SB0627ham001 99TH GENERAL ASSEMBLY

Rep. John D'Amico

Filed: 5/13/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 627

2    AMENDMENT NO. ______. Amend Senate Bill 627 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-106.1a, 6-205, 6-206, 6-206.1, 6-208.1,
66-517, 11-501.1, 11-501.6, and 11-501.8 as follows:
 
7    (625 ILCS 5/6-106.1a)
8    Sec. 6-106.1a. Cancellation of school bus driver permit;
9trace of alcohol.
10    (a) A person who has been issued a school bus driver permit
11by the Secretary of State in accordance with Section 6-106.1 of
12this Code and who drives or is in actual physical control of a
13school bus or any other vehicle owned or operated by or for a
14public or private school, or a school operated by a religious
15institution, when the vehicle is being used over a regularly
16scheduled route for the transportation of persons enrolled as

 

 

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1students in grade 12 or below, in connection with any activity
2of the entities listed, upon the public highways of this State
3shall be deemed to have given consent to a chemical test or
4tests of blood, breath, or urine for the purpose of determining
5the alcohol content of the person's blood if arrested, as
6evidenced by the issuance of a Uniform Traffic Ticket for any
7violation of this Code or a similar provision of a local
8ordinance, if a police officer has probable cause to believe
9that the driver has consumed any amount of an alcoholic
10beverage based upon evidence of the driver's physical condition
11or other first hand knowledge of the police officer. The test
12or tests shall be administered at the direction of the
13arresting officer. The law enforcement agency employing the
14officer shall designate which of the aforesaid tests shall be
15administered. A urine test may be administered even after a
16blood or breath test or both has been administered.
17    (b) A person who is dead, unconscious, or who is otherwise
18in a condition rendering that person incapable of refusal,
19shall be deemed not to have withdrawn the consent provided by
20paragraph (a) of this Section and the test or tests may be
21administered subject to the following provisions:
22        (1) Chemical analysis of the person's blood, urine,
23    breath, or other substance, to be considered valid under
24    the provisions of this Section, shall have been performed
25    according to standards promulgated by the Department of
26    State Police by an individual possessing a valid permit

 

 

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1    issued by the Department of State Police for this purpose.
2    The Director of State Police is authorized to approve
3    satisfactory techniques or methods, to ascertain the
4    qualifications and competence of individuals to conduct
5    analyses, to issue permits that shall be subject to
6    termination or revocation at the direction of the
7    Department of State Police, and to certify the accuracy of
8    breath testing equipment. The Department of State Police
9    shall prescribe rules as necessary.
10        (2) When a person submits to a blood test at the
11    request of a law enforcement officer under the provisions
12    of this Section, only a physician authorized to practice
13    medicine, a licensed physician assistant, a licensed
14    advanced practice nurse, a registered nurse, or other
15    qualified person trained in venipuncture and acting under
16    the direction of a licensed physician may withdraw blood
17    for the purpose of determining the alcohol content. This
18    limitation does not apply to the taking of breath or urine
19    specimens.
20        (3) The person tested may have a physician, qualified
21    technician, chemist, registered nurse, or other qualified
22    person of his or her own choosing administer a chemical
23    test or tests in addition to any test or tests administered
24    at the direction of a law enforcement officer. The test
25    administered at the request of the person may be admissible
26    into evidence at a hearing conducted in accordance with

 

 

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1    Section 2-118 of this Code. The failure or inability to
2    obtain an additional test by a person shall not preclude
3    the consideration of the previously performed chemical
4    test.
5        (4) Upon a request of the person who submits to a
6    chemical test or tests at the request of a law enforcement
7    officer, full information concerning the test or tests
8    shall be made available to the person or that person's
9    attorney by the requesting law enforcement agency within 72
10    hours of receipt of the test result.
11        (5) Alcohol concentration means either grams of
12    alcohol per 100 milliliters of blood or grams of alcohol
13    per 210 liters of breath.
14        (6) If a driver is receiving medical treatment as a
15    result of a motor vehicle accident, a physician licensed to
16    practice medicine, licensed physician assistant, licensed
17    advanced practice nurse, registered nurse, or other
18    qualified person trained in venipuncture and acting under
19    the direction of a licensed physician shall withdraw blood
20    for testing purposes to ascertain the presence of alcohol
21    upon the specific request of a law enforcement officer.
22    However, that testing shall not be performed until, in the
23    opinion of the medical personnel on scene, the withdrawal
24    can be 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 in

 

 

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1this Section shall be warned by the law enforcement officer
2requesting the test that a refusal to submit to the test, or
3submission to the test resulting in an alcohol concentration of
4more than 0.00, may result in the loss of that person's
5privilege to possess a school bus driver permit. The loss of
6the individual's privilege to possess a school bus driver
7permit shall be imposed in accordance with Section 6-106.1b of
8this Code. A person requested to submit to a test under this
9Section shall also acknowledge, in writing, receipt of the
10warning required under this subsection (c). If the person
11refuses to acknowledge receipt of the warning, the law
12enforcement officer shall make a written notation on the
13warning that the person refused to sign the warning. A person's
14refusal to sign the warning shall not be evidence that the
15person was not read the warning.
16    (d) If the person refuses testing or submits to a test that
17discloses an alcohol concentration of more than 0.00, the law
18enforcement officer shall immediately submit a sworn report to
19the Secretary of State on a form prescribed by the Secretary of
20State certifying that the test or tests were requested under
21subsection (a) and the person refused to submit to a test or
22tests or submitted to testing which disclosed an alcohol
23concentration of more than 0.00. The law enforcement officer
24shall submit the same sworn report when a person who has been
25issued a school bus driver permit and who was operating a
26school bus or any other vehicle owned or operated by or for a

 

 

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1public or private school, or a school operated by a religious
2institution, when the vehicle is being used over a regularly
3scheduled route for the transportation of persons enrolled as
4students in grade 12 or below, in connection with any activity
5of the entities listed, submits to testing under Section
611-501.1 of this Code and the testing discloses an alcohol
7concentration of more than 0.00 and less than the alcohol
8concentration at which driving or being in actual physical
9control of a motor vehicle is prohibited under paragraph (1) of
10subsection (a) of Section 11-501.
11    Upon receipt of the sworn report of a law enforcement
12officer, the Secretary of State shall enter the school bus
13driver permit sanction on the individual's driving record and
14the sanction shall be effective on the 46th day following the
15date notice of the sanction was given to the person.
16    The law enforcement officer submitting the sworn report
17shall serve immediate notice of this school bus driver permit
18sanction on the person and the sanction shall be effective on
19the 46th day following the date notice was given.
20    In cases where the blood alcohol concentration of more than
210.00 is established by a subsequent analysis of blood or urine,
22the police officer or arresting agency shall give notice as
23provided in this Section or by deposit in the United States
24mail of that notice in an envelope with postage prepaid and
25addressed to that person at his or her last known address and
26the loss of the school bus driver permit shall be effective on

 

 

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1the 46th day following the date notice was given.
2    Upon receipt of the sworn report of a law enforcement
3officer, the Secretary of State shall also give notice of the
4school bus driver permit sanction to the driver and the
5driver's current employer by mailing a notice of the effective
6date of the sanction to the individual. However, shall the
7sworn report be defective by not containing sufficient
8information or be completed in error, the notice of the school
9bus driver permit sanction may not be mailed to the person or
10his current employer or entered to the driving record, but
11rather the sworn report shall be returned to the issuing law
12enforcement agency.
13    (e) A driver may contest this school bus driver permit
14sanction by requesting an administrative hearing with the
15Secretary of State in accordance with Section 2-118 of this
16Code. An individual whose blood alcohol concentration is shown
17to be more than 0.00 is not subject to this Section if he or she
18consumed alcohol in the performance of a religious service or
19ceremony. An individual whose blood alcohol concentration is
20shown to be more than 0.00 shall not be subject to this Section
21if the individual's blood alcohol concentration resulted only
22from ingestion of the prescribed or recommended dosage of
23medicine that contained alcohol. The petition for that hearing
24shall not stay or delay the effective date of the impending
25suspension. The scope of this hearing shall be limited to the
26issues of:

 

 

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1        (1) whether the police officer had probable cause to
2    believe that the person was driving or in actual physical
3    control of a school bus or any other vehicle owned or
4    operated by or for a public or private school, or a school
5    operated by a religious institution, when the vehicle is
6    being used over a regularly scheduled route for the
7    transportation of persons enrolled as students in grade 12
8    or below, in connection with any activity of the entities
9    listed, upon the public highways of the State and the
10    police officer had reason to believe that the person was in
11    violation of any provision of this Code or a similar
12    provision of a local ordinance; and
13        (2) whether the person was issued a Uniform Traffic
14    Ticket for any violation of this Code or a similar
15    provision of a local ordinance; and
16        (3) whether the police officer had probable cause to
17    believe that the driver had consumed any amount of an
18    alcoholic beverage based upon the driver's physical
19    actions or other first-hand knowledge of the police
20    officer; and
21        (4) whether the person, after being advised by the
22    officer that the privilege to possess a school bus driver
23    permit would be canceled if the person refused to submit to
24    and complete the test or tests, did refuse to submit to or
25    complete the test or tests to determine the person's
26    alcohol concentration; and

 

 

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1        (5) whether the person, after being advised by the
2    officer that the privileges to possess a school bus driver
3    permit would be canceled if the person submits to a
4    chemical test or tests and the test or tests disclose an
5    alcohol concentration of more than 0.00 and the person did
6    submit to and complete the test or tests that determined an
7    alcohol concentration of more than 0.00; and
8        (6) whether the test result of an alcohol concentration
9    of more than 0.00 was based upon the person's consumption
10    of alcohol in the performance of a religious service or
11    ceremony; and
12        (7) whether the test result of an alcohol concentration
13    of more than 0.00 was based upon the person's consumption
14    of alcohol through ingestion of the prescribed or
15    recommended dosage of medicine.
16    The Secretary of State may adopt administrative rules
17setting forth circumstances under which the holder of a school
18bus driver permit is not required to appear in person at the
19hearing.
20    Provided that the petitioner may subpoena the officer, the
21hearing may be conducted upon a review of the law enforcement
22officer's own official reports. Failure of the officer to
23answer the subpoena shall be grounds for a continuance if, in
24the hearing officer's discretion, the continuance is
25appropriate. At the conclusion of the hearing held under
26Section 2-118 of this Code, the Secretary of State may rescind,

 

 

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1continue, or modify the school bus driver permit sanction.
2    (f) The results of any chemical testing performed in
3accordance with subsection (a) of this Section are not
4admissible in any civil or criminal proceeding, except that the
5results of the testing may be considered at a hearing held
6under Section 2-118 of this Code. However, the results of the
7testing may not be used to impose driver's license sanctions
8under Section 11-501.1 of this Code. A law enforcement officer
9may, however, pursue a statutory summary suspension or
10revocation of driving privileges under Section 11-501.1 of this
11Code if other physical evidence or first hand knowledge forms
12the basis of that suspension or revocation.
13    (g) This Section applies only to drivers who have been
14issued a school bus driver permit in accordance with Section
156-106.1 of this Code at the time of the issuance of the Uniform
16Traffic Ticket for a violation of this Code or a similar
17provision of a local ordinance, and a chemical test request is
18made under this Section.
19    (h) The action of the Secretary of State in suspending,
20revoking, canceling, or denying any license, permit,
21registration, or certificate of title shall be subject to
22judicial review in the Circuit Court of Sangamon County or in
23the Circuit Court of Cook County, and the provisions of the
24Administrative Review Law and its rules are hereby adopted and
25shall apply to and govern every action for the judicial review
26of final acts or decisions of the Secretary of State under this

 

 

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1Section.
2(Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11.)
 
