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1 | AN ACT concerning transportation.
| ||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 6-208.1, 11-501.1, and 11-501.2 as follows:
| ||||||||||||||||||||||||||||
6 | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
| ||||||||||||||||||||||||||||
7 | (Text of Section before amendment by P.A. 95-400 ) | ||||||||||||||||||||||||||||
8 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||||||||||||||||||||||||
9 | drug,
or intoxicating compound related suspension.
| ||||||||||||||||||||||||||||
10 | (a) Unless the statutory summary suspension has been | ||||||||||||||||||||||||||||
11 | rescinded, any
person whose privilege to drive a motor vehicle | ||||||||||||||||||||||||||||
12 | on the public highways has
been summarily suspended, pursuant | ||||||||||||||||||||||||||||
13 | to Section 11-501.1, shall not be
eligible for restoration of | ||||||||||||||||||||||||||||
14 | the privilege until the expiration of:
| ||||||||||||||||||||||||||||
15 | 1. Six months from the effective date of the statutory | ||||||||||||||||||||||||||||
16 | summary suspension
for a refusal or failure to complete a | ||||||||||||||||||||||||||||
17 | test or tests to determine the
alcohol, drug, or | ||||||||||||||||||||||||||||
18 | intoxicating compound concentration, pursuant
to
Section | ||||||||||||||||||||||||||||
19 | 11-501.1 or for leaving the scene of an accident in | ||||||||||||||||||||||||||||
20 | violation of Article IV of Chapter 11 in which evidence of | ||||||||||||||||||||||||||||
21 | the person's intoxication or drugged state at the time of | ||||||||||||||||||||||||||||
22 | leaving the scene is apparent ; or
| ||||||||||||||||||||||||||||
23 | 2. Three months from the effective date of the |
| |||||||
| |||||||
1 | statutory summary
suspension imposed following the | ||||||
2 | person's submission to a chemical test
which disclosed an | ||||||
3 | alcohol concentration of 0.08 or more, or any
amount
of a
| ||||||
4 | drug, substance, or intoxicating compound in such person's
| ||||||
5 | breath, blood, or
urine resulting
from the unlawful use or | ||||||
6 | consumption of cannabis listed in the Cannabis
Control Act, | ||||||
7 | a controlled substance listed in the Illinois
Controlled
| ||||||
8 | Substances Act, an intoxicating compound listed in the Use | ||||||
9 | of Intoxicating
Compounds Act, or methamphetamine as | ||||||
10 | listed in the Methamphetamine Control and Community | ||||||
11 | Protection Act, pursuant to Section 11-501.1; or
| ||||||
12 | 3. Three years from the effective date of the statutory | ||||||
13 | summary suspension
for any person other than a first | ||||||
14 | offender who refuses or fails to
complete a test or tests | ||||||
15 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
16 | concentration
pursuant to Section 11-501.1 or who leaves | ||||||
17 | the scene of an accident in violation of Article IV of | ||||||
18 | Chapter 11 in which evidence of the person's intoxication | ||||||
19 | or drugged state at the time of leaving the scene is | ||||||
20 | apparent ; or
| ||||||
21 | 4. One year from the effective date of the summary | ||||||
22 | suspension imposed
for any person other than a first | ||||||
23 | offender following submission to a
chemical test which | ||||||
24 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
25 | to Section 11-501.1 or any amount of a drug, substance or
| ||||||
26 | compound in such person's blood or urine resulting from the |
| |||||||
| |||||||
1 | unlawful use or
consumption of cannabis listed in the | ||||||
2 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
3 | Illinois Controlled Substances Act, an
intoxicating
| ||||||
4 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
5 | or methamphetamine as listed in the Methamphetamine | ||||||
6 | Control and Community Protection Act.
| ||||||
7 | (b) Following a statutory summary suspension of the | ||||||
8 | privilege to drive a
motor vehicle under Section 11-501.1, | ||||||
9 | driving privileges shall be
restored unless the person is | ||||||
10 | otherwise suspended, revoked, or cancelled by this Code. If
the | ||||||
11 | court has reason to believe that the person's
driving privilege | ||||||
12 | should not be restored, the court shall notify
the Secretary of | ||||||
13 | State prior to the expiration of the statutory summary
| ||||||
14 | suspension so appropriate action may be taken pursuant to this | ||||||
15 | Code.
