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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 2-123, 6-204, 11-501.1, and 11-501.8 as follows:
| ||||||
6 | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
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7 | Sec. 2-123. Sale and Distribution of Information.
| ||||||
8 | (a) Except as otherwise provided in this Section, the | ||||||
9 | Secretary may make the
driver's license, vehicle and title | ||||||
10 | registration lists, in part or in whole,
and any statistical | ||||||
11 | information derived from these lists available to local
| ||||||
12 | governments, elected state officials, state educational | ||||||
13 | institutions, and all
other governmental units of the State and | ||||||
14 | Federal
Government
requesting them for governmental purposes. | ||||||
15 | The Secretary shall require any such
applicant for services to | ||||||
16 | pay for the costs of furnishing such services and the
use of | ||||||
17 | the equipment involved, and in addition is empowered to | ||||||
18 | establish prices
and charges for the services so furnished and | ||||||
19 | for the use of the electronic
equipment utilized.
| ||||||
20 | (b) The Secretary is further empowered to and he may, in | ||||||
21 | his discretion,
furnish to any applicant, other than listed in | ||||||
22 | subsection (a) of this Section,
vehicle or driver data on a | ||||||
23 | computer tape, disk, other electronic format or
computer |
| |||||||
| |||||||
1 | processable medium, or printout at a fixed fee of
$250 for | ||||||
2 | orders received before October 1, 2003 and $500 for orders | ||||||
3 | received
on or after October 1, 2003, in advance, and require | ||||||
4 | in addition a
further sufficient
deposit based upon the | ||||||
5 | Secretary of State's estimate of the total cost of the
| ||||||
6 | information requested and a charge of $25 for orders received | ||||||
7 | before October
1, 2003 and $50 for orders received on or after | ||||||
8 | October 1, 2003, per 1,000
units or part
thereof identified or | ||||||
9 | the actual cost, whichever is greater. The Secretary is
| ||||||
10 | authorized to refund any difference between the additional | ||||||
11 | deposit and the
actual cost of the request. This service shall | ||||||
12 | not be in lieu of an abstract
of a driver's record nor of a | ||||||
13 | title or registration search. This service may
be limited to | ||||||
14 | entities purchasing a minimum number of records as required by
| ||||||
15 | administrative rule. The information
sold pursuant to this | ||||||
16 | subsection shall be the entire vehicle or driver data
list, or | ||||||
17 | part thereof. The information sold pursuant to this subsection
| ||||||
18 | shall not contain personally identifying information unless | ||||||
19 | the information is
to be used for one of the purposes | ||||||
20 | identified in subsection (f-5) of this
Section. Commercial | ||||||
21 | purchasers of driver and vehicle record databases shall
enter | ||||||
22 | into a written agreement with the Secretary of State that | ||||||
23 | includes
disclosure of the commercial use of the information to | ||||||
24 | be purchased. | ||||||
25 | (b-1) The Secretary is further empowered to and may, in his | ||||||
26 | or her discretion, furnish vehicle or driver data on a computer |
| |||||||
| |||||||
1 | tape, disk, or other electronic format or computer processible | ||||||
2 | medium, at no fee, to any State or local governmental agency | ||||||
3 | that uses the information provided by the Secretary to transmit | ||||||
4 | data back to the Secretary that enables the Secretary to | ||||||
5 | maintain accurate driving records, including dispositions of | ||||||
6 | traffic cases. This information may be provided without fee not | ||||||
7 | more often than once every 6 months.
| ||||||
8 | (c) Secretary of State may issue registration lists. The | ||||||
9 | Secretary
of State shall compile and publish, at least | ||||||
10 | annually, a list of all registered
vehicles. Each list of | ||||||
11 | registered vehicles shall be arranged serially
according to the | ||||||
12 | registration numbers assigned to registered vehicles and
shall | ||||||
13 | contain in addition the names and addresses of registered | ||||||
14 | owners and
a brief description of each vehicle including the | ||||||
15 | serial or other
identifying number thereof. Such compilation | ||||||
16 | may be in such form as in the
discretion of the Secretary of | ||||||
17 | State may seem best for the purposes intended.
| ||||||
18 | (d) The Secretary of State shall furnish no more than 2 | ||||||
19 | current available
lists of such registrations to the sheriffs | ||||||
20 | of all counties and to the chiefs
of police of all cities and | ||||||
21 | villages and towns of 2,000 population and over
in this State | ||||||
22 | at no cost. Additional copies may be purchased by the sheriffs
| ||||||
23 | or chiefs of police at the fee
of $500 each or at the cost of | ||||||
24 | producing the list as determined
by the Secretary of State. | ||||||
25 | Such lists are to be used for governmental
purposes only.
| ||||||
26 | (e) (Blank).
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| |||||||
1 | (e-1) (Blank).
| ||||||
2 | (f) The Secretary of State shall make a title or | ||||||
3 | registration search of the
records of his office and a written | ||||||
4 | report on the same for any person, upon
written application of | ||||||
5 | such person, accompanied by a fee of $5 for
each registration | ||||||
6 | or title search. The written application shall set forth
the | ||||||
7 | intended use of the requested information. No fee shall be | ||||||
8 | charged for a
title or
registration search, or for the | ||||||
9 | certification thereof requested by a government
agency. The | ||||||
10 | report of the title or registration search shall not contain
| ||||||
11 | personally identifying information unless the request for a | ||||||
12 | search was made for
one of the purposes identified in | ||||||
13 | subsection (f-5) of this Section. The report of the title or | ||||||
14 | registration search shall not contain highly
restricted | ||||||
15 | personal
information unless specifically authorized by this | ||||||
16 | Code.
| ||||||
17 | The Secretary of State shall certify a title or | ||||||
18 | registration record upon
written request. The fee for | ||||||
19 | certification shall be $5 in addition
to the fee required for a | ||||||
20 | title or registration search. Certification shall
be made under | ||||||
21 | the signature of the Secretary of State and shall be
| ||||||
22 | authenticated by Seal of the Secretary of State.
| ||||||
23 | The Secretary of State may notify the vehicle owner or | ||||||
24 | registrant of
the request for purchase of his title or | ||||||
25 | registration information as the
Secretary deems appropriate.
| ||||||
26 | No information shall be released to the requestor until |
| |||||||
| |||||||
1 | expiration of a
10 day period. This 10 day period shall not | ||||||
2 | apply to requests for
information made by law enforcement | ||||||
3 | officials, government agencies,
financial institutions, | ||||||
4 | attorneys, insurers, employers, automobile
associated | ||||||
5 | businesses, persons licensed as a private detective or firms
| ||||||
6 | licensed as a private detective agency under the Private | ||||||
7 | Detective, Private
Alarm, Private Security, and Locksmith Act | ||||||
8 | of 2004, who are employed by or are
acting on
behalf of law | ||||||
9 | enforcement officials, government agencies, financial
| ||||||
10 | institutions, attorneys, insurers, employers, automobile | ||||||
11 | associated businesses,
and other business entities for | ||||||
12 | purposes consistent with the Illinois Vehicle
Code, the vehicle | ||||||
13 | owner or registrant or other entities as the Secretary may
| ||||||
14 | exempt by rule and regulation.
| ||||||
15 | Any misrepresentation made by a requestor of title or | ||||||
16 | vehicle information
shall be punishable as a petty offense, | ||||||
17 | except in the case of persons
licensed as a private detective | ||||||
18 | or firms licensed as a private detective agency
which shall be | ||||||
19 | subject to disciplinary sanctions under Section 40-10 of the
| ||||||
20 | Private Detective, Private Alarm, Private Security, and | ||||||
21 | Locksmith Act of 2004.
| ||||||
22 | (f-5) The Secretary of State shall not disclose or | ||||||
23 | otherwise make
available to
any person or entity any personally | ||||||
24 | identifying information obtained by the
Secretary
of State in | ||||||
25 | connection with a driver's license, vehicle, or title | ||||||
26 | registration
record
unless the information is disclosed for one |
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| |||||||
1 | of the following purposes:
| ||||||
2 | (1) For use by any government agency, including any | ||||||
3 | court or law
enforcement agency, in carrying out its | ||||||
4 | functions, or any private person or
entity acting on behalf | ||||||
5 | of a federal, State, or local agency in carrying out
its
| ||||||
6 | functions.