3    (625 ILCS 5/6-205)
4    Sec. 6-205. Mandatory revocation of license or permit;
5Hardship cases.
6    (a) Except as provided in this Section, the Secretary of
7State shall immediately revoke the license, permit, or driving
8privileges of any driver upon receiving a report of the
9driver's conviction of any of the following offenses:
10        1. Reckless homicide resulting from the operation of a
11    motor vehicle;
12        2. Violation of Section 11-501 of this Code or a
13    similar provision of a local ordinance relating to the
14    offense of operating or being in physical control of a
15    vehicle while under the influence of alcohol, other drug or
16    drugs, intoxicating compound or compounds, or any
17    combination thereof;
18        3. Any felony under the laws of any State or the
19    federal government in the commission of which a motor
20    vehicle was used;
21        4. Violation of Section 11-401 of this Code relating to
22    the offense of leaving the scene of a traffic accident
23    involving death or personal injury;
24        5. Perjury or the making of a false affidavit or
25    statement under oath to the Secretary of State under this

 

 

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1    Code or under any other law relating to the ownership or
2    operation of motor vehicles;
3        6. Conviction upon 3 charges of violation of Section
4    11-503 of this Code relating to the offense of reckless
5    driving committed within a period of 12 months;
6        7. Conviction of any offense defined in Section 4-102
7    of this Code;
8        8. Violation of Section 11-504 of this Code relating to
9    the offense of drag racing;
10        9. Violation of Chapters 8 and 9 of this Code;
11        10. Violation of Section 12-5 of the Criminal Code of
12    1961 or the Criminal Code of 2012 arising from the use of a
13    motor vehicle;
14        11. Violation of Section 11-204.1 of this Code relating
15    to aggravated fleeing or attempting to elude a peace
16    officer;
17        12. Violation of paragraph (1) of subsection (b) of
18    Section 6-507, or a similar law of any other state,
19    relating to the unlawful operation of a commercial motor
20    vehicle;
21        13. Violation of paragraph (a) of Section 11-502 of
22    this Code or a similar provision of a local ordinance if
23    the driver has been previously convicted of a violation of
24    that Section or a similar provision of a local ordinance
25    and the driver was less than 21 years of age at the time of
26    the offense;

 

 

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1        14. Violation of paragraph (a) of Section 11-506 of
2    this Code or a similar provision of a local ordinance
3    relating to the offense of street racing;
4        15. A second or subsequent conviction of driving while
5    the person's driver's license, permit or privileges was
6    revoked for reckless homicide or a similar out-of-state
7    offense;
8        16. Any offense against any provision in this Code, or
9    any local ordinance, regulating the movement of traffic
10    when that offense was the proximate cause of the death of
11    any person. Any person whose driving privileges have been
12    revoked pursuant to this paragraph may seek to have the
13    revocation terminated or to have the length of revocation
14    reduced by requesting an administrative hearing with the
15    Secretary of State prior to the projected driver's license
16    application eligibility date;
17        17. Violation of subsection (a-2) of Section 11-1301.3
18    of this Code or a similar provision of a local ordinance;
19        18. A second or subsequent conviction of illegal
20    possession, while operating or in actual physical control,
21    as a driver, of a motor vehicle, of any controlled
22    substance prohibited under the Illinois Controlled
23    Substances Act, any cannabis prohibited under the Cannabis
24    Control Act, or any methamphetamine prohibited under the
25    Methamphetamine Control and Community Protection Act. A
26    defendant found guilty of this offense while operating a

 

 

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1    motor vehicle shall have an entry made in the court record
2    by the presiding judge that this offense did occur while
3    the defendant was operating a motor vehicle and order the
4    clerk of the court to report the violation to the Secretary
5    of State.
6    (b) The Secretary of State shall also immediately revoke
7the license or permit of any driver in the following
8situations:
9        1. Of any minor upon receiving the notice provided for
10    in Section 5-901 of the Juvenile Court Act of 1987 that the
11    minor has been adjudicated under that Act as having
12    committed an offense relating to motor vehicles prescribed
13    in Section 4-103 of this Code;
14        2. Of any person when any other law of this State
15    requires either the revocation or suspension of a license
16    or permit;
17        3. Of any person adjudicated under the Juvenile Court
18    Act of 1987 based on an offense determined to have been
19    committed in furtherance of the criminal activities of an
20    organized gang as provided in Section 5-710 of that Act,
21    and that involved the operation or use of a motor vehicle
22    or the use of a driver's license or permit. The revocation
23    shall remain in effect for the period determined by the
24    court. Upon the direction of the court, the Secretary shall
25    issue the person a judicial driving permit, also known as a
26    JDP. The JDP shall be subject to the same terms as a JDP

 

 

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1    issued under Section 6-206.1, except that the court may
2    direct that a JDP issued under this subdivision (b)(3) be
3    effective immediately.
4    (c)(1) Whenever a person is convicted of any of the
5offenses enumerated in this Section, the court may recommend
6and the Secretary of State in his discretion, without regard to
7whether the recommendation is made by the court may, upon
8application, issue to the person a restricted driving permit
9granting the privilege of driving a motor vehicle between the
10petitioner's residence and petitioner's place of employment or
11within the scope of the petitioner's employment related duties,
12or to allow the petitioner to transport himself or herself or a
13family member of the petitioner's household to a medical
14facility for the receipt of necessary medical care or to allow
15the petitioner to transport himself or herself to and from
16alcohol or drug remedial or rehabilitative activity
17recommended by a licensed service provider, or to allow the
18petitioner to transport himself or herself or a family member
19of the petitioner's household to classes, as a student, at an
20accredited educational institution, or to allow the petitioner
21to transport children, elderly persons, or disabled persons who
22do not hold driving privileges and are living in the
23petitioner's household to and from daycare; if the petitioner
24is able to demonstrate that no alternative means of
25transportation is reasonably available and that the petitioner
26will not endanger the public safety or welfare; provided that

 

 

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1the Secretary's discretion shall be limited to cases where
2undue hardship, as defined by the rules of the Secretary of
3State, would result from a failure to issue the restricted
4driving permit. Those multiple offenders identified in
5subdivision (b)4 of Section 6-208 of this Code, however, shall
6not be eligible for the issuance of a restricted driving
7permit.
8        (2) If a person's license or permit is revoked or
9    suspended due to 2 or more convictions of violating Section
10    11-501 of this Code or a similar provision of a local
11    ordinance or a similar out-of-state offense, or Section 9-3
12    of the Criminal Code of 1961 or the Criminal Code of 2012,
13    where the use of alcohol or other drugs is recited as an
14    element of the offense, or a similar out-of-state offense,
15    or a combination of these offenses, arising out of separate
16    occurrences, that person, if issued a restricted driving
17    permit, may not operate a vehicle unless it has been
18    equipped with an ignition interlock device as defined in
19    Section 1-129.1.
20        (3) If:
21            (A) a person's license or permit is revoked or
22        suspended 2 or more times within a 10 year period due
23        to any combination of:
24                (i) a single conviction of violating Section
25            11-501 of this Code or a similar provision of a
26            local ordinance or a similar out-of-state offense,

 

 

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1            or Section 9-3 of the Criminal Code of 1961 or the
2            Criminal Code of 2012, where the use of alcohol or
3            other drugs is recited as an element of the
4            offense, or a similar out-of-state offense; or
5                (ii) a statutory summary suspension or
6            revocation under Section 11-501.1; or
7                (iii) a suspension pursuant to Section
8            6-203.1;
9        arising out of separate occurrences; or
10            (B) a person has been convicted of one violation of
11        subparagraph (C) or (F) of paragraph (1) of subsection
12        (d) of Section 11-501 Section 6-303 of this Code,
13        committed while his or her driver's license, permit, or
14        privilege was revoked because of a violation of Section
15        9-3 of the Criminal Code of 1961 or the Criminal Code
16        of 2012, relating to the offense of reckless homicide
17        where the use of alcohol or other drugs was recited as
18        an element of the offense, or a similar provision of a
19        law of another state;
20    that person, if issued a restricted driving permit, may not
21    operate a vehicle unless it has been equipped with an
22    ignition interlock device as defined in Section 1-129.1.
23        (4) The person issued a permit conditioned on the use
24    of an ignition interlock device must pay to the Secretary
25    of State DUI Administration Fund an amount not to exceed
26    $30 per month. The Secretary shall establish by rule the

 

 

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1    amount and the procedures, terms, and conditions relating
2    to these fees.
3        (5) If the restricted driving permit is issued for
4    employment purposes, then the prohibition against
5    operating a motor vehicle that is not equipped with an
6    ignition interlock device does not apply to the operation
7    of an occupational vehicle owned or leased by that person's
8    employer when used solely for employment purposes.
9        (6) In each case the Secretary of State may issue a
10    restricted driving permit for a period he deems
11    appropriate, except that the permit shall expire within one
12    year from the date of issuance. The Secretary may not,
13    however, issue a restricted driving permit to any person
14    whose current revocation is the result of a second or
15    subsequent conviction for a violation of Section 11-501 of
16    this Code or a similar provision of a local ordinance or
17    any similar out-of-state offense, or Section 9-3 of the
18    Criminal Code of 1961 or the Criminal Code of 2012, where
19    the use of alcohol or other drugs is recited as an element
20    of the offense, or any similar out-of-state offense, or any
21    combination of these offenses, until the expiration of at
22    least one year from the date of the revocation. A
23    restricted driving permit issued under this Section shall
24    be subject to cancellation, revocation, and suspension by
25    the Secretary of State in like manner and for like cause as
26    a driver's license issued under this Code may be cancelled,

 

 

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1    revoked, or suspended; except that a conviction upon one or
2    more offenses against laws or ordinances regulating the
3    movement of traffic shall be deemed sufficient cause for
4    the revocation, suspension, or cancellation of a
5    restricted driving permit. The Secretary of State may, as a
6    condition to the issuance of a restricted driving permit,
7    require the petitioner to participate in a designated
8    driver remedial or rehabilitative program. The Secretary
9    of State is authorized to cancel a restricted driving
10    permit if the permit holder does not successfully complete
11    the program. However, if an individual's driving
12    privileges have been revoked in accordance with paragraph
13    13 of subsection (a) of this Section, no restricted driving
14    permit shall be issued until the individual has served 6
15    months of the revocation period.
16    (c-5) (Blank).
17    (c-6) If a person is convicted of a second violation of
18operating a motor vehicle while the person's driver's license,
19permit or privilege was revoked, where the revocation was for a
20violation of Section 9-3 of the Criminal Code of 1961 or the
21Criminal Code of 2012 relating to the offense of reckless
22homicide or a similar out-of-state offense, the person's
23driving privileges shall be revoked pursuant to subdivision
24(a)(15) of this Section. The person may not make application
25for a license or permit until the expiration of five years from
26the effective date of the revocation or the expiration of five

 

 

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1years from the date of release from a term of imprisonment,
2whichever is later.
3    (c-7) If a person is convicted of a third or subsequent
4violation of operating a motor vehicle while the person's
5driver's license, permit or privilege was revoked, where the
6revocation was for a violation of Section 9-3 of the Criminal
7Code of 1961 or the Criminal Code of 2012 relating to the
8offense of reckless homicide or a similar out-of-state offense,
9the person may never apply for a license or permit.
10    (d)(1) Whenever a person under the age of 21 is convicted
11under Section 11-501 of this Code or a similar provision of a
12local ordinance or a similar out-of-state offense, the
13Secretary of State shall revoke the driving privileges of that
14person. One year after the date of revocation, and upon
15application, the Secretary of State may, if satisfied that the
16person applying will not endanger the public safety or welfare,
17issue a restricted driving permit granting the privilege of
18driving a motor vehicle only between the hours of 5 a.m. and 9
19p.m. or as otherwise provided by this Section for a period of
20one year. After this one year period, and upon reapplication
21for a license as provided in Section 6-106, upon payment of the
22appropriate reinstatement fee provided under paragraph (b) of
23Section 6-118, the Secretary of State, in his discretion, may
24reinstate the petitioner's driver's license and driving
25privileges, or extend the restricted driving permit as many
26times as the Secretary of State deems appropriate, by

 

 

09900SB0627ham001- 21 -LRB099 03342 RJF 34678 a

1additional periods of not more than 12 months each.
2        (2) If a person's license or permit is revoked or
3    suspended due to 2 or more convictions of violating Section
4    11-501 of this Code or a similar provision of a local
5    ordinance or a similar out-of-state offense, or Section 9-3
6    of the Criminal Code of 1961 or the Criminal Code of 2012,
7    where the use of alcohol or other drugs is recited as an
8    element of the offense, or a similar out-of-state offense,
9    or a combination of these offenses, arising out of separate
10    occurrences, that person, if issued a restricted driving
11    permit, may not operate a vehicle unless it has been
12    equipped with an ignition interlock device as defined in
13    Section 1-129.1.
14        (3) If a person's license or permit is revoked or
15    suspended 2 or more times within a 10 year period due to
16    any combination of:
17            (A) a single conviction of violating Section
18        11-501 of this Code or a similar provision of a local
19        ordinance or a similar out-of-state offense, or
20        Section 9-3 of the Criminal Code of 1961 or the
21        Criminal Code of 2012, where the use of alcohol or
22        other drugs is recited as an element of the offense, or
23        a similar out-of-state offense; or
24            (B) a statutory summary suspension or revocation
25        under Section 11-501.1; or
26            (C) a suspension pursuant to Section 6-203.1;

 

 

