substance, or compound in such person's blood or urine | 11 | | resulting
from the
unlawful use or consumption of cannabis | 12 | | listed in the Cannabis Control Act, a
controlled substance | 13 | | listed in the Illinois Controlled Substances Act,
an | 14 | | intoxicating compound listed in the Use of Intoxicating | 15 | | Compounds Act, or methamphetamine as listed in the | 16 | | Methamphetamine Control and Community Protection Act, such
| 17 | | person shall be placed immediately out-of-service and | 18 | | disqualified from driving
a commercial motor vehicle for a | 19 | | period of at least 12 months; also the person
shall be warned | 20 | | that if such testing discloses an alcohol
concentration of | 21 | | 0.08, or more or any amount of a drug, substance,
or compound | 22 | | in such person's
blood or urine resulting from the unlawful use | 23 | | or consumption of cannabis
listed in the Cannabis Control Act, | 24 | | a controlled substance listed in the
Illinois Controlled | 25 | | Substances Act, an intoxicating compound listed in the Use of | 26 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
| | | HB5976 | - 13 - | LRB099 16446 RJF 40779 b |
|
| 1 | | Methamphetamine Control and Community Protection Act, in | 2 | | addition to the person being immediately
placed out-of-service | 3 | | and disqualified for 12 months as provided in this UCDLA,
the | 4 | | results of such testing shall also be admissible in
| 5 | | prosecutions for
violations of Section 11-501 of this Code, or | 6 | | similar violations of local
ordinances, however, such results | 7 | | shall not be used to impose any
driving
sanctions pursuant to | 8 | | Section 11-501.1 of this Code.
| 9 | | The person shall also be warned that any disqualification | 10 | | imposed pursuant
to this Section, shall be for life for any | 11 | | such offense or refusal,
or combination thereof; including a | 12 | | conviction for violating Section 11-501
while driving a | 13 | | commercial motor vehicle, or similar provisions of local
| 14 | | ordinances, committed a second time involving separate | 15 | | incidents.
| 16 | | A person requested to submit to a test shall also | 17 | | acknowledge, in writing, receipt of the warning required under | 18 | | this Section. If the person refuses to acknowledge receipt of | 19 | | the warning, the police officer shall make a written notation | 20 | | on the warning that the person refused to sign the warning. A | 21 | | person's refusal to sign the warning shall not be evidence that | 22 | | the person was not read the warning. If effectuating a written | 23 | | acknowledgment from a person requested to submit to a test | 24 | | would pose a clear and imminent risk of great bodily harm to | 25 | | the officer, the person requested, or another person, the | 26 | | officer shall document the incident in a police report in lieu |
| | | HB5976 | - 14 - | LRB099 16446 RJF 40779 b |
|
| 1 | | of acquiring a written acknowledgement. If a person requested | 2 | | to submit to a test is incapacitated or unconscious, the | 3 | | officer shall make a written notation that the person was | 4 | | unable to acknowledge in writing and document the incident in a | 5 | | police report. | 6 | | (b) If the person refuses or fails to complete testing, or | 7 | | submits to a
test which discloses an alcohol concentration of | 8 | | at least 0.04,
or any amount of a drug, substance, or compound | 9 | | in such person's
blood or
urine resulting from the unlawful use | 10 | | or 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 of | 13 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 14 | | Methamphetamine Control and Community Protection Act, the law | 15 | | enforcement officer must
submit a Sworn Report to the Secretary | 16 | | of State, in a form prescribed by
the Secretary, certifying | 17 | | that the test or tests was requested pursuant to
paragraph (a); | 18 | | that the person was warned, as provided in paragraph (a)
and | 19 | | that such person refused to submit to or failed to complete
| 20 | | testing, or
submitted to a test which disclosed an alcohol
| 21 | | concentration of 0.04 or more, or any amount of a drug, | 22 | | 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 |
| | | HB5976 | - 15 - | LRB099 16446 RJF 40779 b |
|
| 1 | | Compounds Act, or methamphetamine as listed in the | 2 | | Methamphetamine Control and Community Protection Act.
| 3 | | (c) The police officer submitting the Sworn Report under | 4 | | this Section
shall serve notice of the CDL disqualification on | 5 | | the person and
such CDL
disqualification shall be effective as | 6 | | provided in paragraph (d). In cases
where the blood alcohol | 7 | | concentration of 0.04 or more,
or any amount of a drug, | 8 | | substance, or
compound in such person's blood or urine | 9 | | resulting from the
unlawful use or
consumption of cannabis | 10 | | listed in the Cannabis Control Act, a controlled
substance | 11 | | listed in the Illinois Controlled Substances Act, an | 12 | | intoxicating compound listed in the Use of Intoxicating | 13 | | Compounds Act, or methamphetamine as listed in the | 14 | | Methamphetamine Control and Community Protection Act, is | 15 | | established by
subsequent analysis of blood or urine collected | 16 | | at the time of the request,
the police officer shall give | 17 | | notice as provided in this Section or by
deposit in the United | 18 | | States mail of such notice as provided in
this
Section or by | 19 | | deposit in the United States mail of such notice in
an
envelope | 20 | | with postage prepaid and addressed to such person's
domiciliary
| 21 | | address as shown on the Sworn Report and the CDL | 22 | | disqualification shall
begin as provided in paragraph (d).
| 23 | | (d) The CDL disqualification referred to in this Section | 24 | | shall take
effect on the 46th day following the date the Sworn | 25 | | Report was given to the
affected person.
