Full Text of SB0577 95th General Assembly
SB0577eng 95TH GENERAL ASSEMBLY
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LRB095 04707 DRH 28347 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 2-118, 6-206, and 11-501.8 as follows:
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| (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
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| Sec. 2-118. Hearings.
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| (a) Upon the suspension, revocation or denial of
the | 9 |
| issuance of a license, permit, registration or certificate of | 10 |
| title
under this Code of any person the Secretary of State | 11 |
| shall immediately
notify such person in writing and upon his | 12 |
| written request shall, within 20
days after receipt thereof, | 13 |
| set a date for a hearing to commence within 90
calendar days | 14 |
| from the date of the written request for all requests related | 15 |
| to
a suspension, revocation, or the denial of the issuance of a | 16 |
| license, permit,
registration, or certificate of title | 17 |
| occurring after July 1, 2002, in the
County of
Sangamon, the | 18 |
| County of Jefferson, or the County of Cook, as such
person may | 19 |
| specify, unless both
parties agree that such hearing may be | 20 |
| held in some other county.
The Secretary may require the | 21 |
| payment of a fee of not more than $50 for the
filing of any | 22 |
| petition, motion, or request for hearing conducted pursuant to
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| this Section. These fees must be deposited into the Secretary |
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| of State DUI
Administration Fund, a special fund created in the | 2 |
| State treasury, and, subject
to appropriation and as directed | 3 |
| by the Secretary of State, shall be used for
operation of the | 4 |
| Department of Administrative Hearings of the Office of the
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| Secretary of
State
and for no other purpose. The
Secretary | 6 |
| shall establish by rule the amount and the procedures, terms, | 7 |
| and
conditions relating to these fees.
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| (b) At any time after the suspension, revocation or denial | 9 |
| of a license,
permit, registration or certificate of title of | 10 |
| any person as
hereinbefore referred to, the Secretary of State, | 11 |
| in his or her discretion
and
without the necessity of a request | 12 |
| by such person, may hold such a hearing,
upon not less than 10 | 13 |
| days' notice in writing, in the Counties of Sangamon,
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| Jefferson,
or Cook or in any other county agreed to by the | 15 |
| parties.
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| (c) Upon any such hearing, the Secretary of State, or his | 17 |
| authorized
agent may administer oaths and issue subpoenas for | 18 |
| the attendance of
witnesses and the production of relevant | 19 |
| books and records and may require
an examination of such | 20 |
| person. Upon any such hearing, the Secretary of
State shall | 21 |
| either rescind or, good cause appearing therefor, continue,
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| change or extend the Order of Revocation or Suspension, or upon | 23 |
| petition
therefore and subject to the provisions of this Code, | 24 |
| issue a restricted
driving permit or reinstate the license or | 25 |
| permit of such person.
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| (d) All hearings and hearing procedures shall comply with |
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| requirements
of the Constitution, so that no person is deprived | 2 |
| of due process of law
nor denied equal protection of the laws. | 3 |
| All hearings shall be held before
the Secretary of State or | 4 |
| before such persons as may be designated by the
Secretary of | 5 |
| State and appropriate records of such hearings shall be kept.
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| Where a transcript of the hearing is taken, the person | 7 |
| requesting the
hearing shall have the opportunity to order a | 8 |
| copy thereof at his own
expense.
The Secretary of State shall | 9 |
| enter an order upon any hearing conducted
under this Section, | 10 |
| related to a suspension, revocation, or the denial of
the | 11 |
| issuance of a license, permit, registration, or certificate of | 12 |
| title
occurring after July 1, 2002, within 90 days of its | 13 |
| conclusion and shall
immediately notify the person in writing | 14 |
| of his or her action.
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| (d-3) In regard to any hearing over which the Secretary of | 16 |
| State has jurisdiction because of a person's implied consent to | 17 |
| testing of the person's blood, breath, or urine for the | 18 |
| presence of alcohol, drugs, or intoxicating compounds, | 19 |
| petitions to contest the imposition of a suspension based on | 20 |
| the person's refusal to undergo the required testing, or on a | 21 |
| finding that the person's blood, breath, or urine contained | 22 |
| drugs, intoxicating compounds, or alcohol in an amount | 23 |
| exceeding the legal limit, must be filed within 90 days after | 24 |
| the effective date of the suspension (unless the petitioner is | 25 |
| able to show that the Notice of Suspension was not sent at | 26 |
| least 21 days before the termination date of the suspension, in |
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| which case the petition may be filed within 90 days after the | 2 |
| notice was issued). If a petitioner withdraws a petition, the | 3 |
| petition must be refiled within 90 days after the date of | 4 |
| withdrawal. A petition which is withdrawn more than twice shall | 5 |
| not be considered by the Secretary of State. | 6 |
| (d-5) Any hearing over which the Secretary of State has | 7 |
| jurisdiction because of a person's implied consent to testing | 8 |
| of the person's blood, breath, or urine for the presence of | 9 |
| alcohol, drugs, or intoxicating compounds may be conducted upon | 10 |
| a review of the official police reports. Either party, however, | 11 |
| may subpoena the arresting officer and any other law | 12 |
| enforcement officer who was involved in the petitioner's arrest | 13 |
| or processing after arrest, as well as any other person whose | 14 |
| testimony may be probative to the issues at the hearing. The | 15 |
| failure of a law enforcement officer to answer the subpoena | 16 |
| shall be considered grounds for a continuance if, in the | 17 |
| hearing officer's discretion, the continuance is appropriate. | 18 |
| The failure of the arresting officer to answer a subpoena shall | 19 |
| not, in and of itself, be considered grounds for the rescission | 20 |
| of an implied consent suspension. Rather, the hearing shall | 21 |
| proceed on the basis of the other evidence available, and the | 22 |
| hearing officer shall assign this evidence whatever probative | 23 |
| value is deemed appropriate. The decision to rescind shall be | 24 |
| based upon the totality of the evidence.