| ||||||
16 | (c) Driving privileges may not be restored until all | ||||||
17 | applicable
reinstatement fees, as provided by this Code, have | ||||||
18 | been paid to the Secretary
of State and the appropriate entry | ||||||
19 | made to the driver's record.
| ||||||
20 | (d) Where a driving privilege has been summarily suspended | ||||||
21 | under Section
11-501.1 and the person is subsequently convicted | ||||||
22 | of violating Section
11-501, or a similar provision of a local | ||||||
23 | ordinance, for the same incident,
any period served on | ||||||
24 | statutory summary suspension shall be credited toward
the | ||||||
25 | minimum period of revocation of driving privileges imposed | ||||||
26 | pursuant to
Section 6-205.
|
| |||||||
| |||||||
1 | (e) Following a statutory summary suspension of driving | ||||||
2 | privileges
pursuant to Section 11-501.1, for a first offender, | ||||||
3 | the circuit court may,
after at least 30 days from the | ||||||
4 | effective date of the statutory summary
suspension, issue a | ||||||
5 | judicial driving permit as provided in Section 6-206.1.
| ||||||
6 | (f) Subsequent to an arrest of a first offender, for any | ||||||
7 | offense as
defined in Section 11-501 or a similar provision of | ||||||
8 | a local ordinance,
following a statutory summary suspension of | ||||||
9 | driving privileges pursuant to
Section 11-501.1, for a first | ||||||
10 | offender, the circuit court may issue a court
order directing | ||||||
11 | the Secretary of State to issue a judicial driving permit
as | ||||||
12 | provided in Section 6-206.1. However, this JDP shall not be | ||||||
13 | effective
prior to the 31st day of the statutory summary | ||||||
14 | suspension.
| ||||||
15 | (g) Following a statutory summary suspension of driving | ||||||
16 | privileges
pursuant to Section 11-501.1 where the person was | ||||||
17 | not a first offender, as
defined in Section 11-500, the | ||||||
18 | Secretary of State may not issue a
restricted driving permit.
| ||||||
19 | (h) (Blank).
| ||||||
20 | (Source: P.A. 95-355, eff. 1-1-08.)
| ||||||
21 | (Text of Section after amendment by P.A. 95-400 ) | ||||||
22 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
23 | drug,
or intoxicating compound related suspension.
| ||||||
24 | (a) Unless the statutory summary suspension has been | ||||||
25 | rescinded, any
person whose privilege to drive a motor vehicle |
| |||||||
| |||||||
1 | on the public highways has
been summarily suspended, pursuant | ||||||
2 | to Section 11-501.1, shall not be
eligible for restoration of | ||||||
3 | the privilege until the expiration of:
| ||||||
4 | 1. Twelve months from the effective date of the | ||||||
5 | statutory summary suspension
for a refusal or failure to | ||||||
6 | complete a test or tests to determine the
alcohol, drug, or | ||||||
7 | intoxicating compound concentration, pursuant
to
Section | ||||||
8 | 11-501.1 or for leaving the scene of an accident in | ||||||
9 | violation of Article IV of Chapter 11 in which evidence of | ||||||
10 | the person's intoxication or drugged state at the time of | ||||||
11 | leaving the scene is apparent ; or
| ||||||
12 | 2. Six months from the effective date of the statutory | ||||||
13 | summary
suspension imposed following the person's | ||||||
14 | submission to a chemical test
which disclosed an alcohol | ||||||
15 | concentration of 0.08 or more, or any
amount
of a
drug, | ||||||
16 | substance, or intoxicating compound in such person's
| ||||||
17 | breath, blood, or
urine resulting
from the unlawful use or | ||||||
18 | consumption of cannabis listed in the Cannabis
Control Act, | ||||||
19 | a controlled substance listed in the Illinois
Controlled
| ||||||
20 | Substances Act, an intoxicating compound listed in the Use | ||||||
21 | of Intoxicating
Compounds Act, or methamphetamine as | ||||||
22 | listed in the Methamphetamine Control and Community | ||||||
23 | Protection Act, pursuant to Section 11-501.1; or
| ||||||
24 | 3. Three years from the effective date of the statutory | ||||||
25 | summary suspension
for any person other than a first | ||||||
26 | offender who refuses or fails to
complete a test or tests |
| |||||||
| |||||||
1 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
2 | concentration
pursuant to Section 11-501.1 or who leaves | ||||||
3 | the scene of an accident in violation of Article IV of | ||||||
4 | Chapter 11 in which evidence of the person's intoxication | ||||||
5 | or drugged state at the time of leaving the scene is | ||||||
6 | apparent ; or
| ||||||
7 | 4. One year from the effective date of the summary | ||||||
8 | suspension imposed
for any person other than a first | ||||||
9 | offender following submission to a
chemical test which | ||||||
10 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
11 | to Section 11-501.1 or any amount of a drug, substance or
| ||||||
12 | compound in such person's blood or urine resulting from the | ||||||
13 | unlawful use or
consumption of cannabis listed in the | ||||||
14 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
15 | Illinois Controlled Substances Act, an
intoxicating
| ||||||
16 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
17 | or methamphetamine as listed in the Methamphetamine | ||||||
18 | Control and Community Protection Act.
