State of Illinois
91st General Assembly
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91_SB0270

 
                                              LRB9101236KSgcA

 1        AN ACT  concerning  driving  violations,  amending  named
 2    Acts.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing  Sections  6-118,  6-203.1,  6-206,  6-208, 6-208.1,
 7    6-303, 11-501, 11-501.1, 11-501.4-1, and 11-501.5 as follows:

 8        (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
 9        (Text of Section before amendment by P.A. 90-622)
10        Sec. 6-118.  Fees.
11        (a)  The fee for licenses and permits under this  Article
12    is as follows:
13        Original driver's license.............................$10
14        Original or renewal driver's license
15             issued to 18, 19 and 20 year olds..................5
16        All driver's licenses for persons
17             age 69 through age 80..............................5
18        All driver's licenses for persons
19             age 81 through age 86..............................2
20        All driver's licenses for persons
21             age 87 or older....................................0
22        Renewal driver's license (except for
23             applicants ages 18, 19 and 20 or
24             age 69 and older).................................10
25        Original instruction permit issued to
26             persons (except those age 69 and older)
27             who do not hold or have not previously
28             held an Illinois instruction permit or
29             driver's license..................................20
30        Instruction permit issued to any person
31             holding an Illinois driver's license
 
                            -2-               LRB9101236KSgcA
 1             who wishes a change in classifications,
 2             other than at the time of renewal..................5
 3        Any instruction permit issued to a person
 4             age 69 and older...................................5
 5        Instruction permit issued to any person,
 6             under age 69, not currently holding a
 7             valid Illinois driver's license or
 8             instruction permit but who has
 9             previously been issued either document
10             in Illinois.......................................10
11        Restricted driving permit...............................8
12        Duplicate or corrected driver's license
13             or permit..........................................5
14        Duplicate or corrected restricted
15             driving permit.....................................5
16    SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
17             The  fees for commercial driver licenses and permits
18        under Article V shall be as follows:
19        Commercial driver's license:
20             $6 for the CDLIS/AAMVAnet Fund
21             (Commercial Driver's License Information
22             System/American Association of Motor Vehicle
23             Administrators network Trust Fund);
24             $10 for the driver's license;
25             and $24 for the CDL:.............................$40
26        Renewal commercial driver's license:
27             $6 for the CDLIS/AAMVAnet Trust Fund;
28             $10 for the driver's license; and
29             $24 for the CDL:.................................$40
30        Commercial driver instruction permit
31             issued to any person holding a valid
32             Illinois driver's license for the
33             purpose of changing to a
34             CDL classification:  $6 for the
 
                            -3-               LRB9101236KSgcA
 1             CDLIS/AAMVAnet Trust Fund; and
 2             $24 for the CDL classification...................$30
 3        Commercial driver instruction permit
 4             issued to any person holding a valid
 5             Illinois CDL for the purpose of
 6             making a change in a classification,
 7             endorsement or restriction........................$5
 8        CDL duplicate or corrected license.....................$5
 9        In order to  ensure  the  proper  implementation  of  the
10    Uniform  Commercial  Driver  License  Act,  Article V of this
11    Chapter, the Secretary of State is empowered to pro-rate  the
12    $24  fee for the commercial driver's license proportionate to
13    the expiration date  of  the  applicant's  Illinois  driver's
14    license.
15        The  fee  for  any  duplicate  license or permit shall be
16    waived for any person  age  60  or  older  who  presents  the
17    Secretary of State's office with a police report showing that
18    his license or permit was stolen.
19        No  additional  fee  shall  be  charged  for  a  driver's
20    license, or for a commercial driver's license, when issued to
21    the   holder   of   an   instruction   permit  for  the  same
22    classification or type of license who  becomes  eligible  for
23    such license.
24        (b)  Any  person  whose license or privilege to operate a
25    motor vehicle in this State has  been  suspended  or  revoked
26    under  any  provision  of  Chapter  6, Chapter 11, or Section
27    7-702 of the Family  Financial  Responsibility  Law  of  this
28    Code,  shall  in  addition to any other fees required by this
29    Code, pay a reinstatement fee as follows:
30        Summary suspension under Section 11-501.1.............$60
31        Other suspension......................................$30
32        Revocation............................................$60
33        However, any person whose license or privilege to operate
34    a motor vehicle in this State has been suspended  or  revoked
 
                            -4-               LRB9101236KSgcA
 1    for  a  second  or subsequent time for a violation of Section
 2    11-501 or 11-501.1  of this Code or a similar provision of  a
 3    local  ordinance  or Section 9-3 of the Criminal Code of 1961
 4    and each suspension or revocation  was  for  a  violation  of
 5    Section  11-501  or  11-501.1  of  this  Code  or  a  similar
 6    provision of a local ordinance or Section 9-3 of the Criminal
 7    Code  of  1961  shall  pay,  in  addition  to  any other fees
 8    required by this Code, a reinstatement fee as follows:
 9        Summary suspension under Section 11-501.1............$250
10        Revocation...........................................$250
11        (c)  All fees collected  under  the  provisions  of  this
12    Chapter  6  shall  be  paid  into  the Road Fund in the State
13    Treasury except as follows:
14             1. The following amounts  shall  be  paid  into  the
15        Driver Education Fund:
16                  (A)  $16   of  the  $20  fee  for  an  original
17             driver's instruction permit;
18                  (B)  $5 of the $10 fee for an original driver's
19             license;
20                  (C)  $5 of the $10 fee for  a  4  year  renewal
21             driver's license; and
22                  (D)  $4  of the $8 fee for a restricted driving
23             permit.
24             2. $30 of the $60 fee for reinstatement of a license
25        summarily  suspended  under  Section  11-501.1  shall  be
26        deposited into the Drunk and Drugged  Driving  Prevention
27        Fund.    However, for a person whose license or privilege
28        to operate  a  motor  vehicle  in  this  State  has  been
29        suspended  or revoked for a second or subsequent time for
30        a violation of Section 11-501 or 11-501.1 of this Code or
31        Section 9-3 of the Criminal Code of  1961,  $190  of  the
32        $250   fee  for  reinstatement  of  a  license  summarily
33        suspended under Section 11-501.1, and $190  of  the  $250
34        fee  for  reinstatement  of  a  revoked  license shall be
 
                            -5-               LRB9101236KSgcA
 1        deposited into the Drunk and Drugged  Driving  Prevention
 2        Fund.
 3             3. $6   of  such  original  or  renewal  fee  for  a
 4        commercial driver's license  and  $6  of  the  commercial
 5        driver  instruction permit fee when such permit is issued
 6        to any person holding a valid Illinois driver's  license,
 7        shall be paid into the CDLIS/AAMVAnet Trust Fund.
 8             4.  The fee for reinstatement of a license suspended
 9        under  the  Family  Financial Responsibility Law shall be
10        paid into the Family Responsibility Fund.
11    (Source:  P.A.  89-92,  eff.  7-1-96;  90-738,  eff.  1-1-99;
12    revised 9-21-98.)

13        (Text of Section after amendment by P.A. 90-622)
14        Sec. 6-118.  Fees.
15        (a)  The fee for licenses and permits under this  Article
16    is as follows:
17        Original driver's license.............................$10
18        Original or renewal driver's license
19             issued to 18, 19 and 20 year olds..................5
20        All driver's licenses for persons
21             age 69 through age 80..............................5
22        All driver's licenses for persons
23             age 81 through age 86..............................2
24        All driver's licenses for persons
25             age 87 or older....................................0
26        Renewal driver's license (except for
27             applicants ages 18, 19 and 20 or
28             age 69 and older).................................10
29        Original instruction permit issued to
30             persons (except those age 69 and older)
31             who do not hold or have not previously
32             held an Illinois instruction permit or
33             driver's license..................................20
34        Instruction permit issued to any person
 
                            -6-               LRB9101236KSgcA
 1             holding an Illinois driver's license
 2             who wishes a change in classifications,
 3             other than at the time of renewal..................5
 4        Any instruction permit issued to a person
 5             age 69 and older...................................5
 6        Instruction permit issued to any person,
 7             under age 69, not currently holding a
 8             valid Illinois driver's license or
 9             instruction permit but who has
10             previously been issued either document
11             in Illinois.......................................10
12        Restricted driving permit...............................8
13        Duplicate or corrected driver's license
14             or permit..........................................5
15        Duplicate or corrected restricted
16             driving permit.....................................5
17        Original or renewal M or L endorsement..................5
18    SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
19             The  fees for commercial driver licenses and permits
20        under Article V shall be as follows:
21        Commercial driver's license:
22             $6 for the CDLIS/AAMVAnet Fund
23             (Commercial Driver's License Information
24             System/American Association of Motor Vehicle
25             Administrators network Trust Fund);
26             $10 for the driver's license;
27             and $24 for the CDL:.............................$40
28        Renewal commercial driver's license:
29             $6 for the CDLIS/AAMVAnet Trust Fund;
30             $10 for the driver's license; and
31             $24 for the CDL:.................................$40
32        Commercial driver instruction permit
33             issued to any person holding a valid
34             Illinois driver's license for the
 
                            -7-               LRB9101236KSgcA
 1             purpose of changing to a
 2             CDL classification:  $6 for the
 3             CDLIS/AAMVAnet Trust Fund; and
 4             $24 for the CDL classification...................$30
 5        Commercial driver instruction permit
 6             issued to any person holding a valid
 7             Illinois CDL for the purpose of
 8             making a change in a classification,
 9             endorsement or restriction........................$5
10        CDL duplicate or corrected license.....................$5
11        In order to  ensure  the  proper  implementation  of  the
12    Uniform  Commercial  Driver  License  Act,  Article V of this
13    Chapter, the Secretary of State is empowered to pro-rate  the
14    $24  fee for the commercial driver's license proportionate to
15    the expiration date  of  the  applicant's  Illinois  driver's
16    license.
17        The  fee  for  any  duplicate  license or permit shall be
18    waived for any person  age  60  or  older  who  presents  the
19    Secretary of State's office with a police report showing that
20    his license or permit was stolen.
21        No  additional  fee  shall  be  charged  for  a  driver's
22    license, or for a commercial driver's license, when issued to
23    the   holder   of   an   instruction   permit  for  the  same
24    classification or type of license who  becomes  eligible  for
25    such license.
26        (b)  Any  person  whose license or privilege to operate a
27    motor vehicle in this State has  been  suspended  or  revoked
28    under  any  provision  of  Chapter  6, Chapter 11, or Section
29    7-702 of the Family  Financial  Responsibility  Law  of  this
30    Code,  shall  in  addition to any other fees required by this
31    Code, pay a reinstatement fee as follows:
32        Summary suspension under Section 11-501.1 or 11-501.5.$60
33        Other suspension......................................$30
34        Revocation............................................$60
 