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| (e) The action of the
Secretary of State in suspending, | 26 |
| revoking or denying any license, permit,
registration, or |
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| certificate of title shall be subject to judicial review
in the
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| Circuit Court of Sangamon County, in the Circuit Court of | 3 |
| Jefferson County,
or in the Circuit Court of Cook County, and | 4 |
| the
provisions of the Administrative Review Law, and all | 5 |
| amendments and
modifications thereto, and the rules adopted | 6 |
| pursuant thereto, are hereby
adopted and shall apply to and | 7 |
| govern every action for the judicial review of
final acts or | 8 |
| decisions of the Secretary of State hereunder.
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| (Source: P.A. 91-823, eff. 1-1-01; 92-418, eff. 8-17-01.)
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| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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| Sec. 6-206. Discretionary authority to suspend or revoke | 12 |
| license or
permit; Right to a hearing.
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| (a) The Secretary of State is authorized to suspend or | 14 |
| revoke the
driving privileges of any person without preliminary | 15 |
| hearing upon a showing
of the person's records or other | 16 |
| sufficient evidence that
the person:
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| 1. Has committed an offense for which mandatory | 18 |
| revocation of
a driver's license or permit is required upon | 19 |
| conviction;
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| 2. Has been convicted of not less than 3 offenses | 21 |
| against traffic
regulations governing the movement of | 22 |
| vehicles committed within any 12
month period. No | 23 |
| revocation or suspension shall be entered more than
6 | 24 |
| months after the date of last conviction;
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| 3. Has been repeatedly involved as a driver in motor |
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| vehicle
collisions or has been repeatedly convicted of | 2 |
| offenses against laws and
ordinances regulating the | 3 |
| movement of traffic, to a degree that
indicates lack of | 4 |
| ability to exercise ordinary and reasonable care in
the | 5 |
| safe operation of a motor vehicle or disrespect for the | 6 |
| traffic laws
and the safety of other persons upon the | 7 |
| highway;
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| 4. Has by the unlawful operation of a motor vehicle | 9 |
| caused or
contributed to an accident resulting in death or | 10 |
| injury requiring
immediate professional treatment in a | 11 |
| medical facility or doctor's office
to any person, except | 12 |
| that any suspension or revocation imposed by the
Secretary | 13 |
| of State under the provisions of this subsection shall | 14 |
| start no
later than 6 months after being convicted of | 15 |
| violating a law or
ordinance regulating the movement of | 16 |
| traffic, which violation is related
to the accident, or | 17 |
| shall start not more than one year
after
the date of the | 18 |
| accident, whichever date occurs later;
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| 5. Has permitted an unlawful or fraudulent use of a | 20 |
| driver's
license, identification card, or permit;
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| 6. Has been lawfully convicted of an offense or | 22 |
| offenses in another
state, including the authorization | 23 |
| contained in Section 6-203.1, which
if committed within | 24 |
| this State would be grounds for suspension or revocation;
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| 7. Has refused or failed to submit to an examination | 26 |
| provided for by
Section 6-207 or has failed to pass the |
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| examination;
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| 8. Is ineligible for a driver's license or permit under | 3 |
| the provisions
of Section 6-103;
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| 9. Has made a false statement or knowingly concealed a | 5 |
| material fact
or has used false information or | 6 |
| identification in any application for a
license, | 7 |
| identification card, or permit;
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| 10. Has possessed, displayed, or attempted to | 9 |
| fraudulently use any
license, identification card, or | 10 |
| permit not issued to the person;
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| 11. Has operated a motor vehicle upon a highway of this | 12 |
| State when
the person's driving privilege or privilege to | 13 |
| obtain a driver's license
or permit was revoked or | 14 |
| suspended unless the operation was authorized by
a judicial | 15 |
| driving permit, probationary license to drive, or a | 16 |
| restricted
driving permit issued under this Code;
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| 12. Has submitted to any portion of the application | 18 |
| process for
another person or has obtained the services of | 19 |
| another person to submit to
any portion of the application | 20 |
| process for the purpose of obtaining a
license, | 21 |
| identification card, or permit for some other person;
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| 13. Has operated a motor vehicle upon a highway of this | 23 |
| State when
the person's driver's license or permit was | 24 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
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| 14. Has committed a violation of Section 6-301, | 26 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
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| of the Illinois Identification Card
Act;
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| 15. Has been convicted of violating Section 21-2 of the | 3 |