| 26 | | (e) Upon receipt of the Sworn Report from the police |
| | | HB5976 | - 16 - | LRB099 16446 RJF 40779 b |
|
| 1 | | officer, the
Secretary of State shall disqualify the person | 2 | | from driving any commercial
motor vehicle and shall confirm the | 3 | | CDL disqualification by mailing the
notice of the effective | 4 | | date to the person. However, should the Sworn
Report be | 5 | | defective by not containing sufficient information or be
| 6 | | completed in error, the confirmation of the CDL | 7 | | disqualification shall not
be mailed to the affected person or | 8 | | entered into the record, instead the
Sworn Report shall be | 9 | | forwarded to the issuing
agency identifying any such defect.
| 10 | | (Source: P.A. 99-467, eff. 1-1-16 .)
| 11 | | (625 ILCS 5/11-501.1)
| 12 | | Sec. 11-501.1. Suspension of drivers license; statutory | 13 | | summary
alcohol, other drug or drugs, or intoxicating compound | 14 | | or
compounds related suspension or revocation; implied | 15 | | consent. | 16 | | (a) Any person who drives or is in actual physical control | 17 | | of a motor
vehicle upon the public highways of this State shall | 18 | | be deemed to have given
consent, subject to the provisions of | 19 | | Section 11-501.2, to a chemical test or
tests of blood, breath, | 20 | | or urine for the purpose of determining the content of
alcohol, | 21 | | other drug or drugs, or intoxicating compound or compounds or
| 22 | | any combination thereof in the person's blood if arrested,
as | 23 | | evidenced by the issuance of a Uniform Traffic Ticket, for any | 24 | | offense
as defined in Section 11-501 or a similar provision of | 25 | | a local ordinance, or if arrested for violating Section 11-401.
|
| | | HB5976 | - 17 - | LRB099 16446 RJF 40779 b |
|
| 1 | | If a law enforcement officer has probable cause to believe the | 2 | | person was under the influence of alcohol, other drug or drugs, | 3 | | intoxicating compound or compounds, or any combination | 4 | | thereof, the law enforcement officer shall request a chemical | 5 | | test or tests which shall be administered at the direction of | 6 | | the arresting
officer. The law enforcement agency employing the | 7 | | officer shall designate which
of the aforesaid tests shall be | 8 | | administered. A urine test may be administered
even after a | 9 | | blood or breath test or both has
been administered. For | 10 | | purposes of this Section, an Illinois law
enforcement officer | 11 | | of this State who is investigating the person for any
offense | 12 | | defined in Section 11-501 may travel into an adjoining state, | 13 | | where
the person has been transported for medical care, to | 14 | | complete an
investigation and to request that the person submit | 15 | | to the test or tests
set forth in this Section. The | 16 | | requirements of this Section that the
person be arrested are | 17 | | inapplicable, but the officer shall issue the person
a Uniform | 18 | | Traffic Ticket for an offense as defined in Section 11-501 or a
| 19 | | similar provision of a local ordinance prior to requesting that | 20 | | the person
submit to the test or tests. The issuance of the | 21 | | Uniform Traffic Ticket
shall not constitute an arrest, but | 22 | | shall be for the purpose of notifying
the person that he or she | 23 | | is subject to the provisions of this Section and
of the | 24 | | officer's belief of the existence of probable cause to
arrest. | 25 | | Upon returning to this State, the officer shall file the | 26 | | Uniform
Traffic Ticket with the Circuit Clerk of the county |
| | | HB5976 | - 18 - | LRB099 16446 RJF 40779 b |
|
| 1 | | where the offense was
committed, and shall seek the issuance of | 2 | | an arrest warrant or a summons
for the person. | 3 | | (a-5) (Blank). | 4 | | (b) Any person who is dead, unconscious, or who is | 5 | | otherwise in a condition
rendering the person incapable of | 6 | | refusal, shall be deemed not to have
withdrawn the consent | 7 | | provided by paragraph (a) of this Section and the test or
tests | 8 | | may be administered, subject to the provisions of Section | 9 | | 11-501.2. | 10 | | (c) A person requested to submit to a test as provided | 11 | | above shall
be warned by the law enforcement officer requesting | 12 | | the test that a
refusal to submit to the test will result in | 13 | | the statutory summary
suspension of the person's privilege to | 14 | | operate a motor vehicle, as provided
in Section 6-208.1 of this | 15 | | Code, and will also result in the disqualification of the | 16 | | person's privilege to operate a commercial motor vehicle, as | 17 | | provided in Section 6-514 of this Code, if the person is a CDL | 18 | | holder. The person shall also be warned that a refusal to | 19 | | submit to the test, when the person was involved in a motor | 20 | | vehicle accident that caused personal injury or death to | 21 | | another, will result in the statutory summary revocation of the | 22 | | person's privilege to operate a motor vehicle, as provided in | 23 | | Section 6-208.1, and will also result in the disqualification | 24 | | of the person's privilege to operate a commercial motor | 25 | | vehicle, as provided in Section 6-514 of this Code, if the | 26 | | person is a CDL holder. The person shall also be warned by the |
| | | HB5976 | - 19 - | LRB099 16446 RJF 40779 b |
|
| 1 | | law
enforcement officer that if the person submits to the test | 2 | | or tests
provided in paragraph (a) of this Section and the | 3 | | alcohol concentration in
the person's blood or breath is 0.08 | 4 | | or greater, or any amount of
a
drug, substance, or compound | 5 | | resulting from the unlawful use or consumption
of cannabis as | 6 | | covered by the Cannabis Control Act, a controlled
substance
| 7 | | listed in the Illinois Controlled Substances Act, an | 8 | | intoxicating compound
listed in the Use of Intoxicating | 9 | | Compounds Act, or methamphetamine as listed in the | 10 | | Methamphetamine Control and Community Protection Act is | 11 | | detected in the person's
blood or urine, a statutory summary | 12 | | suspension of the person's privilege to
operate a motor | 13 | | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| 14 | | Code, and a disqualification of