09900SB0627ham001- 22 -LRB099 03342 RJF 34678 a

1    arising out of separate occurrences, that person, if issued
2    a restricted driving permit, may not operate a vehicle
3    unless it has been equipped with an ignition interlock
4    device as defined in Section 1-129.1.
5        (3.5) If a person's license or permit is revoked or
6    suspended due to a conviction for a violation of
7    subparagraph (C) or (F) of paragraph (1) of subsection (d)
8    of Section 11-501 of this Code, or a similar provision of a
9    local ordinance or similar out-of-state offense, that
10    person, if issued a restricted driving permit, may not
11    operate a vehicle unless it has been equipped with an
12    ignition interlock device as defined in Section 1-129.1.
13        (4) The person issued a permit conditioned upon the use
14    of an interlock device must pay to the Secretary of State
15    DUI Administration Fund an amount not to exceed $30 per
16    month. The Secretary shall establish by rule the amount and
17    the procedures, terms, and conditions relating to these
18    fees.
19        (5) If the restricted driving permit is issued for
20    employment purposes, then the prohibition against driving
21    a vehicle that is not equipped with an ignition interlock
22    device does not apply to the operation of an occupational
23    vehicle owned or leased by that person's employer when used
24    solely for employment purposes.
25        (6) A restricted driving permit issued under this
26    Section shall be subject to cancellation, revocation, and

 

 

09900SB0627ham001- 23 -LRB099 03342 RJF 34678 a

1    suspension by the Secretary of State in like manner and for
2    like cause as a driver's license issued under this Code may
3    be cancelled, revoked, or suspended; except that a
4    conviction upon one or more offenses against laws or
5    ordinances regulating the movement of traffic shall be
6    deemed sufficient cause for the revocation, suspension, or
7    cancellation of a restricted driving permit.
8    (d-5) The revocation of the license, permit, or driving
9privileges of a person convicted of a third or subsequent
10violation of Section 6-303 of this Code committed while his or
11her driver's license, permit, or privilege was revoked because
12of a violation of Section 9-3 of the Criminal Code of 1961 or
13the Criminal Code of 2012, relating to the offense of reckless
14homicide, or a similar provision of a law of another state, is
15permanent. The Secretary may not, at any time, issue a license
16or permit to that person.
17    (e) This Section is subject to the provisions of the Driver
18License Compact.
19    (f) Any revocation imposed upon any person under
20subsections 2 and 3 of paragraph (b) that is in effect on
21December 31, 1988 shall be converted to a suspension for a like
22period of time.
23    (g) The Secretary of State shall not issue a restricted
24driving permit to a person under the age of 16 years whose
25driving privileges have been revoked under any provisions of
26this Code.

 

 

09900SB0627ham001- 24 -LRB099 03342 RJF 34678 a

1    (h) The Secretary of State shall require the use of
2ignition interlock devices on all vehicles owned by a person
3who has been convicted of a second or subsequent offense under
4Section 11-501 of this Code or a similar provision of a local
5ordinance. The person must pay to the Secretary of State DUI
6Administration Fund an amount not to exceed $30 for each month
7that he or she uses the device. The Secretary shall establish
8by rule and regulation the procedures for certification and use
9of the interlock system, the amount of the fee, and the
10procedures, terms, and conditions relating to these fees.
11    (i) (Blank).
12    (j) In accordance with 49 C.F.R. 384, the Secretary of
13State may not issue a restricted driving permit for the
14operation of a commercial motor vehicle to a person holding a
15CDL whose driving privileges have been revoked, suspended,
16cancelled, or disqualified under any provisions of this Code.
17(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
1896-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
197-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
201-1-13; 97-1150, eff. 1-25-13.)
 
21    (625 ILCS 5/6-206)
22    Sec. 6-206. Discretionary authority to suspend or revoke
23license or permit; Right to a hearing.
24    (a) The Secretary of State is authorized to suspend or
25revoke the driving privileges of any person without preliminary

 

 

09900SB0627ham001- 25 -LRB099 03342 RJF 34678 a

1hearing upon a showing of the person's records or other
2sufficient evidence that the person:
3        1. Has committed an offense for which mandatory
4    revocation of a driver's license or permit is required upon
5    conviction;
6        2. Has been convicted of not less than 3 offenses
7    against traffic regulations governing the movement of
8    vehicles committed within any 12 month period. No
9    revocation or suspension shall be entered more than 6
10    months after the date of last conviction;
11        3. Has been repeatedly involved as a driver in motor
12    vehicle collisions or has been repeatedly convicted of
13    offenses against laws and ordinances regulating the
14    movement of traffic, to a degree that indicates lack of
15    ability to exercise ordinary and reasonable care in the
16    safe operation of a motor vehicle or disrespect for the
17    traffic laws and the safety of other persons upon the
18    highway;
19        4. Has by the unlawful operation of a motor vehicle
20    caused or contributed to an accident resulting in injury
21    requiring immediate professional treatment in a medical
22    facility or doctor's office to any person, except that any
23    suspension or revocation imposed by the Secretary of State
24    under the provisions of this subsection shall start no
25    later than 6 months after being convicted of violating a
26    law or ordinance regulating the movement of traffic, which

 

 

09900SB0627ham001- 26 -LRB099 03342 RJF 34678 a

1    violation is related to the accident, or shall start not
2    more than one year after the date of the accident,
3    whichever date occurs later;
4        5. Has permitted an unlawful or fraudulent use of a
5    driver's license, identification card, or permit;
6        6. Has been lawfully convicted of an offense or
7    offenses in another state, including the authorization
8    contained in Section 6-203.1, which if committed within
9    this State would be grounds for suspension or revocation;
10        7. Has refused or failed to submit to an examination
11    provided for by Section 6-207 or has failed to pass the
12    examination;
13        8. Is ineligible for a driver's license or permit under
14    the provisions of Section 6-103;
15        9. Has made a false statement or knowingly concealed a
16    material fact or has used false information or
17    identification in any application for a license,
18    identification card, or permit;
19        10. Has possessed, displayed, or attempted to
20    fraudulently use any license, identification card, or
21    permit not issued to the person;
22        11. Has operated a motor vehicle upon a highway of this
23    State when the person's driving privilege or privilege to
24    obtain a driver's license or permit was revoked or
25    suspended unless the operation was authorized by a
26    monitoring device driving permit, judicial driving permit

 

 

09900SB0627ham001- 27 -LRB099 03342 RJF 34678 a

1    issued prior to January 1, 2009, probationary license to
2    drive, or a restricted driving permit issued under this
3    Code;
4        12. Has submitted to any portion of the application
5    process for another person or has obtained the services of
6    another person to submit to any portion of the application
7    process for the purpose of obtaining a license,
8    identification card, or permit for some other person;
9        13. Has operated a motor vehicle upon a highway of this
10    State when the person's driver's license or permit was
11    invalid under the provisions of Sections 6-107.1 and 6-110;
12        14. Has committed a violation of Section 6-301,
13    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
14    of the Illinois Identification Card Act;
15        15. Has been convicted of violating Section 21-2 of the
16    Criminal Code of 1961 or the Criminal Code of 2012 relating
17    to criminal trespass to vehicles in which case, the
18    suspension shall be for one year;
19        16. Has been convicted of violating Section 11-204 of
20    this Code relating to fleeing from a peace officer;
21        17. Has refused to submit to a test, or tests, as
22    required under Section 11-501.1 of this Code and the person
23    has not sought a hearing as provided for in Section
24    11-501.1;
25        18. Has, since issuance of a driver's license or
26    permit, been adjudged to be afflicted with or suffering

 

 

09900SB0627ham001- 28 -LRB099 03342 RJF 34678 a

1    from any mental disability or disease;
2        19. Has committed a violation of paragraph (a) or (b)
3    of Section 6-101 relating to driving without a driver's
4    license;
5        20. Has been convicted of violating Section 6-104
6    relating to classification of driver's license;
7        21. Has been convicted of violating Section 11-402 of
8    this Code relating to leaving the scene of an accident
9    resulting in damage to a vehicle in excess of $1,000, in
10    which case the suspension shall be for one year;
11        22. Has used a motor vehicle in violating paragraph
12    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
13    the Criminal Code of 1961 or the Criminal Code of 2012
14    relating to unlawful use of weapons, in which case the
15    suspension shall be for one year;
16        23. Has, as a driver, been convicted of committing a
17    violation of paragraph (a) of Section 11-502 of this Code
18    for a second or subsequent time within one year of a
19    similar violation;
20        24. Has been convicted by a court-martial or punished
21    by non-judicial punishment by military authorities of the
22    United States at a military installation in Illinois or in
23    another state of or for a traffic related offense that is
24    the same as or similar to an offense specified under
25    Section 6-205 or 6-206 of this Code;
26        25. Has permitted any form of identification to be used

 

 

09900SB0627ham001- 29 -LRB099 03342 RJF 34678 a

1    by another in the application process in order to obtain or
2    attempt to obtain a license, identification card, or
3    permit;
4        26. Has altered or attempted to alter a license or has
5    possessed an altered license, identification card, or
6    permit;
7        27. Has violated Section 6-16 of the Liquor Control Act
8    of 1934;
9        28. Has been convicted for a first time of the illegal
10    possession, while operating or in actual physical control,
11    as a driver, of a motor vehicle, of any controlled
12    substance prohibited under the Illinois Controlled
13    Substances Act, any cannabis prohibited under the Cannabis
14    Control Act, or any methamphetamine prohibited under the
15    Methamphetamine Control and Community Protection Act, in
16    which case the person's driving privileges shall be
17    suspended for one year. Any defendant found guilty of this
18    offense while operating a motor vehicle, shall have an
19    entry made in the court record by the presiding judge that
20    this offense did occur while the defendant was operating a
21    motor vehicle and order the clerk of the court to report
22    the violation to the Secretary of State;
23        29. Has been convicted of the following offenses that
24    were committed while the person was operating or in actual
25    physical control, as a driver, of a motor vehicle: criminal
26    sexual assault, predatory criminal sexual assault of a

 

 

09900SB0627ham001- 30 -LRB099 03342 RJF 34678 a

1    child, aggravated criminal sexual assault, criminal sexual
2    abuse, aggravated criminal sexual abuse, juvenile pimping,
3    soliciting for a juvenile prostitute, promoting juvenile
4    prostitution as described in subdivision (a)(1), (a)(2),
5    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
6    or the Criminal Code of 2012, and the manufacture, sale or
7    delivery of controlled substances or instruments used for
8    illegal drug use or abuse in which case the driver's
9    driving privileges shall be suspended for one year;
10        30. Has been convicted a second or subsequent time for
11    any combination of the offenses named in paragraph 29 of
12    this subsection, in which case the person's driving
13    privileges shall be suspended for 5 years;
14        31. Has refused to submit to a test as required by
15    Section 11-501.6 of this Code or Section 5-16c of the Boat
16    Registration and Safety Act or has submitted to a test
17    resulting in an alcohol concentration of 0.08 or more or
18    any amount of a drug, substance, or compound resulting from
19    the unlawful use or consumption of cannabis as listed in
20    the Cannabis Control Act, a controlled substance as listed
21    in the Illinois Controlled Substances Act, an intoxicating
22    compound as listed in the Use of Intoxicating Compounds
23    Act, or methamphetamine as listed in the Methamphetamine
24    Control and Community Protection Act, in which case the
25    penalty shall be as prescribed in Section 6-208.1;
26        32. Has been convicted of Section 24-1.2 of the

 

 

09900SB0627ham001- 31 -LRB099 03342 RJF 34678 a

1    Criminal Code of 1961 or the Criminal Code of 2012 relating
2    to the aggravated discharge of a firearm if the offender
3    was located in a motor vehicle at the time the firearm was
4    discharged, in which case the suspension shall be for 3
5    years;
6        33. Has as a driver, who was less than 21 years of age
7    on the date of the offense, been convicted a first time of
8    a violation of paragraph (a) of Section 11-502 of this Code
9    or a similar provision of a local ordinance;
10        34. Has committed a violation of Section 11-1301.5 of
11    this Code or a similar provision of a local ordinance;
12        35. Has committed a violation of Section 11-1301.6 of
13    this Code or a similar provision of a local ordinance;
14        36. Is under the age of 21 years at the time of arrest
15    and has been convicted of not less than 2 offenses against
16    traffic regulations governing the movement of vehicles
17    committed within any 24 month period. No revocation or
18    suspension shall be entered more than 6 months after the
19    date of last conviction;
20        37. Has committed a violation of subsection (c) of
21    Section 11-907 of this Code that resulted in damage to the
22    property of another or the death or injury of another;
23        38. Has been convicted of a violation of Section 6-20
24    of the Liquor Control Act of 1934 or a similar provision of
25    a local ordinance;
26        39. Has committed a second or subsequent violation of

 

 