| Criminal Code
of 1961 relating to criminal trespass to | 4 |
| vehicles in which case, the suspension
shall be for one | 5 |
| year;
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| 16. Has been convicted of violating Section 11-204 of | 7 |
| this Code relating
to fleeing from a peace officer;
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| 17. Has refused to submit to a test, or tests, as | 9 |
| required under Section
11-501.1 of this Code and the person | 10 |
| has not sought a hearing as
provided for in Section | 11 |
| 11-501.1;
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| 18. Has, since issuance of a driver's license or | 13 |
| permit, been adjudged
to be afflicted with or suffering | 14 |
| from any mental disability or disease;
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| 19. Has committed a violation of paragraph (a) or (b) | 16 |
| of Section 6-101
relating to driving without a driver's | 17 |
| license;
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| 20. Has been convicted of violating Section 6-104 | 19 |
| relating to
classification of driver's license;
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| 21. Has been convicted of violating Section 11-402 of
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| this Code relating to leaving the scene of an accident | 22 |
| resulting in damage
to a vehicle in excess of $1,000, in | 23 |
| which case the suspension shall be
for one year;
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| 22. Has used a motor vehicle in violating paragraph | 25 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 26 |
| the Criminal Code of 1961 relating
to unlawful use of |
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| weapons, in which case the suspension shall be for one
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| year;
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| 23. Has, as a driver, been convicted of committing a | 4 |
| violation of
paragraph (a) of Section 11-502 of this Code | 5 |
| for a second or subsequent
time within one year of a | 6 |
| similar violation;
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| 24. Has been convicted by a court-martial or punished | 8 |
| by non-judicial
punishment by military authorities of the | 9 |
| United States at a military
installation in Illinois of or | 10 |
| for a traffic related offense that is the
same as or | 11 |
| similar to an offense specified under Section 6-205 or | 12 |
| 6-206 of
this Code;
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| 25. Has permitted any form of identification to be used | 14 |
| by another in
the application process in order to obtain or | 15 |
| attempt to obtain a license,
identification card, or | 16 |
| permit;
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| 26. Has altered or attempted to alter a license or has | 18 |
| possessed an
altered license, identification card, or | 19 |
| permit;
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| 27. Has violated Section 6-16 of the Liquor Control Act | 21 |
| of 1934;
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| 28. Has been convicted of the illegal possession, while | 23 |
| operating or
in actual physical control, as a driver, of a | 24 |
| motor vehicle, of any
controlled substance prohibited | 25 |
| under the Illinois Controlled Substances
Act, any cannabis | 26 |
| prohibited under the Cannabis Control
Act, or any |
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| methamphetamine prohibited under the Methamphetamine | 2 |
| Control and Community Protection Act, in which case the | 3 |
| person's driving privileges shall be suspended for
one | 4 |
| year, and any driver who is convicted of a second or | 5 |
| subsequent
offense, within 5 years of a previous | 6 |
| conviction, for the illegal
possession, while operating or | 7 |
| in actual physical control, as a driver, of
a motor | 8 |
| vehicle, of any controlled substance prohibited under the | 9 |
| Illinois Controlled Substances Act, any cannabis
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| prohibited under the Cannabis Control Act, or any | 11 |
| methamphetamine prohibited under the Methamphetamine | 12 |
| Control and Community Protection Act shall be suspended for | 13 |
| 5 years.
Any defendant found guilty of this offense while | 14 |
| operating a motor vehicle,
shall have an entry made in the | 15 |
| court record by the presiding judge that
this offense did | 16 |
| occur while the defendant was operating a motor vehicle
and | 17 |
| order the clerk of the court to report the violation to the | 18 |
| Secretary
of State;
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| 29. Has been convicted of the following offenses that | 20 |
| were committed
while the person was operating or in actual | 21 |
| physical control, as a driver,
of a motor vehicle: criminal | 22 |
| sexual assault,
predatory criminal sexual assault of a | 23 |
| child,
aggravated criminal sexual
assault, criminal sexual | 24 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 25 |
| soliciting for a juvenile prostitute and the manufacture, | 26 |
| sale or
delivery of controlled substances or instruments |
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| used for illegal drug use
or abuse in which case the | 2 |
| driver's driving privileges shall be suspended
for one | 3 |
| year;
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| 30. Has been convicted a second or subsequent time for | 5 |
| any
combination of the offenses named in paragraph 29 of | 6 |
| this subsection,
in which case the person's driving | 7 |
| privileges shall be suspended for 5
years;
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| 31. Has refused to submit to a test as
required by | 9 |
| Section 11-501.6 or has submitted to a test resulting in
an | 10 |
| alcohol concentration of 0.08 or more or any amount of a | 11 |
