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90_HB1388ham001
LRB9003049NTsbam01
1 AMENDMENT TO HOUSE BILL 1388
2 AMENDMENT NO. . Amend House Bill 1388 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by adding
5 Sections 6-106.1a and 6-106.1b."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 adding Sections 6-106.1a and 6-106.1b as follows:
10 (625 ILCS 5/6-106.1a new)
11 Sec. 6-106.1a. Cancellation of school bus driver permit;
12 trace of alcohol.
13 (a) A person who has been issued a school bus driver
14 permit by the Secretary of State in accordance with Section
15 6-106.1 of this Code and who drives or is in actual physical
16 control of a school bus or any other vehicle owned or
17 operated by or for a public or private school, or a school
18 operated by a religious institution, when the vehicle is
19 being used over a regularly scheduled route for the
20 transportation of persons enrolled as students in grade 12 or
21 below, in connection with any activity of the entities
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1 listed, upon the public highways of this State shall be
2 deemed to have given consent to a chemical test or tests of
3 blood, breath, or urine for the purpose of determining the
4 alcohol content of the person's blood if arrested, as
5 evidenced by the issuance of a Uniform Traffic Ticket for
6 any violation of this Code or a similar provision of a local
7 ordinance, if a police officer has probable cause to believe
8 that the driver has consumed any amount of an alcoholic
9 beverage based upon evidence of the driver's physical
10 condition or other first hand knowledge of the police
11 officer. The test or tests shall be administered at the
12 direction of the arresting officer. The law enforcement
13 agency employing the officer shall designate which of the
14 aforesaid tests shall be administered. A urine test may be
15 administered even after a blood or breath test or both has
16 been administered.
17 (b) A person who is dead, unconscious, or who is
18 otherwise in a condition rendering that person incapable of
19 refusal, shall be deemed not to have withdrawn the consent
20 provided by paragraph (a) of this Section and the test or
21 tests may be administered subject to the following
22 provisions:
23 (1) Chemical analysis of the person's blood, urine,
24 breath, or other substance, to be considered valid under
25 the provisions of this Section, shall have been
26 performed according to standards promulgated by the
27 Department of Public Health, in consultation with the
28 Department of State Police, by an individual possessing a
29 valid permit issued by the Department of Public Health
30 for this purpose. The Director of Public Health, in
31 consultation with the Department of State Police, is
32 authorized to approve satisfactory techniques or methods,
33 to ascertain the qualifications and competence of
34 individuals to conduct analyses, to issue permits that
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1 shall be subject to termination or revocation at the
2 direction of the Department of Public Health, and to
3 certify the accuracy of breath testing equipment. The
4 Department of Public Health shall prescribe rules as
5 necessary.
6 (2) When a person submits to a blood test at the
7 request of a law enforcement officer under the provisions
8 of this Section, only a physician authorized to practice
9 medicine, a registered nurse, or other qualified person
10 trained in venipuncture and acting under the direction of
11 a licensed physician may withdraw blood for the purpose
12 of determining the alcohol content. This limitation does
13 not apply to the taking of breath or urine specimens.
14 (3) The person tested may have a physician,
15 qualified technician, chemist, registered nurse, or other
16 qualified person of his or her own choosing administer a
17 chemical test or tests in addition to any test or tests
18 administered at the direction of a law enforcement
19 officer. The test administered at the request of the
20 person may be admissible into evidence at a hearing
21 conducted in accordance with Section 2-118 of this Code.
22 The failure or inability to obtain an additional test by
23 a person shall not preclude the consideration of the
24 previously performed chemical test.
25 (4) Upon a request of the person who submits to a
26 chemical test or tests at the request of a law
27 enforcement officer, full information concerning the test
28 or tests shall be made available to the person or that
29 person's attorney by the requesting law enforcement
30 agency within 72 hours of receipt of the test result.
31 (5) Alcohol concentration means either grams of
32 alcohol per 100 milliliters of blood or grams of alcohol
33 per 210 liters of breath.
34 (6) If a driver is receiving medical treatment as a
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1 result of a motor vehicle accident, a physician licensed
2 to practice medicine, registered nurse, or other
3 qualified person trained in venipuncture and acting under
4 the direction of a licensed physician shall withdraw
5 blood for testing purposes to ascertain the presence of
6 alcohol upon the specific request of a law enforcement
7 officer. However, that testing shall not be performed
8 until, in the opinion of the medical personnel on scene,
9 the withdrawal can be made without interfering with or
10 endangering the well-being of the patient.