09900SB0627ham001- 32 -LRB099 03342 RJF 34678 a

1    Section 11-1201 of this Code;
2        40. Has committed a violation of subsection (a-1) of
3    Section 11-908 of this Code;
4        41. Has committed a second or subsequent violation of
5    Section 11-605.1 of this Code, a similar provision of a
6    local ordinance, or a similar violation in any other state
7    within 2 years of the date of the previous violation, in
8    which case the suspension shall be for 90 days;
9        42. Has committed a violation of subsection (a-1) of
10    Section 11-1301.3 of this Code or a similar provision of a
11    local ordinance;
12        43. Has received a disposition of court supervision for
13    a violation of subsection (a), (d), or (e) of Section 6-20
14    of the Liquor Control Act of 1934 or a similar provision of
15    a local ordinance, in which case the suspension shall be
16    for a period of 3 months;
17        44. Is under the age of 21 years at the time of arrest
18    and has been convicted of an offense against traffic
19    regulations governing the movement of vehicles after
20    having previously had his or her driving privileges
21    suspended or revoked pursuant to subparagraph 36 of this
22    Section;
23        45. Has, in connection with or during the course of a
24    formal hearing conducted under Section 2-118 of this Code:
25    (i) committed perjury; (ii) submitted fraudulent or
26    falsified documents; (iii) submitted documents that have

 

 

09900SB0627ham001- 33 -LRB099 03342 RJF 34678 a

1    been materially altered; or (iv) submitted, as his or her
2    own, documents that were in fact prepared or composed for
3    another person;
4        46. Has committed a violation of subsection (j) of
5    Section 3-413 of this Code; or
6        47. Has committed a violation of Section 11-502.1 of
7    this Code.
8    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
9and 27 of this subsection, license means any driver's license,
10any traffic ticket issued when the person's driver's license is
11deposited in lieu of bail, a suspension notice issued by the
12Secretary of State, a duplicate or corrected driver's license,
13a probationary driver's license or a temporary driver's
14license.
15    (b) If any conviction forming the basis of a suspension or
16revocation authorized under this Section is appealed, the
17Secretary of State may rescind or withhold the entry of the
18order of suspension or revocation, as the case may be, provided
19that a certified copy of a stay order of a court is filed with
20the Secretary of State. If the conviction is affirmed on
21appeal, the date of the conviction shall relate back to the
22time the original judgment of conviction was entered and the 6
23month limitation prescribed shall not apply.
24    (c) 1. Upon suspending or revoking the driver's license or
25permit of any person as authorized in this Section, the
26Secretary of State shall immediately notify the person in

 

 

09900SB0627ham001- 34 -LRB099 03342 RJF 34678 a

1writing of the revocation or suspension. The notice to be
2deposited in the United States mail, postage prepaid, to the
3last known address of the person.
4    2. If the Secretary of State suspends the driver's license
5of a person under subsection 2 of paragraph (a) of this
6Section, a person's privilege to operate a vehicle as an
7occupation shall not be suspended, provided an affidavit is
8properly completed, the appropriate fee received, and a permit
9issued prior to the effective date of the suspension, unless 5
10offenses were committed, at least 2 of which occurred while
11operating a commercial vehicle in connection with the driver's
12regular occupation. All other driving privileges shall be
13suspended by the Secretary of State. Any driver prior to
14operating a vehicle for occupational purposes only must submit
15the affidavit on forms to be provided by the Secretary of State
16setting forth the facts of the person's occupation. The
17affidavit shall also state the number of offenses committed
18while operating a vehicle in connection with the driver's
19regular occupation. The affidavit shall be accompanied by the
20driver's license. Upon receipt of a properly completed
21affidavit, the Secretary of State shall issue the driver a
22permit to operate a vehicle in connection with the driver's
23regular occupation only. Unless the permit is issued by the
24Secretary of State prior to the date of suspension, the
25privilege to drive any motor vehicle shall be suspended as set
26forth in the notice that was mailed under this Section. If an

 

 

09900SB0627ham001- 35 -LRB099 03342 RJF 34678 a

1affidavit is received subsequent to the effective date of this
2suspension, a permit may be issued for the remainder of the
3suspension period.
4    The provisions of this subparagraph shall not apply to any
5driver required to possess a CDL for the purpose of operating a
6commercial motor vehicle.
7    Any person who falsely states any fact in the affidavit
8required herein shall be guilty of perjury under Section 6-302
9and upon conviction thereof shall have all driving privileges
10revoked without further rights.
11    3. At the conclusion of a hearing under Section 2-118 of
12this Code, the Secretary of State shall either rescind or
13continue an order of revocation or shall substitute an order of
14suspension; or, good cause appearing therefor, rescind,
15continue, change, or extend the order of suspension. If the
16Secretary of State does not rescind the order, the Secretary
17may upon application, to relieve undue hardship (as defined by
18the rules of the Secretary of State), issue a restricted
19driving permit granting the privilege of driving a motor
20vehicle between the petitioner's residence and petitioner's
21place of employment or within the scope of the petitioner's
22employment related duties, or to allow the petitioner to
23transport himself or herself, or a family member of the
24petitioner's household to a medical facility, to receive
25necessary medical care, to allow the petitioner to transport
26himself or herself to and from alcohol or drug remedial or

 

 

09900SB0627ham001- 36 -LRB099 03342 RJF 34678 a

1rehabilitative activity recommended by a licensed service
2provider, or to allow the petitioner to transport himself or
3herself or a family member of the petitioner's household to
4classes, as a student, at an accredited educational
5institution, or to allow the petitioner to transport children,
6elderly persons, or disabled persons who do not hold driving
7privileges and are living in the petitioner's household to and
8from daycare. The petitioner must demonstrate that no
9alternative means of transportation is reasonably available
10and that the petitioner will not endanger the public safety or
11welfare. Those multiple offenders identified in subdivision
12(b)4 of Section 6-208 of this Code, however, shall not be
13eligible for the issuance of a restricted driving permit.
14        (A) If a person's license or permit is revoked or
15    suspended due to 2 or more convictions of violating Section
16    11-501 of this Code or a similar provision of a local
17    ordinance or a similar out-of-state offense, or Section 9-3
18    of the Criminal Code of 1961 or the Criminal Code of 2012,
19    where the use of alcohol or other drugs is recited as an
20    element of the offense, or a similar out-of-state offense,
21    or a combination of these offenses, 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.
26        (B) If a person's license or permit is revoked or

 

 

09900SB0627ham001- 37 -LRB099 03342 RJF 34678 a

1    suspended 2 or more times within a 10 year period due to
2    any combination of:
3            (i) a single conviction of violating Section
4        11-501 of this Code or a similar provision of a local
5        ordinance or a similar out-of-state offense or Section
6        9-3 of the Criminal Code of 1961 or the Criminal Code
7        of 2012, where the use of alcohol or other drugs is
8        recited as an element of the offense, or a similar
9        out-of-state offense; or
10            (ii) a statutory summary suspension or revocation
11        under Section 11-501.1; or
12            (iii) a suspension under Section 6-203.1;
13    arising out of separate occurrences; that person, if issued
14    a restricted driving permit, may not operate a vehicle
15    unless it has been equipped with an ignition interlock
16    device as defined in Section 1-129.1.
17        (B-5) If a person's license or permit is revoked or
18    suspended due to a conviction for a violation of
19    subparagraph (C) or (F) of paragraph (1) of subsection (d)
20    of Section 11-501 of this Code, or a similar provision of a
21    local ordinance or similar out-of-state offense, that
22    person, if issued a restricted driving permit, may not
23    operate a vehicle unless it has been equipped with an
24    ignition interlock device as defined in Section 1-129.1.
25        (C) The person issued a permit conditioned upon the use
26    of an ignition interlock device must pay to the Secretary

 

 

09900SB0627ham001- 38 -LRB099 03342 RJF 34678 a

1    of State DUI Administration Fund an amount not to exceed
2    $30 per month. The Secretary shall establish by rule the
3    amount and the procedures, terms, and conditions relating
4    to these fees.
5        (D) If the restricted driving permit is issued for
6    employment purposes, then the prohibition against
7    operating a motor vehicle that is not equipped with an
8    ignition interlock device does not apply to the operation
9    of an occupational vehicle owned or leased by that person's
10    employer when used solely for employment purposes.
11        (E) In each case the Secretary may issue a restricted
12    driving permit for a period deemed appropriate, except that
13    all permits shall expire within one year from the date of
14    issuance. The Secretary may not, however, issue a
15    restricted driving permit to any person whose current
16    revocation is the result of a second or subsequent
17    conviction for a violation of Section 11-501 of this Code
18    or a similar provision of a local ordinance or any similar
19    out-of-state offense, or Section 9-3 of the Criminal Code
20    of 1961 or the Criminal Code of 2012, where the use of
21    alcohol or other drugs is recited as an element of the
22    offense, or any similar out-of-state offense, or any
23    combination of those offenses, until the expiration of at
24    least one year from the date of the revocation. A
25    restricted driving permit issued under this Section shall
26    be subject to cancellation, revocation, and suspension by

 

 

09900SB0627ham001- 39 -LRB099 03342 RJF 34678 a

1    the Secretary of State in like manner and for like cause as
2    a driver's license issued under this Code may be cancelled,
3    revoked, or suspended; except that a conviction upon one or
4    more offenses against laws or ordinances regulating the
5    movement of traffic shall be deemed sufficient cause for
6    the revocation, suspension, or cancellation of a
7    restricted driving permit. The Secretary of State may, as a
8    condition to the issuance of a restricted driving permit,
9    require the applicant to participate in a designated driver
10    remedial or rehabilitative program. The Secretary of State
11    is authorized to cancel a restricted driving permit if the
12    permit holder does not successfully complete the program.
13    (c-3) In the case of a suspension under paragraph 43 of
14subsection (a), reports received by the Secretary of State
15under this Section shall, except during the actual time the
16suspension is in effect, be privileged information and for use
17only by the courts, police officers, prosecuting authorities,
18the driver licensing administrator of any other state, the
19Secretary of State, or the parent or legal guardian of a driver
20under the age of 18. However, beginning January 1, 2008, if the
21person is a CDL holder, the suspension shall also be made
22available to the driver licensing administrator of any other
23state, the U.S. Department of Transportation, and the affected
24driver or motor carrier or prospective motor carrier upon
25request.
26    (c-4) In the case of a suspension under paragraph 43 of

 

 

09900SB0627ham001- 40 -LRB099 03342 RJF 34678 a

1subsection (a), the Secretary of State shall notify the person
2by mail that his or her driving privileges and driver's license
3will be suspended one month after the date of the mailing of
4the notice.
5    (c-5) The Secretary of State may, as a condition of the
6reissuance of a driver's license or permit to an applicant
7whose driver's license or permit has been suspended before he
8or she reached the age of 21 years pursuant to any of the
9provisions of this Section, require the applicant to
10participate in a driver remedial education course and be
11retested under Section 6-109 of this Code.
12    (d) This Section is subject to the provisions of the
13Drivers License Compact.
14    (e) The Secretary of State shall not issue a restricted
15driving permit to a person under the age of 16 years whose
16driving privileges have been suspended or revoked under any
17provisions of this Code.
18    (f) In accordance with 49 C.F.R. 384, the Secretary of
19State may not issue a restricted driving permit for the
20operation of a commercial motor vehicle to a person holding a
21CDL whose driving privileges have been suspended, revoked,
22cancelled, or disqualified under any provisions of this Code.
23(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
2497-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
2597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
261-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff.

 

 

09900SB0627ham001- 41 -LRB099 03342 RJF 34678 a

17-16-14.)
 