                            -8-               LRB9101236KSgcA
 1        However, any person whose license or privilege to operate
 2    a motor vehicle in this State has been suspended  or  revoked
 3    for  a  second  or subsequent time for a violation of Section
 4    11-501 or 11-501.1 of this Code or a similar provision  of  a
 5    local  ordinance,  a  violation  of  or  Section  9-3  of the
 6    Criminal Code of 1961, or a failure to submit to  a  chemical
 7    test  or tests of blood, breath, or urine pursuant to Section
 8    11-501.1 or to a preliminary breath screening test or a field
 9    sobriety test or tests pursuant to Section 11-501.5  of  this
10    Code and each suspension or revocation was for a violation of
11    Section  11-501  or  11-501.1  of  this  Code  or  a  similar
12    provision of a local ordinance, a violation of or Section 9-3
13    of the Criminal Code of 1961, a violation of any out-of-state
14    offense  similar  to  any  of the above-listed offenses, or a
15    failure to submit to a  chemical  test  or  tests  of  blood,
16    breath,  or  urine  pursuant  to  Section  11-501.1  or  to a
17    preliminary breath screening test or a field sobriety test or
18    tests pursuant to Section 11-501.5 of this  Code  or  similar
19    provisions  of  an  out-of-state  jurisdiction  shall pay, in
20    addition  to  any  other  fees  required  by  this  Code,   a
21    reinstatement fee as follows:
22        Summary suspension under Section 11-501.1 or
23        11-501.5.............................................$250
24        Revocation...........................................$250
25        (c)  All  fees  collected  under  the  provisions of this
26    Chapter 6 shall be paid into  the  Road  Fund  in  the  State
27    Treasury except as follows:
28             1. The  following  amounts  shall  be  paid into the
29        Driver Education Fund:
30                  (A)  $16  of  the  $20  fee  for  an   original
31             driver's instruction permit;
32                  (B)  $5 of the $10 fee for an original driver's
33             license;
34                  (C)  $5  of  the  $10  fee for a 4 year renewal
 
                            -9-               LRB9101236KSgcA
 1             driver's license; and
 2                  (D)  $4 of the $8 fee for a restricted  driving
 3             permit.
 4             2. $30 of the $60 fee for reinstatement of a license
 5        summarily  suspended  under  Section 11-501.1 or 11-501.5
 6        shall be deposited into the  Drunk  and  Drugged  Driving
 7        Prevention  Fund.  However, for a person whose license or
 8        privilege to operate a motor vehicle in  this  State  has
 9        been suspended or revoked for a second or subsequent time
10        for  a  violation  of  Section 11-501 or 11-501.1 of this
11        Code or a similar  provision  of  a  local  ordinance,  a
12        violation of or Section 9-3 of the Criminal Code of 1961,
13        a violation of any out-of-state offense similar to any of
14        the  above-listed  offenses,  or a failure to submit to a
15        chemical  test  or  tests  of  blood,  breath,  or  urine
16        pursuant to Section 11-501.1 or to a  preliminary  breath
17        screening test or a field sobriety test or tests pursuant
18        to  Section  11-501.5 of this Code, or similar provisions
19        of an out-of-state jurisdiction, $190 of the $250 fee for
20        reinstatement of  a  license  summarily  suspended  under
21        Section  11-501.1  or  11-501.5, and $190 of the $250 fee
22        for reinstatement of a revoked license shall be deposited
23        into the Drunk and Drugged Driving Prevention Fund.
24             3. $6  of  such  original  or  renewal  fee  for   a
25        commercial  driver's  license  and  $6  of the commercial
26        driver instruction permit fee when such permit is  issued
27        to  any person holding a valid Illinois driver's license,
28        shall be paid into the CDLIS/AAMVAnet Trust Fund.
29             4.  The fee for reinstatement of a license suspended
30        under the Family Financial Responsibility  Law  shall  be
31        paid into the Family Responsibility Fund.
32             5.  The  $5  fee for each original or renewal M or L
33        endorsement shall  be  deposited  into  the  Cycle  Rider
34        Safety Training Fund.
 
                            -10-              LRB9101236KSgcA
 1    (Source:  P.A.  89-92,  eff.  7-1-96;  90-622,  eff.  3-1-99;
 2    90-738, eff. 1-1-99; revised 9-21-98.)

 3        (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
 4        Sec.  6-203.1.  (a)  The Secretary of State is authorized
 5    to suspend the driving privileges of persons:
 6             (1)  arrested in another state for driving under the
 7        influence  of  alcohol,   other   drug   or   drugs,   or
 8        intoxicating  compound  or  compounds, or any combination
 9        thereof, or a similar provision, and who have has refused
10        to submit to a chemical  test  or  tests,  a  preliminary
11        breath  screening test, or a field sobriety test or tests
12        under the provisions of implied consent, or.
13             (2)  requested to submit to a field sobriety test or
14        tests or a preliminary breath screening test  in  another
15        state  under  provisions  of implied consent and who have
16        refused to submit to the test or tests.
17        (b)  When a driving privilege has been  suspended  for  a
18    refusal  as  provided  in  paragraph  (a)  and  the person is
19    subsequently convicted of the underlying charge, for the same
20    incident, any period served on suspension shall  be  credited
21    toward the minimum period of revocation of driving privileges
22    imposed pursuant to Section 6-206.
23    (Source: P.A. 90-779, eff. 1-1-99.)

24        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
25        Sec. 6-206.  Discretionary authority to suspend or revoke
26    license or permit; Right to a hearing.
27        (a)  The  Secretary  of State is authorized to suspend or
28    revoke  the  driving  privileges  of   any   person   without
29    preliminary hearing upon a showing of the person's records or
30    other sufficient evidence that the person:
31             1.  Has  committed  an  offense  for which mandatory
32        revocation of a driver's license or  permit  is  required
 
                            -11-              LRB9101236KSgcA
 1        upon conviction;
 2             2.  Has  been  convicted of not less than 3 offenses
 3        against traffic regulations  governing  the  movement  of
 4        vehicles  committed  within  any  12  month  period.   No
 5        revocation  or  suspension  shall  be entered more than 6
 6        months after the date of last conviction;
 7             3.  Has been repeatedly  involved  as  a  driver  in
 8        motor vehicle collisions or has been repeatedly convicted
 9        of  offenses  against  laws and ordinances regulating the
10        movement of traffic, to a degree that indicates  lack  of
11        ability  to  exercise ordinary and reasonable care in the
12        safe operation of a motor vehicle or disrespect  for  the
13        traffic  laws  and  the  safety of other persons upon the
14        highway;
15             4.  Has by the unlawful operation of a motor vehicle
16        caused or contributed to an accident resulting  in  death
17        or injury requiring immediate professional treatment in a
18        medical facility or doctor's office to any person, except
19        that   any   suspension  or  revocation  imposed  by  the
20        Secretary  of  State  under  the   provisions   of   this
21        subsection shall start no later than 6 months after being
22        convicted  of violating a law or ordinance regulating the
23        movement of traffic, which violation is  related  to  the
24        accident, or shall start not more than one year after the
25        date of the accident, whichever date occurs later;
26             5.  Has permitted an unlawful or fraudulent use of a
27        driver's license, identification card, or permit;
28             6.  Has  been  lawfully  convicted  of an offense or
29        offenses in another state,  including  the  authorization
30        contained  in  Section 6-203.1, which if committed within
31        this State would be grounds for suspension or revocation;
32             7.  Has  refused  or  failed   to   submit   to   an
33        examination  provided  for by Section 6-207 or has failed
34        to pass the examination;
 
                            -12-              LRB9101236KSgcA
 1             8.  Is ineligible for a driver's license  or  permit
 2        under the provisions of Section 6-103;
 3             9.  Has   made   a   false  statement  or  knowingly
 4        concealed a material fact or has used  false  information
 5        or  identification  in  any  application  for  a license,
 6        identification card, or permit;
 7             10.  Has  possessed,  displayed,  or  attempted   to
 8        fraudulently  use  any  license,  identification card, or
 9        permit not issued to the person;
10             11.  Has operated a motor vehicle upon a highway  of
11        this   State  when  the  person's  driving  privilege  or
12        privilege to obtain a  driver's  license  or  permit  was
13        revoked  or suspended unless the operation was authorized
14        by a judicial driving  permit,  probationary  license  to
15        drive,  or  a restricted driving permit issued under this
16        Code;
17             12.  Has submitted to any portion of the application
18        process for another person or has obtained  the  services
19        of  another  person  to  submit  to  any  portion  of the
20        application  process  for  the  purpose  of  obtaining  a
21        license, identification card, or permit  for  some  other
22        person;
23             13.  Has  operated a motor vehicle upon a highway of
24        this State when the person's driver's license  or  permit
25        was  invalid under the provisions of Sections 6-107.1 and
26        6-110;
27             14.  Has committed a  violation  of  Section  6-301,
28        6-301.1,  or  6-301.2 of this Act, or Section 14, 14A, or
29        14B of the Illinois Identification Card Act;
30             15.  Has been convicted of violating Section 21-2 of
31        the Criminal Code of 1961 relating to  criminal  trespass
32        to  vehicles  in  which case, the suspension shall be for
33        one year;
34             16.  Has been convicted of violating Section  11-204
 
                            -13-              LRB9101236KSgcA
 1        of this Code relating to fleeing from a police officer;
 2             17.  Has  refused  to submit to a test, or tests, as
 3        required under Section 11-501.1 or 11-501.5 of this  Code
 4        and  the  person has not sought a hearing as provided for
 5        in Section 11-501.1 or 11-501.5;
 6             18.  Has, since issuance of a  driver's  license  or
 7        permit,  been  adjudged to be afflicted with or suffering
 8        from any mental disability or disease;
 9             19.  Has committed a violation of paragraph  (a)  or
10        (b)  of  Section  6-101  relating  to  driving  without a
11        driver's license;
12             20.  Has been convicted of violating  Section  6-104
13        relating to classification of driver's license;
14             21.  Has  been convicted of violating Section 11-402
15        of this Code relating to leaving the scene of an accident
16        resulting in damage to a vehicle in excess of $1,000,  in
17        which case the suspension shall be for one year;
18             22.  Has used a motor vehicle in violating paragraph
19        (3),  (4),  (7), or (9) of subsection (a) of Section 24-1
20        of the Criminal Code of 1961 relating to unlawful use  of
21        weapons,  in  which  case the suspension shall be for one
22        year;
23             23.  Has, as a driver, been convicted of  committing
24        a  violation  of  paragraph (a) of Section 11-502 of this
25        Code for a second or subsequent time within one year of a
26        similar violation;
27             24.  Has  been  convicted  by  a  court-martial   or
28        punished   by   non-judicial   punishment   by   military
29        authorities   of   the   United   States  at  a  military
30        installation in Illinois of  or  for  a  traffic  related
31        offense  that  is  the  same  as or similar to an offense
32        specified under Section 6-205 or 6-206 of this Code;
33             25.  Has permitted any form of identification to  be
34        used  by  another  in the application process in order to
 
                            -14-              LRB9101236KSgcA
 1        obtain or attempt to  obtain  a  license,  identification
 2        card, or permit;
 3             26.  Has  altered or attempted to alter a license or
 4        has possessed an altered license, identification card, or
 5        permit;
 6             27.  Has violated Section 6-16 of the Liquor Control
 7        Act of 1934;
 8             28.  Has been convicted of the  illegal  possession,
 9        while  operating  or  in  actual  physical  control, as a
10        driver, of a motor vehicle, of any  controlled  substance
11        prohibited  under  the Illinois Controlled Substances Act
12        or any cannabis prohibited under the  provisions  of  the
13        Cannabis  Control Act, in which case the person's driving
14        privileges shall be  suspended  for  one  year,  and  any
15        driver  who  is  convicted  of  a  second  or  subsequent
16        offense, within 5 years of a previous conviction, for the
17        illegal possession, while operating or in actual physical
18        control,  as  a  driver,  of  a  motor  vehicle,  of  any
19        controlled  substance  prohibited under the provisions of
20        the Illinois Controlled Substances Act  or  any  cannabis
21        prohibited  under  the  Cannabis  Control  Act  shall  be
22        suspended for 5 years. Any defendant found guilty of this
23        offense  while  operating  a motor vehicle, shall have an
24        entry made in the court record  by  the  presiding  judge
25        that  this  offense  did  occur  while  the defendant was
26        operating a motor vehicle and  order  the  clerk  of  the
27        court to report the violation to the Secretary of State;
28             29.  Has  been  convicted  of the following offenses
29        that were committed while the person was operating or  in
30        actual physical control, as a driver, of a motor vehicle:
31        criminal   sexual   assault,  predatory  criminal  sexual
32        assault of a child, aggravated criminal  sexual  assault,
33        criminal  sexual abuse, aggravated criminal sexual abuse,
34        juvenile pimping, soliciting for  a  juvenile  prostitute
 