| ||||||
7 | (2) For use in connection with matters of motor vehicle | ||||||
8 | or driver safety
and theft; motor vehicle emissions; motor | ||||||
9 | vehicle product alterations, recalls,
or advisories; | ||||||
10 | performance monitoring of motor vehicles, motor vehicle | ||||||
11 | parts,
and dealers; and removal of non-owner records from | ||||||
12 | the original owner
records of motor vehicle manufacturers.
| ||||||
13 | (3) For use in the normal course of business by a | ||||||
14 | legitimate business or
its agents, employees, or | ||||||
15 | contractors, but only:
| ||||||
16 | (A) to verify the accuracy of personal information | ||||||
17 | submitted by
an individual to the business or its | ||||||
18 | agents, employees, or contractors;
and
| ||||||
19 | (B) if such information as so submitted is not | ||||||
20 | correct or is no
longer correct, to obtain the correct | ||||||
21 | information, but only for the
purposes of preventing | ||||||
22 | fraud by, pursuing legal remedies against, or
| ||||||
23 | recovering on a debt or security interest against, the | ||||||
24 | individual.
| ||||||
25 | (4) For use in research activities and for use in | ||||||
26 | producing statistical
reports, if the personally |
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| |||||||
1 | identifying information is not published,
redisclosed, or | ||||||
2 | used to
contact individuals.
| ||||||
3 | (5) For use in connection with any civil, criminal, | ||||||
4 | administrative, or
arbitral proceeding in any federal, | ||||||
5 | State, or local court or agency or before
any
| ||||||
6 | self-regulatory body, including the service of process, | ||||||
7 | investigation in
anticipation of litigation, and the | ||||||
8 | execution or enforcement of judgments and
orders, or | ||||||
9 | pursuant to an order of a federal, State, or local court.
| ||||||
10 | (6) For use by any insurer or insurance support | ||||||
11 | organization or by a
self-insured entity or its agents, | ||||||
12 | employees, or contractors in connection with
claims | ||||||
13 | investigation activities, antifraud activities, rating, or | ||||||
14 | underwriting.
| ||||||
15 | (7) For use in providing notice to the owners of towed | ||||||
16 | or
impounded vehicles.
| ||||||
17 | (8) For use by any person licensed as a private | ||||||
18 | detective or firm licensed as a private
detective agency | ||||||
19 | under
the Private Detective, Private Alarm, Private | ||||||
20 | Security, and Locksmith Act of
1993, private investigative | ||||||
21 | agency or security service
licensed in Illinois for any | ||||||
22 | purpose permitted under this subsection.
| ||||||
23 | (9) For use by an employer or its agent or insurer to | ||||||
24 | obtain or verify
information relating to a holder of a | ||||||
25 | commercial driver's license that is
required under chapter | ||||||
26 | 313 of title 49 of the United States Code.
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| |||||||
1 | (10) For use in connection with the operation of | ||||||
2 | private toll
transportation facilities.
| ||||||
3 | (11) For use by any requester, if the requester | ||||||
4 | demonstrates it has
obtained the written consent of the | ||||||
5 | individual to whom the information
pertains.
| ||||||
6 | (12) For use by members of the news media, as defined | ||||||
7 | in
Section 1-148.5, for the purpose of newsgathering when | ||||||
8 | the request relates to
the
operation of a motor vehicle or | ||||||
9 | public safety.
| ||||||
10 | (13) For any other use specifically authorized by law, | ||||||
11 | if that use is
related to the operation of a motor vehicle | ||||||
12 | or public safety. | ||||||
13 | (f-6) The Secretary of State shall not disclose or | ||||||
14 | otherwise make
available to any
person or entity any highly | ||||||
15 | restricted personal information obtained by the
Secretary of
| ||||||
16 | State in connection with a driver's license, vehicle, or
title | ||||||
17 | registration
record unless
specifically authorized by this | ||||||
18 | Code.
| ||||||
19 | (g) 1. The Secretary of State may, upon receipt of a | ||||||
20 | written request
and a fee of $6 before October 1, 2003 and | ||||||
21 | a fee of $12 on and after October
1, 2003, furnish to the | ||||||
22 | person or agency so requesting a
driver's record. Such | ||||||
23 | document may include a record of: current driver's
license | ||||||
24 | issuance information, except that the information on | ||||||
25 | judicial driving
permits shall be available only as | ||||||
26 | otherwise provided by this Code;
convictions; orders |
| |||||||
| |||||||
1 | entered revoking, suspending or cancelling a
driver's
| ||||||
2 | license or privilege; and notations of accident | ||||||
3 | involvement. All other
information, unless otherwise | ||||||
4 | permitted by
this Code, shall remain confidential. | ||||||
5 | Information released pursuant to a
request for a driver's | ||||||
6 | record shall not contain personally identifying
| ||||||
7 | information, unless the request for the driver's record was | ||||||
8 | made for one of the
purposes set forth in subsection (f-5) | ||||||
9 | of this Section. The Secretary of State may, without fee, | ||||||
10 | allow a parent or guardian of a person under the age of 18 | ||||||
11 | years, who holds an instruction permit or graduated | ||||||
12 | driver's license, to view that person's driving record | ||||||
13 | online, through a computer connection.
The parent or | ||||||
14 | guardian's online access to the driving record will | ||||||
15 | terminate when the instruction permit or graduated | ||||||
16 | driver's license holder reaches the age of 18.
| ||||||
17 | 2. The Secretary of State shall not disclose or | ||||||
18 | otherwise make available
to any
person or
entity any highly | ||||||
19 | restricted personal information obtained by the Secretary | ||||||
20 | of
State in
connection with a driver's license, vehicle, or | ||||||
21 | title
registration record
unless specifically
authorized | ||||||
22 | by this Code. The Secretary of State may certify an | ||||||
23 | abstract of a driver's record
upon written request | ||||||
24 | therefor. Such certification
shall be made under the | ||||||
25 | signature of the Secretary of State and shall be
| ||||||
26 | authenticated by the Seal of his office.
|
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| |||||||
1 | 3. All requests for driving record information shall be | ||||||
2 | made in a manner
prescribed by the Secretary and shall set | ||||||
3 | forth the intended use of the
requested information.
| ||||||
4 | The Secretary of State may notify the affected driver | ||||||
5 | of the request
for purchase of his driver's record as the | ||||||
6 | Secretary deems appropriate.
| ||||||
7 | No information shall be released to the requester until | ||||||
8 | expiration of a
10 day period. This 10 day period shall not | ||||||
9 | apply to requests for information
made by law enforcement | ||||||
10 | officials, government agencies, financial institutions,
| ||||||
11 | attorneys, insurers, employers, automobile associated | ||||||
12 | businesses, persons
licensed as a private detective or | ||||||
13 | firms licensed as a private detective agency
under the | ||||||
14 | Private Detective, Private Alarm, Private Security, and | ||||||
15 | Locksmith Act
of 2004,
who are employed by or are acting on | ||||||
16 | behalf of law enforcement officials,
government agencies, | ||||||
17 | financial institutions, attorneys, insurers, employers,
| ||||||
18 | automobile associated businesses, and other business | ||||||
19 | entities for purposes
consistent with the Illinois Vehicle | ||||||
20 | Code, the affected driver or other
entities as the | ||||||
21 | Secretary may exempt by rule and regulation.
| ||||||
22 | Any misrepresentation made by a requestor of driver | ||||||
23 | information shall
be punishable as a petty offense, except | ||||||
24 | in the case of persons licensed as
a private detective or | ||||||
25 | firms licensed as a private detective agency which shall
be | ||||||
26 | subject to disciplinary sanctions under Section 40-10 of |
| |||||||
| |||||||
1 | the Private
Detective, Private Alarm, Private Security, | ||||||
2 | and Locksmith Act of 2004.