2    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
3    Sec. 6-206.1. Monitoring Device Driving Permit.
4Declaration of Policy. It is hereby declared a policy of the
5State of Illinois that the driver who is impaired by alcohol,
6other drug or drugs, or intoxicating compound or compounds is a
7threat to the public safety and welfare. Therefore, to provide
8a deterrent to such practice, a statutory summary driver's
9license suspension is appropriate. It is also recognized that
10driving is a privilege and therefore, that the granting of
11driving privileges, in a manner consistent with public safety,
12is warranted during the period of suspension in the form of a
13monitoring device driving permit. A person who drives and fails
14to comply with the requirements of the monitoring device
15driving permit commits a violation of Section 6-303 of this
16Code.
17    The following procedures shall apply whenever a first
18offender, as defined in Section 11-500 of this Code, is
19arrested for any offense as defined in Section 11-501 or a
20similar provision of a local ordinance and is subject to the
21provisions of Section 11-501.1:
22    (a) Upon mailing of the notice of suspension of driving
23privileges as provided in subsection (h) of Section 11-501.1 of
24this Code, the Secretary shall also send written notice
25informing the person that he or she will be issued a monitoring

 

 

09900SB0627ham001- 42 -LRB099 03342 RJF 34678 a

1device driving permit (MDDP). The notice shall include, at
2minimum, information summarizing the procedure to be followed
3for issuance of the MDDP, installation of the breath alcohol
4ignition installation device (BAIID), as provided in this
5Section, exemption from BAIID installation requirements, and
6procedures to be followed by those seeking indigent status, as
7provided in this Section. The notice shall also include
8information summarizing the procedure to be followed if the
9person wishes to decline issuance of the MDDP. A copy of the
10notice shall also be sent to the court of venue together with
11the notice of suspension of driving privileges, as provided in
12subsection (h) of Section 11-501. However, a MDDP shall not be
13issued if the Secretary finds that:
14        (1) the offender's driver's license is otherwise
15    invalid;
16        (2) death or great bodily harm to another resulted from
17    the arrest for Section 11-501;
18        (3) the offender has been previously convicted of
19    reckless homicide or aggravated driving under the
20    influence involving death;
21        (4) the offender is less than 18 years of age; or
22        (5) the offender is a qualifying patient licensed under
23    the Compassionate Use of Medical Cannabis Pilot Program Act
24    who is in possession of a valid registry card issued under
25    that Act and refused to submit to standardized field
26    sobriety tests as required by subsection (a) of Section

 

 

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1    11-501.9 or did submit to testing which disclosed the
2    person was impaired by the use of cannabis.
3    Any offender participating in the MDDP program must pay the
4Secretary a MDDP Administration Fee in an amount not to exceed
5$30 per month, to be deposited into the Monitoring Device
6Driving Permit Administration Fee Fund. The Secretary shall
7establish by rule the amount and the procedures, terms, and
8conditions relating to these fees. The offender must have an
9ignition interlock device installed within 14 days of the date
10the Secretary issues the MDDP. The ignition interlock device
11provider must notify the Secretary, in a manner and form
12prescribed by the Secretary, of the installation. If the
13Secretary does not receive notice of installation, the
14Secretary shall cancel the MDDP.
15    A MDDP shall not become effective prior to the 31st day of
16the original statutory summary suspension.
17    Upon receipt of the notice, as provided in paragraph (a) of
18this Section, the person may file a petition to decline
19issuance of the MDDP with the court of venue. The court shall
20admonish the offender of all consequences of declining issuance
21of the MDDP including, but not limited to, the enhanced
22penalties for driving while suspended. After being so
23admonished, the offender shall be permitted, in writing, to
24execute a notice declining issuance of the MDDP. This notice
25shall be filed with the court and forwarded by the clerk of the
26court to the Secretary. The offender may, at any time

 

 

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1thereafter, apply to the Secretary for issuance of a MDDP.
2    (a-1) A person issued a MDDP may drive for any purpose and
3at any time, subject to the rules adopted by the Secretary
4under subsection (g). The person must, at his or her own
5expense, drive only vehicles equipped with an ignition
6interlock device as defined in Section 1-129.1, but in no event
7shall such person drive a commercial motor vehicle.
8    (a-2) Persons who are issued a MDDP and must drive
9employer-owned vehicles in the course of their employment
10duties may seek permission to drive an employer-owned vehicle
11that does not have an ignition interlock device. The employer
12shall provide to the Secretary a form, as prescribed by the
13Secretary, completed by the employer verifying that the
14employee must drive an employer-owned vehicle in the course of
15employment. If approved by the Secretary, the form must be in
16the driver's possession while operating an employer-owner
17vehicle not equipped with an ignition interlock device. No
18person may use this exemption to drive a school bus, school
19vehicle, or a vehicle designed to transport more than 15
20passengers. No person may use this exemption to drive an
21employer-owned motor vehicle that is owned by an entity that is
22wholly or partially owned by the person holding the MDDP, or by
23a family member of the person holding the MDDP. No person may
24use this exemption to drive an employer-owned vehicle that is
25made available to the employee for personal use. No person may
26drive the exempted vehicle more than 12 hours per day, 6 days

 

 

09900SB0627ham001- 45 -LRB099 03342 RJF 34678 a

1per week.
2    (a-3) Persons who are issued a MDDP and who must drive a
3farm tractor to and from a farm, within 50 air miles from the
4originating farm are exempt from installation of a BAIID on the
5farm tractor, so long as the farm tractor is being used for the
6exclusive purpose of conducting farm operations.
7    (b) (Blank).
8    (c) (Blank).
9    (c-1) If the holder of the MDDP is convicted of or receives
10court supervision for a violation of Section 6-206.2, 6-303,
1111-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
12provision of a local ordinance or a similar out-of-state
13offense or is convicted of or receives court supervision for
14any offense for which alcohol or drugs is an element of the
15offense and in which a motor vehicle was involved (for an
16arrest other than the one for which the MDDP is issued), or
17de-installs the BAIID without prior authorization from the
18Secretary, the MDDP shall be cancelled.
19    (c-5) If the Secretary determines that the person seeking
20the MDDP is indigent, the Secretary shall provide the person
21with a written document as evidence of that determination, and
22the person shall provide that written document to an ignition
23interlock device provider. The provider shall install an
24ignition interlock device on that person's vehicle without
25charge to the person, and seek reimbursement from the Indigent
26BAIID Fund. If the Secretary has deemed an offender indigent,

 

 

09900SB0627ham001- 46 -LRB099 03342 RJF 34678 a

1the BAIID provider shall also provide the normal monthly
2monitoring services and the de-installation without charge to
3the offender and seek reimbursement from the Indigent BAIID
4Fund. Any other monetary charges, such as a lockout fee or
5reset fee, shall be the responsibility of the MDDP holder. A
6BAIID provider may not seek a security deposit from the
7Indigent BAIID Fund.
8    (d) MDDP information shall be available only to the courts,
9police officers, and the Secretary, except during the actual
10period the MDDP is valid, during which time it shall be a
11public record.
12    (e) (Blank).
13    (f) (Blank).
14    (g) The Secretary shall adopt rules for implementing this
15Section. The rules adopted shall address issues including, but
16not limited to: compliance with the requirements of the MDDP;
17methods for determining compliance with those requirements;
18the consequences of noncompliance with those requirements;
19what constitutes a violation of the MDDP; methods for
20determining indigency; and the duties of a person or entity
21that supplies the ignition interlock device.
22    (h) The rules adopted under subsection (g) shall provide,
23at a minimum, that the person is not in compliance with the
24requirements of the MDDP if he or she:
25        (1) tampers or attempts to tamper with or circumvent
26    the proper operation of the ignition interlock device;

 

 

09900SB0627ham001- 47 -LRB099 03342 RJF 34678 a

1        (2) provides valid breath samples that register blood
2    alcohol levels in excess of the number of times allowed
3    under the rules;
4        (3) fails to provide evidence sufficient to satisfy the
5    Secretary that the ignition interlock device has been
6    installed in the designated vehicle or vehicles; or
7        (4) fails to follow any other applicable rules adopted
8    by the Secretary.
9    (i) Any person or entity that supplies an ignition
10interlock device as provided under this Section shall, in
11addition to supplying only those devices which fully comply
12with all the rules adopted under subsection (g), provide the
13Secretary, within 7 days of inspection, all monitoring reports
14of each person who has had an ignition interlock device
15installed. These reports shall be furnished in a manner or form
16as prescribed by the Secretary.
17    (j) Upon making a determination that a violation of the
18requirements of the MDDP has occurred, the Secretary shall
19extend the summary suspension period for an additional 3 months
20beyond the originally imposed summary suspension period,
21during which time the person shall only be allowed to drive
22vehicles equipped with an ignition interlock device; provided
23further there are no limitations on the total number of times
24the summary suspension may be extended. The Secretary may,
25however, limit the number of extensions imposed for violations
26occurring during any one monitoring period, as set forth by

 

 

09900SB0627ham001- 48 -LRB099 03342 RJF 34678 a

1rule. Any person whose summary suspension is extended pursuant
2to this Section shall have the right to contest the extension
3through a hearing with the Secretary, pursuant to Section 2-118
4of this Code. If the summary suspension has already terminated
5prior to the Secretary receiving the monitoring report that
6shows a violation, the Secretary shall be authorized to suspend
7the person's driving privileges for 3 months, provided that the
8Secretary may, by rule, limit the number of suspensions to be
9entered pursuant to this paragraph for violations occurring
10during any one monitoring period. Any person whose license is
11suspended pursuant to this paragraph, after the summary
12suspension had already terminated, shall have the right to
13contest the suspension through a hearing with the Secretary,
14pursuant to Section 2-118 of this Code. The only permit the
15person shall be eligible for during this new suspension period
16is a MDDP.
17    (k) A person who has had his or her summary suspension
18extended for the third time, or has any combination of 3
19extensions and new suspensions, entered as a result of a
20violation that occurred while holding the MDDP, so long as the
21extensions and new suspensions relate to the same summary
22suspension, shall have his or her vehicle impounded for a
23period of 30 days, at the person's own expense. A person who
24has his or her summary suspension extended for the fourth time,
25or has any combination of 4 extensions and new suspensions,
26entered as a result of a violation that occurred while holding

 

 

09900SB0627ham001- 49 -LRB099 03342 RJF 34678 a

1the MDDP, so long as the extensions and new suspensions relate
2to the same summary suspension, shall have his or her vehicle
3subject to seizure and forfeiture. The Secretary shall notify
4the prosecuting authority of any third or fourth extensions or
5new suspension entered as a result of a violation that occurred
6while the person held a MDDP. Upon receipt of the notification,
7the prosecuting authority shall impound or forfeit the vehicle.
8The impoundment or forfeiture of a vehicle shall be conducted
9pursuant to the procedure specified in Article 36 of the
10Criminal Code of 2012.
11    (l) A person whose driving privileges have been suspended
12under Section 11-501.1 of this Code and who had a MDDP that was
13cancelled, or would have been cancelled had notification of a
14violation been received prior to expiration of the MDDP,
15pursuant to subsection (c-1) of this Section, shall not be
16eligible for reinstatement when the summary suspension is
17scheduled to terminate. Instead, the person's driving
18privileges shall be suspended for a period of not less than
19twice the original summary suspension period, or for the length
20of any extensions entered under subsection (j), whichever is
21longer. During the period of suspension, the person shall be
22eligible only to apply for a restricted driving permit. If a
23restricted driving permit is granted, the offender may only
24operate vehicles equipped with a BAIID in accordance with this
25Section.
26    (m) Any person or entity that supplies an ignition

 

 

09900SB0627ham001- 50 -LRB099 03342 RJF 34678 a

1interlock device under this Section shall, for each ignition
2interlock device installed, pay 5% of the total gross revenue
3received for the device, including monthly monitoring fees,
4into the Indigent BAIID Fund. This 5% shall be clearly
5indicated as a separate surcharge on each invoice that is
6issued. The Secretary shall conduct an annual review of the
7fund to determine whether the surcharge is sufficient to
8provide for indigent users. The Secretary may increase or
9decrease this surcharge requirement as needed.
10    (n) Any person or entity that supplies an ignition
11interlock device under this Section that is requested to
12provide an ignition interlock device to a person who presents
13written documentation of indigency from the Secretary, as
14provided in subsection (c-5) of this Section, shall install the
15device on the person's vehicle without charge to the person and
16shall seek reimbursement from the Indigent BAIID Fund.
17    (o) The Indigent BAIID Fund is created as a special fund in
18the State treasury. The Secretary shall, subject to
19appropriation by the General Assembly, use all money in the
20Indigent BAIID Fund to reimburse ignition interlock device
21providers who have installed devices in vehicles of indigent
22persons. The Secretary shall make payments to such providers
23every 3 months. If the amount of money in the fund at the time
24payments are made is not sufficient to pay all requests for
25reimbursement submitted during that 3 month period, the
26Secretary shall make payments on a pro-rata basis, and those

 

 

09900SB0627ham001- 51 -LRB099 03342 RJF 34678 a

1payments shall be considered payment in full for the requests
2submitted.
3    (p) The Monitoring Device Driving Permit Administration
4Fee Fund is created as a special fund in the State treasury.
5The Secretary shall, subject to appropriation by the General
6Assembly, use the money paid into this fund to offset its
7administrative costs for administering MDDPs.
8    (q) The Secretary is authorized to prescribe such forms as
9it deems necessary to carry out the provisions of this Section.
10(Source: P.A. 97-229, eff. 7-28-11; 97-813, eff. 7-13-12;
1197-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1015, eff.
128-22-14; 98-1172, eff. 1-12-15.)
 