                            -15-              LRB9101236KSgcA
 1        and  the  manufacture,  sale  or  delivery  of controlled
 2        substances or instruments used for illegal  drug  use  or
 3        abuse in which case the driver's driving privileges shall
 4        be suspended for one year;
 5             30.  Has  been convicted a second or subsequent time
 6        for any combination of the offenses named in paragraph 29
 7        of this subsection, in which case  the  person's  driving
 8        privileges shall be suspended for 5 years;
 9             31.  Has  refused to submit to a test as required by
10        Section 11-501.6 or has submitted to a test resulting  in
11        an alcohol concentration of 0.08 or more or any amount of
12        a   drug,  substance,  or  compound  resulting  from  the
13        unlawful use or consumption of cannabis as listed in  the
14        Cannabis  Control Act or a controlled substance as listed
15        in the Illinois Controlled Substances Act in  which  case
16        the penalty shall be as prescribed in Section 6-208.1;
17             32.  Has  been  convicted  of  Section 24-1.2 of the
18        Criminal  Code  of  1961  relating  to   the   aggravated
19        discharge  of  a firearm if the offender was located in a
20        motor vehicle at the time the firearm was discharged,  in
21        which case the suspension shall be for 3 years;
22             33.  Has as  a driver, who was less than 21 years of
23        age  on  the  date of the offense, been convicted a first
24        time of a violation of paragraph (a) of Section 11-502 of
25        this Code or a similar provision of a local ordinance;
26             34.  Has committed a violation of Section  11-1301.5
27        of this Code;
28             35.  Has  committed a violation of Section 11-1301.6
29        of this Code; or
30             36.  Is under the age of 21 years  at  the  time  of
31        arrest  and  has  been    convicted  of  not  less than 2
32        offenses  against  traffic  regulations    governing  the
33        movement  of  vehicles  committed  within  any  24  month
34        period.  No revocation or  suspension  shall  be  entered
 
                            -16-              LRB9101236KSgcA
 1        more than 6  months after the date of last conviction.
 2        For  purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
 3    and  27  of  this  subsection,  license  means  any  driver's
 4    license, any traffic ticket issued when the person's driver's
 5    license is deposited in lieu of  bail,  a  suspension  notice
 6    issued  by  the  Secretary of State, a duplicate or corrected
 7    driver's  license,  a  probationary  driver's  license  or  a
 8    temporary driver's license.
 9        (b)  If any conviction forming the basis of a  suspension
10    or  revocation authorized under this Section is appealed, the
11    Secretary of State may rescind or withhold the entry  of  the
12    order  of  suspension  or  revocation,  as  the  case may be,
13    provided that a certified copy of a stay order of a court  is
14    filed  with  the  Secretary  of  State.  If the conviction is
15    affirmed on appeal, the date of the conviction  shall  relate
16    back  to  the  time  the  original judgment of conviction was
17    entered and the  6  month  limitation  prescribed  shall  not
18    apply.
19        (c) 1.  Upon  suspending or revoking the driver's license
20        or permit of any person as authorized  in  this  Section,
21        the  Secretary  of  State  shall  immediately  notify the
22        person in writing of the revocation  or  suspension.  The
23        notice to be deposited in the United States mail, postage
24        prepaid, to the last known address of the person.
25             2.  If  the Secretary of State suspends the driver's
26        license of a person under subsection 2 of  paragraph  (a)
27        of  this  Section,  a  person's  privilege  to  operate a
28        vehicle as an occupation shall not be suspended, provided
29        an affidavit is properly completed, the  appropriate  fee
30        received, and a permit issued prior to the effective date
31        of  the  suspension, unless 5 offenses were committed, at
32        least 2 of which occurred while  operating  a  commercial
33        vehicle   in   connection   with   the  driver's  regular
34        occupation.  All  other  driving  privileges   shall   be
 
                            -17-              LRB9101236KSgcA
 1        suspended  by the Secretary of State. Any driver prior to
 2        operating a vehicle for occupational purposes  only  must
 3        submit  the  affidavit  on  forms  to  be provided by the
 4        Secretary  of  State  setting  forth  the  facts  of  the
 5        person's occupation.  The affidavit shall also state  the
 6        number of offenses committed while operating a vehicle in
 7        connection  with  the  driver's  regular  occupation. The
 8        affidavit shall be accompanied by the  driver's  license.
 9        Upon  receipt  of  a  properly  completed  affidavit, the
10        Secretary of State shall issue the  driver  a  permit  to
11        operate a vehicle in connection with the driver's regular
12        occupation  only.  Unless  the  permit  is  issued by the
13        Secretary of State prior to the date of  suspension,  the
14        privilege  to  drive any motor vehicle shall be suspended
15        as set forth in the notice that  was  mailed  under  this
16        Section.  If  an  affidavit is received subsequent to the
17        effective date of this suspension, a permit may be issued
18        for the remainder of the suspension period.
19             The provisions of this subparagraph shall not  apply
20        to  any  driver  required to obtain a commercial driver's
21        license under  Section  6-507  during  the  period  of  a
22        disqualification  of  commercial driving privileges under
23        Section 6-514.
24             Any person  who  falsely  states  any  fact  in  the
25        affidavit  required  herein  shall  be  guilty of perjury
26        under Section 6-302 and  upon  conviction  thereof  shall
27        have  all  driving  privileges  revoked  without  further
28        rights.
29             3.  At  the  conclusion  of  a hearing under Section
30        2-118 of this Code, the Secretary of State  shall  either
31        rescind  or  continue  an  order  of  revocation or shall
32        substitute  an  order  of  suspension;  or,  good   cause
33        appearing  therefor, rescind, continue, change, or extend
34        the order of suspension.  If the Secretary of State  does
 
                            -18-              LRB9101236KSgcA
 1        not   rescind   the   order,   the   Secretary  may  upon
 2        application,  to  relieve   undue   hardship,   issue   a
 3        restricted  driving  permit  granting  the  privilege  of
 4        driving   a   motor   vehicle  between  the  petitioner's
 5        residence and petitioner's place of employment or  within
 6        the  scope  of his employment related duties, or to allow
 7        transportation for the petitioner, or a household  member
 8        of  the petitioner's family, to receive necessary medical
 9        care  and  if  the  professional  evaluation   indicates,
10        provide    transportation   for   alcohol   remedial   or
11        rehabilitative activity, or for the petitioner to  attend
12        classes,  as  a  student,  in  an  accredited educational
13        institution; if the petitioner  is  able  to  demonstrate
14        that no alternative means of transportation is reasonably
15        available and the petitioner will not endanger the public
16        safety or welfare. In each case the Secretary may issue a
17        restricted   driving   permit   for   a   period   deemed
18        appropriate,  except that all permits shall expire within
19        one year from the date of issuance.  A restricted driving
20        permit issued under this  Section  shall  be  subject  to
21        cancellation, revocation, and suspension by the Secretary
22        of  State in like manner and for like cause as a driver's
23        license issued under this Code may be cancelled, revoked,
24        or suspended; except that a conviction upon one  or  more
25        offenses   against  laws  or  ordinances  regulating  the
26        movement of traffic shall be deemed sufficient cause  for
27        the   revocation,   suspension,   or  cancellation  of  a
28        restricted driving permit. The Secretary of State may, as
29        a condition to  the  issuance  of  a  restricted  driving
30        permit,   require  the  applicant  to  participate  in  a
31        designated driver remedial or rehabilitative program. The
32        Secretary of State is authorized to cancel  a  restricted
33        driving permit if the permit holder does not successfully
34        complete the program.
 
                            -19-              LRB9101236KSgcA
 1        (c-5)  The  Secretary of State may, as a condition of the
 2    reissuance of a driver's license or permit  to  an  applicant
 3    under  the  age  of 18 years whose driver's license or permit
 4    has been suspended pursuant to any of the provisions of  this
 5    Section,  require  the  applicant  to participate in a driver
 6    remedial education course and be retested under Section 6-109
 7    of this Code.
 8        (d)  This Section is subject to  the  provisions  of  the
 9    Drivers License Compact.
10        (e)  The  Secretary of State shall not issue a restricted
11    driving permit to a person under the age of  16  years  whose
12    driving  privileges have been suspended or  revoked under any
13    provisions of this Code.
14    (Source: P.A. 89-283, eff.  1-1-96;  89-428,  eff.  12-13-95;
15    89-462,  eff.  5-29-96;  90-43,  eff.  7-2-97;  90-106,  eff.
16    1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)

17        (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
18        Sec.  6-208.  Period  of  Suspension  - Application After
19    Revocation.
20        (a) Except as otherwise provided  by  this  Code  or  any
21    other  law  of  this  State, the Secretary of State shall not
22    suspend a driver's license, permit or privilege  to  drive  a
23    motor  vehicle  on the highways for a period of more than one
24    year.
25        (b)  Any person whose license,  permit  or  privilege  to
26    drive  a motor vehicle on the highways has been revoked shall
27    not be entitled to have such  license,  permit  or  privilege
28    renewed  or  restored.   However,  such person may, except as
29    provided  under  subsection  (d)  of  Section   6-205,   make
30    application  for  a  license pursuant to Section 6-106 (i) if
31    the revocation was for a cause which has been removed or (ii)
32    as provided in the following subparagraphs:
33             1.  Except as provided in subparagraphs 2, 3, and 4,
 
                            -20-              LRB9101236KSgcA
 1        the person may make application for a license  after  the
 2        expiration  of  one  year  from the effective date of the
 3        revocation or, in the case of a  violation  of  paragraph
 4        (b) of Section 11-401 of this Code or a similar provision
 5        of  a  local  ordinance,  after the expiration of 3 years
 6        from the effective date of the revocation or, in the case
 7        of a violation of Section 9-3 of  the  Criminal  Code  of
 8        1961  relating to the offense of reckless homicide, after
 9        the expiration of 2 years from the effective date of  the
10        revocation.; or
11             2.  If  such  person  is  convicted  of committing a
12        second violation within a 20 year period of:
13                  (A)  Section 11-501 of this Code, or a  similar
14             provision of a local ordinance; or
15                  (B)  Paragraph  (b)  of  Section 11-401 of this
16             Code, or a similar provision of a  local  ordinance;
17             or
18                  (C)  Section  9-3 of the Criminal Code of 1961,
19             as amended, relating  to  the  offense  of  reckless
20             homicide; or
21                  (D)  any  combination  of  the  above  offenses
22             committed at different instances;
23        then  such  person may not make application for a license
24        until after the expiration of 5 years from the  effective
25        date  of  the most recent revocation.  The 20 year period
26        shall be computed by using the dates  the  offenses  were
27        committed  and  shall  also  include similar out-of-state
28        offenses.
29             3.  However, except as provided in  subparagraph  4,
30        if  such  person  is  convicted of committing a third, or
31        subsequent, violation or any  combination  of  the  above
32        offenses,   including   similar   out-of-state  offenses,
33        contained in subparagraph 2, then  such  person  may  not
34        make application for a license until after the expiration
 
                            -21-              LRB9101236KSgcA
 1        of  10  years  from the effective date of the most recent
 2        revocation.
 3             4.  The  person  may  not  make  application  for  a
 4        license if the person is convicted of committing a fourth
 5        or subsequent violation of Section 11-501 of this Code or
 6        a similar provision of a local ordinance,  paragraph  (b)
 7        of  Section  11-401  of  this  Code,  Section  9-3 of the
 8        Criminal Code of 1961, or a combination of these offenses
 9        or similar provisions  of  local  ordinances  or  similar
10        out-of-state  offenses  if  the  original  revocation  or
11        suspension  was  for  a  violation  of  Section 11-501 or
12        11-501.1 of this Code or a similar provision of  a  local
13        ordinance.
14        Notwithstanding  any  other  provision  of this Code, all
15    persons referred to in this paragraph (b) may not have  their
16    privileges  restored  until the Secretary receives payment of
17    the required reinstatement fee pursuant to subsection (b)  of
18    Section 6-118.
19        In no event shall the Secretary issue such license unless
20    and until such person has had a hearing pursuant to this Code
21    and the appropriate administrative rules and the Secretary is
22    satisfied,  after  a  review or investigation of such person,
23    that to grant the privilege of driving a motor vehicle on the
24    highways will not endanger the public safety or welfare.
25    (Source: P.A. 89-156,  eff.  1-1-96;  90-543,  eff.  12-1-97;
26    90-738, eff. 1-1-99; revised 10-31-98.)