| ||||||
19 | (b) Following a statutory summary suspension of the | ||||||
20 | privilege to drive a
motor vehicle under Section 11-501.1, | ||||||
21 | driving privileges shall be
restored unless the person is | ||||||
22 | otherwise suspended, revoked, or cancelled by this Code. If
the | ||||||
23 | court has reason to believe that the person's
driving privilege | ||||||
24 | should not be restored, the court shall notify
the Secretary of | ||||||
25 | State prior to the expiration of the statutory summary
| ||||||
26 | suspension so appropriate action may be taken pursuant to this |
| |||||||
| |||||||
1 | Code.
| ||||||
2 | (c) Driving privileges may not be restored until all | ||||||
3 | applicable
reinstatement fees, as provided by this Code, have | ||||||
4 | been paid to the Secretary
of State and the appropriate entry | ||||||
5 | made to the driver's record.
| ||||||
6 | (d) Where a driving privilege has been summarily suspended | ||||||
7 | under Section
11-501.1 and the person is subsequently convicted | ||||||
8 | of violating Section
11-501, or a similar provision of a local | ||||||
9 | ordinance, for the same incident,
any period served on | ||||||
10 | statutory summary suspension shall be credited toward
the | ||||||
11 | minimum period of revocation of driving privileges imposed | ||||||
12 | pursuant to
Section 6-205.
| ||||||
13 | (e) Following a statutory summary suspension of driving | ||||||
14 | privileges
pursuant to Section 11-501.1, for a first offender, | ||||||
15 | the circuit court shall, unless the offender has opted in | ||||||
16 | writing not to have a monitoring device driving permit issued, | ||||||
17 | order the Secretary of State to issue a monitoring device | ||||||
18 | driving permit as provided in Section 6-206.1. A monitoring | ||||||
19 | device driving permit shall not be effective prior to the 31st | ||||||
20 | day of the statutory summary suspension.
| ||||||
21 | (f) (Blank).
| ||||||
22 | (g) Following a statutory summary suspension of driving | ||||||
23 | privileges
pursuant to Section 11-501.1 where the person was | ||||||
24 | not a first offender, as
defined in Section 11-500, the | ||||||
25 | Secretary of State may not issue a
restricted driving permit.
| ||||||
26 | (h) (Blank).
|
| |||||||
| |||||||
1 | (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; revised | ||||||
2 | 12-21-07.)
| ||||||
3 | (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
| ||||||
4 | Sec. 11-501.1. Suspension of drivers license; statutory | ||||||
5 | summary
alcohol, other drug or drugs, or intoxicating compound | ||||||
6 | or
compounds related suspension; implied consent.