13    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
14    Sec. 6-208.1. Period of statutory summary alcohol, other
15drug, or intoxicating compound related suspension or
16revocation.
17    (a) Unless the statutory summary suspension has been
18rescinded, any person whose privilege to drive a motor vehicle
19on the public highways has been summarily suspended, pursuant
20to Section 11-501.1, shall not be eligible for restoration of
21the privilege until the expiration of:
22        1. twelve months from the effective date of the
23    statutory summary suspension for a refusal or failure to
24    complete a test or tests to determine the alcohol, other
25    drug, or intoxicating compound concentration under Section

 

 

09900SB0627ham001- 52 -LRB099 03342 RJF 34678 a

1    11-501.1, if the person was not involved in a motor vehicle
2    accident that caused personal injury or death to another;
3    or
4        2. six months from the effective date of the statutory
5    summary suspension imposed following the person's
6    submission to a chemical test which disclosed an alcohol
7    concentration of 0.08 or more, or any amount of a drug,
8    substance, or intoxicating compound in such person's
9    breath, blood, or urine resulting from the unlawful use or
10    consumption of cannabis listed in the Cannabis Control Act,
11    a controlled substance listed in the Illinois Controlled
12    Substances Act, an intoxicating compound listed in the Use
13    of Intoxicating Compounds Act, or methamphetamine as
14    listed in the Methamphetamine Control and Community
15    Protection Act, pursuant to Section 11-501.1; or
16        3. three years from the effective date of the statutory
17    summary suspension for any person other than a first
18    offender who refuses or fails to complete a test or tests
19    to determine the alcohol, drug, or intoxicating compound
20    concentration pursuant to Section 11-501.1; 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

 

 

09900SB0627ham001- 53 -LRB099 03342 RJF 34678 a

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; or
7        5. (Blank).
8    (b) Following a statutory summary suspension of the
9privilege to drive a motor vehicle under Section 11-501.1,
10driving privileges shall be restored unless the person is
11otherwise suspended, revoked, or cancelled by this Code. If the
12court has reason to believe that the person's driving privilege
13should not be restored, the court shall notify the Secretary of
14State prior to the expiration of the statutory summary
15suspension so appropriate action may be taken pursuant to this
16Code.
17    (c) Driving privileges may not be restored until all
18applicable reinstatement fees, as provided by this Code, have
19been paid to the Secretary of State and the appropriate entry
20made to the driver's record.
21    (d) Where a driving privilege has been summarily suspended
22or revoked under Section 11-501.1 and the person is
23subsequently convicted of violating Section 11-501, or a
24similar provision of a local ordinance, for the same incident,
25any period served on statutory summary suspension or revocation
26shall be credited toward the minimum period of revocation of

 

 

09900SB0627ham001- 54 -LRB099 03342 RJF 34678 a

1driving privileges imposed pursuant to Section 6-205.
2    (e) A first offender who refused chemical testing and whose
3driving privileges were summarily revoked pursuant to Section
411-501.1 shall not be eligible for a monitoring device driving
5permit, but may make application for reinstatement or for a
6restricted driving permit after a period of one year has
7elapsed from the effective date of the revocation.
8    (f) (Blank).
9    (g) (Blank). Following a statutory summary suspension of
10driving privileges pursuant to Section 11-501.1 where the
11person was not a first offender, as defined in Section 11-500,
12the Secretary of State may not issue a restricted driving
13permit.
14    (h) (Blank).
15(Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14;
1698-1015, eff. 8-22-14; 98-1172, eff. 1-12-15.)
 
17    (625 ILCS 5/6-517)  (from Ch. 95 1/2, par. 6-517)
18    Sec. 6-517. Commercial driver; implied consent warnings.
19    (a) Any person driving a commercial motor vehicle who is
20requested by a police officer, pursuant to Section 6-516, to
21submit to a chemical test or tests to determine the alcohol
22concentration or any amount of a drug, substance, or compound
23resulting from the unlawful use or consumption of cannabis
24listed in the Cannabis Control Act, a controlled substance
25listed in the Illinois Controlled Substances Act, an

 

 

09900SB0627ham001- 55 -LRB099 03342 RJF 34678 a

1intoxicating compound listed in the Use of Intoxicating
2Compounds Act, or methamphetamine as listed in the
3Methamphetamine Control and Community Protection Act in such
4person's system, must be warned by the police officer
5requesting the test or tests that a refusal to submit to the
6test or tests will result in that person being immediately
7placed out-of-service for a period of 24 hours and being
8disqualified from operating a commercial motor vehicle for a
9period of not less than 12 months; the person shall also be
10warned that if such person submits to testing which discloses
11an alcohol concentration of greater than 0.00 but less than
120.04 or any amount of a drug, substance, or compound in such
13person's blood or urine resulting from the unlawful use or
14consumption of cannabis listed in the Cannabis Control Act, a
15controlled substance listed in the Illinois Controlled
16Substances Act, an intoxicating compound listed in the Use of
17Intoxicating Compounds Act, or methamphetamine as listed in the
18Methamphetamine Control and Community Protection Act, such
19person shall be placed immediately out-of-service for a period
20of 24 hours; if the person submits to testing which discloses
21an alcohol concentration of 0.04 or more or any amount of a
22drug, substance, or compound in such person's blood or urine
23resulting from the unlawful use or consumption of cannabis
24listed in the Cannabis Control Act, a controlled substance
25listed in the Illinois Controlled Substances Act, an
26intoxicating compound listed in the Use of Intoxicating

 

 

09900SB0627ham001- 56 -LRB099 03342 RJF 34678 a

1Compounds Act, or methamphetamine as listed in the
2Methamphetamine Control and Community Protection Act, such
3person shall be placed immediately out-of-service and
4disqualified from driving a commercial motor vehicle for a
5period of at least 12 months; also the person shall be warned
6that if such testing discloses an alcohol concentration of
70.08, or more or any amount of a drug, substance, or compound
8in such person's blood or urine resulting from the unlawful use
9or consumption of cannabis listed in the Cannabis Control Act,
10a controlled substance listed in the Illinois Controlled
11Substances Act, an intoxicating compound listed in the Use of
12Intoxicating Compounds Act, or methamphetamine as listed in the
13Methamphetamine Control and Community Protection Act, in
14addition to the person being immediately placed out-of-service
15and disqualified for 12 months as provided in this UCDLA, the
16results of such testing shall also be admissible in
17prosecutions for violations of Section 11-501 of this Code, or
18similar violations of local ordinances, however, such results
19shall not be used to impose any driving sanctions pursuant to
20Section 11-501.1 of this Code.
21    The person shall also be warned that any disqualification
22imposed pursuant to this Section, shall be for life for any
23such offense or refusal, or combination thereof; including a
24conviction for violating Section 11-501 while driving a
25commercial motor vehicle, or similar provisions of local
26ordinances, committed a second time involving separate

 

 

09900SB0627ham001- 57 -LRB099 03342 RJF 34678 a

1incidents.
2    A person requested to submit to a test shall also
3acknowledge, in writing, receipt of the warning required under
4this Section. If the person refuses to acknowledge receipt of
5the warning, the police officer shall make a written notation
6on the warning that the person refused to sign the warning. A
7person's refusal to sign the warning shall not be evidence that
8the person was not read the warning.
9    (b) If the person refuses or fails to complete testing, or
10submits to a test which discloses an alcohol concentration of
11at least 0.04, or any amount of a drug, substance, or compound
12in such person's blood or urine resulting from the unlawful use
13or consumption of cannabis listed in the Cannabis Control Act,
14a controlled substance listed in the Illinois Controlled
15Substances Act, an intoxicating compound listed in the Use of
16Intoxicating Compounds Act, or methamphetamine as listed in the
17Methamphetamine Control and Community Protection Act, the law
18enforcement officer must submit a Sworn Report to the Secretary
19of State, in a form prescribed by the Secretary, certifying
20that the test or tests was requested pursuant to paragraph (a);
21that the person was warned, as provided in paragraph (a) and
22that such person refused to submit to or failed to complete
23testing, or submitted to a test which disclosed an alcohol
24concentration of 0.04 or more, or any amount of a drug,
25substance, or compound in such person's blood or urine
26resulting from the unlawful use or consumption of cannabis

 

 

09900SB0627ham001- 58 -LRB099 03342 RJF 34678 a

1listed in the Cannabis Control Act, a controlled substance
2listed in the Illinois Controlled Substances Act, an
3intoxicating compound listed in the Use of Intoxicating
4Compounds Act, or methamphetamine as listed in the
5Methamphetamine Control and Community Protection Act.
6    (c) The police officer submitting the Sworn Report under
7this Section shall serve notice of the CDL disqualification on
8the person and such CDL disqualification shall be effective as
9provided in paragraph (d). In cases where the blood alcohol
10concentration of 0.04 or more, or any amount of a drug,
11substance, or compound in such person's blood or urine
12resulting from the unlawful use or consumption of cannabis
13listed in the Cannabis Control Act, a controlled substance
14listed in the Illinois Controlled Substances Act, an
15intoxicating compound listed in the Use of Intoxicating
16Compounds Act, or methamphetamine as listed in the
17Methamphetamine Control and Community Protection Act, is
18established by subsequent analysis of blood or urine collected
19at the time of the request, the police officer shall give
20notice as provided in this Section or by deposit in the United
21States mail of such notice as provided in this Section or by
22deposit in the United States mail of such notice in an envelope
23with postage prepaid and addressed to such person's domiciliary
24address as shown on the Sworn Report and the CDL
25disqualification shall begin as provided in paragraph (d).
26    (d) The CDL disqualification referred to in this Section

 

 

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1shall take effect on the 46th day following the date the Sworn
2Report was given to the affected person.
3    (e) Upon receipt of the Sworn Report from the police
4officer, the Secretary of State shall disqualify the person
5from driving any commercial motor vehicle and shall confirm the
6CDL disqualification by mailing the notice of the effective
7date to the person. However, should the Sworn Report be
8defective by not containing sufficient information or be
9completed in error, the confirmation of the CDL
10disqualification shall not be mailed to the affected person or
11entered into the record, instead the Sworn Report shall be
12forwarded to the issuing agency identifying any such defect.
13(Source: P.A. 95-355, eff. 1-1-08.)
 
14    (625 ILCS 5/11-501.1)
15    Sec. 11-501.1. Suspension of drivers license; statutory
16summary alcohol, other drug or drugs, or intoxicating compound
17or compounds related suspension or revocation; implied
18consent.
19    (a) Any person who drives or is in actual physical control
20of a motor vehicle upon the public highways of this State shall
21be deemed to have given consent, subject to the provisions of
22Section 11-501.2, to a chemical test or tests of blood, breath,
23or urine for the purpose of determining the content of alcohol,
24other drug or drugs, or intoxicating compound or compounds or
25any combination thereof in the person's blood if arrested, as

 

 

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1evidenced by the issuance of a Uniform Traffic Ticket, for any
2offense as defined in Section 11-501 or a similar provision of
3a local ordinance, or if arrested for violating Section 11-401.
4If a law enforcement officer has probable cause to believe the
5person was under the influence of alcohol, other drug or drugs,
6intoxicating compound or compounds, or any combination
7thereof, the law enforcement officer shall request a chemical
8test or tests which shall be administered at the direction of
9the arresting officer. The law enforcement agency employing the
10officer shall designate which of the aforesaid tests shall be
11administered. A urine test may be administered even after a
12blood or breath test or both has been administered. For
13purposes of this Section, an Illinois law enforcement officer
14of this State who is investigating the person for any offense
15defined in Section 11-501 may travel into an adjoining state,
16where the person has been transported for medical care, to
17complete an investigation and to request that the person submit
18to the test or tests set forth in this Section. The
19requirements of this Section that the person be arrested are
20inapplicable, but the officer shall issue the person a Uniform
21Traffic Ticket for an offense as defined in Section 11-501 or a
22similar provision of a local ordinance prior to requesting that
23the person submit to the test or tests. The issuance of the
24Uniform Traffic Ticket shall not constitute an arrest, but
25shall be for the purpose of notifying the person that he or she
26is subject to the provisions of this Section and of the

 

 

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1officer's belief of the existence of probable cause to arrest.
2Upon returning to this State, the officer shall file the
3Uniform Traffic Ticket with the Circuit Clerk of the county
4where the offense was committed, and shall seek the issuance of
5an arrest warrant or a summons for the person.
6    (a-5) (Blank).
7    (b) Any person who is dead, unconscious, or who is
8otherwise in a condition rendering the person incapable of
9refusal, shall be deemed not to have withdrawn the consent
10provided by paragraph (a) of this Section and the test or tests
11may be administered, subject to the provisions of Section
1211-501.2.
13    (c) A person requested to submit to a test as provided
14above shall be warned by the law enforcement officer requesting
15the test that a refusal to submit to the test will result in
16the statutory summary suspension of the person's privilege to
17operate a motor vehicle, as provided in Section 6-208.1 of this
18Code, and will also result in the disqualification of the
19person's privilege to operate a commercial motor vehicle, as
20provided in Section 6-514 of this Code, if the person is a CDL
21holder. The person shall also be warned that a refusal to
22submit to the test, when the person was involved in a motor
23vehicle accident that caused personal injury or death to
24another, will result in the statutory summary revocation of the
25person's privilege to operate a motor vehicle, as provided in
26Section 6-208.1, and will also result in the disqualification

 

 