| ||||||
3 | 4. The Secretary of State may furnish without fee, upon | ||||||
4 | the written
request of a law enforcement agency, any | ||||||
5 | information from a driver's
record on file with the | ||||||
6 | Secretary of State when such information is required
in the | ||||||
7 | enforcement of this Code or any other law relating to the | ||||||
8 | operation
of motor vehicles, including records of | ||||||
9 | dispositions; documented
information involving the use of | ||||||
10 | a motor vehicle; whether such individual
has, or previously | ||||||
11 | had, a driver's license; and the address and personal
| ||||||
12 | description as reflected on said driver's record.
| ||||||
13 | 5. Except as otherwise provided in this Section, the | ||||||
14 | Secretary of
State may furnish, without fee, information | ||||||
15 | from an individual driver's
record on file, if a written | ||||||
16 | request therefor is submitted
by any public transit system | ||||||
17 | or authority, public defender, law enforcement
agency, a | ||||||
18 | state or federal agency, or an Illinois local | ||||||
19 | intergovernmental
association, if the request is for the | ||||||
20 | purpose of a background check of
applicants for employment | ||||||
21 | with the requesting agency, or for the purpose of
an | ||||||
22 | official investigation conducted by the agency, or to | ||||||
23 | determine a
current address for the driver so public funds | ||||||
24 | can be recovered or paid to
the driver, or for any other | ||||||
25 | purpose set forth in subsection (f-5)
of this Section.
| ||||||
26 | The Secretary may also furnish the courts a copy of an |
| |||||||
| |||||||
1 | abstract of a
driver's record, without fee, subsequent to | ||||||
2 | an arrest for a violation of
Section 11-501 or a similar | ||||||
3 | provision of a local ordinance. Such abstract
may include | ||||||
4 | records of dispositions; documented information involving
| ||||||
5 | the use of a motor vehicle as contained in the current | ||||||
6 | file; whether such
individual has, or previously had, a | ||||||
7 | driver's license; and the address and
personal description | ||||||
8 | as reflected on said driver's record.
| ||||||
9 | 6. Any certified abstract issued by the Secretary of | ||||||
10 | State or
transmitted electronically by the Secretary of | ||||||
11 | State pursuant to this
Section,
to a court or on request of | ||||||
12 | a law enforcement agency, for the record of a
named person | ||||||
13 | as to the status of the person's driver's license shall be
| ||||||
14 | prima facie evidence of the facts therein stated and if the | ||||||
15 | name appearing
in such abstract is the same as that of a | ||||||
16 | person named in an information or
warrant, such abstract | ||||||
17 | shall be prima facie evidence that the person named
in such | ||||||
18 | information or warrant is the same person as the person | ||||||
19 | named in
such abstract and shall be admissible for any | ||||||
20 | prosecution under this Code and
be admitted as proof of any | ||||||
21 | prior conviction or proof of records, notices, or
orders | ||||||
22 | recorded on individual driving records maintained by the | ||||||
23 | Secretary of
State.
| ||||||
24 | 7. Subject to any restrictions contained in the | ||||||
25 | Juvenile Court Act of
1987, and upon receipt of a proper | ||||||
26 | request and a fee of $6 before October 1,
2003 and a fee of |
| |||||||
| |||||||
1 | $12 on or after October 1, 2003, the
Secretary of
State | ||||||
2 | shall provide a driver's record to the affected driver, or | ||||||
3 | the affected
driver's attorney, upon verification. Such | ||||||
4 | record shall contain all the
information referred to in | ||||||
5 | paragraph 1 of this subsection (g) plus: any
recorded | ||||||
6 | accident involvement as a driver; information recorded | ||||||
7 | pursuant to
subsection (e) of Section 6-117 and paragraph | ||||||
8 | (4) of subsection (a) of
Section 6-204 of this Code. All | ||||||
9 | other information, unless otherwise permitted
by this | ||||||
10 | Code, shall remain confidential.
| ||||||
11 | (h) The Secretary shall not disclose social security | ||||||
12 | numbers or any associated information obtained from the Social | ||||||
13 | Security Administration except pursuant
to a written request | ||||||
14 | by, or with the prior written consent of, the
individual | ||||||
15 | except: (1) to officers and employees of the Secretary
who
have | ||||||
16 | a need to know the social security numbers in performance of | ||||||
17 | their
official duties, (2) to law enforcement officials for a | ||||||
18 | lawful, civil or
criminal law enforcement investigation, and if | ||||||
19 | the head of the law enforcement
agency has made a written | ||||||
20 | request to the Secretary specifying the law
enforcement | ||||||
21 | investigation for which the social security numbers are being
| ||||||
22 | sought, (3) to the United States Department of Transportation, | ||||||
23 | or any other
State, pursuant to the administration and | ||||||
24 | enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | ||||||
25 | (4) pursuant to the order of a court
of competent jurisdiction, | ||||||
26 | or (5) to the Department of Healthcare and Family Services |
| |||||||
| |||||||
1 | (formerly Department of Public Aid ) for
utilization
in the | ||||||
2 | child support enforcement duties assigned to that Department | ||||||
3 | under
provisions of the Illinois Public Aid Code after the | ||||||
4 | individual has received advanced
meaningful notification of | ||||||
5 | what redisclosure is sought by the Secretary in
accordance with | ||||||
6 | the federal Privacy Act.
| ||||||
7 | (i) (Blank).
| ||||||
8 | (j) Medical statements or medical reports received in the | ||||||
9 | Secretary of
State's Office shall be confidential. No | ||||||
10 | confidential information may be
open to public inspection or | ||||||
11 | the contents disclosed to anyone, except
officers and employees | ||||||
12 | of the Secretary who have a need to know the information
| ||||||
13 | contained in the medical reports and the Driver License Medical | ||||||
14 | Advisory
Board, unless so directed by an order of a court of | ||||||
15 | competent jurisdiction.
| ||||||
16 | (k) All fees collected under this Section shall be paid | ||||||
17 | into the Road
Fund of the State Treasury, except that (i) for | ||||||
18 | fees collected before October
1, 2003, $3 of the $6 fee for a
| ||||||
19 | driver's record shall be paid into the Secretary of State | ||||||
20 | Special Services
Fund, (ii) for fees collected on and after | ||||||
21 | October 1, 2003, of the $12 fee
for a driver's record, $3 shall | ||||||
22 | be paid into the Secretary of State Special
Services Fund and | ||||||
23 | $6 shall be paid into the General Revenue Fund, and (iii) for
| ||||||
24 | fees collected on and after October 1, 2003, 50% of the amounts | ||||||
25 | collected
pursuant to subsection (b) shall be paid into the | ||||||
26 | General Revenue Fund.
|
| |||||||
| |||||||
1 | (l) (Blank).
| ||||||
2 | (m) Notations of accident involvement that may be disclosed | ||||||
3 | under this
Section shall not include notations relating to | ||||||
4 | damage to a vehicle or other
property being transported by a | ||||||
5 | tow truck. This information shall remain
confidential, | ||||||
6 | provided that nothing in this subsection (m) shall limit
| ||||||
7 | disclosure of any notification of accident involvement to any | ||||||
8 | law enforcement
agency or official.
| ||||||
9 | (n) Requests made by the news media for driver's license, | ||||||
10 | vehicle, or
title registration information may be furnished | ||||||
11 | without charge or at a reduced
charge, as determined by the | ||||||
12 | Secretary, when the specific purpose for
requesting the | ||||||
13 | documents is deemed to be in the public interest. Waiver or
| ||||||
14 | reduction of the fee is in the public interest if the principal | ||||||
15 | purpose of the
request is to access and disseminate information | ||||||
16 | regarding the health, safety,
and welfare or the legal rights | ||||||
17 | of the general public and is not for the
principal purpose of | ||||||
18 | gaining a personal or commercial benefit.