| drug, substance, or
compound resulting from the unlawful | 12 |
| use or consumption of cannabis as listed
in the Cannabis | 13 |
| Control Act, a controlled substance as listed in the | 14 |
| Illinois
Controlled Substances Act, or an intoxicating | 15 |
| compound as listed in the Use of
Intoxicating Compounds | 16 |
| Act, in which case the penalty shall be
as prescribed in | 17 |
| Section 6-208.1;
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| 32. Has been convicted of Section 24-1.2 of the | 19 |
| Criminal Code of
1961 relating to the aggravated discharge | 20 |
| of a firearm if the offender was
located in a motor vehicle | 21 |
| at the time the firearm was discharged, in which
case the | 22 |
| suspension shall be for 3 years;
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| 33. Has as a driver, who was less than 21 years of age | 24 |
| on the date of
the offense, been convicted a first time of | 25 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 26 |
| or a similar provision of a local ordinance;
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| 34. Has committed a violation of Section 11-1301.5 of | 2 |
| this Code;
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| 35. Has committed a violation of Section 11-1301.6 of | 4 |
| this Code;
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| 36. Is under the age of 21 years at the time of arrest | 6 |
| and has been
convicted of not less than 2 offenses against | 7 |
| traffic regulations governing
the movement of vehicles | 8 |
| committed within any 24 month period. No revocation
or | 9 |
| suspension shall be entered more than 6 months after the | 10 |
| date of last
conviction;
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| 37. Has committed a violation of subsection (c) of | 12 |
| Section 11-907 of this
Code;
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| 38. Has been convicted of a violation of Section 6-20 | 14 |
| of the Liquor
Control Act of 1934 or a similar provision of | 15 |
| a local ordinance;
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| 39. Has committed a second or subsequent violation of | 17 |
| Section
11-1201 of this Code;
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| 40. Has committed a violation of subsection (a-1) of | 19 |
| Section 11-908 of
this Code; | 20 |
| 41. Has committed a second or subsequent violation of | 21 |
| Section 11-605.1 of this Code within 2 years of the date of | 22 |
| the previous violation, in which case the suspension shall | 23 |
| be for 90 days; or | 24 |
| 42. Has committed a violation of subsection (a-1) of | 25 |
| Section 11-1301.3 of this Code ; or
.
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| 43. Has, in connection with or during the course of a |
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| formal hearing conducted under Section 2-118 of this Code: | 2 |
| (i) committed perjury; (ii) submitted fraudulent or | 3 |
| falsified documents; (iii) submitted documents that have | 4 |
| been materially altered; or (iv), submitted as his or her | 5 |
| own, documents that were in fact prepared or composed for | 6 |
| another person.
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| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 8 |
| and 27 of this
subsection, license means any driver's license, | 9 |
| any traffic ticket issued when
the person's driver's license is | 10 |
| deposited in lieu of bail, a suspension
notice issued by the | 11 |
| Secretary of State, a duplicate or corrected driver's
license, | 12 |
| a probationary driver's license or a temporary driver's | 13 |
| license.
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| (b) If any conviction forming the basis of a suspension or
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| revocation authorized under this Section is appealed, the
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| Secretary of State may rescind or withhold the entry of the | 17 |
| order of suspension
or revocation, as the case may be, provided | 18 |
| that a certified copy of a stay
order of a court is filed with | 19 |
| the Secretary of State. If the conviction is
affirmed on | 20 |
| appeal, the date of the conviction shall relate back to the | 21 |
| time
the original judgment of conviction was entered and the 6 | 22 |
| month limitation
prescribed shall not apply.
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| (c) 1. Upon suspending or revoking the driver's license or | 24 |
| permit of
any person as authorized in this Section, the | 25 |
| Secretary of State shall
immediately notify the person in | 26 |
| writing of the revocation or suspension.
The notice to be |
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| deposited in the United States mail, postage prepaid,
to | 2 |
| the last known address of the person.
| 3 |
| 2. If the Secretary of State suspends the driver's | 4 |
| license
of a person under subsection 2 of paragraph (a) of | 5 |
| this Section, a
person's privilege to operate a vehicle as | 6 |
| an occupation shall not be
suspended, provided an affidavit | 7 |
| is properly completed, the appropriate fee
received, and a | 8 |
| permit issued prior to the effective date of the
| 9 |
| suspension, unless 5 offenses were committed, at least 2 of | 10 |
| which occurred
while operating a commercial vehicle in | 11 |
| connection with the driver's
regular occupation. All other | 12 |
| driving privileges shall be suspended by the
Secretary of | 13 |
| State. Any driver prior to operating a vehicle for
| 14 |
| occupational purposes only must submit the affidavit on | 15 |
| forms to be
provided by the Secretary of State setting | 16 |
| forth the facts of the person's
occupation. The affidavit | 17 |
| shall also state the number of offenses
committed while | 18 |
| operating a vehicle in connection with the driver's regular
| 19 |
| occupation. The affidavit shall be accompanied by the | 20 |
| driver's license.