the person's privilege to | 15 | | operate a commercial motor vehicle, as provided in Section | 16 | | 6-514 of this Code, if the person is a CDL holder, will be | 17 | | imposed. | 18 | | A person who is under the age of 21 at the time the person | 19 | | is requested to
submit to a test as provided above shall, in | 20 | | addition to the warnings provided
for in this Section, be | 21 | | further warned by the law enforcement officer
requesting the | 22 | | test that if the person submits to the test or tests provided | 23 | | in
paragraph (a) of this Section and the alcohol concentration | 24 | | in the person's
blood or breath is greater than 0.00 and less | 25 | | than 0.08, a
suspension of the
person's privilege to operate a | 26 | | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 |
| | | HB5976 | - 20 - | LRB099 16446 RJF 40779 b |
|
| 1 | | of this Code, will be imposed. The results of this test
shall | 2 | | be admissible in a civil or criminal action or proceeding | 3 | | arising from an
arrest for an offense as defined in Section | 4 | | 11-501 of this Code or a similar
provision of a local ordinance | 5 | | or pursuant to Section 11-501.4 in prosecutions
for reckless | 6 | | homicide brought under the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012. These test
results, however, shall be | 8 | | admissible only in actions or proceedings directly
related to | 9 | | the incident upon which the test request was made. | 10 | | A person requested to submit to a test shall also | 11 | | acknowledge, in writing, receipt of the warning required under | 12 | | this Section. If the person refuses to acknowledge receipt of | 13 | | the warning, the law enforcement officer shall make a written | 14 | | notation on the warning that the person refused to sign the | 15 | | warning. A person's refusal to sign the warning shall not be | 16 | | evidence that the person was not read the warning. If | 17 | | effectuating a written acknowledgment from a person requested | 18 | | to submit to a test would pose a clear and imminent risk of | 19 | | great bodily harm to the officer, the person requested, or | 20 | | another person, the officer shall document the incident in a | 21 | | police report in lieu of acquiring a written acknowledgement. | 22 | | If a person requested to submit to a test is incapacitated or | 23 | | unconscious, the officer shall make a written notation that the | 24 | | person was unable to acknowledge in writing and document the | 25 | | incident in a police report. | 26 | | (d) If the person refuses testing or submits to a test that |
| | | HB5976 | - 21 - | LRB099 16446 RJF 40779 b |
|
| 1 | | discloses
an alcohol concentration of 0.08 or more, or any | 2 | | amount of a drug,
substance, or intoxicating compound in the | 3 | | person's breath, blood,
or urine resulting from the
unlawful | 4 | | use or consumption of cannabis listed in the Cannabis Control | 5 | | Act, a controlled substance listed in the Illinois Controlled | 6 | | Substances
Act, an intoxicating compound listed in the Use of | 7 | | Intoxicating Compounds
Act, or methamphetamine as listed in the | 8 | | Methamphetamine Control and Community Protection Act, the law | 9 | | enforcement officer shall immediately submit a sworn report to
| 10 | | the
circuit court of venue and the Secretary of State, | 11 | | certifying that the test or
tests was or were requested under | 12 | | paragraph (a) and the person refused to
submit to a test, or | 13 | | tests, or submitted to testing that disclosed an alcohol
| 14 | | concentration of 0.08 or more. | 15 | | (e) Upon receipt of the sworn report of a law enforcement | 16 | | officer
submitted under paragraph (d), the Secretary of State | 17 | | shall enter the
statutory summary suspension or revocation and | 18 | | disqualification for the periods specified in Sections
6-208.1 | 19 | | and 6-514, respectively,
and effective as provided in paragraph | 20 | | (g). | 21 | | If the person is a first offender as defined in Section | 22 | | 11-500 of this
Code, and is not convicted of a violation of | 23 | | Section 11-501
of this Code or a similar provision of a local | 24 | | ordinance, then reports
received by the Secretary of State | 25 | | under this Section shall, except during
the actual time the | 26 | | Statutory Summary Suspension is in effect, be
privileged |
| | | HB5976 | - 22 - | LRB099 16446 RJF 40779 b |
|
| 1 | | information and for use only by the courts, police officers,
| 2 | | prosecuting authorities or the Secretary of State, unless the | 3 | | person is a CDL holder, is operating a commercial motor vehicle | 4 | | or vehicle required to be placarded for hazardous materials, in | 5 | | which case the suspension shall not be privileged. Reports | 6 | | received by the Secretary of State under this Section shall | 7 | | also be made available to the parent or guardian of a person | 8 | | under the age of 18 years that holds an instruction permit or a | 9 | | graduated driver's license, regardless of whether the | 10 | | statutory summary suspension is in effect. A statutory summary | 11 | | revocation shall not be privileged information. | 12 | | (f) The law enforcement officer submitting the sworn report | 13 | | under paragraph
(d) shall serve immediate notice of the | 14 | | statutory summary suspension or revocation on the
person and | 15 | | the suspension or revocation and disqualification shall be | 16 | | effective as provided in paragraph (g). | 17 | | (1) In
cases where the blood alcohol concentration of | 18 | | 0.08 or greater or
any amount of
a drug, substance, or | 19 | | compound resulting from the unlawful use or consumption
of | 20 | | cannabis as covered by the Cannabis Control Act, a | 21 | | controlled
substance
listed in the Illinois Controlled | 22 | | Substances Act,
an intoxicating compound
listed in the Use | 23 | | of Intoxicating Compounds Act, or methamphetamine as | 24 | | listed in the Methamphetamine Control and Community | 25 | | Protection Act is established by a
subsequent
analysis of | 26 | | blood or urine collected at the time of arrest, the |
| | | HB5976 | - 23 - | LRB099 16446 RJF 40779 b |
|
| 1 | | arresting
officer or arresting agency shall give notice as | 2 | | provided in this Section or by
deposit in the United States | 3 | | mail of the notice in an envelope with postage