The information | ||||||
19 | provided pursuant to this subsection shall not contain
| ||||||
20 | personally identifying information unless the information is | ||||||
21 | to be used for one
of the
purposes identified in subsection | ||||||
22 | (f-5) of this Section.
| ||||||
23 | (o) The redisclosure of personally identifying information
| ||||||
24 | obtained
pursuant
to this Section is prohibited, except to the | ||||||
25 | extent necessary to effectuate the
purpose
for which the | ||||||
26 | original disclosure of the information was permitted.
|
| |||||||
| |||||||
1 | (p) The Secretary of State is empowered to adopt rules
to
| ||||||
2 | effectuate this Section.
| ||||||
3 | (Source: P.A. 93-32, eff. 7-1-03; 93-438, eff. 8-5-03; 93-895, | ||||||
4 | eff. 1-1-05; 94-56, eff. 6-17-05; revised 12-15-05.)
| ||||||
5 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||||||
6 | Sec. 6-204. When Court to forward License and Reports.
| ||||||
7 | (a) For the purpose of providing to the Secretary of State | ||||||
8 | the records
essential to the performance of the Secretary's | ||||||
9 | duties under this Code to
cancel, revoke or suspend the | ||||||
10 | driver's license and privilege to drive motor
vehicles of | ||||||
11 | certain minors adjudicated truant minors in need of | ||||||
12 | supervision,
addicted, or delinquent and of persons
found | ||||||
13 | guilty of the criminal offenses or traffic violations
which | ||||||
14 | this Code recognizes as evidence relating to unfitness to | ||||||
15 | safely operate
motor vehicles, the following duties are imposed | ||||||
16 | upon public officials:
| ||||||
17 | (1) Whenever any person is convicted of any offense for | ||||||
18 | which
this
Code makes mandatory the cancellation or | ||||||
19 | revocation of the driver's
license or permit of such person | ||||||
20 | by the Secretary of State, the judge of the
court in which | ||||||
21 | such conviction is had shall require the surrender to the | ||||||
22 | clerk
of the court of all driver's licenses or permits then | ||||||
23 | held by the person so
convicted, and the clerk of the court | ||||||
24 | shall, within 5 days thereafter, forward
the same, together | ||||||
25 | with a report of such conviction, to the Secretary.
|
| |||||||
| |||||||
1 | (2) Whenever any person is convicted of any offense | ||||||
2 | under this
Code or
similar offenses under a municipal | ||||||
3 | ordinance, other than regulations
governing standing, | ||||||
4 | parking or weights of vehicles, and excepting the
following | ||||||
5 | enumerated Sections of this Code: Sections 11-1406 | ||||||
6 | (obstruction
to driver's view or control), 11-1407 | ||||||
7 | (improper opening of door into
traffic), 11-1410 (coasting | ||||||
8 | on downgrade), 11-1411 (following fire
apparatus), | ||||||
9 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||||||
10 | vehicle which is in unsafe condition or improperly | ||||||
11 | equipped), 12-201(a)
(daytime lights on motorcycles), | ||||||
12 | 12-202 (clearance, identification and
side marker lamps), | ||||||
13 | 12-204 (lamp or flag on projecting load), 12-205
(failure | ||||||
14 | to display the safety lights required), 12-401 | ||||||
15 | (restrictions as
to tire equipment), 12-502 (mirrors), | ||||||
16 | 12-503 (windshields must be
unobstructed and equipped with | ||||||
17 | wipers), 12-601 (horns and warning
devices), 12-602 | ||||||
18 | (mufflers, prevention of noise or smoke), 12-603 (seat
| ||||||
19 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
20 | other warning
devices), 12-703 (vehicles for oiling roads | ||||||
21 | operated on highways),
12-710 (splash guards and | ||||||
22 | replacements), 13-101 (safety tests), 15-101
(size, weight | ||||||
23 | and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||||||
24 | and address on second division vehicles), 15-107 (length of | ||||||
25 | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||||||
26 | 15-112 (weights), 15-301
(weights), 15-316 (weights), |
| |||||||
| |||||||
1 | 15-318 (weights), and also excepting the following
| ||||||
2 | enumerated Sections of the Chicago Municipal Code: | ||||||
3 | Sections 27-245 (following
fire apparatus), 27-254 | ||||||
4 | (obstruction of traffic), 27-258 (driving vehicle which
is | ||||||
5 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
6 | 27-264 (use of horns
and signal devices), 27-265 | ||||||
7 | (obstruction to driver's view or driver mechanism),
27-267 | ||||||
8 | (dimming of headlights), 27-268 (unattended motor | ||||||
9 | vehicle), 27-272
(illegal funeral procession), 27-273 | ||||||
10 | (funeral procession on boulevard), 27-275
(driving freight | ||||||
11 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
12 | standing
of buses or taxicabs), 27-277 (cruising of public | ||||||
13 | passenger vehicles), 27-305
(parallel parking), 27-306 | ||||||
14 | (diagonal parking), 27-307 (parking not to obstruct
| ||||||
15 | traffic), 27-308 (stopping, standing or parking | ||||||
16 | regulated), 27-311 (parking
regulations), 27-312 (parking | ||||||
17 | regulations), 27-313 (parking regulations),
27-314 | ||||||
18 | (parking regulations), 27-315 (parking regulations), | ||||||
19 | 27-316 (parking
regulations), 27-317 (parking | ||||||
20 | regulations), 27-318 (parking regulations),
27-319 | ||||||
21 | (parking regulations), 27-320 (parking regulations), | ||||||
22 | 27-321 (parking
regulations), 27-322 (parking | ||||||
23 | regulations), 27-324 (loading and
unloading at an angle), | ||||||
24 | 27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||||||
25 | the downtown district), 27-335 (load restrictions in
| ||||||
26 | residential areas), 27-338 (width of vehicles), 27-339 |
| |||||||
| |||||||
1 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | ||||||
2 | (reflectors on trailers),
27-353 (mufflers), 27-354 | ||||||
3 | (display of plates), 27-355 (display of city
vehicle tax | ||||||
4 | sticker), 27-357 (identification of vehicles), 27-358
| ||||||
5 | (projecting of loads), and also excepting the following | ||||||
6 | enumerated
paragraphs of Section 2-201 of the Rules and | ||||||
7 | Regulations of the Illinois
State Toll Highway Authority: | ||||||
8 | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||||||
9 | transporting dangerous cargo not properly indicated), it
| ||||||
10 | shall be the duty of the clerk of the court in which such | ||||||
11 | conviction is
had within 5 days thereafter to forward to | ||||||
12 | the Secretary of State a report of
the conviction and the | ||||||
13 | court may recommend the suspension of the driver's
license | ||||||
14 | or permit of the person so convicted.
| ||||||
15 | The reporting requirements of this subsection shall apply | ||||||
16 | to all
violations stated in paragraphs (1) and (2) of this
| ||||||
17 | subsection when the
individual has been adjudicated under the | ||||||
18 | Juvenile Court Act or the
Juvenile Court Act of 1987. Such | ||||||
19 | reporting requirements shall also apply to
individuals | ||||||
20 | adjudicated under the Juvenile Court Act or the Juvenile Court | ||||||
21 | Act
of 1987 who have committed a violation of Section 11-501 of | ||||||
22 | this Code, or
similar provision of a local ordinance, or | ||||||
23 | Section 9-3 of the Criminal Code
of 1961, as amended, relating | ||||||
24 | to the offense of reckless homicide.
