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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
90_HB1388eng
625 ILCS 5/6-106.3 from Ch. 95 1/2, par. 6-106.3
Amends the Illinois Vehicle Code to make a technical
change to a provision concerning requirements for a driver
transporting senior citizens.
LRB9003049NTsb
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1 AN ACT to amend the Illinois Vehicle Code by adding
2 Sections 6-106.1a and 6-106.1b.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 adding Sections 6-106.1a and 6-106.1b as follows:
7 (625 ILCS 5/6-106.1a new)
8 Sec. 6-106.1a. Cancellation of school bus driver permit;
9 trace of alcohol.
10 (a) A person who has been issued a school bus driver
11 permit by the Secretary of State in accordance with Section
12 6-106.1 of this Code and who drives or is in actual physical
13 control of a school bus or any other vehicle owned or
14 operated by or for a public or private school, or a school
15 operated by a religious institution, when the vehicle is
16 being used over a regularly scheduled route for the
17 transportation of persons enrolled as students in grade 12 or
18 below, in connection with any activity of the entities
19 listed, upon the public highways of this State shall be
20 deemed to have given consent to a chemical test or tests of
21 blood, breath, or urine for the purpose of determining the
22 alcohol content of the person's blood if arrested, as
23 evidenced by the issuance of a Uniform Traffic Ticket for
24 any violation of this Code or a similar provision of a local
25 ordinance, if a police officer has probable cause to believe
26 that the driver has consumed any amount of an alcoholic
27 beverage based upon evidence of the driver's physical
28 condition or other first hand knowledge of the police
29 officer. The test or tests shall be administered at the
30 direction of the arresting officer. The law enforcement
31 agency employing the officer shall designate which of the
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1 aforesaid tests shall be administered. A urine test may be
2 administered even after a blood or breath test or both has
3 been administered.
4 (b) A person who is dead, unconscious, or who is
5 otherwise in a condition rendering that person incapable of
6 refusal, shall be deemed not to have withdrawn the consent
7 provided by paragraph (a) of this Section and the test or
8 tests may be administered subject to the following
9 provisions:
10 (1) Chemical analysis of the person's blood, urine,
11 breath, or other substance, to be considered valid under
12 the provisions of this Section, shall have been
13 performed according to standards promulgated by the
14 Department of Public Health, in consultation with the
15 Department of State Police, by an individual possessing a
16 valid permit issued by the Department of Public Health
17 for this purpose. The Director of Public Health, in
18 consultation with the Department of State Police, is
19 authorized to approve satisfactory techniques or methods,
20 to ascertain the qualifications and competence of
21 individuals to conduct analyses, to issue permits that
22 shall be subject to termination or revocation at the
23 direction of the Department of Public Health, and to
24 certify the accuracy of breath testing equipment. The
25 Department of Public Health shall prescribe rules as
26 necessary.
27 (2) When a person submits to a blood test at the
28 request of a law enforcement officer under the provisions
29 of this Section, only a physician authorized to practice
30 medicine, a registered nurse, or other qualified person
31 trained in venipuncture and acting under the direction of
32 a licensed physician may withdraw blood for the purpose
33 of determining the alcohol content. This limitation does
34 not apply to the taking of breath or urine specimens.
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1 (3) The person tested may have a physician,
2 qualified technician, chemist, registered nurse, or other
3 qualified person of his or her own choosing administer a
4 chemical test or tests in addition to any test or tests
5 administered at the direction of a law enforcement
6 officer. The test administered at the request of the
7 person may be admissible into evidence at a hearing
8 conducted in accordance with Section 2-118 of this Code.
9 The failure or inability to obtain an additional test by
10 a person shall not preclude the consideration of the
11 previously performed chemical test.
12 (4) Upon a request of the person who submits to a
13 chemical test or tests at the request of a law
14 enforcement officer, full information concerning the test
15 or tests shall be made available to the person or that
16 person's attorney by the requesting law enforcement
17 agency within 72 hours of receipt of the test result.
18 (5) Alcohol concentration means either grams of
19 alcohol per 100 milliliters of blood or grams of alcohol
20 per 210 liters of breath.