| ||||||
7 | (a) Any person who drives or is in actual physical control | ||||||
8 | of a motor
vehicle upon the public highways of this State shall | ||||||
9 | be deemed to have given
consent, subject to the provisions of | ||||||
10 | Section 11-501.2, to a chemical test or
tests of blood, breath, | ||||||
11 | or urine for the purpose of determining the content of
alcohol, | ||||||
12 | other drug or drugs, or intoxicating compound or compounds or
| ||||||
13 | any combination thereof in the person's blood if arrested,
as | ||||||
14 | evidenced by the issuance of a Uniform Traffic Ticket, for any | ||||||
15 | offense
as defined in Section 11-501 or a similar provision of | ||||||
16 | a local ordinance, or if arrested for violating Section 11-401.
| ||||||
17 | The test or tests shall be administered at the direction of the | ||||||
18 | arresting
officer. The law enforcement agency employing the | ||||||
19 | officer shall designate which
of the aforesaid tests shall be | ||||||
20 | administered. A urine test may be administered
even after a | ||||||
21 | blood or breath test or both has
been administered. For | ||||||
22 | purposes of this Section, an Illinois law
enforcement officer | ||||||
23 | of this State who is investigating the person for any
offense | ||||||
24 | defined in Section 11-501 may travel into an adjoining state, | ||||||
25 | where
the person has been transported for medical care, to |
| |||||||
| |||||||
1 | complete an
investigation and to request that the person submit | ||||||
2 | to the test or tests
set forth in this Section. The | ||||||
3 | requirements of this Section that the
person be arrested are | ||||||
4 | inapplicable, but the officer shall issue the person
a Uniform | ||||||
5 | Traffic Ticket for an offense as defined in Section 11-501 or a
| ||||||
6 | similar provision of a local ordinance prior to requesting that | ||||||
7 | the person
submit to the test or tests. The issuance of the | ||||||
8 | Uniform Traffic Ticket
shall not constitute an arrest, but | ||||||
9 | shall be for the purpose of notifying
the person that he or she | ||||||
10 | is subject to the provisions of this Section and
of the | ||||||
11 | officer's belief of the existence of probable cause to
arrest. | ||||||
12 | Upon returning to this State, the officer shall file the | ||||||
13 | Uniform
Traffic Ticket with the Circuit Clerk of the county | ||||||
14 | where the offense was
committed, and shall seek the issuance of | ||||||
15 | an arrest warrant or a summons
for the person.
| ||||||
16 | (b) Any person who is dead, unconscious, or who is | ||||||
17 | otherwise in a condition
rendering the person incapable of | ||||||
18 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
19 | provided by paragraph (a) of this Section and the test or
tests | ||||||
20 | may be administered, subject to the provisions of Section | ||||||
21 | 11-501.2.
| ||||||
22 | (b-5) A person who leaves the scene of an accident in | ||||||
23 | violation of Article IV of Chapter 11 in which evidence of the | ||||||
24 | person's intoxication or drugged state at the time of leaving | ||||||
25 | the scene is apparent shall be deemed to have refused to submit | ||||||
26 | to the test or tests provided for in subsection (a) and shall |
| |||||||
| |||||||
1 | result in the statutory summary suspension of the person's | ||||||
2 | privilege to operate a motor vehicle, as provided
in Section | ||||||
3 | 6-208.1 of this Code, and will also result in the | ||||||
4 | disqualification of the person's privilege to operate a | ||||||
5 | commercial motor vehicle, as provided in Section 6-514 of this | ||||||
6 | Code, if the person is a CDL holder. | ||||||
7 | (c) A person requested to submit to a test as provided | ||||||
8 | above shall
be warned by the law enforcement officer requesting | ||||||
9 | the test that a
refusal to submit to the test will result in | ||||||
10 | the statutory summary
suspension of the person's privilege to | ||||||
11 | operate a motor vehicle, as provided
in Section 6-208.1 of this | ||||||
12 | Code, and will also result in the disqualification of the | ||||||
13 | person's privilege to operate a commercial motor vehicle, as | ||||||
14 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
15 | holder. The person shall also be warned by the law
enforcement | ||||||
16 | officer that if the person submits to the test or tests
| ||||||
17 | provided in paragraph (a) of this Section and the alcohol | ||||||
18 | concentration in
the person's blood or breath is 0.08 or | ||||||
19 | greater, or any amount of
a
drug, substance, or compound | ||||||
20 | resulting from the unlawful use or consumption
of cannabis as | ||||||
21 | covered by the Cannabis Control Act, a controlled
substance
| ||||||
22 | listed in the Illinois Controlled Substances Act, an | ||||||
23 | intoxicating compound
listed in the Use of Intoxicating | ||||||
24 | Compounds Act, or methamphetamine as listed in the | ||||||
25 | Methamphetamine Control and Community Protection Act is | ||||||
26 | detected in the person's
blood or urine, a statutory summary |
| |||||||
| |||||||
1 | suspension of the person's privilege to
operate a motor | ||||||
2 | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||||||
3 | Code, and a disqualification of
the person's privilege to | ||||||
4 | operate a commercial motor vehicle, as provided in Section | ||||||
5 | 6-514 of this Code, if the person is a CDL holder, will be | ||||||
6 | imposed.