The reporting requirements | ||||||
25 | of this subsection shall also apply to
a truant minor in need | ||||||
26 | of supervision, an addicted
minor, or a delinquent minor and |
| |||||||
| |||||||
1 | whose driver's license and privilege to
drive a motor vehicle | ||||||
2 | has been ordered suspended for such times as determined
by the | ||||||
3 | Court, but only until he or she attains
18 years of age. It | ||||||
4 | shall be the duty of the clerk of the court in which
| ||||||
5 | adjudication is had within 5 days thereafter to forward to the | ||||||
6 | Secretary of
State a report of the adjudication and the court | ||||||
7 | order requiring the Secretary
of State to suspend the minor's | ||||||
8 | driver's license and driving privilege for such
time as | ||||||
9 | determined by the Court, but only until he or she attains the | ||||||
10 | age of 18
years. All juvenile court dispositions reported to | ||||||
11 | the Secretary of State
under this provision shall be processed | ||||||
12 | by the Secretary of State as if the
cases had been adjudicated | ||||||
13 | in traffic or criminal court. However, information
reported | ||||||
14 | relative to the offense of reckless homicide, or Section 11-501 | ||||||
15 | of
this Code, or a similar provision of a local ordinance, | ||||||
16 | shall be privileged
and available only to the Secretary of | ||||||
17 | State, courts, and police officers.
| ||||||
18 | The reporting requirements of this subsection (a) | ||||||
19 | apply to all violations listed in paragraphs (1) and (2) of | ||||||
20 | this subsection (a), excluding parking violations, when | ||||||
21 | the driver holds a CDL, regardless of the type of vehicle | ||||||
22 | in which the violation occurred, or when any driver | ||||||
23 | committed the violation in a commercial motor vehicle as | ||||||
24 | defined in Section 6-500 of this Code.
| ||||||
25 | (3) Whenever an order is entered vacating the | ||||||
26 | forfeiture of any
bail,
security or bond given to secure |
| |||||||
| |||||||
1 | appearance for any offense under this
Code or similar | ||||||
2 | offenses under municipal ordinance, it shall be the duty
of | ||||||
3 | the clerk of the court in which such vacation was had or | ||||||
4 | the judge of
such court if such court has no clerk, within | ||||||
5 | 5 days thereafter to
forward to the Secretary of State a | ||||||
6 | report of the vacation.
| ||||||
7 | (4) A report of any disposition of court supervision | ||||||
8 | for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||||||
9 | similar provision of a local ordinance,
11-503 and 11-504 | ||||||
10 | shall be forwarded to the Secretary of State.
A report of | ||||||
11 | any disposition of court supervision for a violation of an | ||||||
12 | offense
defined as a serious traffic violation in this Code | ||||||
13 | or a similar provision of a
local ordinance committed by a | ||||||
14 | person under the age of 21 years shall be
forwarded to the | ||||||
15 | Secretary of State.
| ||||||
16 | (5) Reports of conviction
under this Code
and | ||||||
17 | sentencing hearings under the
Juvenile Court
Act of 1987 in | ||||||
18 | an electronic format
or a computer processible medium
shall
| ||||||
19 | be
forwarded to the Secretary of State via the Supreme | ||||||
20 | Court in the form and
format required by the Illinois | ||||||
21 | Supreme Court and established by a written
agreement | ||||||
22 | between the Supreme Court and the Secretary of State.
In | ||||||
23 | counties with a population over 300,000, instead of | ||||||
24 | forwarding reports to
the Supreme Court, reports of | ||||||
25 | conviction
under this Code
and sentencing hearings under | ||||||
26 | the
Juvenile Court Act of 1987 in an electronic format
or a |
| |||||||
| |||||||
1 | computer processible medium
may
be forwarded to the | ||||||
2 | Secretary of State by the Circuit Court Clerk in a form and
| ||||||
3 | format required by the Secretary of State and established | ||||||
4 | by written agreement
between the Circuit Court Clerk and | ||||||
5 | the Secretary of State. Failure to
forward the reports of | ||||||
6 | conviction or sentencing hearing under the Juvenile
Court | ||||||
7 | Act of 1987 as required by this Section shall be
deemed an | ||||||
8 | omission of duty and it shall be the duty of the several | ||||||
9 | State's
Attorneys to enforce the requirements of this | ||||||
10 | Section.
| ||||||
11 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
12 | court, as a
result of confiscation by a police officer pursuant | ||||||
13 | to the authority in
Section 6-113(f), it shall be the duty of | ||||||
14 | the clerk, or judge, if the court
has no clerk, to forward such | ||||||
15 | restricted driving permit and a facsimile of
the officer's | ||||||
16 | citation to the Secretary of State as expeditiously as
| ||||||
17 | practicable.
| ||||||
18 | (c) For the purposes of this Code, a forfeiture of bail or | ||||||
19 | collateral
deposited to secure a defendant's appearance in | ||||||
20 | court when forfeiture
has not been vacated, or the failure of a | ||||||
21 | defendant to appear for trial
after depositing his driver's | ||||||
22 | license in lieu of other bail, shall be
equivalent to a | ||||||
23 | conviction.
| ||||||
24 | (d) For the purpose of providing the Secretary of State | ||||||
25 | with records
necessary to properly monitor and assess driver | ||||||
26 | performance and assist the
courts in the proper disposition of |
| |||||||
| |||||||
1 | repeat traffic law offenders, the clerk
of the court shall | ||||||
2 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
3 | Secretary, records of a driver's participation in a driver | ||||||
4 | remedial
or rehabilitative program which was required, through | ||||||
5 | a court order or court
supervision, in relation to the driver's | ||||||
6 | arrest for a violation of Section
11-501 of this Code or a | ||||||
7 | similar provision of a local ordinance.
The clerk of the court | ||||||
8 | shall also forward to the Secretary, either on
paper or in an | ||||||
9 | electronic format or a computer processible medium as required
| ||||||
10 | under paragraph (5) of subsection (a) of this Section, any | ||||||
11 | disposition
of court supervision for any traffic violation,
| ||||||
12 | excluding those offenses listed in paragraph (2)
of subsection | ||||||
13 | (a) of this Section.
These reports
shall be sent within 5
days | ||||||
14 | after disposition, or, if
the driver is
referred to a driver
| ||||||
15 | remedial or rehabilitative program, within 5 days of the | ||||||
16 | driver's referral
to that program.
These reports received by | ||||||
17 | the Secretary of State, including those required to
be | ||||||
18 | forwarded under paragraph (a)(4), shall be privileged | ||||||
19 | information, available
only (i) to the affected driver , (ii) to | ||||||
20 | the parent or guardian of a person under the age of 18 years | ||||||
21 | holding an instruction permit or a graduated driver's license, | ||||||
22 | and (iii)
(ii) for use by the courts, police
officers, | ||||||
23 | prosecuting authorities, and the Secretary of State. In | ||||||
24 | accordance with 49 C.F.R. Part 384, all reports of court | ||||||
25 | supervision, except violations related to parking, shall be | ||||||
26 | forwarded to the Secretary of State for all holders of a CDL or |
| |||||||
| |||||||
1 | any driver who commits an offense while driving a commercial | ||||||
2 | motor vehicle. These reports shall be recorded to the driver's | ||||||
3 | record as a conviction for use in the disqualification of the | ||||||
4 | driver's commercial motor vehicle privileges and shall not be | ||||||
5 | privileged information.
| ||||||
6 | (Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06.)
| ||||||
7 | (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
| ||||||
8 | Sec. 11-501.1. Suspension of drivers license; statutory | ||||||
9 | summary
alcohol, other drug or drugs, or intoxicating compound | ||||||
10 | or
compounds related suspension; implied consent.
| ||||||
11 | (a) Any person who drives or is in actual physical control | ||||||
12 | of a motor
vehicle upon the public highways of this State shall | ||||||
13 | be deemed to have given
consent, subject to the provisions of | ||||||
14 | Section 11-501.2, to a chemical test or
tests of blood, breath, | ||||||
15 | or urine for the purpose of determining the content of
alcohol, | ||||||
16 | other drug or drugs, or intoxicating compound or compounds or
| ||||||
17 | any combination thereof in the person's blood if arrested,
as | ||||||
18 | evidenced by the issuance of a Uniform Traffic Ticket, for any | ||||||
19 | offense
as defined in Section 11-501 or a similar provision of | ||||||
20 | a local ordinance, or if arrested for violating Section 11-401.