Upon receipt of a properly completed | 21 |
| affidavit, the Secretary of State
shall issue the driver a | 22 |
| permit to operate a vehicle in connection with the
driver's | 23 |
| regular occupation only. Unless the permit is issued by the
| 24 |
| Secretary of State prior to the date of suspension, the | 25 |
| privilege to drive
any motor vehicle shall be suspended as | 26 |
| set forth in the notice that was
mailed under this Section. |
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| If an affidavit is received subsequent to the
effective | 2 |
| date of this suspension, a permit may be issued for the | 3 |
| remainder
of the suspension period.
| 4 |
| The provisions of this subparagraph shall not apply to | 5 |
| any driver
required to possess a CDL for the purpose of | 6 |
| operating a commercial motor vehicle.
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| Any person who falsely states any fact in the affidavit | 8 |
| required
herein shall be guilty of perjury under Section | 9 |
| 6-302 and upon conviction
thereof shall have all driving | 10 |
| privileges revoked without further rights.
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| 3. At the conclusion of a hearing under Section 2-118 | 12 |
| of this Code,
the Secretary of State shall either rescind | 13 |
| or continue an order of
revocation or shall substitute an | 14 |
| order of suspension; or, good
cause appearing therefor, | 15 |
| rescind, continue, change, or extend the
order of | 16 |
| suspension. If the Secretary of State does not rescind the | 17 |
| order,
the Secretary may upon application,
to relieve undue | 18 |
| hardship, issue
a restricted driving permit granting the | 19 |
| privilege of driving a motor
vehicle between the | 20 |
| petitioner's residence and petitioner's place of
| 21 |
| employment or within the scope of his employment related | 22 |
| duties, or to
allow transportation for the petitioner, or a | 23 |
| household member of the
petitioner's family, to receive | 24 |
| necessary medical care and if the
professional evaluation | 25 |
| indicates, provide transportation for alcohol
remedial or | 26 |
| rehabilitative activity, or for the petitioner to attend
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| classes, as a student, in an accredited educational | 2 |
| institution; if the
petitioner is able to demonstrate that | 3 |
| no alternative means of
transportation is reasonably | 4 |
| available and the petitioner will not endanger
the public | 5 |
| safety or welfare.
| 6 |
| If a person's license or permit has been revoked or | 7 |
| suspended due to 2
or more convictions of violating Section | 8 |
| 11-501 of this Code or a similar
provision of a local | 9 |
| ordinance or a similar out-of-state offense, arising out
of | 10 |
| separate occurrences, that person, if issued a restricted | 11 |
| driving permit,
may not operate a vehicle unless it has | 12 |
| been equipped with an ignition
interlock device as defined | 13 |
| in Section 1-129.1.
| 14 |
| If a person's license or permit has been revoked or | 15 |
| suspended 2 or more
times within a 10 year period due to a | 16 |
| single conviction of violating Section
11-501 of this Code | 17 |
| or a similar provision of a local ordinance or a similar
| 18 |
| out-of-state offense, and a statutory summary suspension | 19 |
| under Section
11-501.1, or 2 or more statutory summary | 20 |
| suspensions, or combination of 2
offenses, or of an offense | 21 |
| and a statutory summary suspension, arising out of
separate | 22 |
| occurrences, that person, if issued a restricted driving | 23 |
| permit, may
not operate a vehicle unless it has been
| 24 |
| equipped with an ignition interlock device as defined in | 25 |
| Section 1-129.1.
The person must pay to the Secretary of | 26 |
| State DUI Administration Fund an amount
not to exceed $20 |
|
|
|
SB0577 Engrossed |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| per month. The Secretary shall establish by rule the amount
| 2 |
| and the procedures, terms, and conditions relating to these | 3 |
| fees. If the
restricted driving permit was issued for | 4 |
| employment purposes, then this
provision does not apply to | 5 |
| the operation of an occupational vehicle owned or
leased by | 6 |
| that person's employer. In each case the Secretary may | 7 |
| issue a
restricted driving permit for a period deemed | 8 |
| appropriate, except that all
permits shall expire within | 9 |
| one year from the date of issuance. The Secretary
may not, | 10 |
| however, issue a restricted driving permit to any person | 11 |
| whose current
revocation is the result of a second or | 12 |
| subsequent conviction for a violation
of Section 11-501 of | 13 |
| this Code or a similar provision of a local ordinance
| 14 |
| relating to the offense of operating or being in physical | 15 |
| control of a motor
vehicle while under the influence of | 16 |
| alcohol, other drug or drugs, intoxicating
compound or | 17 |
| compounds, or any similar out-of-state offense, or any | 18 |
| combination
of those offenses, until the expiration of at | 19 |
| least one year from the date of
the revocation. A
| 20 |
| restricted driving permit issued under this Section shall | 21 |
| be subject to
cancellation, revocation, and suspension by | 22 |
| the Secretary of State in like
manner and for like cause as | 23 |
| a driver's license issued under this Code may be
cancelled, | 24 |
| revoked, or suspended; except that a conviction upon one or | 25 |
| more
offenses against laws or ordinances regulating the | 26 |
| movement of traffic
shall be deemed sufficient cause for |
|
|
|
SB0577 Engrossed |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| the revocation, suspension, or
cancellation of a | 2 |
| restricted driving permit. The Secretary of State may, as
a | 3 |
| condition to the issuance of a restricted driving permit, | 4 |
| require the
applicant to participate in a designated driver | 5 |
| remedial or rehabilitative
program. The Secretary of State | 6 |
| is authorized to cancel a restricted
driving permit if the | 7 |
| permit holder does not successfully complete the program.