| ||||||
7 | A person who is under the age of 21 at the time the person | ||||||
8 | is requested to
submit to a test as provided above shall, in | ||||||
9 | addition to the warnings provided
for in this Section, be | ||||||
10 | further warned by the law enforcement officer
requesting the | ||||||
11 | test that if the person submits to the test or tests provided | ||||||
12 | in
paragraph (a) of this Section and the alcohol concentration | ||||||
13 | in the person's
blood or breath is greater than 0.00 and less | ||||||
14 | than 0.08, a
suspension of the
person's privilege to operate a | ||||||
15 | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | ||||||
16 | of this Code, will be imposed. The results of this test
shall | ||||||
17 | be admissible in a civil or criminal action or proceeding | ||||||
18 | arising from an
arrest for an offense as defined in Section | ||||||
19 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
20 | or pursuant to Section 11-501.4 in prosecutions
for reckless | ||||||
21 | homicide brought under the Criminal Code of 1961. These test
| ||||||
22 | results, however, shall be admissible only in actions or | ||||||
23 | proceedings directly
related to the incident upon which the | ||||||
24 | test request was made.
| ||||||
25 | (d) If the person refuses testing or submits to a test that | ||||||
26 | discloses
an alcohol concentration of 0.08 or more, or any |
| |||||||
| |||||||
1 | amount of a drug,
substance, or intoxicating compound in the | ||||||
2 | person's breath, blood,
or urine resulting from the
unlawful | ||||||
3 | use or consumption of cannabis listed in the Cannabis Control | ||||||
4 | Act, a controlled substance listed in the Illinois Controlled | ||||||
5 | Substances
Act, an intoxicating compound listed in the Use of | ||||||
6 | Intoxicating Compounds
Act, or methamphetamine as listed in the | ||||||
7 | Methamphetamine Control and Community Protection Act, the law | ||||||
8 | enforcement officer shall immediately submit a sworn report to
| ||||||
9 | the
circuit court of venue and the Secretary of State, | ||||||
10 | certifying that the test or
tests was or were requested under | ||||||
11 | paragraph (a) and the person refused to
submit to a test, or | ||||||
12 | tests, or submitted to testing that disclosed an alcohol
| ||||||
13 | concentration of 0.08 or more.
| ||||||
14 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
15 | officer
submitted under paragraph (d), the Secretary of State | ||||||
16 | shall enter the
statutory summary suspension and | ||||||
17 | disqualification for the periods specified in Sections
6-208.1 | ||||||
18 | and 6-514, respectively,
and effective as provided in paragraph | ||||||
19 | (g).
| ||||||
20 | If the person is a first offender as defined in Section | ||||||
21 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
22 | Section 11-501
of this Code or a similar provision of a local | ||||||
23 | ordinance, then reports
received by the Secretary of State | ||||||
24 | under this Section shall, except during
the actual time the | ||||||
25 | Statutory Summary Suspension is in effect, be
privileged | ||||||
26 | information and for use only by the courts, police officers,
|
| |||||||
| |||||||
1 | prosecuting authorities or the Secretary of State. However, | ||||||
2 | beginning January 1, 2008, if the person is a CDL holder, the | ||||||
3 | statutory summary suspension shall also be made available to | ||||||
4 | the driver licensing administrator of any other state, the U.S. | ||||||
5 | Department of Transportation, and the affected driver or motor | ||||||
6 | carrier or prospective motor carrier upon request.