21 (6) If a driver is receiving medical treatment as a
22 result of a motor vehicle accident, a physician licensed
23 to practice medicine, registered nurse, or other
24 qualified person trained in venipuncture and acting under
25 the direction of a licensed physician shall withdraw
26 blood for testing purposes to ascertain the presence of
27 alcohol upon the specific request of a law enforcement
28 officer. However, that testing shall not be performed
29 until, in the opinion of the medical personnel on scene,
30 the withdrawal can be made without interfering with or
31 endangering the well-being of the patient.
32 (c) A person requested to submit to a test as provided
33 in this Section shall be warned by the law enforcement
34 officer requesting the test that a refusal to submit to the
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1 test, or submission to the test resulting in an alcohol
2 concentration of more than 0.00, may result in the loss of
3 that person's privilege to possess a school bus driver
4 permit. The loss of the individual's privilege to possess a
5 school bus driver permit shall be imposed in accordance with
6 Section 6-106.1b of this Code.
7 (d) If the person refuses testing or submits to a test
8 that discloses an alcohol concentration of more than 0.00,
9 the law enforcement officer shall immediately submit a sworn
10 report to the Secretary of State on a form prescribed by the
11 Secretary of State certifying that the test or tests were
12 requested under subsection (a) and the person refused to
13 submit to a test or tests or submitted to testing which
14 disclosed an alcohol concentration of more than 0.00. The
15 law enforcement officer shall submit the same sworn report
16 when a person who has been issued a school bus driver permit
17 and who was operating a school bus or any other vehicle owned
18 or operated by or for a public or private school, or a school
19 operated by a religious institution, when the vehicle is
20 being used over a regularly scheduled route for the
21 transportation of persons enrolled as students in grade 12 or
22 below, in connection with any activity of the entities
23 listed, submits to testing under Section 11-501.1 of this
24 Code and the testing discloses an alcohol concentration of
25 more than 0.00 and less than 0.10.
26 Upon receipt of the sworn report of a law enforcement
27 officer, the Secretary of State shall enter the school bus
28 driver permit sanction on the individual's driving record and
29 the sanction shall be effective on the 46th day following the
30 date notice of the sanction was given to the person.
31 The law enforcement officer submitting the sworn report
32 shall serve immediate notice of this school bus driver permit
33 sanction on the person and the sanction shall be effective on
34 the 46th day following the date notice was given.
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1 In cases where the blood alcohol concentration of more
2 than 0.00 is established by a subsequent analysis of blood or
3 urine, the police officer or arresting agency shall give
4 notice as provided in this Section or by deposit in the
5 United States mail of that notice in an envelope with postage
6 prepaid and addressed to that person at his or her last known
7 address and the loss of the school bus driver permit shall be
8 effective on the 46th day following the date notice was
9 given.
10 Upon receipt of the sworn report of a law enforcement
11 officer, the Secretary of State shall also give notice of the
12 school bus driver permit sanction to the driver and the
13 driver's current employer by mailing a notice of the
14 effective date of the sanction to the individual. However,
15 shall the sworn report be defective by not containing
16 sufficient information or be completed in error, the notice
17 of the school bus driver permit sanction may not be mailed to
18 the person or his current employer or entered to the driving
19 record, but rather the sworn report shall be returned to the
20 issuing law enforcement agency.
21 (e) A driver may contest this school bus driver permit
22 sanction by requesting an administrative hearing with the
23 Secretary of State in accordance with Section 2-118 of this
24 Code. An individual whose blood alcohol concentration is
25 shown to be more than 0.00 is not subject to this Section if
26 he or she consumed alcohol in the performance of a religious
27 service or ceremony. An individual whose blood alcohol
28 concentration is shown to be more than 0.00 shall not be
29 subject to this Section if the individual's blood alcohol
30 concentration resulted only from ingestion of the prescribed
31 or recommended dosage of medicine that contained alcohol.