| 8 |
| (c-5) The Secretary of State may, as a condition of the | 9 |
| reissuance of a
driver's license or permit to an applicant | 10 |
| whose driver's license or permit has
been suspended before he | 11 |
| or she reached the age of 18 years pursuant to any of
the | 12 |
| provisions of this Section, require the applicant to | 13 |
| participate in a
driver remedial education course and be | 14 |
| retested under Section 6-109 of this
Code.
| 15 |
| (d) This Section is subject to the provisions of the | 16 |
| Drivers License
Compact.
| 17 |
| (e) The Secretary of State shall not issue a restricted | 18 |
| driving permit to
a person under the age of 16 years whose | 19 |
| driving privileges have been suspended
or revoked under any | 20 |
| provisions of this Code.
| 21 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 22 |
| State may not issue a restricted driving permit for the | 23 |
| operation of a commercial motor vehicle to a person holding a | 24 |
| CDL whose driving privileges have been suspended or revoked | 25 |
| under any provisions of this Code. | 26 |
| (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; |
|
|
|
SB0577 Engrossed |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | 2 |
| 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
| 3 |
| (625 ILCS 5/11-501.8)
| 4 |
| Sec. 11-501.8. Suspension of driver's license; persons | 5 |
| under age 21.
| 6 |
| (a) A person who is less than 21 years of age and who | 7 |
| drives or
is in actual physical control of a motor vehicle upon | 8 |
| the
public highways of this State shall be deemed to have given | 9 |
| consent to a
chemical test or tests of blood, breath, or urine | 10 |
| for the purpose of
determining the alcohol content of the | 11 |
| person's blood if arrested, as evidenced
by the issuance of a | 12 |
| Uniform Traffic Ticket for any violation of the Illinois
| 13 |
| Vehicle Code or a similar provision of a local ordinance, if a | 14 |
| police officer
has probable cause to believe that the driver | 15 |
| has consumed any amount of an
alcoholic beverage based upon | 16 |
| evidence of the driver's physical condition or
other first hand | 17 |
| knowledge of the police officer. The test or tests shall be
| 18 |
| administered at the direction of the arresting officer. The law | 19 |
| enforcement
agency employing the officer shall designate which | 20 |
| of the aforesaid tests shall
be administered. A urine test may | 21 |
| be administered even after a blood or
breath test or both has | 22 |
| been administered.
| 23 |
| (b) A person who is dead, unconscious, or who is otherwise | 24 |
| in a condition
rendering that person incapable of refusal, | 25 |
| shall be deemed not to have
withdrawn the consent provided by |
|
|
|
SB0577 Engrossed |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| paragraph (a) of this Section and the test or
tests may be | 2 |
| administered subject to the following provisions:
| 3 |
| (i) Chemical analysis of the person's blood, urine, | 4 |
| breath, or
other bodily substance, to be considered valid | 5 |
| under the provisions of this
Section, shall have been | 6 |
| performed according to standards promulgated by the | 7 |
| Department of State
Police
by an individual possessing a | 8 |
| valid permit issued by that Department for this
purpose. | 9 |
| The Director of State Police is authorized to approve | 10 |
| satisfactory
techniques or methods, to ascertain the | 11 |
| qualifications and competence of
individuals to conduct | 12 |
| analyses, to issue permits that shall be subject to
| 13 |
| termination or revocation at the direction of that | 14 |
| Department, and to certify
the accuracy of breath testing | 15 |
| equipment. The Department of
State Police shall prescribe | 16 |
| regulations as necessary.
| 17 |
| (ii) When a person submits to a blood test at the | 18 |
| request of a law
enforcement officer under the provisions | 19 |
| of this Section, only a physician
authorized to practice | 20 |
| medicine, a registered nurse, or other qualified person
| 21 |
| trained in venipuncture and acting under the direction of a | 22 |
| licensed physician
may withdraw blood for the purpose of | 23 |
| determining the alcohol content therein.
This limitation | 24 |
| does not apply to the taking of breath or urine specimens.
| 25 |
| (iii) The person tested may have a physician, qualified | 26 |
| technician,
chemist, registered nurse, or other qualified |
|
|
|
SB0577 Engrossed |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| person of his or her own choosing
administer a chemical | 2 |
| test or tests in addition to any test or tests
administered | 3 |
| at the direction of a law enforcement officer. The failure | 4 |
| or
inability to obtain an additional test by a person shall | 5 |
| not preclude the
consideration of the previously performed | 6 |
| chemical test.
| 7 |
| (iv) Upon a request of the person who submits to a | 8 |
| chemical test or
tests at the request of a law enforcement | 9 |
| officer, full information concerning
the test or tests | 10 |
| shall be made available to the person or that person's
| 11 |
| attorney.