27        (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
28        Sec. 6-208.1.  Period of statutory summary alcohol, other
29    drug, or intoxicating compound related suspension.
30        (a)  Unless  the  statutory  summary  suspension has been
31    rescinded, any  person  whose  privilege  to  drive  a  motor
32    vehicle  on the public highways has been summarily suspended,
33    pursuant to  Section  11-501.1  or  11-501.5,  shall  not  be
 
                            -22-              LRB9101236KSgcA
 1    eligible   for   restoration   of  the  privilege  until  the
 2    expiration of:
 3             1.  Six  months  from  the  effective  date  of  the
 4        statutory summary suspension for a refusal or failure  to
 5        complete  a test or tests to determine the alcohol, drug,
 6        or  intoxicating  compound  concentration,  pursuant   to
 7        Section 11-501.1; or
 8             1.1.  Four  months  from  the  effective date of the
 9        statutory summary suspension for a refusal or failure  to
10        complete  a  preliminary  breath  screening test or field
11        sobriety test or tests under Section 11-501.5; or
12             2.  Three months from  the  effective  date  of  the
13        statutory   summary   suspension  imposed  following  the
14        person's submission to a chemical test which disclosed an
15        alcohol concentration of 0.08 or more, or any amount of a
16        drug,  substance,  or  intoxicating  compound   in   such
17        person's  breath,  blood,  or  urine  resulting  from the
18        unlawful use or consumption of  cannabis  listed  in  the
19        Cannabis  Control  Act,  a controlled substance listed in
20        the   Illinois   Controlled   Substances   Act,   or   an
21        intoxicating compound listed in the Use  of  Intoxicating
22        Compounds Act, pursuant to Section 11-501.1; or
23             3.  Three  years  from  the  effective  date  of the
24        statutory summary suspension for any person other than  a
25        first offender who refuses or fails to complete a test or
26        tests  to  determine  the  alcohol, drug, or intoxicating
27        compound concentration pursuant to Section 11-501.1; or
28             3.1.  Two years  from  the  effective  date  of  the
29        statutory  summary suspension for any person other than a
30        first  offender  who  refuses  or  fails  to  complete  a
31        preliminary breath screening test or field sobriety  test
32        or tests under Section 11-501.5; or
33             4.  One  year from the effective date of the summary
34        suspension imposed for any  person  other  than  a  first
 
                            -23-              LRB9101236KSgcA
 1        offender  following  submission  to a chemical test which
 2        disclosed  an  alcohol  concentration  of  0.08  or  more
 3        pursuant to Section 11-501.1 or any  amount  of  a  drug,
 4        substance  or  compound  in  such person's blood or urine
 5        resulting  from  the  unlawful  use  or  consumption   of
 6        cannabis listed in the Cannabis Control Act, a controlled
 7        substance  listed  in  the Illinois Controlled Substances
 8        Act, or an intoxicating compound listed  in  the  Use  of
 9        Intoxicating Compounds Act.
10        (b)  Following  a  statutory  summary  suspension  of the
11    privilege to drive a motor vehicle under Section 11-501.1  or
12    11-501.5,  full  driving  privileges shall be restored unless
13    the person is otherwise disqualified by this  Code.   If  the
14    court  has  reason  to  believe  that  the  person's  driving
15    privilege  should not be restored, the court shall notify the
16    Secretary of State prior to the expiration of  the  statutory
17    summary   suspension  so  appropriate  action  may  be  taken
18    pursuant to this Code.
19        (c)  Full driving privileges may not  be  restored  until
20    all  applicable reinstatement fees, as provided by this Code,
21    have been paid to the Secretary of State and the  appropriate
22    entry made to the driver's record.
23        (d)  Where   a   driving  privilege  has  been  summarily
24    suspended under Section 11-501.1 or 11-501.5 and  the  person
25    is  subsequently  convicted of violating Section 11-501, or a
26    similar  provision  of  a  local  ordinance,  for  the   same
27    incident,  any  period served on statutory summary suspension
28    shall be credited toward the minimum period of revocation  of
29    driving privileges imposed pursuant to Section 6-205.
30        (e)  Following  a statutory summary suspension of driving
31    privileges  pursuant  to  Section  11-501.1,  for   a   first
32    offender,  the circuit court may, after at least 30 days from
33    the effective date of the statutory summary suspension, issue
34    a judicial driving permit as provided in Section 6-206.1.
 
                            -24-              LRB9101236KSgcA
 1        (f)  Subsequent to an arrest of a first offender, for any
 2    offense as defined in Section 11-501 or a  similar  provision
 3    of   a   local   ordinance,  following  a  statutory  summary
 4    suspension  of  driving  privileges   pursuant   to   Section
 5    11-501.1, for a first offender, the circuit court may issue a
 6    court  order  directing  the  Secretary  of  State to issue a
 7    judicial driving  permit  as  provided  in  Section  6-206.1.
 8    However,  this  JDP  shall not be effective prior to the 31st
 9    day of the statutory summary suspension.
10        (g)  Following a statutory summary suspension of  driving
11    privileges pursuant to Section 11-501.1 or 11-501.5 where the
12    person was not a first offender, as defined in Section 11-500
13    and such person refused or failed to complete a test or tests
14    to  determine  the  alcohol,  drug,  or intoxicating compound
15    concentration pursuant to Section 11-501.1 or  a  preliminary
16    breath  screening  test or field sobriety test or tests under
17    Section  11-501.5,  the  Secretary  of  State  may  issue   a
18    restricted  driving  permit  if at least 2 years have elapsed
19    since the effective date of the statutory summary  suspension
20    for a suspension issued pursuant to Section 11-501.1 or if at
21    least  16  months  have elapsed since the effective date of a
22    suspension issued pursuant to Section 11-501.5.
23        (h)  Following a statutory summary suspension of  driving
24    privileges  pursuant to Section 11-501.1 where the person was
25    not a first offender as defined in Section  11-500  and  such
26    person  submitted  to  a  chemical  test  which  disclosed an
27    alcohol concentration of 0.08 or  more  pursuant  to  Section
28    11-501.1,  the Secretary of State may, after at least 90 days
29    from the effective date of the statutory summary  suspension,
30    issue a restricted driving permit.
31        (i)  When  a person has refused to submit to or failed to
32    complete a chemical test or tests of blood, breath, or  urine
33    pursuant  to  Section  11-501.1  or  to  a preliminary breath
34    screening test or field sobriety test or  tests  pursuant  to
 
                            -25-              LRB9101236KSgcA
 1    Section  11-501.5,  the  person's driving privileges shall be
 2    statutorily suspended under the provisions of both  Sections,
 3    but   the   periods   of   statutory   suspension  shall  run
 4    concurrently.
 5    (Source: P.A.  89-203,  eff.  7-21-95;  90-43,  eff.  7-2-97;
 6    90-738, eff. 1-1-99; 90-779, eff. 1-1-99; revised 9-21-98.)

 7        (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
 8        Sec.  6-303.  Driving  while  driver's license, permit or
 9    privilege to operate a motor vehicle is suspended or revoked.
10        (a)  Any person who  drives  or  is  in  actual  physical
11    control  of a motor vehicle on any highway of this State at a
12    time when such person's driver's license, permit or privilege
13    to do so or the privilege to obtain  a  driver's  license  or
14    permit  is  revoked  or suspended as provided by this Code or
15    the law of another  state,  except  as  may  be  specifically
16    allowed  by  a  judicial  driving  permit,  family  financial
17    responsibility driving permit, probationary license to drive,
18    or  a  restricted driving permit issued pursuant to this Code
19    or under the law of another state, shall be guilty of a Class
20    A misdemeanor.
21        (b)  The Secretary of State upon receiving  a  report  of
22    the  conviction  of  any  violation  indicating  a person was
23    operating a motor vehicle during the time when said  person's
24    driver's  license,  permit  or privilege was suspended by the
25    Secretary, by the appropriate authority of another state,  or
26    pursuant  to Section 11-501.1 or 11-501.5, ; except as may be
27    specifically allowed by  a  probationary  license  to  drive,
28    judicial  driving  permit or restricted driving permit issued
29    pursuant to this Code or the  law  of  another  state;  shall
30    extend  the  suspension  for  the  same period of time as the
31    originally imposed suspension;  however,  if  the  period  of
32    suspension   has   then   expired,  the  Secretary  shall  be
33    authorized to suspend said person's  driving  privileges  for
 
                            -26-              LRB9101236KSgcA
 1    the same period of time as the originally imposed suspension;
 2    and  if the conviction was upon a charge which indicated that
 3    a vehicle was operated during  the  time  when  the  person's
 4    driver's  license, permit or privilege was revoked; except as
 5    may be allowed by a restricted driving permit issued pursuant
 6    to this Code or the law of another state; the Secretary shall
 7    not issue a driver's license for an additional period of  one
 8    year  from the date of such conviction indicating such person
 9    was operating a vehicle during such period of revocation.
10        (c)  Any person convicted of violating this Section shall
11    serve a minimum term of imprisonment of 7 consecutive days or
12    30 days  of  community  service  when  the  person's  driving
13    privilege was revoked or suspended as a result of:
14             (1)  a violation of Section 11-501 of this Code or a
15        similar  provision  of  a local ordinance relating to the
16        offense of operating or being in physical  control  of  a
17        vehicle  while  under the influence of alcohol, any other
18        drug or any combination thereof; or
19             (2)  a violation of paragraph (b) of Section  11-401
20        of  this Code or a similar provision of a local ordinance
21        relating to the offense of leaving the scene of  a  motor
22        vehicle accident involving personal injury or death; or
23             (3)  a violation of Section 9-3 of the Criminal Code
24        of  1961, as amended, relating to the offense of reckless
25        homicide; or
26             (4)  a statutory summary  suspension  under  Section
27        11-501.1 or 11-501.5 of this Code.
28        Such  sentence of imprisonment or community service shall
29    not  be  subject  to  suspension  in  order  to  reduce  such
30    sentence.
31        (d)  Any person  convicted  of  a  second  or  subsequent
32    violation of this Section shall be guilty of a Class 4 felony
33    if  the original revocation or suspension was for a violation
34    of Section 11-401 or  11-501  of  this  Code,  or  a  similar
 
                            -27-              LRB9101236KSgcA
 1    out-of-state  offense,  or  a  similar  provision  of a local
 2    ordinance, a violation of Section 9-3 of the Criminal Code of
 3    1961, relating to the offense  of  reckless  homicide,  or  a
 4    similar   out-of-state   offense,   or  a  statutory  summary
 5    suspension under Section 11-501.1 or 11-501.5 of this Code.
 6        (e)  Any person in violation of this Section who is  also
 7    in  violation  of  Section  7-601  of  this  Code relating to
 8    mandatory  insurance  requirements,  in  addition  to   other
 9    penalties  imposed  under this Section, shall have his or her
10    motor vehicle immediately  impounded  by  the  arresting  law
11    enforcement  officer.    The motor vehicle may be released to
12    any licensed driver upon a showing of proof of insurance  for
13    the  vehicle  that  was  impounded  and the notarized written
14    consent for the release by the vehicle owner.
15        (f)  For any prosecution under this Section, a  certified
16    copy  of  the  driving  abstract  of  the  defendant shall be
17    admitted as proof of any prior conviction.
18    (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
19    eff. 1-1-96;  89-626,  eff.  8-9-96;  90-400,  eff.  8-15-97;
20    90-738, eff. 1-1-99.)