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1of the person's privilege to operate a commercial motor
2vehicle, as provided in Section 6-514 of this Code, if the
3person is a CDL holder. The person shall also be warned by the
4law enforcement officer that if the person submits to the test
5or tests provided in paragraph (a) of this Section and the
6alcohol concentration in the person's blood or breath is 0.08
7or greater, or any amount of a drug, substance, or compound
8resulting from the unlawful use or consumption of cannabis as
9covered by the Cannabis Control Act, a controlled substance
10listed in the Illinois Controlled Substances Act, an
11intoxicating compound listed in the Use of Intoxicating
12Compounds Act, or methamphetamine as listed in the
13Methamphetamine Control and Community Protection Act is
14detected in the person's blood or urine, a statutory summary
15suspension of the person's privilege to operate a motor
16vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
17Code, and a disqualification of the person's privilege to
18operate a commercial motor vehicle, as provided in Section
196-514 of this Code, if the person is a CDL holder, will be
20imposed.
21    A person who is under the age of 21 at the time the person
22is requested to submit to a test as provided above shall, in
23addition to the warnings provided for in this Section, be
24further warned by the law enforcement officer requesting the
25test that if the person submits to the test or tests provided
26in paragraph (a) of this Section and the alcohol concentration

 

 

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1in the person's blood or breath is greater than 0.00 and less
2than 0.08, a suspension of the person's privilege to operate a
3motor vehicle, as provided under Sections 6-208.2 and 11-501.8
4of this Code, will be imposed. The results of this test shall
5be admissible in a civil or criminal action or proceeding
6arising from an arrest for an offense as defined in Section
711-501 of this Code or a similar provision of a local ordinance
8or pursuant to Section 11-501.4 in prosecutions for reckless
9homicide brought under the Criminal Code of 1961 or the
10Criminal Code of 2012. These test results, however, shall be
11admissible only in actions or proceedings directly related to
12the incident upon which the test request was made.
13    A person requested to submit to a test shall also
14acknowledge, in writing, receipt of the warning required under
15this Section. If the person refuses to acknowledge receipt of
16the warning, the law enforcement officer shall make a written
17notation on the warning that the person refused to sign the
18warning. A person's refusal to sign the warning shall not be
19evidence that the person was not read the warning.
20    (d) If the person refuses testing or submits to a test that
21discloses an alcohol concentration of 0.08 or more, or any
22amount of a drug, substance, or intoxicating compound in the
23person's breath, blood, or urine resulting from the unlawful
24use or consumption of cannabis listed in the Cannabis Control
25Act, a controlled substance listed in the Illinois Controlled
26Substances Act, an intoxicating compound listed in the Use of

 

 

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1Intoxicating Compounds Act, or methamphetamine as listed in the
2Methamphetamine Control and Community Protection Act, the law
3enforcement officer shall immediately submit a sworn report to
4the circuit court of venue and the Secretary of State,
5certifying that the test or tests was or were requested under
6paragraph (a) and the person refused to submit to a test, or
7tests, or submitted to testing that disclosed an alcohol
8concentration of 0.08 or more.
9    (e) Upon receipt of the sworn report of a law enforcement
10officer submitted under paragraph (d), the Secretary of State
11shall enter the statutory summary suspension or revocation and
12disqualification for the periods specified in Sections 6-208.1
13and 6-514, respectively, and effective as provided in paragraph
14(g).
15    If the person is a first offender as defined in Section
1611-500 of this Code, and is not convicted of a violation of
17Section 11-501 of this Code or a similar provision of a local
18ordinance, then reports received by the Secretary of State
19under this Section shall, except during the actual time the
20Statutory Summary Suspension is in effect, be privileged
21information and for use only by the courts, police officers,
22prosecuting authorities or the Secretary of State, unless the
23person is a CDL holder, is operating a commercial motor vehicle
24or vehicle required to be placarded for hazardous materials, in
25which case the suspension shall not be privileged. Reports
26received by the Secretary of State under this Section shall

 

 

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1also be made available to the parent or guardian of a person
2under the age of 18 years that holds an instruction permit or a
3graduated driver's license, regardless of whether the
4statutory summary suspension is in effect. A statutory summary
5revocation shall not be privileged information.
6    (f) The law enforcement officer submitting the sworn report
7under paragraph (d) shall serve immediate notice of the
8statutory summary suspension or revocation on the person and
9the suspension or revocation and disqualification shall be
10effective as provided in paragraph (g).
11        (1) In cases where the blood alcohol concentration of
12    0.08 or greater or any amount of a drug, substance, or
13    compound resulting from the unlawful use or consumption of
14    cannabis as covered by the Cannabis Control Act, a
15    controlled substance listed in the Illinois Controlled
16    Substances Act, an intoxicating compound listed in the Use
17    of Intoxicating Compounds Act, or methamphetamine as
18    listed in the Methamphetamine Control and Community
19    Protection Act is established by a subsequent analysis of
20    blood or urine collected at the time of arrest, the
21    arresting officer or arresting agency shall give notice as
22    provided in this Section or by deposit in the United States
23    mail of the notice in an envelope with postage prepaid and
24    addressed to the person at his address as shown on the
25    Uniform Traffic Ticket and the statutory summary
26    suspension and disqualification shall begin as provided in

 

 

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1    paragraph (g). The officer shall confiscate any Illinois
2    driver's license or permit on the person at the time of
3    arrest. If the person has a valid driver's license or
4    permit, the officer shall issue the person a receipt, in a
5    form prescribed by the Secretary of State, that will allow
6    that person to drive during the periods provided for in
7    paragraph (g). The officer shall immediately forward the
8    driver's license or permit to the circuit court of venue
9    along with the sworn report provided for in paragraph (d).
10        (2) (Blank).
11    (g) The statutory summary suspension or revocation and
12disqualification referred to in this Section shall take effect
13on the 46th day following the date the notice of the statutory
14summary suspension or revocation was given to the person.
15    (h) The following procedure shall apply whenever a person
16is arrested for any offense as defined in Section 11-501 or a
17similar provision of a local ordinance:
18    Upon receipt of the sworn report from the law enforcement
19officer, the Secretary of State shall confirm the statutory
20summary suspension or revocation by mailing a notice of the
21effective date of the suspension or revocation to the person
22and the court of venue. The Secretary of State shall also mail
23notice of the effective date of the disqualification to the
24person. However, should the sworn report be defective by not
25containing sufficient information or be completed in error, the
26confirmation of the statutory summary suspension or revocation

 

 

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1shall not be mailed to the person or entered to the record;
2instead, the sworn report shall be forwarded to the court of
3venue with a copy returned to the issuing agency identifying
4any defect.
5    (i) As used in this Section, "personal injury" includes any
6Type A injury as indicated on the traffic accident report
7completed by a law enforcement officer that requires immediate
8professional attention in either a doctor's office or a medical
9facility. A Type A injury includes severely bleeding wounds,
10distorted extremities, and injuries that require the injured
11party to be carried from the scene.
12(Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11;
1397-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff.
141-12-15.)
 
15    (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
16    Sec. 11-501.6. Driver involvement in personal injury or
17fatal motor vehicle accident; chemical test.
18    (a) Any person who drives or is in actual control of a
19motor vehicle upon the public highways of this State and who
20has been involved in a personal injury or fatal motor vehicle
21accident, shall be deemed to have given consent to a breath
22test using a portable device as approved by the Department of
23State Police or to a chemical test or tests of blood, breath,
24or urine for the purpose of determining the content of alcohol,
25other drug or drugs, or intoxicating compound or compounds of

 

 

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1such person's blood if arrested as evidenced by the issuance of
2a Uniform Traffic Ticket for any violation of the Illinois
3Vehicle Code or a similar provision of a local ordinance, with
4the exception of equipment violations contained in Chapter 12
5of this Code, or similar provisions of local ordinances. The
6test or tests shall be administered at the direction of the
7arresting officer. The law enforcement agency employing the
8officer shall designate which of the aforesaid tests shall be
9administered. A urine test may be administered even after a
10blood or breath test or both has been administered. Compliance
11with this Section does not relieve such person from the
12requirements of Section 11-501.1 of this Code.
13    (b) Any person who is dead, unconscious or who is otherwise
14in a condition rendering such person incapable of refusal shall
15be deemed not to have withdrawn the consent provided by
16subsection (a) of this Section. In addition, if a driver of a
17vehicle is receiving medical treatment as a result of a motor
18vehicle accident, any physician licensed to practice medicine,
19licensed physician assistant, licensed advanced practice
20nurse, registered nurse or a phlebotomist acting under the
21direction of a licensed physician shall withdraw blood for
22testing purposes to ascertain the presence of alcohol, other
23drug or drugs, or intoxicating compound or compounds, upon the
24specific request of a law enforcement officer. However, no such
25testing shall be performed until, in the opinion of the medical
26personnel on scene, the withdrawal can be made without

 

 

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1interfering with or endangering the well-being of the patient.
2    (c) A person requested to submit to a test as provided
3above shall be warned by the law enforcement officer requesting
4the test that a refusal to submit to the test, or submission to
5the test resulting in an alcohol concentration of 0.08 or more,
6or any amount of a drug, substance, or intoxicating compound
7resulting from the unlawful use or consumption of cannabis, as
8covered by the Cannabis Control Act, a controlled substance
9listed in the Illinois Controlled Substances Act, an
10intoxicating compound listed in the Use of Intoxicating
11Compounds Act, or methamphetamine as listed in the
12Methamphetamine Control and Community Protection Act as
13detected in such person's blood or urine, may result in the
14suspension of such person's privilege to operate a motor
15vehicle and may result in the disqualification of the person's
16privilege to operate a commercial motor vehicle, as provided in
17Section 6-514 of this Code, if the person is a CDL holder. The
18length of the suspension shall be the same as outlined in
19Section 6-208.1 of this Code regarding statutory summary
20suspensions.
21    A person requested to submit to a test shall also
22acknowledge, in writing, receipt of the warning required under
23this Section. If the person refuses to acknowledge receipt of
24the warning, the law enforcement officer shall make a written
25notation on the warning that the person refused to sign the
26warning. A person's refusal to sign the warning shall not be

 

 

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1evidence that the person was not read the warning.
2    (d) If the person refuses testing or submits to a test
3which discloses an alcohol concentration of 0.08 or more, or
4any amount of a drug, substance, or intoxicating compound in
5such person's blood or urine resulting from the unlawful use or
6consumption of cannabis listed in the Cannabis Control Act, a
7controlled substance listed in the Illinois Controlled
8Substances Act, an intoxicating compound listed in the Use of
9Intoxicating Compounds Act, or methamphetamine as listed in the
10Methamphetamine Control and Community Protection Act, the law
11enforcement officer shall immediately submit a sworn report to
12the Secretary of State on a form prescribed by the Secretary,
13certifying that the test or tests were requested pursuant to
14subsection (a) and the person refused to submit to a test or
15tests or submitted to testing which disclosed an alcohol
16concentration of 0.08 or more, or any amount of a drug,
17substance, or intoxicating compound in such person's blood or
18urine, resulting from the unlawful use or consumption of
19cannabis listed in the Cannabis Control Act, a controlled
20substance listed in the Illinois Controlled Substances Act, an
21intoxicating compound listed in the Use of Intoxicating
22Compounds Act, or methamphetamine as listed in the
23Methamphetamine Control and Community Protection Act.
24    Upon receipt of the sworn report of a law enforcement
25officer, the Secretary shall enter the suspension and
26disqualification to the individual's driving record and the

 

 

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1suspension and disqualification shall be effective on the 46th
2day following the date notice of the suspension was given to
3the person.
4    The law enforcement officer submitting the sworn report
5shall serve immediate notice of this suspension on the person
6and such suspension and disqualification shall be effective on
7the 46th day following the date notice was given.
8    In cases where the blood alcohol concentration of 0.08 or
9more, or any amount of a drug, substance, or intoxicating
10compound resulting from the unlawful use or consumption of
11cannabis as listed in the Cannabis Control Act, a controlled
12substance listed in the Illinois Controlled Substances Act, an
13intoxicating compound listed in the Use of Intoxicating
14Compounds Act, or methamphetamine as listed in the
15Methamphetamine Control and Community Protection Act, is
16established by a subsequent analysis of blood or urine
17collected at the time of arrest, the arresting officer shall
18give notice as provided in this Section or by deposit in the
19United States mail of such notice in an envelope with postage
20prepaid and addressed to such person at his address as shown on
21the Uniform Traffic Ticket and the suspension and
22disqualification shall be effective on the 46th day following
23the date notice was given.
24    Upon receipt of the sworn report of a law enforcement
25officer, the Secretary shall also give notice of the suspension
26and disqualification to the driver by mailing a notice of the

 

 

09900SB0627ham001- 72 -LRB099 03342 RJF 34678 a

1effective date of the suspension and disqualification to the
2individual. However, should the sworn report be defective by
3not containing sufficient information or be completed in error,
4the notice of the suspension and disqualification shall not be
5mailed to the person or entered to the driving record, but
6rather the sworn report shall be returned to the issuing law
7enforcement agency.
8    (e) A driver may contest this suspension of his or her
9driving privileges and disqualification of his or her CDL
10privileges by requesting an administrative hearing with the
11Secretary in accordance with Section 2-118 of this Code. At the
12conclusion of a hearing held under Section 2-118 of this Code,
13the Secretary may rescind, continue, or modify the orders of
14suspension and disqualification. If the Secretary does not
15rescind the orders of suspension and disqualification, a
16restricted driving permit may be granted by the Secretary upon
17application being made and good cause shown. A restricted
18driving permit may be granted to relieve undue hardship to
19allow driving for employment, educational, and medical
20purposes as outlined in Section 6-206 of this Code. The
21provisions of Section 6-206 of this Code shall apply. In
22accordance with 49 C.F.R. 384, the Secretary of State may not
23issue a restricted driving permit for the operation of a
24commercial motor vehicle to a person holding a CDL whose
25driving privileges have been suspended, revoked, cancelled, or
26disqualified.