32 The petition for that hearing shall not stay or delay the
33 effective date of the impending suspension. The scope of this
34 hearing shall be limited to the issues of:
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1 (1) whether the police officer had probable cause
2 to believe that the person was driving or in actual
3 physical control of a school bus or any other vehicle
4 owned or operated by or for a public or private school,
5 or a school operated by a religious institution, when
6 the vehicle is being used over a regularly scheduled
7 route for the transportation of persons enrolled as
8 students in grade 12 or below, in connection with any
9 activity of the entities listed, upon the public highways
10 of the State and the police officer had reason to believe
11 that the person was in violation of any provision of this
12 Code or a similar 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
17 to 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
24 to and complete the test or tests, did refuse to submit
25 to or complete the test or tests to determine the
26 person's alcohol concentration; and
27 (5) whether the person, after being advised by the
28 officer that the privileges to possess a school bus
29 driver permit would be canceled if the person submits to
30 a chemical test or tests and the test or tests disclose
31 an alcohol concentration of more than 0.00 and the
32 person did submit to and complete the test or tests that
33 determined an alcohol concentration of more than 0.00;
34 and
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1 (6) whether the test result of an alcohol
2 concentration of more than 0.00 was based upon the
3 person's consumption of alcohol in the performance of a
4 religious service or ceremony; and
5 (7) whether the test result of an alcohol
6 concentration of more than 0.00 was based upon the
7 person's consumption of alcohol through ingestion of the
8 prescribed or recommended dosage of medicine.
9 The Secretary of State may adopt administrative rules
10 setting forth circumstances under which the holder of a
11 school bus driver permit is not required to appear in person
12 at the hearing.
13 Provided that the petitioner may subpoena the officer,
14 the hearing may be conducted upon a review of the law
15 enforcement officer's own official reports. Failure of the
16 officer to answer the subpoena shall be grounds for a
17 continuance if, in the hearing officer's discretion, the
18 continuance is appropriate. At the conclusion of the hearing
19 held under Section 2-118 of this Code, the Secretary of State
20 may rescind, continue, or modify the school bus driver
21 permit sanction.
22 (f) The results of any chemical testing performed in
23 accordance with subsection (a) of this Section are not
24 admissible in any civil or criminal proceeding, except that
25 the results of the testing may be considered at a hearing
26 held under Section 2-118 of this Code. However, the results
27 of the testing may not be used to impose driver's license
28 sanctions under Section 11-501.1 of this Code. A law
29 enforcement officer may, however, pursue a statutory summary
30 suspension of driving privileges under Section 11-501.1 of
31 this Code if other physical evidence or first hand knowledge
32 forms the basis of that suspension.
33 (g) This Section applies only to drivers who have been
34 issued a school bus driver permit in accordance with Section
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1 6-106.1 of this Code at the time of the issuance of the
2 Uniform Traffic Ticket for a violation of this Code or a
3 similar provision of a local ordinance, and a chemical test
4 request is made under this Section.
5 (h) The action of the Secretary of State in suspending,
6 revoking, canceling, or denying any license, permit,
7 registration, or certificate of title shall be subject to
8 judicial review in the Circuit Court of Sangamon County or in
9 the Circuit Court of Cook County, and the provisions of the
10 Administrative Review Law and its rules are hereby adopted
11 and shall apply to and govern every action for the judicial
12 review of final acts or decisions of the Secretary of State
13 under this Section.
14 (625 ILCS 5/6-106.1b new)
15 Sec. 6-106.1b. Loss of school bus driver permit
16 privileges; failure or refusal to submit to chemical testing.
17 Unless the loss of school bus driver permit privileges based
18 upon consumption of alcohol by an individual who has been
19 issued a school bus driver permit in accordance with Section
20 6-106.1 of this Code or refusal to submit to testing has been
21 rescinded by the Secretary of State in accordance with
22 subsection (c) of Section 6-206 of this Code, a person whose
23 privilege to possess a school bus driver permit has been
24 canceled under Section 6-106.1a is not eligible for
25 restoration of the privilege until the expiration of 3 years
26 from the effective date of the cancellation for a person who
27 has refused or failed to complete a test or tests to
28 determine blood alcohol concentration or has submitted to
29 testing with a blood alcohol concentration of 0.00 or more.
30 Section 99. Effective date. This Act takes effect on
31 January 1, 1998.