21        (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
22        Sec.    11-500.  Definitions.   For   the   purposes   of
23    interpreting Sections  6-206.1  and  6-208.1  of  this  Code,
24    "first offender" shall mean: (i) any person who has not had a
25    previous   conviction   or  court  assigned  supervision  for
26    violating Section 11-501, or a similar provision of  a  local
27    ordinance, or a conviction in any other state for a violation
28    of  driving  while  under  the influence or a similar offense
29    where the cause  of  action  is  the  same  or  substantially
30    similar  to  this  Code, or (ii) any person who has not had a
31    driver's license suspension for violating Section 11-501.1 or
32    11-501.5 within 10 5 years prior to the date of  the  current
33    offense  or  failure to submit to or complete a chemical test
 
                            -28-              LRB9101236KSgcA
 1    or tests of blood,  breath,  or  urine  pursuant  to  Section
 2    11-501.1  or  a  preliminary breath screening test or a field
 3    sobriety test or tests pursuant to Section  11-501.5,  except
 4    in  cases  where  the  driver  submitted  to chemical testing
 5    resulting in an alcohol concentration of 0.08 or more, or any
 6    amount of a drug, substance, or  compound  in  such  person's
 7    blood or urine resulting from the unlawful use or consumption
 8    of  cannabis listed in the Cannabis Control Act, a controlled
 9    substance listed in the Illinois Controlled  Substances  Act,
10    or an intoxicating compound listed in the Use of Intoxicating
11    Compounds  Act  and  was  subsequently  found  not  guilty of
12    violating Section 11-501, or a similar provision of  a  local
13    ordinance.
14    (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)

15        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
16        Sec.  11-501.   Driving  while  under  the  influence  of
17    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
18    compounds or any combination thereof.
19        (a)  A  person  shall  not drive or be in actual physical
20    control of any vehicle within this State while:
21             (1)  the alcohol concentration in the person's blood
22        or breath is 0.08 or more  based  on  the  definition  of
23        blood and breath units in Section 11-501.2;
24             (2)  under the influence of alcohol;
25             (3)  under   the   influence   of  any  intoxicating
26        compound or combination of intoxicating  compounds  to  a
27        degree  that  renders  the  person  incapable  of driving
28        safely;
29             (4)  under  the  influence  of  any  other  drug  or
30        combination of drugs to a degree that renders the  person
31        incapable of safely driving;
32             (5)  under  the combined influence of alcohol, other
33        drug or drugs, or intoxicating compound or compounds to a
 
                            -29-              LRB9101236KSgcA
 1        degree  that  renders  the  person  incapable  of  safely
 2        driving; or
 3             (6)  there is any amount of a  drug,  substance,  or
 4        compound   in   the  person's  breath,  blood,  or  urine
 5        resulting  from  the  unlawful  use  or  consumption   of
 6        cannabis listed in the Cannabis Control Act, a controlled
 7        substance  listed  in  the Illinois Controlled Substances
 8        Act, or an intoxicating compound listed  in  the  Use  of
 9        Intoxicating Compounds Act.
10        (b)  The fact that any person charged with violating this
11    Section is or has been legally entitled to use alcohol, other
12    drug  or drugs, or intoxicating compound or compounds, or any
13    combination thereof,  shall not constitute a defense  against
14    any charge of violating this Section.
15        (c)  Except as provided under paragraphs (c-3) and (d) of
16    this  Section,  every  person  convicted  of  violating  this
17    Section or a similar provision of a local ordinance, shall be
18    guilty of a Class A misdemeanor and, in addition to any other
19    criminal  or administrative action, for any second conviction
20    of violating this Section or a similar provision of a law  of
21    another  state or local ordinance committed within 5 years of
22    a previous violation of this Section or a  similar  provision
23    of  a  local  ordinance  shall  be mandatorily sentenced to a
24    minimum of 48 consecutive hours of imprisonment  or  assigned
25    to  a  minimum  of  100  hours of community service as may be
26    determined by the court.  Every person convicted of violating
27    this Section or a similar  provision  of  a  local  ordinance
28    shall  be  subject  to a mandatory minimum fine of $500 and a
29    mandatory 5 days of community service in a program benefiting
30    children if the person committed a violation of paragraph (a)
31    or  a  similar  provision  of   a   local   ordinance   while
32    transporting a person under age 16.  Every person convicted a
33    second time for violating this Section or a similar provision
34    of  a  local ordinance within 5 years of a previous violation
 
                            -30-              LRB9101236KSgcA
 1    of this Section or a similar provision of a  law  of  another
 2    state  or  local  ordinance  shall  be subject to a mandatory
 3    minimum fine of $1,000 $500  and  20  10  days  of  mandatory
 4    community  service  in  a  program benefiting children if the
 5    current offense was committed  while  transporting  a  person
 6    under  age  16.   The  imprisonment  or assignment under this
 7    subsection shall not be subject to suspension nor  shall  the
 8    person  be  eligible  for  probation  in  order to reduce the
 9    sentence or assignment.
10        (c-1) (1)  A person who violates this  Section  during  a
11        period in which his or her driving privileges are revoked
12        or  suspended, where the revocation or suspension was for
13        a violation of this Section or a similar provision  of  a
14        local  ordinance,  a failure to submit to a chemical test
15        or tests of blood, breath, or urine pursuant to , Section
16        11-501.1 or to a preliminary  breath  screening  test  or
17        field sobriety test or tests pursuant to Section 11-501.5
18        of  this  Code, a violation of , paragraph (b) of Section
19        11-401 of this Code, or a violation of Section 9-3 of the
20        Criminal Code of 1961 is guilty of a Class 4 felony.
21             (2)  A person who violates this Section a third time
22        during a period in which his or  her  driving  privileges
23        are   revoked   or  suspended  where  the  revocation  or
24        suspension was for a violation  of  this  Section,  or  a
25        similar  violation  of  a  local  ordinance, a failure to
26        submit to a chemical test or tests of blood,  breath,  or
27        urine  pursuant  to  Section 11-501.1 or to a preliminary
28        breath screening test or field  sobriety  test  or  tests
29        pursuant to Section 11-501.5 of this Code, a violation of
30          ,  paragraph  (b)  of Section 11-401 of this Code, or a
31        violation of Section 9-3 of the Criminal Code of 1961  is
32        guilty of a Class 3 felony.
33             (3)  A  person who violates this Section a fourth or
34        subsequent time during a  period  in  which  his  or  her
 
                            -31-              LRB9101236KSgcA
 1        driving  privileges  are  revoked  or suspended where the
 2        revocation or suspension was  for  a  violation  of  this
 3        Section  or  a  similar violation of a local ordinance, a
 4        failure to submit to a chemical test or tests  of  blood,
 5        breath,  or  urine  pursuant  to Section 11-501.1 or to a
 6        preliminary breath screening test or field sobriety  test
 7        or  tests  pursuant  to  Section 11-501.5 of this Code, a
 8        violation of , paragraph (b) of Section  11-401  of  this
 9        Code,  or a violation of Section 9-3 of the Criminal Code
10        of 1961 is guilty of a Class 2 felony.
11        (c-2)  (Blank).
12        (c-3)  Every person convicted of violating  this  Section
13    or  a  similar provision of a local ordinance who had a child
14    under age 16 in the vehicle at the time of the offense  shall
15    have  his or her punishment under this Act enhanced by 2 days
16    of imprisonment for a first offense, 10 days of  imprisonment
17    for  a  second  offense,  30 days of imprisonment for a third
18    offense,  and  90  days  of  imprisonment  for  a  fourth  or
19    subsequent offense, in addition to  the  fine  and  community
20    service  required  under  subsection  (c)  and  the  possible
21    imprisonment required under subsection (d).  The imprisonment
22    or  assignment  under this subsection shall not be subject to
23    suspension nor shall the person be eligible for probation  in
24    order to reduce the sentence or assignment.
25        (d) (1)  Every person convicted of committing a violation
26    of  this  Section shall be guilty of aggravated driving under
27    the  influence  of  alcohol,  other   drug   or   drugs,   or
28    intoxicating   compound  or  compounds,  or  any  combination
29    thereof if:
30             (A)  the  person  committed  a  violation  of   this
31        Section, or a similar provision of a law of another state
32        or a local ordinance when the cause of action is the same
33        as  or  substantially  similar  to  this Section, for the
34        third or subsequent time;
 
                            -32-              LRB9101236KSgcA
 1             (B)  the person committed a violation  of  paragraph
 2        (a) while driving a school bus with children on board;
 3             (C)  the   person   in  committing  a  violation  of
 4        paragraph (a) was involved in a  motor  vehicle  accident
 5        that   resulted   in   great  bodily  harm  or  permanent
 6        disability  or  disfigurement  to   another,   when   the
 7        violation was a proximate cause of the injuries; or
 8             (D)  the  person  committed a violation of paragraph
 9        (a) for a second time and has been  previously  convicted
10        of  violating  Section  9-3  of the Criminal Code of 1961
11        relating to reckless homicide in  which  the  person  was
12        determined  to  have been under the influence of alcohol,
13        other  drug  or  drugs,  or  intoxicating   compound   or
14        compounds  as an element of the offense or the person has
15        previously been convicted under subparagraph (C) of  this
16        paragraph (1).
17        (2)  Aggravated  driving  under the influence of alcohol,
18    other drug or drugs, or intoxicating compound  or  compounds,
19    or  any  combination  thereof is a Class 4 felony for which a
20    person, if sentenced to a  term  of  imprisonment,  shall  be
21    sentenced to not less than one year and not more than 3 years
22    for  a violation of subparagraph (A), (B) or (D) of paragraph
23    (1) of this subsection (d) and not less than one year and not
24    more than 12 years for a violation  of  subparagraph  (C)  of
25    paragraph  (1)  of  this  subsection (d). For any prosecution
26    under this subsection (d), a certified copy  of  the  driving
27    abstract  of  the defendant shall be admitted as proof of any
28    prior conviction.
29        (e)  After a finding of guilt  and  prior  to  any  final
30    sentencing, or an order for supervision, for an offense based
31    upon  an  arrest for a violation of this Section or a similar
32    provision of a local ordinance, individuals shall be required
33    to undergo a  professional  evaluation  to  determine  if  an
34    alcohol,  drug, or intoxicating compound abuse problem exists
 