| ||||||
21 | The test or tests shall be administered at the direction of the | ||||||
22 | arresting
officer. The law enforcement agency employing the | ||||||
23 | officer shall designate which
of the aforesaid tests shall be | ||||||
24 | administered. A urine test may be administered
even after a | ||||||
25 | blood or breath test or both has
been administered. For |
| |||||||
| |||||||
1 | purposes of this Section, an Illinois law
enforcement officer | ||||||
2 | of this State who is investigating the person for any
offense | ||||||
3 | defined in Section 11-501 may travel into an adjoining state, | ||||||
4 | where
the person has been transported for medical care, to | ||||||
5 | complete an
investigation and to request that the person submit | ||||||
6 | to the test or tests
set forth in this Section. The | ||||||
7 | requirements of this Section that the
person be arrested are | ||||||
8 | inapplicable, but the officer shall issue the person
a Uniform | ||||||
9 | Traffic Ticket for an offense as defined in Section 11-501 or a
| ||||||
10 | similar provision of a local ordinance prior to requesting that | ||||||
11 | the person
submit to the test or tests. The issuance of the | ||||||
12 | Uniform Traffic Ticket
shall not constitute an arrest, but | ||||||
13 | shall be for the purpose of notifying
the person that he or she | ||||||
14 | is subject to the provisions of this Section and
of the | ||||||
15 | officer's belief of the existence of probable cause to
arrest. | ||||||
16 | Upon returning to this State, the officer shall file the | ||||||
17 | Uniform
Traffic Ticket with the Circuit Clerk of the county | ||||||
18 | where the offense was
committed, and shall seek the issuance of | ||||||
19 | an arrest warrant or a summons
for the person.
| ||||||
20 | (b) Any person who is dead, unconscious, or who is | ||||||
21 | otherwise in a condition
rendering the person incapable of | ||||||
22 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
23 | provided by paragraph (a) of this Section and the test or
tests | ||||||
24 | may be administered, subject to the provisions of Section | ||||||
25 | 11-501.2.
| ||||||
26 | (c) A person requested to submit to a test as provided |
| |||||||
| |||||||
1 | above shall
be warned by the law enforcement officer requesting | ||||||
2 | the test that a
refusal to submit to the test will result in | ||||||
3 | the statutory summary
suspension of the person's privilege to | ||||||
4 | operate a motor vehicle as provided
in Section 6-208.1 of this | ||||||
5 | Code. The person shall also be warned by the law
enforcement | ||||||
6 | officer that if the person submits to the test or tests
| ||||||
7 | provided in paragraph (a) of this Section and the alcohol | ||||||
8 | concentration in
the person's blood or breath is 0.08 or | ||||||
9 | greater, or any amount of
a
drug, substance, or compound | ||||||
10 | resulting from the unlawful use or consumption
of cannabis as | ||||||
11 | covered by the Cannabis Control Act, a controlled
substance
| ||||||
12 | listed in the Illinois Controlled Substances Act, or an | ||||||
13 | intoxicating compound
listed in the Use of Intoxicating | ||||||
14 | Compounds Act is detected in the person's
blood or urine, a | ||||||
15 | statutory summary suspension of the person's privilege to
| ||||||
16 | operate a motor vehicle, as provided in Sections 6-208.1 and | ||||||
17 | 11-501.1 of this
Code, will be imposed.
| ||||||
18 | A person who is under the age of 21 at the time the person | ||||||
19 | is requested to
submit to a test as provided above shall, in | ||||||
20 | addition to the warnings provided
for in this Section, be | ||||||
21 | further warned by the law enforcement officer
requesting the | ||||||
22 | test that if the person submits to the test or tests provided | ||||||
23 | in
paragraph (a) of this Section and the alcohol concentration | ||||||
24 | in the person's
blood or breath is greater than 0.00 and less | ||||||
25 | than 0.08, a
suspension of the
person's privilege to operate a | ||||||
26 | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 |
| |||||||
| |||||||
1 | of this Code, will be imposed. The results of this test
shall | ||||||
2 | be admissible in a civil or criminal action or proceeding | ||||||
3 | arising from an
arrest for an offense as defined in Section | ||||||
4 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
5 | or pursuant to Section 11-501.4 in prosecutions
for reckless | ||||||
6 | homicide brought under the Criminal Code of 1961. These test
| ||||||
7 | results, however, shall be admissible only in actions or | ||||||
8 | proceedings directly
related to the incident upon which the | ||||||
9 | test request was made.
| ||||||
10 | (d) If the person refuses testing or submits to a test that | ||||||
11 | discloses
an alcohol concentration of 0.08 or more, or any | ||||||
12 | amount of a drug,
substance, or intoxicating compound in the | ||||||
13 | person's breath, blood,
or urine resulting from the
unlawful | ||||||
14 | use or consumption of cannabis listed in the Cannabis Control | ||||||
15 | Act, a controlled substance listed in the Illinois Controlled | ||||||
16 | Substances
Act, or an intoxicating compound listed in the Use | ||||||
17 | of Intoxicating Compounds
Act, the law enforcement officer | ||||||
18 | shall immediately submit a sworn report to
the
circuit court of | ||||||
19 | venue and the Secretary of State, certifying that the test or
| ||||||
20 | tests was or were requested under paragraph (a) and the person | ||||||
21 | refused to
submit to a test, or tests, or submitted to testing | ||||||
22 | that disclosed an alcohol
concentration of 0.08 or more.
| ||||||
23 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
24 | officer
submitted under paragraph (d), the Secretary of State | ||||||
25 | shall enter the
statutory summary suspension for the periods | ||||||
26 | specified in Section 6-208.1,
and effective as provided in |
| |||||||
| |||||||
1 | paragraph (g).
| ||||||
2 | If the person is a first offender as defined in Section | ||||||
3 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
4 | Section 11-501
of this Code or a similar provision of a local | ||||||
5 | ordinance, then reports
received by the Secretary of State | ||||||
6 | under this Section shall, except during
the actual time the | ||||||
7 | Statutory Summary Suspension is in effect, be
privileged | ||||||
8 | information and for use only by the courts, police officers,
| ||||||
9 | prosecuting authorities or the Secretary of State. Reports | ||||||
10 | received by the Secretary of State under this Section shall | ||||||
11 | also be made available to the parent or guardian of a person | ||||||
12 | under the age of 18 years that holds an instruction permit or a | ||||||
13 | graduated driver's license, regardless of whether the | ||||||
14 | statutory summary suspension is in effect.
| ||||||
15 | (f) The law enforcement officer submitting the sworn report | ||||||
16 | under paragraph
(d) shall serve immediate notice of the | ||||||
17 | statutory summary suspension on the
person and the suspension | ||||||
18 | shall be effective as provided in paragraph (g). In
cases where | ||||||
19 | the blood alcohol concentration of 0.08 or greater or
any | ||||||
20 | amount of
a drug, substance, or compound resulting from the | ||||||
21 | unlawful use or consumption
of cannabis as covered by the | ||||||
22 | Cannabis Control Act, a controlled
substance
listed in the | ||||||
23 | Illinois Controlled Substances Act, or an intoxicating | ||||||
24 | compound
listed in the Use of Intoxicating Compounds Act is | ||||||
25 | established by a
subsequent
analysis of blood or urine | ||||||
26 | collected at the time of arrest, the arresting
officer or |
| |||||||
| |||||||
1 | arresting agency shall give notice as provided in this Section | ||||||
2 | or by
deposit in the United States mail of the notice in an | ||||||
3 | envelope with postage
prepaid and addressed to the person at | ||||||
4 | his address as shown on the Uniform
Traffic Ticket and the | ||||||
5 | statutory summary suspension shall begin as provided in
| ||||||
6 | paragraph (g). The officer shall confiscate any Illinois | ||||||
7 | driver's license or
permit on the person at the time of arrest. | ||||||
8 | If the person has a valid driver's
license or permit, the | ||||||
9 | officer shall issue the person a receipt, in
a form prescribed | ||||||
10 | by the Secretary of State, that will allow that person
to drive | ||||||
11 | during the periods provided for in paragraph (g). The officer
| ||||||
12 | shall immediately forward the driver's license or permit to the | ||||||
13 | circuit
court of venue along with the sworn report provided for | ||||||
14 | in
paragraph (d).