prepaid and | 4 | | addressed to the person at his address as shown on the | 5 | | Uniform
Traffic Ticket and the statutory summary | 6 | | suspension and disqualification shall begin as provided in
| 7 | | paragraph (g). The officer shall confiscate any Illinois | 8 | | driver's license or
permit on the person at the time of | 9 | | arrest. If the person has a valid driver's
license or | 10 | | permit, the officer shall issue the person a receipt, in
a | 11 | | form prescribed by the Secretary of State, that will allow | 12 | | that person
to drive during the periods provided for in | 13 | | paragraph (g). The officer
shall immediately forward the | 14 | | driver's license or permit to the circuit
court of venue | 15 | | along with the sworn report provided for in
paragraph (d). | 16 | | (2) (Blank). | 17 | | (g) The statutory summary suspension or revocation and | 18 | | disqualification
referred to in this Section shall
take effect | 19 | | on the 46th day following the date the notice of the statutory
| 20 | | summary suspension or revocation was given to the person. | 21 | | (h) The following procedure shall apply
whenever a person | 22 | | is arrested for any offense as defined in Section 11-501
or a | 23 | | similar provision of a local ordinance: | 24 | | Upon receipt of the sworn report from the law enforcement | 25 | | officer,
the Secretary of State shall confirm the statutory | 26 | | summary suspension or revocation by
mailing a notice of the |
| | | HB5976 | - 24 - | LRB099 16446 RJF 40779 b |
|
| 1 | | effective date of the suspension or revocation to the person | 2 | | and
the court of venue. The Secretary of State shall also mail | 3 | | notice of the effective date of the disqualification to the | 4 | | person. However, should the sworn report be defective by not
| 5 | | containing sufficient information or be completed in error, the
| 6 | | confirmation of the statutory summary suspension or revocation | 7 | | shall not be mailed to the
person or entered to the record; | 8 | | instead, the sworn report shall
be
forwarded to the court of | 9 | | venue with a copy returned to the issuing agency
identifying | 10 | | any defect. | 11 | | (i) As used in this Section, "personal injury" includes any | 12 | | Type A injury as indicated on the traffic accident report | 13 | | completed by a law enforcement officer that requires immediate | 14 | | professional attention in either a doctor's office or a medical | 15 | | facility. A Type A injury includes severely bleeding wounds, | 16 | | distorted extremities, and injuries that require the injured | 17 | | party to be carried from the scene. | 18 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | 19 | | 99-467, eff. 1-1-16 .) | 20 | | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) | 21 | | Sec. 11-501.6. Driver involvement in personal injury or | 22 | | fatal motor
vehicle accident; chemical test. | 23 | | (a) Any person who drives or is in actual control of a | 24 | | motor vehicle
upon the public highways of this State and who | 25 | | has been involved in a
personal injury or fatal motor vehicle |
| | | HB5976 | - 25 - | LRB099 16446 RJF 40779 b |
|
| 1 | | accident, shall be deemed to have
given consent to a breath | 2 | | test using a portable device as approved by the
Department of | 3 | | State Police or to a chemical test or tests
of blood, breath, | 4 | | or
urine for the purpose of determining the content of alcohol,
| 5 | | other
drug or drugs, or intoxicating compound or compounds of | 6 | | such
person's blood if arrested as evidenced by the issuance of | 7 | | a Uniform Traffic
Ticket for any violation of the Illinois | 8 | | Vehicle Code or a similar provision of
a local ordinance, with | 9 | | the exception of equipment violations contained in
Chapter 12 | 10 | | of this Code, or similar provisions of local ordinances. The | 11 | | test
or tests shall be administered at the direction of the | 12 | | arresting officer. The
law enforcement agency employing the | 13 | | officer shall designate which of the
aforesaid tests shall be | 14 | | administered. A urine test may be administered even
after a | 15 | | blood or breath test or both has been administered. Compliance | 16 | | with
this Section does not relieve such person from the | 17 | | requirements of Section
11-501.1 of this Code. | 18 | | (b) Any person who is dead, unconscious or who is otherwise | 19 | | in a
condition rendering such person incapable of refusal shall | 20 | | be deemed not to
have withdrawn the consent provided by | 21 | | subsection (a) of this Section. In
addition, if a driver of a | 22 | | vehicle is receiving medical treatment as a
result of a motor | 23 | | vehicle accident, any physician licensed to practice
medicine, | 24 | | licensed physician assistant, licensed advanced practice | 25 | | nurse, registered nurse or a phlebotomist acting under the | 26 | | direction of
a licensed physician shall withdraw blood for |
| | | HB5976 | - 26 - | LRB099 16446 RJF 40779 b |
|
| 1 | | testing purposes to ascertain
the presence of alcohol, other | 2 | | drug or drugs, or intoxicating
compound or compounds, upon the | 3 | | specific request of a law
enforcement officer. However, no such | 4 | | testing shall be performed until, in
the opinion of the medical | 5 | | personnel on scene, the withdrawal can be made
without | 6 | | interfering with or endangering the well-being of the patient. | 7 | | (c) A person requested to submit to a test as provided | 8 | | above shall be
warned by the law enforcement officer requesting | 9 | | the test that a refusal to
submit to the test, or submission to | 10 | | the test resulting in an alcohol
concentration of 0.08 or more, | 11 | | or any amount of a drug, substance,
or intoxicating compound
| 12 | | resulting from the unlawful use or consumption of cannabis, as | 13 | | covered by 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 as | 18 | | detected in such person's blood or urine, may
result in the | 19 | | suspension of such person's privilege to operate a motor | 20 | | vehicle and may result in the disqualification of the person's | 21 | | privilege to operate a commercial motor vehicle, as provided in | 22 | | Section 6-514 of this Code, if the person is a CDL holder.