 

 

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1    (f) (Blank).
2    (g) For the purposes of this Section, a personal injury
3shall include any type A injury as indicated on the traffic
4accident report completed by a law enforcement officer that
5requires immediate professional attention in either a doctor's
6office or a medical facility. A type A injury shall include
7severely bleeding wounds, distorted extremities, and injuries
8that require the injured party to be carried from the scene.
9(Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11;
1097-835, eff. 7-20-12.)
 
11    (625 ILCS 5/11-501.8)
12    Sec. 11-501.8. Suspension of driver's license; persons
13under age 21.
14    (a) A person who is less than 21 years of age and who
15drives or is in actual physical control of a motor vehicle upon
16the public highways of this State shall be deemed to have given
17consent to a chemical test or tests of blood, breath, or urine
18for the purpose of determining the alcohol content of the
19person's blood if arrested, as evidenced by the issuance of a
20Uniform Traffic Ticket for any violation of the Illinois
21Vehicle Code or a similar provision of a local ordinance, if a
22police officer has probable cause to believe that the driver
23has consumed any amount of an alcoholic beverage based upon
24evidence of the driver's physical condition or other first hand
25knowledge of the police officer. The test or tests shall be

 

 

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1administered at the direction of the arresting officer. The law
2enforcement agency employing the officer shall designate which
3of the aforesaid tests shall be administered. A urine test may
4be administered even after a blood or breath test or both has
5been administered.
6    (b) A person who is dead, unconscious, or who is otherwise
7in a condition rendering that person incapable of refusal,
8shall be deemed not to have withdrawn the consent provided by
9paragraph (a) of this Section and the test or tests may be
10administered subject to the following provisions:
11        (i) Chemical analysis of the person's blood, urine,
12    breath, or other bodily substance, to be considered valid
13    under the provisions of this Section, shall have been
14    performed according to standards promulgated by the
15    Department of State Police by an individual possessing a
16    valid permit issued by that Department for this purpose.
17    The Director of State Police is authorized to approve
18    satisfactory techniques or methods, to ascertain the
19    qualifications and competence of individuals to conduct
20    analyses, to issue permits that shall be subject to
21    termination or revocation at the direction of that
22    Department, and to certify the accuracy of breath testing
23    equipment. The Department of State Police shall prescribe
24    regulations as necessary.
25        (ii) When a person submits to a blood test at the
26    request of a law enforcement officer under the provisions

 

 

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1    of this Section, only a physician authorized to practice
2    medicine, a licensed physician assistant, a licensed
3    advanced practice nurse, a registered nurse, or other
4    qualified person trained in venipuncture and acting under
5    the direction of a licensed physician may withdraw blood
6    for the purpose of determining the alcohol content therein.
7    This limitation does not apply to the taking of breath or
8    urine specimens.
9        (iii) The person tested may have a physician, qualified
10    technician, chemist, registered nurse, or other qualified
11    person of his or her own choosing administer a chemical
12    test or tests in addition to any test or tests administered
13    at the direction of a law enforcement officer. The failure
14    or inability to obtain an additional test by a person shall
15    not preclude the consideration of the previously performed
16    chemical test.
17        (iv) Upon a request of the person who submits 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 that person's
21    attorney.
22        (v) Alcohol concentration means either grams of
23    alcohol per 100 milliliters of blood or grams of alcohol
24    per 210 liters of breath.
25        (vi) If a driver is receiving medical treatment as a
26    result of a motor vehicle accident, a physician licensed to

 

 

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1    practice medicine, licensed physician assistant, licensed
2    advanced practice nurse, registered nurse, or other
3    qualified person trained in venipuncture and acting under
4    the direction of a licensed physician shall withdraw blood
5    for testing purposes to ascertain the presence of alcohol
6    upon the specific request of a law enforcement officer.
7    However, that testing shall not be performed until, in the
8    opinion of the medical personnel on scene, the withdrawal
9    can be made without interfering with or endangering the
10    well-being of the patient.
11    (c) A person requested to submit to a test as provided
12above shall be warned by the law enforcement officer requesting
13the test that a refusal to submit to the test, or submission to
14the test resulting in an alcohol concentration of more than
150.00, may result in the loss of that person's privilege to
16operate a motor vehicle and may result in the disqualification
17of the person's privilege to operate a commercial motor
18vehicle, as provided in Section 6-514 of this Code, if the
19person is a CDL holder. The loss of driving privileges shall be
20imposed in accordance with Section 6-208.2 of this Code.
21    A person requested to submit to a test shall also
22acknowledge, in writing, receipt of the warning required under
23this Section. If the person refuses to acknowledge receipt of
24the warning, the law enforcement officer shall make a written
25notation on the warning that the person refused to sign the
26warning. A person's refusal to sign the warning shall not be

 

 

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1evidence that the person was not read the warning.
2    (d) If the person refuses testing or submits to a test that
3discloses an alcohol concentration of more than 0.00, the law
4enforcement officer shall immediately submit a sworn report to
5the Secretary of State on a form prescribed by the Secretary of
6State, certifying that the test or tests were requested under
7subsection (a) and the person refused to submit to a test or
8tests or submitted to testing which disclosed an alcohol
9concentration of more than 0.00. The law enforcement officer
10shall submit the same sworn report when a person under the age
11of 21 submits to testing under Section 11-501.1 of this Code
12and the testing discloses an alcohol concentration of more than
130.00 and less than 0.08.
14    Upon receipt of the sworn report of a law enforcement
15officer, the Secretary of State shall enter the suspension and
16disqualification on the individual's driving record and the
17suspension and disqualification shall be effective on the 46th
18day following the date notice of the suspension was given to
19the person. If this suspension is the individual's first
20driver's license suspension under this Section, reports
21received by the Secretary of State under this Section shall,
22except during the time the suspension is in effect, be
23privileged information and for use only by the courts, police
24officers, prosecuting authorities, the Secretary of State, or
25the individual personally, unless the person is a CDL holder,
26is operating a commercial motor vehicle or vehicle required to

 

 

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1be placarded for hazardous materials, in which case the
2suspension shall not be privileged. Reports received by the
3Secretary of State under this Section shall also be made
4available to the parent or guardian of a person under the age
5of 18 years that holds an instruction permit or a graduated
6driver's license, regardless of whether the suspension is in
7effect.
8    The law enforcement officer submitting the sworn report
9shall serve immediate notice of this suspension on the person
10and the suspension and disqualification shall be effective on
11the 46th day following the date notice was given.
12    In cases where the blood alcohol concentration of more than
130.00 is established by a subsequent analysis of blood or urine,
14the police officer or arresting agency shall give notice as
15provided in this Section or by deposit in the United States
16mail of that notice in an envelope with postage prepaid and
17addressed to that person at his last known address and the loss
18of driving privileges shall be effective on the 46th day
19following the date notice was given.
20    Upon receipt of the sworn report of a law enforcement
21officer, the Secretary of State shall also give notice of the
22suspension and disqualification to the driver by mailing a
23notice of the effective date of the suspension and
24disqualification to the individual. However, should the sworn
25report be defective by not containing sufficient information or
26be completed in error, the notice of the suspension and

 

 

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1disqualification shall not be mailed to the person or entered
2to the driving record, but rather the sworn report shall be
3returned to the issuing law enforcement agency.
4    (e) A driver may contest this suspension and
5disqualification by requesting an administrative hearing with
6the Secretary of State in accordance with Section 2-118 of this
7Code. An individual whose blood alcohol concentration is shown
8to be more than 0.00 is not subject to this Section if he or she
9consumed alcohol in the performance of a religious service or
10ceremony. An individual whose blood alcohol concentration is
11shown to be more than 0.00 shall not be subject to this Section
12if the individual's blood alcohol concentration resulted only
13from ingestion of the prescribed or recommended dosage of
14medicine that contained alcohol. The petition for that hearing
15shall not stay or delay the effective date of the impending
16suspension. The scope of this hearing shall be limited to the
17issues of:
18        (1) whether the police officer had probable cause to
19    believe that the person was driving or in actual physical
20    control of a motor vehicle upon the public highways of the
21    State and the police officer had reason to believe that the
22    person was in violation of any provision of the Illinois
23    Vehicle Code or a similar provision of a local ordinance;
24    and
25        (2) whether the person was issued a Uniform Traffic
26    Ticket for any violation of the Illinois Vehicle Code or a

 

 

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1    similar provision of a local ordinance; and
2        (3) whether the police officer had probable cause to
3    believe that the driver had consumed any amount of an
4    alcoholic beverage based upon the driver's physical
5    actions or other first-hand knowledge of the police
6    officer; and
7        (4) whether the person, after being advised by the
8    officer that the privilege to operate a motor vehicle would
9    be suspended if the person refused to submit to and
10    complete the test or tests, did refuse to submit to or
11    complete the test or tests to determine the person's
12    alcohol concentration; and
13        (5) whether the person, after being advised by the
14    officer that the privileges to operate a motor vehicle
15    would be suspended if the person submits to a chemical test
16    or tests and the test or tests disclose an alcohol
17    concentration of more than 0.00, did submit to and complete
18    the test or tests that determined an alcohol concentration
19    of more than 0.00; and
20        (6) whether the test result of an alcohol concentration
21    of more than 0.00 was based upon the person's consumption
22    of alcohol in the performance of a religious service or
23    ceremony; and
24        (7) whether the test result of an alcohol concentration
25    of more than 0.00 was based upon the person's consumption
26    of alcohol through ingestion of the prescribed or

 

 

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1    recommended dosage of medicine.
2    At the conclusion of the hearing held under Section 2-118
3of this Code, the Secretary of State may rescind, continue, or
4modify the suspension and disqualification. If the Secretary of
5State does not rescind the suspension and disqualification, a
6restricted driving permit may be granted by the Secretary of
7State upon application being made and good cause shown. A
8restricted driving permit may be granted to relieve undue
9hardship by allowing driving for employment, educational, and
10medical purposes as outlined in item (3) of part (c) of Section
116-206 of this Code. The provisions of item (3) of part (c) of
12Section 6-206 of this Code and of subsection (f) of that
13Section shall apply. The Secretary of State shall promulgate
14rules providing for participation in an alcohol education and
15awareness program or activity, a drug education and awareness
16program or activity, or both as a condition to the issuance of
17a restricted driving permit for suspensions imposed under this
18Section.
19    (f) The results of any chemical testing performed in
20accordance with subsection (a) of this Section are not
21admissible in any civil or criminal proceeding, except that the
22results of the testing may be considered at a hearing held
23under Section 2-118 of this Code. However, the results of the
24testing may not be used to impose driver's license sanctions
25under Section 11-501.1 of this Code. A law enforcement officer
26may, however, pursue a statutory summary suspension or

 

 

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1revocation of driving privileges under Section 11-501.1 of this
2Code if other physical evidence or first hand knowledge forms
3the basis of that suspension or revocation.
4    (g) This Section applies only to drivers who are under age
521 at the time of the issuance of a Uniform Traffic Ticket for
6a violation of the Illinois Vehicle Code or a similar provision
7of a local ordinance, and a chemical test request is made under
8this Section.
9    (h) The action of the Secretary of State in suspending,
10revoking, cancelling, or disqualifying any license or permit
11shall be subject to judicial review in the Circuit Court of
12Sangamon County or in the Circuit Court of Cook County, and the
13provisions of the Administrative Review Law and its rules are
14hereby adopted and shall apply to and govern every action for
15the judicial review of final acts or decisions of the Secretary
16of State under this Section.
17(Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11;
1897-333, eff. 8-12-11; 97-450, eff. 8-19-11.)".