Reports | ||||||
7 | received by the Secretary of State under this Section shall | ||||||
8 | also be made available to the parent or guardian of a person | ||||||
9 | under the age of 18 years that holds an instruction permit or a | ||||||
10 | graduated driver's license, regardless of whether the | ||||||
11 | statutory summary suspension is in effect.
| ||||||
12 | (f) The law enforcement officer submitting the sworn report | ||||||
13 | under paragraph
(d) shall serve immediate notice of the | ||||||
14 | statutory summary suspension on the
person and the suspension | ||||||
15 | and disqualification shall be effective as provided in | ||||||
16 | paragraph (g). In
cases where the blood alcohol concentration | ||||||
17 | of 0.08 or greater or
any amount of
a drug, substance, or | ||||||
18 | compound resulting from the unlawful use or consumption
of | ||||||
19 | cannabis as covered by the Cannabis Control Act, a controlled
| ||||||
20 | substance
listed in the Illinois Controlled Substances Act,
an | ||||||
21 | intoxicating compound
listed in the Use of Intoxicating | ||||||
22 | Compounds Act, or methamphetamine as listed in the | ||||||
23 | Methamphetamine Control and Community Protection Act is | ||||||
24 | established by a
subsequent
analysis of blood or urine | ||||||
25 | collected at the time of arrest, the arresting
officer or | ||||||
26 | arresting agency shall give notice as provided in this Section |
| |||||||
| |||||||
1 | or by
deposit in the United States mail of the notice in an | ||||||
2 | envelope with postage
prepaid and addressed to the person at | ||||||
3 | his address as shown on the Uniform
Traffic Ticket and the | ||||||
4 | statutory summary suspension and disqualification shall begin | ||||||
5 | as provided in
paragraph (g). The officer shall confiscate any | ||||||
6 | Illinois driver's license or
permit on the person at the time | ||||||
7 | of arrest. If the person has a valid driver's
license or | ||||||
8 | permit, the officer shall issue the person a receipt, in
a form | ||||||
9 | prescribed by the Secretary of State, that will allow that | ||||||
10 | person
to drive during the periods provided for in paragraph | ||||||
11 | (g). The officer
shall immediately forward the driver's license | ||||||
12 | or permit to the circuit
court of venue along with the sworn | ||||||
13 | report provided for in
paragraph (d).
| ||||||
14 | (g) The statutory summary suspension and disqualification
| ||||||
15 | referred to in this Section shall
take effect on the 46th day | ||||||
16 | following the date the notice of the statutory
summary | ||||||
17 | suspension was given to the person.
| ||||||
18 | (h) The following procedure shall apply
whenever a person | ||||||
19 | is arrested for any offense as defined in Section 11-501
or a | ||||||
20 | similar provision of a local ordinance:
| ||||||
21 | Upon receipt of the sworn report from the law enforcement | ||||||
22 | officer,
the Secretary of State shall confirm the statutory | ||||||
23 | summary suspension by
mailing a notice of the effective date of | ||||||
24 | the suspension to the person and
the court of venue. The | ||||||
25 | Secretary of State shall also mail notice of the effective date | ||||||
26 | of the disqualification to the person. However, should the |
| |||||||
| |||||||
1 | sworn report be defective by not
containing sufficient | ||||||
2 | information or be completed in error, the
confirmation of the | ||||||
3 | statutory summary suspension shall not be mailed to the
person | ||||||
4 | or entered to the record; instead, the sworn report shall
be
| ||||||
5 | forwarded to the court of venue with a copy returned to the | ||||||
6 | issuing agency
identifying any defect.
| ||||||
7 | (Source: P.A. 94-115, eff. 1-1-06; 95-201, eff. 1-1-08; 95-382, | ||||||
8 | eff. 8-23-07; revised 11-19-07.)
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9 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
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10 | Sec. 11-501.2. Chemical and other tests.