The | 23 | | length of the suspension shall be the same as outlined in | 24 | | Section
6-208.1 of this Code regarding statutory summary | 25 | | suspensions. | 26 | | A person requested to submit to a test shall also |
| | | HB5976 | - 27 - | LRB099 16446 RJF 40779 b |
|
| 1 | | acknowledge, in writing, receipt of the warning required under | 2 | | this Section. If the person refuses to acknowledge receipt of | 3 | | the warning, the law enforcement officer shall make a written | 4 | | notation on the warning that the person refused to sign the | 5 | | warning. A person's refusal to sign the warning shall not be | 6 | | evidence that the person was not read the warning. If | 7 | | effectuating a written acknowledgment from a person requested | 8 | | to submit to a test would pose a clear and imminent risk of | 9 | | great bodily harm to the officer, the person requested, or | 10 | | another person, the officer shall document the incident in a | 11 | | police report in lieu of acquiring a written acknowledgement. | 12 | | If a person requested to submit to a test is incapacitated or | 13 | | unconscious, the officer shall make a written notation that the | 14 | | person was unable to acknowledge in writing and document the | 15 | | incident in a police report. | 16 | | (d) If the person refuses testing or submits to a test | 17 | | which discloses
an alcohol concentration of 0.08 or more, or | 18 | | any amount of a drug,
substance,
or intoxicating compound in | 19 | | such person's blood or urine resulting from the
unlawful use or
| 20 | | consumption of cannabis listed in the Cannabis Control Act, a | 21 | | controlled
substance listed in the Illinois Controlled | 22 | | Substances Act, an
intoxicating
compound listed in the Use of | 23 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 24 | | Methamphetamine Control and Community Protection Act, the law
| 25 | | enforcement officer shall immediately submit a sworn report to | 26 | | the Secretary of
State on a form prescribed by the Secretary, |
| | | HB5976 | - 28 - | LRB099 16446 RJF 40779 b |
|
| 1 | | certifying that the test or tests
were requested pursuant to | 2 | | subsection (a) and the person refused to submit to a
test or | 3 | | tests or submitted to testing which disclosed an alcohol | 4 | | concentration
of 0.08 or more, or any amount of a drug, | 5 | | substance, or intoxicating
compound
in such
person's blood or | 6 | | urine, resulting from the unlawful use or consumption of
| 7 | | cannabis listed in the Cannabis Control Act, a controlled | 8 | | substance
listed in
the Illinois Controlled Substances Act,
an | 9 | | intoxicating compound listed in
the Use of Intoxicating | 10 | | Compounds Act, or methamphetamine as listed in the | 11 | | Methamphetamine Control and Community Protection Act. | 12 | | Upon receipt of the sworn report of a law enforcement | 13 | | officer, the
Secretary shall enter the suspension and | 14 | | disqualification to the individual's driving record and the
| 15 | | suspension and disqualification shall be effective on the 46th | 16 | | day following the date notice of the
suspension was given to | 17 | | the person. | 18 | | The law enforcement officer submitting the sworn report | 19 | | shall serve immediate
notice of this suspension on the person | 20 | | and such suspension and disqualification shall be effective
on | 21 | | the 46th day following the date notice was given. | 22 | | In cases where the blood alcohol concentration of 0.08 or | 23 | | more,
or any amount
of a drug, substance, or intoxicating | 24 | | compound resulting from the unlawful
use or
consumption of | 25 | | cannabis as listed in the Cannabis Control Act, a
controlled
| 26 | | substance listed in the Illinois Controlled Substances Act,
an
|
| | | HB5976 | - 29 - | LRB099 16446 RJF 40779 b |
|
| 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, is | 4 | | established by a
subsequent analysis of blood or urine | 5 | | collected at the time of arrest, the
arresting officer shall | 6 | | give notice as provided in this Section or by deposit
in the | 7 | | United States mail of such notice in an envelope with postage | 8 | | prepaid
and addressed to such person at his address as shown on | 9 | | the Uniform Traffic
Ticket and the suspension and | 10 | | disqualification shall be effective on the 46th day following | 11 | | the date
notice was given. | 12 | | Upon receipt of the sworn report of a law enforcement | 13 | | officer, the Secretary
shall also give notice of the suspension | 14 | | and disqualification to the driver by mailing a notice of
the | 15 | | effective date of the suspension and disqualification to the | 16 | | individual. However, should the
sworn report be defective by | 17 | | not containing sufficient information or be
completed in error, | 18 | | the notice of the suspension and disqualification shall not be | 19 | | mailed to the
person or entered to the driving record, but | 20 | | rather the sworn report shall be
returned to the issuing law | 21 | | enforcement agency. | 22 | | (e) A driver may contest this suspension of his or her
| 23 | | driving privileges and disqualification of his or her CDL | 24 | | privileges by
requesting an administrative hearing with the | 25 | | Secretary in accordance with
Section 2-118 of this Code. At the | 26 | | conclusion of a hearing held under
Section 2-118 of this Code, |
| | | HB5976 | - 30 - | LRB099 16446 RJF 40779 b |
|
| 1 | | the Secretary may rescind, continue, or modify the
orders
of | 2 | | suspension and disqualification. If the Secretary does not | 3 | | rescind the orders of suspension and disqualification, a | 4 | | restricted
driving permit may be granted by the Secretary upon | 5 | | application being made and
good cause shown. A restricted | 6 | | driving permit may be granted to relieve undue
hardship to | 7 | | allow driving for employment, educational, and medical | 8 | | purposes as
outlined in Section 6-206 of this Code. The | 9 | | provisions of Section 6-206 of
this Code shall apply. In | 10 | | accordance with 49 C.F.R. 384, the Secretary of State may not | 11 | | issue a restricted driving permit for the operation of a | 12 | | commercial motor vehicle to a person holding a CDL whose | 13 | | driving privileges have been suspended, revoked, cancelled, or | 14 | | disqualified.