| ||||||
15 | (g) The statutory summary suspension referred to in this | ||||||
16 | Section shall
take effect on the 46th day following the date | ||||||
17 | the notice of the statutory
summary suspension was given to the | ||||||
18 | person.
| ||||||
19 | (h) The following procedure shall apply
whenever a person | ||||||
20 | is arrested for any offense as defined in Section 11-501
or a | ||||||
21 | similar provision of a local ordinance:
| ||||||
22 | Upon receipt of the sworn report from the law enforcement | ||||||
23 | officer,
the Secretary of State shall confirm the statutory | ||||||
24 | summary suspension by
mailing a notice of the effective date of | ||||||
25 | the suspension to the person and
the court of venue. However, | ||||||
26 | should the sworn report be defective by not
containing |
| |||||||
| |||||||
1 | sufficient information or be completed in error, the
| ||||||
2 | confirmation of the statutory summary suspension shall not be | ||||||
3 | mailed to the
person or entered to the record; instead, the | ||||||
4 | sworn report shall
be
forwarded to the court of venue with a | ||||||
5 | copy returned to the issuing agency
identifying any defect.
| ||||||
6 | (Source: P.A. 94-115, eff. 1-1-06.)
| ||||||
7 | (625 ILCS 5/11-501.8)
| ||||||
8 | Sec. 11-501.8. Suspension of driver's license; persons | ||||||
9 | under age 21.
| ||||||
10 | (a) A person who is less than 21 years of age and who | ||||||
11 | drives or
is in actual physical control of a motor vehicle upon | ||||||
12 | the
public highways of this State shall be deemed to have given | ||||||
13 | consent to a
chemical test or tests of blood, breath, or urine | ||||||
14 | for the purpose of
determining the alcohol content of the | ||||||
15 | person's blood if arrested, as evidenced
by the issuance of a | ||||||
16 | Uniform Traffic Ticket for any violation of the Illinois
| ||||||
17 | Vehicle Code or a similar provision of a local ordinance, if a | ||||||
18 | police officer
has probable cause to believe that the driver | ||||||
19 | has consumed any amount of an
alcoholic beverage based upon | ||||||
20 | evidence of the driver's physical condition or
other first hand | ||||||
21 | knowledge of the police officer. The test or tests shall be
| ||||||
22 | administered at the direction of the arresting officer. The law | ||||||
23 | enforcement
agency employing the officer shall designate which | ||||||
24 | of the aforesaid tests shall
be administered. A urine test may | ||||||
25 | be administered even after a blood or
breath test or both has |
| |||||||
| |||||||
1 | been administered.
| ||||||
2 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
3 | in a condition
rendering that person incapable of refusal, | ||||||
4 | shall be deemed not to have
withdrawn the consent provided by | ||||||
5 | paragraph (a) of this Section and the test or
tests may be | ||||||
6 | administered subject to the following provisions:
| ||||||
7 | (i) Chemical analysis of the person's blood, urine, | ||||||
8 | breath, or
other bodily substance, to be considered valid | ||||||
9 | under the provisions of this
Section, shall have been | ||||||
10 | performed according to standards promulgated by the | ||||||
11 | Department of State
Police
by an individual possessing a | ||||||
12 | valid permit issued by that Department for this
purpose. | ||||||
13 | The Director of State Police is authorized to approve | ||||||
14 | satisfactory
techniques or methods, to ascertain the | ||||||
15 | qualifications and competence of
individuals to conduct | ||||||
16 | analyses, to issue permits that shall be subject to
| ||||||
17 | termination or revocation at the direction of that | ||||||
18 | Department, and to certify
the accuracy of breath testing | ||||||
19 | equipment. The Department of
State Police shall prescribe | ||||||
20 | regulations as necessary.
| ||||||
21 | (ii) When a person submits to a blood test at the | ||||||
22 | request of a law
enforcement officer under the provisions | ||||||
23 | of this Section, only a physician
authorized to practice | ||||||
24 | medicine, a registered nurse, or other qualified person
| ||||||
25 | trained in venipuncture and acting under the direction of a | ||||||
26 | licensed physician
may withdraw blood for the purpose of |
| |||||||
| |||||||
1 | determining the alcohol content therein.
This limitation | ||||||
2 | does not apply to the taking of breath or urine specimens.
| ||||||
3 | (iii) The person tested may have a physician, qualified | ||||||
4 | technician,
chemist, registered nurse, or other qualified | ||||||
5 | person of his or her own choosing
administer a chemical | ||||||
6 | test or tests in addition to any test or tests
administered | ||||||
7 | at the direction of a law enforcement officer. The failure | ||||||
8 | or
inability to obtain an additional test by a person shall | ||||||
9 | not preclude the
consideration of the previously performed | ||||||
10 | chemical test.
| ||||||
11 | (iv) Upon a request of the person who submits to a | ||||||
12 | chemical test or
tests at the request of a law enforcement | ||||||
13 | officer, full information concerning
the test or tests | ||||||
14 | shall be made available to the person or that person's
| ||||||
15 | attorney.
| ||||||
16 | (v) Alcohol concentration means either grams of | ||||||
17 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
18 | per 210 liters of breath.
| ||||||
19 | (vi) If a driver is receiving medical treatment as a | ||||||
20 | result of a motor
vehicle accident, a physician licensed to | ||||||
21 | practice medicine, registered nurse,
or other qualified | ||||||
22 | person trained in venipuncture and
acting under the | ||||||
23 | direction of a licensed physician shall
withdraw blood for | ||||||
24 | testing purposes to ascertain the presence of alcohol upon
| ||||||
25 | the specific request of a law enforcement officer. However, | ||||||
26 | that testing
shall not be performed until, in the opinion |
| |||||||
| |||||||
1 | of the medical personnel on scene,
the withdrawal can be | ||||||
2 | made without interfering with or endangering the
| ||||||
3 | well-being of the patient.
| ||||||
4 | (c) A person requested to submit to a test as provided | ||||||
5 | above shall be warned
by the law enforcement officer requesting | ||||||
6 | the test that a refusal to submit to
the test, or submission to | ||||||
7 | the test resulting in an alcohol concentration of
more than | ||||||
8 | 0.00, may result in the loss of that person's privilege to | ||||||
9 | operate a
motor vehicle. The loss of driving privileges shall | ||||||
10 | be imposed in accordance
with Section 6-208.2 of this Code.
| ||||||
11 | (d) If the person refuses testing or submits to a test that | ||||||
12 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
13 | enforcement officer shall
immediately submit a sworn report to | ||||||
14 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
15 | State, certifying that the test or tests were
requested under | ||||||
16 | subsection (a) and the person refused to submit to a test
or | ||||||
17 | tests or submitted to testing which disclosed an alcohol | ||||||
18 | concentration of
more than 0.00. The law enforcement officer | ||||||
19 | shall submit the same sworn report
when a person under the age | ||||||
20 | of 21 submits to testing under Section
11-501.1 of this Code | ||||||
21 | and the testing discloses an alcohol concentration of
more than | ||||||
22 | 0.00 and less than 0.08.
| ||||||
23 | Upon receipt of the sworn report of a law enforcement | ||||||
24 | officer, the Secretary
of State shall enter the driver's | ||||||
25 | license sanction on the individual's driving
record and the | ||||||
26 | sanctions shall be effective on the 46th day following the date
|
| |||||||
| |||||||
1 | notice of the sanction was given to the person. If this | ||||||
2 | sanction is the
individual's first driver's license suspension | ||||||
3 | under this Section, reports
received by the Secretary of State | ||||||
4 | under this Section shall, except during the
time the suspension | ||||||
5 | is in effect, be privileged information and for use only by
the | ||||||
6 | courts, police officers, prosecuting authorities, the | ||||||
7 | Secretary of State,
or the individual personally. Reports | ||||||
8 | received by the Secretary of State under this Section shall | ||||||
9 | also be made available to the parent or guardian of a person | ||||||
10 | under the age of 18 years that holds an instruction permit or a | ||||||
11 | graduated driver's license, regardless of whether the | ||||||
12 | suspension is in effect.