| 12 |
| (v) Alcohol concentration means either grams of | 13 |
| alcohol per 100
milliliters of blood or grams of alcohol | 14 |
| per 210 liters of breath.
| 15 |
| (vi) If a driver is receiving medical treatment as a | 16 |
| result of a motor
vehicle accident, a physician licensed to | 17 |
| practice medicine, registered nurse,
or other qualified | 18 |
| person trained in venipuncture and
acting under the | 19 |
| direction of a licensed physician shall
withdraw blood for | 20 |
| testing purposes to ascertain the presence of alcohol upon
| 21 |
| the specific request of a law enforcement officer. However, | 22 |
| that testing
shall not be performed until, in the opinion | 23 |
| of the medical personnel on scene,
the withdrawal can be | 24 |
| made without interfering with or endangering the
| 25 |
| well-being of the patient.
| 26 |
| (c) A person requested to submit to a test as provided |
|
|
|
SB0577 Engrossed |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| above shall be warned
by the law enforcement officer requesting | 2 |
| the test that a refusal to submit to
the test, or submission to | 3 |
| the test resulting in an alcohol concentration of
more than | 4 |
| 0.00, may result in the loss of that person's privilege to | 5 |
| operate a
motor vehicle. The loss of driving privileges shall | 6 |
| be imposed in accordance
with Section 6-208.2 of this Code.
| 7 |
| (d) If the person refuses testing or submits to a test that | 8 |
| discloses an
alcohol concentration of more than 0.00, the law | 9 |
| enforcement officer shall
immediately submit a sworn report to | 10 |
| the Secretary of State on a form
prescribed by the Secretary of | 11 |
| State, certifying that the test or tests were
requested under | 12 |
| subsection (a) and the person refused to submit to a test
or | 13 |
| tests or submitted to testing which disclosed an alcohol | 14 |
| concentration of
more than 0.00. The law enforcement officer | 15 |
| shall submit the same sworn report
when a person under the age | 16 |
| of 21 submits to testing under Section
11-501.1 of this Code | 17 |
| and the testing discloses an alcohol concentration of
more than | 18 |
| 0.00 and less than 0.08.
| 19 |
| Upon receipt of the sworn report of a law enforcement | 20 |
| officer, the Secretary
of State shall enter the driver's | 21 |
| license sanction on the individual's driving
record and the | 22 |
| sanctions shall be effective on the 46th day following the date
| 23 |
| notice of the sanction was given to the person. If this | 24 |
| sanction is the
individual's first driver's license suspension | 25 |
| under this Section, reports
received by the Secretary of State | 26 |
| under this Section shall, except during the
time the suspension |
|
|
|
SB0577 Engrossed |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| is in effect, be privileged information and for use only by
the | 2 |
| courts, police officers, prosecuting authorities, the | 3 |
| Secretary of State,
or the individual personally.
| 4 |
| The law enforcement officer submitting the sworn report | 5 |
| shall serve immediate
notice of this driver's license sanction | 6 |
| on the person and the sanction shall
be effective on the 46th | 7 |
| day following the date notice was given.
| 8 |
| In cases where the blood alcohol concentration of more than | 9 |
| 0.00 is
established by a subsequent analysis of blood or urine, | 10 |
| the police officer or
arresting agency shall give notice as | 11 |
| provided in this Section or by deposit
in the United States | 12 |
| mail of that notice in an envelope with postage prepaid
and | 13 |
| addressed to that person at his last known address and the loss | 14 |
| of driving
privileges shall be effective on the 46th day | 15 |
| following the date notice was
given.
| 16 |
| Upon receipt of the sworn report of a law enforcement | 17 |
| officer, the Secretary
of State shall also give notice of the | 18 |
| driver's license sanction to the driver
by mailing a notice of | 19 |
| the effective date of the sanction to the individual.
However, | 20 |
| should the sworn report be defective by not containing | 21 |
| sufficient
information or be completed in error, the notice of | 22 |
| the driver's license
sanction may not be mailed to the person | 23 |
| or entered to the driving record,
but rather the sworn report | 24 |
| shall be returned to the issuing law enforcement
agency.