| 15 | | (f) (Blank). | 16 | | (g) For the purposes of this Section, a personal injury | 17 | | shall include
any type A injury as indicated on the traffic | 18 | | accident report completed
by a law enforcement officer that | 19 | | requires immediate professional attention
in either a doctor's | 20 | | office or a medical facility. A type A injury shall
include | 21 | | severely bleeding wounds, distorted extremities, and injuries | 22 | | that
require the injured party to be carried from the scene. | 23 | | (Source: P.A. 99-467, eff. 1-1-16 .)
| 24 | | (625 ILCS 5/11-501.8)
| 25 | | Sec. 11-501.8. Suspension of driver's license; persons |
| | | HB5976 | - 31 - | LRB099 16446 RJF 40779 b |
|
| 1 | | under age 21.
| 2 | | (a) A person who is less than 21 years of age and who | 3 | | drives or
is in actual physical control of a motor vehicle upon | 4 | | the
public highways of this State shall be deemed to have given | 5 | | consent to a
chemical test or tests of blood, breath, or urine | 6 | | for the purpose of
determining the alcohol content of the | 7 | | person's blood if arrested, as evidenced
by the issuance of a | 8 | | Uniform Traffic Ticket for any violation of the Illinois
| 9 | | Vehicle Code or a similar provision of a local ordinance, if a | 10 | | police officer
has probable cause to believe that the driver | 11 | | has consumed any amount of an
alcoholic beverage based upon | 12 | | evidence of the driver's physical condition or
other first hand | 13 | | knowledge of the police officer. The test or tests shall be
| 14 | | administered at the direction of the arresting officer. The law | 15 | | enforcement
agency employing the officer shall designate which | 16 | | of the aforesaid tests shall
be administered. A urine test may | 17 | | be administered even after a blood or
breath test or both has | 18 | | been administered.
| 19 | | (b) A person who is dead, unconscious, or who is otherwise | 20 | | in a condition
rendering that person incapable of refusal, | 21 | | shall be deemed not to have
withdrawn the consent provided by | 22 | | paragraph (a) of this Section and the test or
tests may be | 23 | | administered subject to the following provisions:
| 24 | | (i) Chemical analysis of the person's blood, urine, | 25 | | breath, or
other bodily substance, to be considered valid | 26 | | under the provisions of this
Section, shall have been |
| | | HB5976 | - 32 - | LRB099 16446 RJF 40779 b |
|
| 1 | | performed according to standards promulgated by the | 2 | | Department of State
Police
by an individual possessing a | 3 | | valid permit issued by that Department for this
purpose. | 4 | | The Director of State Police is authorized to approve | 5 | | satisfactory
techniques or methods, to ascertain the | 6 | | qualifications and competence of
individuals to conduct | 7 | | analyses, to issue permits that shall be subject to
| 8 | | termination or revocation at the direction of that | 9 | | Department, and to certify
the accuracy of breath testing | 10 | | equipment. The Department of
State Police shall prescribe | 11 | | regulations as necessary.
| 12 | | (ii) When a person submits to a blood test at the | 13 | | request of a law
enforcement officer under the provisions | 14 | | of this Section, only a physician
authorized to practice | 15 | | medicine, a licensed physician assistant, a licensed | 16 | | advanced practice nurse, a registered nurse, or other | 17 | | qualified person
trained in venipuncture and acting under | 18 | | the direction of a licensed physician
may withdraw blood | 19 | | for the purpose of determining the alcohol content therein.
| 20 | | This limitation does not apply to the taking of breath or | 21 | | urine specimens.
| 22 | | (iii) The person tested may have a physician, qualified | 23 | | technician,
chemist, registered nurse, or other qualified | 24 | | person of his or her own choosing
administer a chemical | 25 | | test or tests in addition to any test or tests
administered | 26 | | at the direction of a law enforcement officer. The failure |
| | | HB5976 | - 33 - | LRB099 16446 RJF 40779 b |
|
| 1 | | or
inability to obtain an additional test by a person shall | 2 | | not preclude the
consideration of the previously performed | 3 | | chemical test.
| 4 | | (iv) Upon a request of the person who submits to a | 5 | | chemical test or
tests at the request of a law enforcement | 6 | | officer, full information concerning
the test or tests | 7 | | shall be made available to the person or that person's
| 8 | | attorney.
| 9 | | (v) Alcohol concentration means either grams of | 10 | | alcohol per 100
milliliters of blood or grams of alcohol | 11 | | per 210 liters of breath.