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11 | (a) Upon the trial of any civil or criminal action or | ||||||
12 | proceeding arising out
of an arrest for an offense as defined | ||||||
13 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
14 | pursuant to Section 2-118.1, evidence of the
concentration of | ||||||
15 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
16 | compounds, or any combination thereof in a person's blood
or | ||||||
17 | breath at the time alleged, as determined by analysis of the | ||||||
18 | person's blood,
urine, breath or other bodily substance, shall | ||||||
19 | be admissible. Where such test
is made the following provisions | ||||||
20 | shall apply:
| ||||||
21 | 1. Chemical analyses of the person's blood, urine, | ||||||
22 | breath or other bodily
substance to be considered valid | ||||||
23 | under the provisions of this Section shall
have been | ||||||
24 | performed according to standards promulgated by the | ||||||
25 | Department of State Police
by
a licensed physician, |
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| |||||||
1 | registered nurse, trained phlebotomist acting under the
| ||||||
2 | direction of a licensed physician, certified paramedic, or | ||||||
3 | other individual
possessing a valid permit issued by that | ||||||
4 | Department for
this purpose. The Director of State Police | ||||||
5 | is authorized to approve satisfactory
techniques or | ||||||
6 | methods, to ascertain the qualifications and competence of
| ||||||
7 | individuals to conduct such analyses, to issue permits | ||||||
8 | which shall be subject
to termination or revocation at the | ||||||
9 | discretion of that Department and to
certify the accuracy | ||||||
10 | of breath testing equipment. The Department
of
State Police | ||||||
11 | shall prescribe regulations as necessary to
implement this
| ||||||
12 | Section.
| ||||||
13 | 2. When a person in this State shall submit to a blood | ||||||
14 | test at the request
of a law enforcement officer under the | ||||||
15 | provisions of Section 11-501.1, only a
physician | ||||||
16 | authorized to practice medicine, a registered nurse, | ||||||
17 | trained
phlebotomist, or certified paramedic, or other
| ||||||
18 | qualified person approved by the Department of State Police | ||||||
19 | may withdraw blood
for the purpose of determining the | ||||||
20 | alcohol, drug, or alcohol and drug content
therein. This | ||||||
21 | limitation shall not apply to the taking of breath or urine
| ||||||
22 | specimens.
| ||||||
23 | When a blood test of a person who has been taken to an | ||||||
24 | adjoining state
for medical treatment is requested by an | ||||||
25 | Illinois law enforcement officer,
the blood may be | ||||||
26 | withdrawn only by a physician authorized to practice
|
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| |||||||
1 | medicine in the adjoining state, a registered nurse, a | ||||||
2 | trained
phlebotomist acting under the direction of the | ||||||
3 | physician, or certified
paramedic. The law
enforcement | ||||||
4 | officer requesting the test shall take custody of the blood
| ||||||
5 | sample, and the blood sample shall be analyzed by a | ||||||
6 | laboratory certified by the
Department of State Police for | ||||||
7 | that purpose.
| ||||||
8 | 3. The person tested may have a physician, or a | ||||||
9 | qualified technician,
chemist, registered nurse, or other | ||||||
10 | qualified person of their own choosing
administer a | ||||||
11 | chemical test or tests in addition to any administered at | ||||||
12 | the
direction of a law enforcement officer. The failure or | ||||||
13 | inability to obtain
an additional test by a person shall | ||||||
14 | not preclude the admission of evidence
relating to the test | ||||||
15 | or tests taken at the direction of a law enforcement
| ||||||
16 | officer.
| ||||||
17 | 4. Upon the request of the person who shall submit to a | ||||||
18 | chemical test
or tests at the request of a law enforcement | ||||||
19 | officer, full information
concerning the test or tests | ||||||
20 | shall be made available to the person or such
person's | ||||||
21 | attorney.
| ||||||
22 | 5. Alcohol concentration shall mean either grams of | ||||||
23 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
24 | per 210 liters of breath.
| ||||||
25 | (b) Upon the trial of any civil or criminal action or | ||||||
26 | proceeding arising
out of acts alleged to have been committed |
| |||||||
| |||||||
1 | by any person while driving or
in actual physical control of a | ||||||
2 | vehicle while under the influence of alcohol,
the concentration | ||||||
3 | of alcohol in the person's blood or breath at the time
alleged | ||||||
4 | as shown by analysis of the person's blood, urine, breath, or | ||||||
5 | other
bodily substance shall give rise to the following | ||||||
6 | presumptions:
| ||||||
7 | 1. If there was at that time an alcohol concentration | ||||||
8 | of 0.05 or less,
it shall be presumed that the person was | ||||||
9 | not under the influence of alcohol.