                            -33-              LRB9101236KSgcA
 1    and the extent of the  problem.   Programs  conducting  these
 2    evaluations  shall  be  licensed  by  the Department of Human
 3    Services.  The cost of any professional evaluation  shall  be
 4    paid   for   by   the  individual  required  to  undergo  the
 5    professional evaluation.
 6        (f)  Every person found guilty of violating this Section,
 7    whose operation of a motor vehicle while in violation of this
 8    Section proximately  caused  any  incident  resulting  in  an
 9    appropriate  emergency  response,  shall  be  liable  for the
10    expense of an emergency response as  provided  under  Section
11    5-5-3 of the Unified Code of Corrections.
12        (g)  The  Secretary  of  State  shall  revoke the driving
13    privileges of any person convicted under this  Section  or  a
14    similar provision of a local ordinance.
15        (h)  Every  person sentenced under subsection (d) of this
16    Section and who receives a term of probation  or  conditional
17    discharge shall be required to serve a minimum term of either
18    30  days  community  service  or,  beginning July 1, 1993, 48
19    consecutive hours of  imprisonment  as  a  condition  of  the
20    probation  or  conditional discharge.  This mandatory minimum
21    term of imprisonment or assignment of community service shall
22    not be suspended and shall not be subject to reduction by the
23    court.
24        (i)  The Secretary of State may  use  ignition  interlock
25    device   requirements   when   granting   driving  relief  to
26    individuals who have been arrested for a second or subsequent
27    offense of this Section or a similar  provision  of  a  local
28    ordinance.    The  Secretary  shall  establish  by  rule  and
29    regulation the procedures for use of the interlock system.
30    (Source: P.A.  89-8,  eff.  3-21-95;  89-156,  eff.   1-1-96;
31    89-203,  eff.  7-21-95;  89-507,  eff.  7-1-97;  89-626, eff.
32    8-9-96; 90-43, eff. 7-2-97;  90-400,  eff.  8-15-97;  90-611,
33    eff.  1-1-99;  90-655,  eff.  7-30-98;  90-738,  eff. 1-1-99;
34    90-779, eff. 1-1-99; revised 9-16-98.)
 
                            -34-              LRB9101236KSgcA
 1        (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
 2        Sec. 11-501.1.  Suspension of drivers license;  statutory
 3    summary   alcohol,  other  drug  or  drugs,  or  intoxicating
 4    compound or compounds related suspension; implied consent.
 5        (a)  Any person who  drives  or  is  in  actual  physical
 6    control of a motor vehicle within upon the public highways of
 7     this State shall be deemed to have given consent, subject to
 8    the  provisions  of  Section  11-501.2, to a chemical test or
 9    tests  of  blood,  breath,  or  urine  for  the  purpose   of
10    determining  the  content of alcohol, other drug or drugs, or
11    intoxicating compound or compounds or any combination thereof
12    in the person's  blood  if  arrested,  as  evidenced  by  the
13    issuance  of  a  Uniform  Traffic  Ticket, for any offense as
14    defined in Section 11-501 or a similar provision of  a  local
15    ordinance.    The  test or tests shall be administered at the
16    direction of  the  arresting  officer.  The  law  enforcement
17    agency  employing  the  officer  shall designate which of the
18    aforesaid tests shall be administered.  A urine test  may  be
19    administered  even  after  a blood or breath test or both has
20    been administered.  For purposes of this Section, an Illinois
21    law enforcement officer of this State  who  is  investigating
22    the  person  for  any  offense  defined in Section 11-501 may
23    travel into an adjoining state, where  the  person  has  been
24    transported  for  medical  care, to complete an investigation
25    and to request that the person submit to the  test  or  tests
26    set  forth in this Section.  The requirements of this Section
27    that the person be arrested are inapplicable, but the officer
28    shall issue the  person  a  Uniform  Traffic  Ticket  for  an
29    offense  as  defined in Section 11-501 or a similar provision
30    of a local ordinance prior  to  requesting  that  the  person
31    submit  to  the  test  or tests.  The issuance of the Uniform
32    Traffic Ticket shall not constitute an arrest, but  shall  be
33    for  the  purpose  of  notifying the person that he or she is
34    subject  to  the  provisions  of  this  Section  and  of  the
 
                            -35-              LRB9101236KSgcA
 1    officer's belief  of  the  existence  of  probable  cause  to
 2    arrest.  Upon returning to this State, the officer shall file
 3    the  Uniform  Traffic  Ticket  with  the Circuit Clerk of the
 4    county where the offense was committed, and  shall  seek  the
 5    issuance of an arrest warrant or a summons for the person.
 6        (b)  Any  person  who  is  dead,  unconscious,  or who is
 7    otherwise in a condition rendering the  person  incapable  of
 8    refusal,  shall  be  deemed not to have withdrawn the consent
 9    provided by paragraph (a) of this Section  and  the  test  or
10    tests  may  be  administered,  subject  to  the provisions of
11    Section 11-501.2.
12        (c)  A person requested to submit to a test  as  provided
13    above   shall  be  warned  by  the  law  enforcement  officer
14    requesting the test that a refusal to submit to the test will
15    result in the statutory summary suspension  of  the  person's
16    privilege  to  operate a motor vehicle as provided in Section
17    6-208.1 of this Code. The person shall also be warned by  the
18    law  enforcement  officer  that  if the person submits to the
19    test or tests provided in paragraph (a) of this  Section  and
20    the  alcohol concentration in the person's blood or breath is
21    0.08 or greater, or any  amount  of  a  drug,  substance,  or
22    compound  resulting  from  the unlawful use or consumption of
23    cannabis as covered by the Cannabis Control Act, a controlled
24    substance listed in the Illinois Controlled  Substances  Act,
25    or an intoxicating compound listed in the Use of Intoxicating
26    Compounds  Act  is detected in the person's blood or urine, a
27    statutory summary suspension of  the  person's  privilege  to
28    operate  a motor vehicle, as provided in Sections 6-208.1 and
29    11-501.1 of this Code, will, be imposed.
30        A person who is under the age  of  21  at  the  time  the
31    person  is  requested  to  submit to a test as provided above
32    shall, in addition to  the  warnings  provided  for  in  this
33    Section,  be  further  warned  by the law enforcement officer
34    requesting the test that if the person submits to the test or
 
                            -36-              LRB9101236KSgcA
 1    tests provided in paragraph  (a)  of  this  Section  and  the
 2    alcohol  concentration  in  the  person's blood or  breath is
 3    greater than 0.00 and less than 0.08,  a  suspension  of  the
 4    person's  privilege  to  operate a motor vehicle, as provided
 5    under Sections 6-208.2 and 11-501.8 of  this  Code,  will  be
 6    imposed.   The  results of this test shall be admissible in a
 7    civil or criminal action or proceeding arising from an arrest
 8    for an offense as defined in Section 11-501 of this Code or a
 9    similar provision of a local ordinance or pursuant to Section
10    11-501.4 in prosecutions for reckless homicide brought  under
11    the Criminal Code of 1961. These test results, however, shall
12    be admissible only in actions or proceedings directly related
13    to the incident upon which the test request was made.
14        (d)  If  the  person refuses testing or submits to a test
15    that discloses an alcohol concentration of 0.08 or  more,  or
16    any  amount of a drug, substance, or intoxicating compound in
17    the person's breath,  blood,  or  urine  resulting  from  the
18    unlawful  use  or  consumption  of  cannabis  listed  in  the
19    Cannabis  Control  Act,  a controlled substance listed in the
20    Illinois  Controlled  Substances  Act,  or  an   intoxicating
21    compound listed in the Use of Intoxicating Compounds Act, the
22    law  enforcement  officer  shall  immediately  submit a sworn
23    report to the circuit court of venue  and  the  Secretary  of
24    State,  certifying  that  the  test  or  tests  was  or  were
25    requested  under  paragraph  (a)  and  the  person refused to
26    submit to a test, or tests,  or  submitted  to  testing  that
27    disclosed an alcohol concentration of 0.08 or more.
28        (e)  Upon   receipt   of   the  sworn  report  of  a  law
29    enforcement  officer  submitted  under  paragraph  (d),   the
30    Secretary   of   State  shall  enter  the  statutory  summary
31    suspension for the periods specified in Section 6-208.1,  and
32    effective as provided in paragraph (g).
33        If  the  person is a first offender as defined in Section
34    11-500 of this Code, and is not convicted of a  violation  of
 
                            -37-              LRB9101236KSgcA
 1    Section 11-501 of this Code or a similar provision of a local
 2    ordinance,  then  reports  received by the Secretary of State
 3    under this Section shall, except during the actual  time  the
 4    Statutory  Summary  Suspension  is  in  effect, be privileged
 5    information and for use only by the courts, police  officers,
 6    prosecuting authorities or the Secretary of State.
 7        (f)  The  law  enforcement  officer  submitting the sworn
 8    report under paragraph (d) shall serve  immediate  notice  of
 9    the  statutory  summary  suspension  on  the  person  and the
10    suspension shall be effective as provided in  paragraph  (g).
11    In  cases  where  the  blood alcohol concentration of 0.08 or
12    greater or any amount  of  a  drug,  substance,  or  compound
13    resulting from the unlawful use or consumption of cannabis as
14    covered  by  the Cannabis Control Act, a controlled substance
15    listed in the  Illinois  Controlled  Substances  Act,  or  an
16    intoxicating  compound  listed  in  the  Use  of Intoxicating
17    Compounds Act is established  by  a  subsequent  analysis  of
18    blood or urine collected at the time of arrest, the arresting
19    officer  or arresting agency shall give notice as provided in
20    this Section or by deposit in the United States mail  of  the
21    notice  in  an envelope with postage prepaid and addressed to
22    the person at his address as shown  on  the  Uniform  Traffic
23    Ticket  and  the  statutory summary suspension shall begin as
24    provided in paragraph (g).  The officer shall confiscate  any
25    Illinois driver's license or permit on the person at the time
26    of  arrest.  If  the  person  has a valid driver's license or
27    permit, the officer shall issue the person a  receipt,  in  a
28    form  prescribed  by  the Secretary of State, that will allow
29    that person to drive  during  the  periods  provided  for  in
30    paragraph  (g).  The  officer  shall  immediately forward the
31    driver's license or permit to  the  circuit  court  of  venue
32    along with the sworn report provided for in paragraph (d).
33        (g)  The statutory summary suspension referred to in this
34    Section  shall take effect on the 46th day following the date
 
                            -38-              LRB9101236KSgcA
 1    the notice of the statutory summary suspension was  given  to
 2    the person.
 3        (h)  The  following  procedure  shall  apply  whenever  a
 4    person  is  arrested  for  any  offense as defined in Section
 5    11-501 or a similar provision of a local ordinance:
 6        Upon receipt of the sworn report from the law enforcement
 7    officer, the Secretary of State shall confirm  the  statutory
 8    summary  suspension by mailing a notice of the effective date
 9    of the suspension to the  person  and  the  court  of  venue.
10    However,   should  the  sworn  report  be  defective  by  not
11    containing sufficient information or be completed  in  error,
12    the  confirmation  of  the statutory summary suspension shall
13    not be mailed to  the  person  or  entered  to  the  record;,
14    instead,  the sworn report shall be forwarded to the court of
15    venue with a copy returned to the issuing agency  identifying
16    any defect.
17    (Source: P.A.   90-43,  eff.  7-2-97;  90-779,  eff.  1-1-99;
18    revised 10-31-98.)