| 25 |
| (e) A driver may contest this driver's license sanction by | 26 |
| requesting an
administrative hearing with the Secretary of |
|
|
|
SB0577 Engrossed |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| State in accordance with Section
2-118 of this Code. An | 2 |
| individual whose blood alcohol concentration is shown
to be | 3 |
| more than 0.00 is not subject to this Section if he or she | 4 |
| consumed
alcohol in the performance of a religious service or | 5 |
| ceremony. An individual
whose blood alcohol concentration is | 6 |
| shown to be more than 0.00 shall not be
subject to this Section | 7 |
| if the individual's blood alcohol concentration
resulted only | 8 |
| from ingestion of the prescribed or recommended dosage of
| 9 |
| medicine that contained alcohol. The petition for that hearing | 10 |
| shall not stay
or delay the effective date of the impending | 11 |
| suspension. The scope of this
hearing shall be limited to the | 12 |
| issues of:
| 13 |
| (1) whether the police officer had probable cause to | 14 |
| believe that the
person was driving or in actual physical | 15 |
| control of a motor vehicle upon the
public highways of the | 16 |
| State and the police officer had reason to believe that
the | 17 |
| person was in violation of any provision of the Illinois | 18 |
| Vehicle Code or a
similar provision of a local ordinance; | 19 |
| and
| 20 |
| (2) whether the person was issued a Uniform Traffic | 21 |
| Ticket for any
violation of the Illinois Vehicle Code or a | 22 |
| similar provision of a local
ordinance; and
| 23 |
| (3) whether the police officer had probable cause to | 24 |
| believe that the
driver
had consumed any amount of an | 25 |
| alcoholic beverage based upon the driver's
physical | 26 |
| actions or other first-hand knowledge of the police |
|
|
|
SB0577 Engrossed |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| officer; and
| 2 |
| (4) whether the person, after being advised by the | 3 |
| officer that the
privilege to operate a motor vehicle would | 4 |
| be suspended if the person refused
to submit to and | 5 |
| complete the test or tests, did refuse to submit to or
| 6 |
| complete the test or tests to determine the person's | 7 |
| alcohol concentration;
and
| 8 |
| (5) whether the person, after being advised by the | 9 |
| officer that the
privileges to operate a motor vehicle | 10 |
| would be suspended if the person submits
to a chemical test | 11 |
| or tests and the test or tests disclose an alcohol
| 12 |
| concentration of more than 0.00, did submit to and
complete | 13 |
| the
test or tests that determined an alcohol concentration | 14 |
| of more than 0.00; and
| 15 |
| (6) whether the test result of an alcohol concentration | 16 |
| of more than 0.00
was based upon the person's consumption | 17 |
| of alcohol in the performance of a
religious service or | 18 |
| ceremony; and
| 19 |
| (7) whether the test result of an alcohol concentration | 20 |
| of more than 0.00
was based upon the person's consumption | 21 |
| of alcohol through ingestion of the
prescribed or | 22 |
| recommended dosage of medicine.
| 23 |
| Provided that the petitioner may subpoena the officer, the | 24 |
| hearing may be
conducted upon a review of the law enforcement | 25 |
| officer's own official reports.
Failure of the officer to | 26 |
| answer the subpoena shall be grounds for a
continuance if, in |
|
|
|
SB0577 Engrossed |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| the hearing officer's discretion, the continuance is
| 2 |
| appropriate. At the conclusion of the hearing held under | 3 |
| Section 2-118 of
this Code, the Secretary of State may rescind, | 4 |
| continue, or modify the driver's
license sanction. If the | 5 |
| Secretary of State does not rescind the sanction, a
restricted | 6 |
| driving permit may be granted by the Secretary of State upon
| 7 |
| application being made and good cause shown. A restricted | 8 |
| driving permit may be
granted to relieve undue hardship by | 9 |
| allowing driving for employment,
educational, and medical | 10 |
| purposes as outlined in item (3) of part (c) of
Section 6-206 | 11 |
| of this Code. The provisions of item (3) of part (c) of Section
| 12 |
| 6-206 of this Code and of subsection (f) of that Section shall | 13 |
| apply. The Secretary of State shall promulgate rules
providing | 14 |
| for participation in an alcohol education and awareness program | 15 |
| or
activity, a drug education and awareness program or | 16 |
| activity, or both as a
condition to the issuance of a | 17 |
| restricted driving permit for suspensions
imposed under this | 18 |
| Section.
| 19 |
| (f) The results of any chemical testing performed in | 20 |
| accordance with
subsection (a) of this Section are not | 21 |
| admissible in any civil or criminal
proceeding, except that the | 22 |
| results of the testing may be considered at a
hearing held | 23 |
| under Section 2-118 of this Code. However, the results of
the | 24 |
| testing may not be used to impose driver's license sanctions | 25 |
| under
Section 11-501.1 of this Code. A law enforcement officer | 26 |
| may, however, pursue
a statutory summary suspension of driving |
|
|
|
SB0577 Engrossed |
- 27 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| privileges under Section 11-501.1 of
this Code if other | 2 |
| physical evidence or first hand knowledge forms the basis
of | 3 |
| that suspension.
| 4 |
| (g) This Section applies only to drivers who are under
age | 5 |
| 21 at the time of the issuance of a Uniform Traffic Ticket for | 6 |
| a
violation of the Illinois Vehicle Code or a similar provision | 7 |
| of a local
ordinance, and a chemical test request is made under | 8 |
| this Section.
| 9 |
| (h) The action of the Secretary of State in suspending, | 10 |
| revoking, or
denying any license, permit, registration, or | 11 |
| certificate of title shall be
subject to judicial review in the | 12 |
| Circuit Court of Sangamon County or in the
Circuit Court of | 13 |
| Cook County, and the provisions of the Administrative Review
| 14 |
| Law and its rules are hereby adopted and shall apply to and | 15 |
| govern every action
for the judicial review of final acts or | 16 |
| decisions of the Secretary of State
under this Section.
| 17 |
| (Source: P.A. 94-307, eff. 9-30-05.)
|
|