| ||||||
10 | 2. If there was at that time an alcohol concentration | ||||||
11 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
12 | give rise to any
presumption that
the person was or was not | ||||||
13 | under the influence of alcohol, but such fact
may be | ||||||
14 | considered with other competent evidence in determining | ||||||
15 | whether the
person was under the influence of alcohol.
| ||||||
16 | 3. If there was at that time an alcohol concentration | ||||||
17 | of 0.08
or more,
it shall be presumed that the person was | ||||||
18 | under the influence of alcohol.
| ||||||
19 | 4. The foregoing provisions of this Section shall not | ||||||
20 | be construed as
limiting the introduction of any other | ||||||
21 | relevant evidence bearing upon the
question whether the | ||||||
22 | person was under the influence of alcohol.
| ||||||
23 | (c) 1. If a person under arrest refuses to submit to a | ||||||
24 | chemical test
under
the provisions of Section 11-501.1, | ||||||
25 | evidence of refusal shall be admissible
in any civil or |
| |||||||
| |||||||
1 | criminal action or proceeding arising out of acts alleged
to | ||||||
2 | have been committed while the person under the influence of | ||||||
3 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
4 | compounds, or
any combination thereof was driving or in actual | ||||||
5 | physical
control of a motor vehicle.
| ||||||
6 | 1.1. If a person leaves the scene of an accident in | ||||||
7 | violation of Article IV of Chapter 11 in which evidence of | ||||||
8 | the person's intoxication or drugged state at the time of | ||||||
9 | leaving the scene is apparent, evidence of leaving the | ||||||
10 | scene shall be admissible
in any civil or criminal action | ||||||
11 | or proceeding arising out of acts alleged
to have been | ||||||
12 | committed while the person under the influence of alcohol,
| ||||||
13 | other drug or drugs, or intoxicating compound or compounds, | ||||||
14 | or
any combination thereof was driving or in actual | ||||||
15 | physical
control of a motor vehicle.
| ||||||
16 | 2. Notwithstanding any ability to refuse under this | ||||||
17 | Code to submit to
these tests or any ability to revoke the | ||||||
18 | implied consent to these tests, if a
law enforcement | ||||||
19 | officer has probable cause to believe that a motor vehicle
| ||||||
20 | driven by or in actual physical control of a person under | ||||||
21 | the influence of
alcohol, other drug or drugs, or | ||||||
22 | intoxicating compound or
compounds,
or any combination | ||||||
23 | thereof
has caused the death or
personal injury to another, | ||||||
24 | that person shall submit, upon the request of a law
| ||||||
25 | enforcement officer, to a chemical test or tests of his or | ||||||
26 | her blood, breath or
urine for the purpose of
determining |
| |||||||
| |||||||
1 | the alcohol content thereof or the presence of any other | ||||||
2 | drug or
combination of both.
| ||||||
3 | This provision does not affect the applicability of or | ||||||
4 | imposition of driver's
license sanctions under Section | ||||||
5 | 11-501.1 of this Code.
| ||||||
6 | 3. For purposes of this Section, a personal injury | ||||||
7 | includes any Type A
injury as indicated on the traffic | ||||||
8 | accident report completed by a law
enforcement officer that | ||||||
9 | requires immediate professional attention in either a
| ||||||
10 | doctor's office or a medical facility. A Type A injury | ||||||
11 | includes severe
bleeding wounds, distorted extremities, | ||||||
12 | and injuries that require the injured
party to be carried | ||||||
13 | from the scene.
| ||||||
14 | (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828, | ||||||
15 | eff. 1-1-01.)
| ||||||
16 | Section 95. No acceleration or delay. Where this Act makes | ||||||
17 | changes in a statute that is represented in this Act by text | ||||||
18 | that is not yet or no longer in effect (for example, a Section | ||||||
19 | represented by multiple versions), the use of that text does | ||||||
20 | not accelerate or delay the taking effect of (i) the changes | ||||||
21 | made by this Act or (ii) provisions derived from any other | ||||||
22 | Public Act.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|