19        (625 ILCS 5/11-501.4-1)
20        Sec. 11-501.4-1. Reporting of test results  of  blood  or
21    urine  conducted in the regular course of providing emergency
22    medical treatment.
23        (a)  Notwithstanding any  other  provision  of  law,  the
24    results  of blood or urine tests performed for the purpose of
25    determining the content of alcohol, other drug or  drugs,  or
26    intoxicating   compound  or  compounds,  or  any  combination
27    thereof, in an individual's blood  or  urine  conducted  upon
28    persons  receiving  medical treatment in a hospital emergency
29    room for injuries resulting from  a  motor  vehicle  accident
30    shall  may  be  reported to the Department of State Police or
31    local law enforcement agencies. Such blood or urine tests are
32    admissible in evidence as a business record exception to  the
33    hearsay  rule  only  in  prosecutions  for  any  violation of
 
                            -39-              LRB9101236KSgcA
 1    Section 11-501 of this Code or a similar provision of a local
 2    ordinance, or in prosecutions for reckless  homicide  brought
 3    under the Criminal Code of 1961.
 4        (b)  The  confidentiality provisions of law pertaining to
 5    medical records and medical treatment shall not be applicable
 6    with regard to tests performed upon an individual's blood  or
 7    urine under the provisions of subsection (a) of this Section.
 8    No  person  shall be liable for civil damages or professional
 9    discipline as a result of the reporting of the tests  or  the
10    evidentiary  use  of  an  individual's  blood  or  urine test
11    results under this Section or Section 11-501.4 or as a result
12    of that person's testimony made available under this  Section
13    or Section 11-501.4, except for willful or wanton misconduct.
14    (Source: P.A. 89-517, eff. 1-1-97; 90-779, eff. 1-1-99.)

15        (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
16        Sec.  11-501.5.   Preliminary  breath  screening test and
17    field sobriety tests.
18        (a)  Any person who  drives  or  is  in  actual  physical
19    control  of a motor vehicle within this State shall be deemed
20    to have given consent  to  providing  If  a  law  enforcement
21    officer  has reasonable suspicion to believe that a person is
22    violating  or  has  violated  Section  11-501  or  a  similar
23    provision of a local ordinance,  the  officer,  prior  to  an
24    arrest,  may request the person to provide a sample of his or
25    her breath for a preliminary breath screening  test  using  a
26    portable  device  approved by the Department of Public Health
27    and to performing any field sobriety test or  tests  approved
28    by  the  Illinois Law Enforcement Training Standards Board if
29    the law enforcement officer has reasonable suspicion based on
30    specific and articulable facts and rationale inferences  from
31    those  facts  to  believe that the person is violating or has
32    violated Section 11-501 or a similar  provision  of  a  local
33    ordinance.    The  results of the field sobriety tests or the
 
                            -40-              LRB9101236KSgcA
 1    this preliminary breath screening test may be used by the law
 2    enforcement officer for the purpose  of  assisting  with  the
 3    determination  of  whether  to  require  a  chemical  test as
 4    authorized under Sections  11-501.1  and  11-501.2,  and  the
 5    appropriate  type  of  test  to  request.   Any chemical test
 6    authorized  under  Sections  11-501.1  and  11-501.2  may  be
 7    requested by the officer regardless  of  the  result  of  the
 8    field  sobriety  tests and preliminary breath screening test,
 9    if probable cause for an arrest  exists.   The  result  of  a
10    preliminary   breath  screening  test  may  be  used  by  the
11    defendant  as  evidence  in  any  administrative   or   court
12    proceeding   involving  a  violation  of  Section  11-501  or
13    11-501.1 and may be used by the  State  as  evidence  in  any
14    administrative  or  court  proceeding  to  establish probable
15    cause for a violation of Section 11-501 or  as  a  reason  to
16    request a test pursuant to Section 11-501.1.  The result of a
17    field  sobriety test may be used by the defendant or State in
18    any administrative or court proceeding.
19        (b)  A  law  enforcement  officer  who   has   reasonable
20    suspicion   based  on  specific  and  articulable  facts  and
21    rational inferences from those facts to believe that a person
22    is violating or has violated Section 11-501 of this Code or a
23    similar provision of a local ordinance  shall  administer  to
24    that person all field sobriety tests approved by the Illinois
25    Law Enforcement Training Standards Board.  The performance of
26    any  field  sobriety test may be dispensed with where, in the
27    judgment of the law  enforcement  officer  administering  the
28    field  sobriety  tests,  the  performance  of that test would
29    jeopardize the safety of any person, is not advisable due  to
30    weather,  traffic  or terrain conditions, or is not practical
31    or appropriate due to a disability or  medical  condition  of
32    the   person   subject  to  taking  the  test.   If  the  law
33    enforcement officer has probable cause to believe the  person
34    is in violation of Section 11-501 or a similar provision of a
 
                            -41-              LRB9101236KSgcA
 1    local  ordinance,  the law enforcement officer may, in his or
 2    her discretion, administer the field sobriety  tests  but  is
 3    not required to do so.  The administration of the preliminary
 4    breath screening test shall at all times be at the discretion
 5    of the law enforcement officer.
 6        (c)  A  person shall be excused from performing a test if
 7    he or she has a disability or medical condition that prevents
 8    the person from performing the test. A person  who  has  been
 9    requested  to  submit to any test and who has failed to do so
10    shall have the burden of proving by a  preponderance  of  the
11    evidence the existence of the disability or medical condition
12    that prevented him or her from performing the requested test.
13        (d)  A person requested to submit to any test as provided
14    in  subsection (b) of this Section shall be warned by the law
15    enforcement   officer   requesting   the   test   prior    to
16    administering  the  test or tests that a refusal to submit to
17    any test will result in the statutory summary  suspension  of
18    the person's privilege to operate a motor vehicle as provided
19    in Section 6-208.1 of this Code.
20        (e)  If  a  person  refuses  to  perform any of the field
21    sobriety tests or to take a preliminary breath screening test
22    requested by a law enforcement officer, the  law  enforcement
23    officer  shall  immediately  submit  a  sworn  report  to the
24    Secretary of State, certifying which test  or  tests  was  or
25    were requested under this Section and which test or tests the
26    person refused to perform.
27        (f)  Upon   receipt   of   the  sworn  report  of  a  law
28    enforcement  officer  submitted  under  subsection  (e),  the
29    Secretary  of  State  shall  enter  the   statutory   summary
30    suspension  for the periods specified in Section 6-208.1, and
31    effective as provided in subsection (h). If the person  is  a
32    first offender as defined in Section 11-500 of this Code, and
33    is  not  convicted  of  a violation of Section 11-501 of this
34    Code or a  similar  provision  of  a  local  ordinance,  then
 
                            -42-              LRB9101236KSgcA
 1    reports received by the Secretary of State under this Section
 2    shall,  except  during  the actual time the statutory summary
 3    suspension is in effect, be privileged  information  and  for
 4    use   only   by  the  courts,  police  officers,  prosecuting
 5    authorities, or the Secretary of State.
 6        (g)  The law enforcement  officer  submitting  the  sworn
 7    report  under  subsection (e) shall serve immediate notice of
 8    the statutory  summary  suspension  on  the  person  and  the
 9    suspension shall be effective as provided in subsection (h).
10    The officer shall confiscate any Illinois driver's license or
11    permit  on  the person at the time of the person's refusal to
12    take any test pursuant to this Section  or  of  the  person's
13    arrest  for violation of Section 11-501 or similar ordinance.
14    If the person has a valid driver's  license  or  permit,  the
15    officer   shall  issue  the  person  a  receipt,  in  a  form
16    prescribed by the Secretary of State, that  will  allow  that
17    person to drive during the periods provided for in subsection
18    (h).    If  the  person  has been arrested, the officer shall
19    immediately forward the driver's license  or  permit  to  the
20    circuit  court  of venue along with the sworn report provided
21    for in subsection (e).  If the person has not been  arrested,
22    the officer shall immediately forward the driver's license or
23    permit  to the Secretary of State along with the sworn report
24    provided for in subsection (e)  and  shall,  on  a  form  the
25    Secretary  may  by rule prescribe, issue the person a written
26    notification of statutory suspension  of  driving  privileges
27    informing  the  person of the effective date of the statutory
28    summary suspension and of  the  person's  rights  under  this
29    Section  to  appeal that suspension.  The notification may be
30    used by the  person  prior  to  the  effective  date  of  the
31    statutory  summary  suspension as proof that a valid driver's
32    license or permit has been issued to him or her.
33        (h)  The statutory summary suspension referred to in this
34    Section shall take effect on the 46th day following the  date
 
                            -43-              LRB9101236KSgcA
 1    the  notice  of the statutory summary suspension was given to
 2    the person.
 3        (i)  The  following  procedure  shall  apply  whenever  a
 4    person is arrested for any  offense  as  defined  in  Section
 5    11-501  or  a  similar  provision  of  a local ordinance or a
 6    person has refused  to  submit  to  a  preliminary  screening
 7    breath  test  or  to a field sobriety test or tests requested
 8    pursuant to this Section: Upon receipt of  the  sworn  report
 9    from  the  law  enforcement  officer,  the Secretary of State
10    shall confirm the statutory summary suspension by  mailing  a
11    notice  of the effective date of the suspension to the person
12    and, if the person has been arrested, to the court of  venue.
13    If  the sworn report is defective because it does not contain
14    sufficient information or it has been completed in error, the
15    confirmation of the statutory summary suspension shall not be
16    mailed to the person or entered to the  record;  instead,  if
17    the  person  has  been  arrested,  the  sworn report shall be
18    forwarded to the court of venue with a copy returned  to  the
19    issuing agency identifying any defect.
20        (j)  A  person  may  contest  suspension  of  his  or her
21    driving  privileges  under  this  Section  by  requesting  an
22    administrative hearing with the Secretary at  the  office  of
23    the  Secretary  located  nearest  to  where  the violation of
24    subsection (a) occurred.  Except as otherwise limited or  set
25    forth  in this subsection (j), hearings shall be conducted in
26    accordance with Section 2-118 of this Code.  The scope of the
27    administrative hearing shall be limited to  whether  the  law
28    enforcement  officer had reasonable suspicion to believe that
29    the person was in violation of Section 11-501 of this Code or
30    a similar provision of a local ordinance, whether the  person
31    was  informed  of  his  or her rights under this Section, and
32    whether the person willfully refused to comply with the order
33    of the law enforcement officer.  The Secretary  may  rescind,
34    continue,   or  modify  the  order  of  suspension.   If  the
 