| ||||||
13 | The law enforcement officer submitting the sworn report | ||||||
14 | shall serve immediate
notice of this driver's license sanction | ||||||
15 | on the person and the sanction shall
be effective on the 46th | ||||||
16 | day following the date notice was given.
| ||||||
17 | In cases where the blood alcohol concentration of more than | ||||||
18 | 0.00 is
established by a subsequent analysis of blood or urine, | ||||||
19 | the police officer or
arresting agency shall give notice as | ||||||
20 | provided in this Section or by deposit
in the United States | ||||||
21 | mail of that notice in an envelope with postage prepaid
and | ||||||
22 | addressed to that person at his last known address and the loss | ||||||
23 | of driving
privileges shall be effective on the 46th day | ||||||
24 | following the date notice was
given.
| ||||||
25 | Upon receipt of the sworn report of a law enforcement | ||||||
26 | officer, the Secretary
of State shall also give notice of the |
| |||||||
| |||||||
1 | driver's license sanction to the driver
by mailing a notice of | ||||||
2 | the effective date of the sanction to the individual.
However, | ||||||
3 | should the sworn report be defective by not containing | ||||||
4 | sufficient
information or be completed in error, the notice of | ||||||
5 | the driver's license
sanction may not be mailed to the person | ||||||
6 | or entered to the driving record,
but rather the sworn report | ||||||
7 | shall be returned to the issuing law enforcement
agency.
| ||||||
8 | (e) A driver may contest this driver's license sanction by | ||||||
9 | requesting an
administrative hearing with the Secretary of | ||||||
10 | State in accordance with Section
2-118 of this Code. An | ||||||
11 | individual whose blood alcohol concentration is shown
to be | ||||||
12 | more than 0.00 is not subject to this Section if he or she | ||||||
13 | consumed
alcohol in the performance of a religious service or | ||||||
14 | ceremony. An individual
whose blood alcohol concentration is | ||||||
15 | shown to be more than 0.00 shall not be
subject to this Section | ||||||
16 | if the individual's blood alcohol concentration
resulted only | ||||||
17 | from ingestion of the prescribed or recommended dosage of
| ||||||
18 | medicine that contained alcohol. The petition for that hearing | ||||||
19 | shall not stay
or delay the effective date of the impending | ||||||
20 | suspension. The scope of this
hearing shall be limited to the | ||||||
21 | issues of:
| ||||||
22 | (1) whether the police officer had probable cause to | ||||||
23 | believe that the
person was driving or in actual physical | ||||||
24 | control of a motor vehicle upon the
public highways of the | ||||||
25 | State and the police officer had reason to believe that
the | ||||||
26 | person was in violation of any provision of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code or a
similar provision of a local ordinance; | ||||||
2 | and
| ||||||
3 | (2) whether the person was issued a Uniform Traffic | ||||||
4 | Ticket for any
violation of the Illinois Vehicle Code or a | ||||||
5 | similar provision of a local
ordinance; and
| ||||||
6 | (3) whether the police officer had probable cause to | ||||||
7 | believe that the
driver
had consumed any amount of an | ||||||
8 | alcoholic beverage based upon the driver's
physical | ||||||
9 | actions or other first-hand knowledge of the police | ||||||
10 | officer; and
| ||||||
11 | (4) whether the person, after being advised by the | ||||||
12 | officer that the
privilege to operate a motor vehicle would | ||||||
13 | be suspended if the person refused
to submit to and | ||||||
14 | complete the test or tests, did refuse to submit to or
| ||||||
15 | complete the test or tests to determine the person's | ||||||
16 | alcohol concentration;
and
| ||||||
17 | (5) whether the person, after being advised by the | ||||||
18 | officer that the
privileges to operate a motor vehicle | ||||||
19 | would be suspended if the person submits
to a chemical test | ||||||
20 | or tests and the test or tests disclose an alcohol
| ||||||
21 | concentration of more than 0.00, did submit to and
complete | ||||||
22 | the
test or tests that determined an alcohol concentration | ||||||
23 | of more than 0.00; and
| ||||||
24 | (6) whether the test result of an alcohol concentration | ||||||
25 | of more than 0.00
was based upon the person's consumption | ||||||
26 | of alcohol in the performance of a
religious service or |
| |||||||
| |||||||
1 | ceremony; and
| ||||||
2 | (7) whether the test result of an alcohol concentration | ||||||
3 | of more than 0.00
was based upon the person's consumption | ||||||
4 | of alcohol through ingestion of the
prescribed or | ||||||
5 | recommended dosage of medicine.
| ||||||
6 | Provided that the petitioner may subpoena the officer, the | ||||||
7 | hearing may be
conducted upon a review of the law enforcement | ||||||
8 | officer's own official reports.
Failure of the officer to | ||||||
9 | answer the subpoena shall be grounds for a
continuance if, in | ||||||
10 | the hearing officer's discretion, the continuance is
| ||||||
11 | appropriate. At the conclusion of the hearing held under | ||||||
12 | Section 2-118 of
this Code, the Secretary of State may rescind, | ||||||
13 | continue, or modify the driver's
license sanction. If the | ||||||
14 | Secretary of State does not rescind the sanction, a
restricted | ||||||
15 | driving permit may be granted by the Secretary of State upon
| ||||||
16 | application being made and good cause shown. A restricted | ||||||
17 | driving permit may be
granted to relieve undue hardship by | ||||||
18 | allowing driving for employment,
educational, and medical | ||||||
19 | purposes as outlined in item (3) of part (c) of
Section 6-206 | ||||||
20 | of this Code. The provisions of item (3) of part (c) of Section
| ||||||
21 | 6-206 of this Code and of subsection (f) of that Section shall | ||||||
22 | apply. The Secretary of State shall promulgate rules
providing | ||||||
23 | for participation in an alcohol education and awareness program | ||||||
24 | or
activity, a drug education and awareness program or | ||||||
25 | activity, or both as a
condition to the issuance of a | ||||||
26 | restricted driving permit for suspensions
imposed under this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (f) The results of any chemical testing performed in | ||||||
3 | accordance with
subsection (a) of this Section are not | ||||||
4 | admissible in any civil or criminal
proceeding, except that the | ||||||
5 | results of the testing may be considered at a
hearing held | ||||||
6 | under Section 2-118 of this Code. However, the results of
the | ||||||
7 | testing may not be used to impose driver's license sanctions | ||||||
8 | under
Section 11-501.1 of this Code. A law enforcement officer | ||||||
9 | may, however, pursue
a statutory summary suspension of driving | ||||||
10 | privileges under Section 11-501.1 of
this Code if other | ||||||
11 | physical evidence or first hand knowledge forms the basis
of | ||||||
12 | that suspension.
| ||||||
13 | (g) This Section applies only to drivers who are under
age | ||||||
14 | 21 at the time of the issuance of a Uniform Traffic Ticket for | ||||||
15 | a
violation of the Illinois Vehicle Code or a similar provision | ||||||
16 | of a local
ordinance, and a chemical test request is made under | ||||||
17 | this Section.
| ||||||
18 | (h) The action of the Secretary of State in suspending, | ||||||
19 | revoking, or
denying any license, permit, registration, or | ||||||
20 | certificate of title shall be
subject to judicial review in the | ||||||
21 | Circuit Court of Sangamon County or in the
Circuit Court of | ||||||
22 | Cook County, and the provisions of the Administrative Review
| ||||||
23 | Law and its rules are hereby adopted and shall apply to and | ||||||
24 | govern every action
for the judicial review of final acts or | ||||||
25 | decisions of the Secretary of State
under this Section.
| ||||||
26 | (Source: P.A. 94-307, eff. 9-30-05.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect January | ||||||
2 | 1, 2008.
|