| 12 | | (vi) If a driver is receiving medical treatment as a | 13 | | result of a motor
vehicle accident, a physician licensed to | 14 | | practice medicine, licensed physician assistant, licensed | 15 | | advanced practice nurse, registered nurse,
or other | 16 | | qualified person trained in venipuncture and
acting under | 17 | | the direction of a licensed physician shall
withdraw blood | 18 | | for testing purposes to ascertain the presence of alcohol | 19 | | upon
the specific request of a law enforcement officer. | 20 | | However, that testing
shall not be performed until, in the | 21 | | opinion of the medical personnel on scene,
the withdrawal | 22 | | can be made without interfering with or endangering the
| 23 | | well-being of the patient.
| 24 | | (c) A person requested to submit to a test as provided | 25 | | above shall be warned
by the law enforcement officer requesting | 26 | | the test that a refusal to submit to
the test, or submission to |
| | | HB5976 | - 34 - | LRB099 16446 RJF 40779 b |
|
| 1 | | the test resulting in an alcohol concentration of
more than | 2 | | 0.00, may result in the loss of that person's privilege to | 3 | | operate a
motor vehicle and may result in the disqualification | 4 | | of the person's privilege to operate a commercial motor | 5 | | vehicle, as provided in Section 6-514 of this Code, if the | 6 | | person is a CDL holder. The loss of driving privileges shall be | 7 | | imposed in accordance
with Section 6-208.2 of this Code.
| 8 | | A person requested to submit to a test shall also | 9 | | acknowledge, in writing, receipt of the warning required under | 10 | | this Section. If the person refuses to acknowledge receipt of | 11 | | the warning, the law enforcement officer shall make a written | 12 | | notation on the warning that the person refused to sign the | 13 | | warning. A person's refusal to sign the warning shall not be | 14 | | evidence that the person was not read the warning. If | 15 | | effectuating a written acknowledgment from a person requested | 16 | | to submit to a test would pose a clear and imminent risk of | 17 | | great bodily harm to the officer, the person requested, or | 18 | | another person, the officer shall document the incident in a | 19 | | police report in lieu of acquiring a written acknowledgement. | 20 | | If a person requested to submit to a test is incapacitated or | 21 | | unconscious, the officer shall make a written notation that the | 22 | | person was unable to acknowledge in writing and document the | 23 | | incident in a police report. | 24 | | (d) If the person refuses testing or submits to a test that | 25 | | discloses an
alcohol concentration of more than 0.00, the law | 26 | | enforcement officer shall
immediately submit a sworn report to |
| | | HB5976 | - 35 - | LRB099 16446 RJF 40779 b |
|
| 1 | | the Secretary of State on a form
prescribed by the Secretary of | 2 | | State, certifying that the test or tests were
requested under | 3 | | subsection (a) and the person refused to submit to a test
or | 4 | | tests or submitted to testing which disclosed an alcohol | 5 | | concentration of
more than 0.00. The law enforcement officer | 6 | | shall submit the same sworn report
when a person under the age | 7 | | of 21 submits to testing under Section
11-501.1 of this Code | 8 | | and the testing discloses an alcohol concentration of
more than | 9 | | 0.00 and less than 0.08.
| 10 | | Upon receipt of the sworn report of a law enforcement | 11 | | officer, the Secretary
of State shall enter the suspension and | 12 | | disqualification on the individual's driving
record and the | 13 | | suspension and disqualification shall be effective on the 46th | 14 | | day following the date
notice of the suspension was given to | 15 | | the person. If this suspension is the
individual's first | 16 | | driver's license suspension under this Section, reports
| 17 | | received by the Secretary of State under this Section shall, | 18 | | except during the
time the suspension is in effect, be | 19 | | privileged information and for use only by
the courts, police | 20 | | officers, prosecuting authorities, the Secretary of State,
or | 21 | | the individual personally, unless the person is a CDL holder, | 22 | | is operating a commercial motor vehicle or vehicle required to | 23 | | be placarded for hazardous materials, in which case the | 24 | | suspension shall not be privileged.
Reports received by the | 25 | | Secretary of State under this Section shall also be made | 26 | | available to the parent or guardian of a person under the age |
| | | HB5976 | - 36 - | LRB099 16446 RJF 40779 b |
|
| 1 | | of 18 years that holds an instruction permit or a graduated | 2 | | driver's license, regardless of whether the suspension is in | 3 | | effect.
| 4 | | The law enforcement officer submitting the sworn report | 5 | | shall serve immediate
notice of this suspension on the person | 6 | | and the 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 more than | 9 | | 0.00 is
established by a subsequent analysis of blood or urine, | 10 | | the police officer or
arresting agency shall give notice as | 11 | | provided in this Section or by deposit
in the United States | 12 | | mail of that notice in an envelope with postage prepaid
and | 13 | | addressed to that person at his last known address and the loss | 14 | | of driving
privileges shall be effective on the 46th day | 15 | | following the date notice was
given.
| 16 | | Upon receipt of the sworn report of a law enforcement | 17 | | officer, the Secretary
of State shall also give notice of the | 18 | | suspension and disqualification to the driver
by mailing a | 19 | | notice of the effective date of the suspension and | 20 | | disqualification to the individual.