                            -44-              LRB9101236KSgcA
 1    Secretary does not rescind the order,  a  restricted  driving
 2    permit may be granted by the Secretary upon application being
 3    made  and  good cause shown.  A restricted driving permit may
 4    be granted to relieve undue hardship  to  allow  driving  for
 5    employment,  education,  and  medical purposes as provided in
 6    Section 6-206 of this Code.  The provisions of Section  6-206
 7    of  this  Code  relating to the criteria and conditions under
 8    which limited driving privileges may or may  not  be  granted
 9    shall  apply, except that the authority to grant a restricted
10    driving permit under this subsection (j) shall be in the sole
11    discretion of the Secretary.  A person to whom  a  court  has
12    rescinded a statutory summary suspension under the provisions
13    of  Section 2-118.1 shall continue to have his or her driving
14    privileges  subject  to  the  statutory  summary   suspension
15    imposed  by  this  Section  until  the Secretary rescinds the
16    suspension.   The  action  of  the  Secretary  of  State   in
17    upholding  a statutory summary suspension shall be subject to
18    judicial review  in  the  county  where  the  office  of  the
19    Secretary of State hearing the case is located.
20        (k)  When  a  person's refusal to submit to or complete a
21    preliminary breath screening test or field sobriety  test  or
22    tests  and  specific and articulable facts and the inferences
23    from those facts give rise to a rational basis for concluding
24    the continued operation of the vehicle by  the  person  would
25    constitute  a clear and present danger to any person, the law
26    enforcement officer may impound the person's vehicle  for  up
27    to  6  hours.   For the purpose of this subsection, "impound"
28    means that the officer may: (1)  direct  the  person  not  to
29    drive;  (2)  take possession of the person's vehicle keys, or
30    (3) secure the person's vehicle.  The person shall be  liable
31    to  the municipality or governmental entity employing the law
32    enforcement officer for all costs related to the impoundment.
33     Additionally, the law enforcement officer  may  release  the
34    vehicle to a person other than the driver if:  (1) that other
 
                            -45-              LRB9101236KSgcA
 1    person is the owner or renter of the vehicle or the driver is
 2    owner of the vehicle and gives permission to the other person
 3    to  operate  the vehicle and (2) the other person possesses a
 4    valid operator's license and would not, as determined by  the
 5    law  enforcement  officer,  either  have a lack of ability to
 6    operate the vehicle in a safe manner or be  in  violation  of
 7    this Code.
 8    (Source: P.A. 88-169.)

 9        Section  10.  The  Unified Code of Corrections is amended
10    by changing Section 5-6-1 as follows:

11        (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
12        Sec. 5-6-1.  Sentences of Probation  and  of  Conditional
13    Discharge   and   Disposition  of  Supervision.  The  General
14    Assembly finds that in  order  to  protect  the  public,  the
15    criminal  justice  system  must  compel  compliance  with the
16    conditions of probation  by  responding  to  violations  with
17    swift,   certain   and   fair  punishments  and  intermediate
18    sanctions. The Chief Judge of  each  circuit  shall  adopt  a
19    system  of  structured, intermediate sanctions for violations
20    of the terms and  conditions  of  a  sentence  of  probation,
21    conditional discharge or disposition of supervision.
22        (a)  Except   where   specifically  prohibited  by  other
23    provisions of this Code, the court shall impose a sentence of
24    probation or conditional discharge upon an  offender  unless,
25    having  regard to the nature and circumstance of the offense,
26    and to the history, character and condition of the  offender,
27    the court is of the opinion that:
28             (1)  his  imprisonment  or  periodic imprisonment is
29        necessary for the protection of the public; or
30             (2)  probation  or   conditional   discharge   would
31        deprecate  the  seriousness of the offender's conduct and
32        would be inconsistent with the ends of justice.
 
                            -46-              LRB9101236KSgcA
 1        The court shall impose as a condition of  a  sentence  of
 2    probation,  conditional  discharge,  or supervision, that the
 3    probation agency may invoke any sanction  from  the  list  of
 4    intermediate  sanctions  adopted  by  the  chief judge of the
 5    circuit court for violations of the terms and  conditions  of
 6    the   sentence   of   probation,  conditional  discharge,  or
 7    supervision, subject to the provisions of  Section  5-6-4  of
 8    this Act.
 9        (b)  The  court  may  impose  a  sentence  of conditional
10    discharge for an offense if the court is of the opinion  that
11    neither   a   sentence   of   imprisonment  nor  of  periodic
12    imprisonment nor of probation supervision is appropriate.
13        (c)  The  court  may,  upon  a  plea  of  guilty   or   a
14    stipulation  by  the  defendant  of  the facts supporting the
15    charge or a finding of guilt, defer further  proceedings  and
16    the  imposition  of  a  sentence,  and  enter  an  order  for
17    supervision of the defendant, if the defendant is not charged
18    with  a  Class  A  misdemeanor,  as  defined by the following
19    provisions of the Criminal Code  of  1961:  Sections  12-3.2;
20    12-15;  31-1;  31-6; 31-7; subsections (b) and (c) of Section
21    21-1; paragraph (1) through  (5),  (8),  (10),  and  (11)  of
22    subsection (a) of Section 24-1; and Section 1 of the Boarding
23    Aircraft  With  Weapon  Act; or a felony. If the defendant is
24    not  barred  from  receiving  an  order  for  supervision  as
25    provided in this subsection, the court may enter an order for
26    supervision  after  considering  the  circumstances  of   the
27    offense,  and  the  history,  character  and condition of the
28    offender, if the court is of the opinion that:
29             (1)  the offender is not likely  to  commit  further
30        crimes;
31             (2)  the  defendant  and  the  public  would be best
32        served if the defendant were not to  receive  a  criminal
33        record; and
34             (3)  in  the  best  interests of justice an order of
 
                            -47-              LRB9101236KSgcA
 1        supervision is more appropriate than a sentence otherwise
 2        permitted under this Code.
 3        (d)  The provisions of paragraph (c) shall not apply to a
 4    defendant  charged  with  violating  Section  11-501  of  the
 5    Illinois Vehicle Code or  a  similar  provision  of  a  local
 6    ordinance when the defendant has previously been:
 7             (1)  convicted  for a violation of Section 11-501 of
 8        the Illinois Vehicle Code or a  similar  provision  of  a
 9        local ordinance or out-of-state jurisdiction; or
10             (2)  assigned supervision for a violation of Section
11        11-501   of  the  Illinois  Vehicle  Code  or  a  similar
12        provision  of   a   local   ordinance   or   out-of-state
13        jurisdiction; or
14             (3)  pleaded  guilty  to  or stipulated to the facts
15        supporting a charge or a finding of guilty to a violation
16        of Section 11-503 of  the  Illinois  Vehicle  Code  or  a
17        similar  provision  of  a local ordinance or out-of-state
18        jurisdiction, and the plea or stipulation was the  result
19        of a plea agreement.
20        The court shall consider the statement of the prosecuting
21    authority  with  regard  to  the  standards set forth in this
22    Section.
23        (e)  The provisions of paragraph (c) shall not apply to a
24    defendant  charged  with  violating  Section  16A-3  of   the
25    Criminal Code of 1961 if said defendant has within the last 5
26    years been:
27             (1)  convicted  for  a violation of Section 16A-3 of
28        the Criminal Code of 1961; or
29             (2)  assigned supervision for a violation of Section
30        16A-3 of the Criminal Code of 1961 or  similar  provision
31        of an out-of-state jurisdiction.
32        The court shall consider the statement of the prosecuting
33    authority  with  regard  to  the  standards set forth in this
34    Section.
 
                            -48-              LRB9101236KSgcA
 1        (f)  The provisions of paragraph (c) shall not apply to a
 2    defendant charged with  violating  Sections  15-111,  15-112,
 3    15-301,  paragraph  (b)  of Section 6-104, Section 11-605, or
 4    Section 11-1414 of the Illinois Vehicle  Code  or  a  similar
 5    provision of a local ordinance or out-of-state jurisdiction.
 6        (g)  Except  as  otherwise  provided  in paragraph (i) of
 7    this Section, the provisions of paragraph (c) shall not apply
 8    to a defendant charged with violating Section  3-707,  3-708,
 9    3-710,  or  5-401.3 of the Illinois Vehicle Code or a similar
10    provision of a local ordinance if the  defendant  has  within
11    the last 5 years been:
12             (1)  convicted  for  a  violation  of Section 3-707,
13        3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code  or
14        a  similar provision of a local ordinance or out-of-state
15        jurisdiction; or
16             (2)  assigned supervision for a violation of Section
17        3-707, 3-708, 3-710, or 5-401.3 of the  Illinois  Vehicle
18        Code  or  a  similar  provision  of  a local ordinance or
19        out-of-state jurisdiction.
20        The court shall consider the statement of the prosecuting
21    authority with regard to the  standards  set  forth  in  this
22    Section.
23        (h)  The provisions of paragraph (c) shall not apply to a
24    defendant  under the age of 21 years charged with violating a
25    serious traffic offense as defined in  Section  1-187.001  of
26    the Illinois Vehicle Code:
27             (1)  unless  the  defendant,  upon  payment  of  the
28        fines,  penalties,  and  costs provided by law, agrees to
29        attend and successfully complete a traffic safety program
30        approved  by  the  court  under  standards  set  by   the
31        Conference of Chief Circuit Judges.  The accused shall be
32        responsible  for  payment  of  any traffic safety program
33        fees.  If the accused fails  to  file  a  certificate  of
34        successful  completion  on or before the termination date
 
                            -49-              LRB9101236KSgcA
 1        of  the  supervision  order,  the  supervision  shall  be
 2        summarily revoked and conviction entered.  The provisions
 3        of Supreme Court Rule 402 relating to pleas of guilty  do
 4        not  apply in cases when a defendant enters a guilty plea
 5        under this provision; or
 6             (2)  if the defendant has previously been  sentenced
 7        under the provisions of paragraph (c) on or after January
 8        1,  1998  for  any  serious traffic offense as defined in
 9        Section 1-187.001 of the Illinois Vehicle Code.
10        (i)  The provisions of paragraph (c) shall not apply to a
11    defendant  charged  with  violating  Section  3-707  of   the
12    Illinois  Vehicle  Code  or  a  similar  provision of a local
13    ordinance if the defendant has been assigned supervision  for
14    a  violation of Section 3-707 of the Illinois Vehicle Code or
15    a similar provision of  a  local  ordinance  or  out-of-state
16    jurisdiction.
17        (j)  (i)  The provisions of paragraph (c) shall not apply
18    to a defendant charged with violating Section  6-303  of  the
19    Illinois  Vehicle  Code  or  a  similar  provision of a local
20    ordinance or out-of-state jurisdiction when the revocation or
21    suspension was for a violation of Section 11-501 or a similar
22    provision of a local ordinance, a  failure  to  submit  to  a
23    chemical test or tests of blood, breath, or urine pursuant to
24      violation  of  Section  11-501.1 or to a preliminary breath
25    screening test or a field sobriety test or tests pursuant  to
26    Section 11-501.5 of the Illinois Vehicle Code, a violation of
27      or  paragraph (b) of Section 11-401 of the Illinois Vehicle
28    Code, or a violation of Section 9-3 of the Criminal  Code  of
29    1961 if the defendant has within the last 10 years been:
30             (1)  convicted  for  a violation of Section 6-303 of
31        the Illinois Vehicle Code or a  similar  provision  of  a
32        local ordinance or out-of-state jurisdiction; or
33             (2)  assigned supervision for a violation of Section
34        6-303 of the Illinois Vehicle Code or a similar provision
 
                            -50-              LRB9101236KSgcA
 1        of a local ordinance or out-of-state jurisdiction.
 2    (Source: P.A.  89-198,  eff.  7-21-95;  89-210,  eff. 8-2-95;
 3    89-626,  eff.  8-9-96;  89-637,  eff.  1-1-97;  90-369,  eff.
 4    1-1-98; 90-738, eff. 1-1-99;  90-784,  eff.  1-1-99;  revised
 5    9-21-98.)

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