However, should the sworn | 21 | | report be defective by not containing sufficient
information or | 22 | | be completed in error, the notice of the suspension and | 23 | | disqualification shall not be mailed to the person or entered | 24 | | to the driving record,
but rather the sworn report shall be | 25 | | returned to the issuing law enforcement
agency.
| 26 | | (e) A driver may contest this suspension and |
| | | HB5976 | - 37 - | LRB099 16446 RJF 40779 b |
|
| 1 | | disqualification by requesting an
administrative hearing with | 2 | | the Secretary of State in accordance with Section
2-118 of this | 3 | | Code. An individual whose blood alcohol concentration is shown
| 4 | | to be more than 0.00 is not subject to this Section if he or she | 5 | | consumed
alcohol in the performance of a religious service or | 6 | | ceremony. An individual
whose blood alcohol concentration is | 7 | | shown to be more than 0.00 shall not be
subject to this Section | 8 | | if the individual's blood alcohol concentration
resulted only | 9 | | from ingestion of the prescribed or recommended dosage of
| 10 | | medicine that contained alcohol. The petition for that hearing | 11 | | shall not stay
or delay the effective date of the impending | 12 | | suspension. The scope of this
hearing shall be limited to the | 13 | | issues of:
| 14 | | (1) whether the police officer had probable cause to | 15 | | believe that the
person was driving or in actual physical | 16 | | control of a motor vehicle upon the
public highways of the | 17 | | State and the police officer had reason to believe that
the | 18 | | person was in violation of any provision of the Illinois | 19 | | Vehicle Code or a
similar provision of a local ordinance; | 20 | | and
| 21 | | (2) whether the person was issued a Uniform Traffic | 22 | | Ticket for any
violation of the Illinois Vehicle Code or a | 23 | | similar provision of a local
ordinance; and
| 24 | | (3) whether the police officer had probable cause to | 25 | | believe that the
driver
had consumed any amount of an | 26 | | alcoholic beverage based upon the driver's
physical |
| | | HB5976 | - 38 - | LRB099 16446 RJF 40779 b |
|
| 1 | | actions or other first-hand knowledge of the police | 2 | | officer; and
| 3 | | (4) whether the person, after being advised by the | 4 | | officer that the
privilege to operate a motor vehicle would | 5 | | be suspended if the person refused
to submit to and | 6 | | complete the test or tests, did refuse to submit to or
| 7 | | complete the test or tests to determine the person's | 8 | | alcohol concentration;
and
| 9 | | (5) whether the person, after being advised by the | 10 | | officer that the
privileges to operate a motor vehicle | 11 | | would be suspended if the person submits
to a chemical test | 12 | | or tests and the test or tests disclose an alcohol
| 13 | | concentration of more than 0.00, did submit to and
complete | 14 | | the
test or tests that determined an alcohol concentration | 15 | | of more than 0.00; and
| 16 | | (6) whether the test result of an alcohol concentration | 17 | | of more than 0.00
was based upon the person's consumption | 18 | | of alcohol in the performance of a
religious service or | 19 | | ceremony; and
| 20 | | (7) whether the test result of an alcohol concentration | 21 | | of more than 0.00
was based upon the person's consumption | 22 | | of alcohol through ingestion of the
prescribed or | 23 | | recommended dosage of medicine.
| 24 | | At the conclusion of the hearing held under Section 2-118 | 25 | | of
this Code, the Secretary of State may rescind, continue, or | 26 | | modify the suspension and disqualification. If the Secretary of |
| | | HB5976 | - 39 - | LRB099 16446 RJF 40779 b |
|
| 1 | | State does not rescind the suspension and disqualification, a
| 2 | | restricted driving permit may be granted by the Secretary of | 3 | | State upon
application being made and good cause shown. A | 4 | | restricted driving permit may be
granted to relieve undue | 5 | | hardship by allowing driving for employment,
educational, and | 6 | | medical purposes as outlined in item (3) of part (c) of
Section | 7 | | 6-206 of this Code. The provisions of item (3) of part (c) of | 8 | | Section
6-206 of this Code and of subsection (f) of that | 9 | | Section shall apply. The Secretary of State shall promulgate | 10 | | rules
providing for participation in an alcohol education and | 11 | | awareness program or
activity, a drug education and awareness | 12 | | program or activity, or both as a
condition to the issuance of | 13 | | a restricted driving permit for suspensions
imposed under this | 14 | | Section.
| 15 | | (f) The results of any chemical testing performed in | 16 | | accordance with
subsection (a) of this Section are not | 17 | | admissible in any civil or criminal
proceeding, except that the | 18 | | results of the testing may be considered at a
hearing held | 19 | | under Section 2-118 of this Code. However, the results of
the | 20 | | testing may not be used to impose driver's license sanctions | 21 | | under
Section 11-501.1 of this Code. A law enforcement officer | 22 | | may, however, pursue
a statutory summary suspension or | 23 | | revocation of driving privileges under Section 11-501.1 of
this | 24 | | Code if other physical evidence or first hand knowledge forms | 25 | | the basis
of that suspension or revocation.
| 26 | | (g) This Section applies only to drivers who are under
age |
| | | HB5976 | - 40 - | LRB099 16446 RJF 40779 b |
|
| 1 | | 21 at the time of the issuance of a Uniform Traffic Ticket for | 2 | | a
violation of the Illinois Vehicle Code or a similar provision | 3 | | of a local
ordinance, and a chemical test request is made under | 4 | | this Section.
| 5 | | (h) The action of the Secretary of State in suspending, | 6 | | revoking, cancelling, or
disqualifying any license or
permit | 7 | | shall be
subject to judicial review in the Circuit Court of | 8 | | Sangamon County or in the
Circuit Court of Cook County, and the | 9 | | provisions of the Administrative Review
Law and its rules are | 10 | | hereby adopted and shall apply to and govern every action
for | 11 | | the judicial review of final acts or decisions of the Secretary | 12 | | of State
under this Section.
| 13 | | (Source: P.A. 99-467, eff. 1-1-16 .)
|
|