11 (c) A person requested to submit to a test as provided
12 in this Section shall be warned by the law enforcement
13 officer requesting the test that a refusal to submit to the
14 test, or submission to the test resulting in an alcohol
15 concentration of more than 0.00, may result in the loss of
16 that person's privilege to possess a school bus driver
17 permit. The loss of the individual' privilege to possess a
18 school bus driver permit shall be imposed in accordance with
19 Section 6-106.1b of this Code.
20 (d) If the person refuses testing or submits to a test
21 that discloses an alcohol concentration of more than 0.00,
22 the law enforcement officer shall immediately submit a sworn
23 report to the Secretary of State on a form prescribed by the
24 Secretary of State certifying that the test or tests were
25 requested under subsection (a) and the person refused to
26 submit to a test or tests or submitted to testing which
27 disclosed an alcohol concentration of more than 0.00. The
28 law enforcement officer shall submit the same sworn report
29 when a person who has been issued a school bus driver permit
30 and who was operating a school bus or any other vehicle owned
31 or operated by or for a public or private school, or a school
32 operated by a religious institution, when the vehicle is
33 being used over a regularly scheduled route for the
34 transportation of persons enrolled as students in grade 12 or
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1 below, in connection with any activity of the entities
2 listed, submits to testing under Section 11-501.1 of this
3 Code and the testing discloses an alcohol concentration of
4 more than 0.00 and less than 0.10.
5 Upon receipt of the sworn report of a law enforcement
6 officer, the Secretary of State shall enter the school bus
7 driver permit sanction on the individual's driving record and
8 the sanction shall be effective on the 46th day following the
9 date notice of the sanction was given to the person.
10 The law enforcement officer submitting the sworn report
11 shall serve immediate notice of this school bus driver permit
12 sanction on the person and the sanction shall be effective on
13 the 46th day following the date notice was given.
14 In cases where the blood alcohol concentration of more
15 than 0.00 is established by a subsequent analysis of blood or
16 urine, the police officer or arresting agency shall give
17 notice as provided in this Section or by deposit in the
18 United States mail of that notice in an envelope with postage
19 prepaid and addressed to that person at his or her last known
20 address and the loss of the school bus driver permit shall be
21 effective on the 46th day following the date notice was
22 given.
23 Upon receipt of the sworn report of a law enforcement
24 officer, the Secretary of State shall also give notice of the
25 school bus driver permit sanction to the driver and the
26 driver's current employer by mailing a notice of the
27 effective date of the sanction to the individual. However,
28 shall the sworn report be defective by not containing
29 sufficient information or be completed in error, the notice
30 of the school bus driver permit sanction may not be mailed to
31 the person or his current employer or entered to the driving
32 record, but rather the sworn report shall be returned to the
33 issuing law enforcement agency.
34 (e) A driver may contest this school bus driver permit
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1 sanction by requesting an administrative hearing with the
2 Secretary of State in accordance with Section 2-118 of this
3 Code. An individual whose blood alcohol concentration is
4 shown to be more than 0.00 is not subject to this Section if
5 he or she consumed alcohol in the performance of a religious
6 service or ceremony. An individual whose blood alcohol
7 concentration is shown to be more than 0.00 shall not be
8 subject to this Section if the individual's blood alcohol
9 concentration resulted only from ingestion of the prescribed
10 or recommended dosage of medicine that contained alcohol.
11 The petition for that hearing shall not stay or delay the
12 effective date of the impending suspension. The scope of this
13 hearing shall be limited to the issues of:
14 (1) whether the police officer had probable cause
15 to believe that the person was driving or in actual
16 physical control of a school bus or any other vehicle
17 owned or operated by or for a public or private school,
18 or a school operated by a religious institution, when
19 the vehicle is being used over a regularly scheduled
20 route for the transportation of persons enrolled as
21 students in grade 12 or below, in connection with any
22 activity of the entities listed, upon the public highways
23 of the State and the police officer had reason to believe
24 that the person was in violation of any provision of this
25 Code or a similar provision of a local ordinance; and
26 (2) whether the person was issued a Uniform Traffic
27 Ticket for any violation of this Code or a similar
28 provision of a local ordinance; and
29 (3) whether the police officer had probable cause
30 to believe that the driver had consumed any amount of an
31 alcoholic beverage based upon the driver's physical
32 actions or other first-hand knowledge of the police
33 officer; and
34 (4) whether the person, after being advised by the
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1 officer that the privilege to possess a school bus driver
2 permit would be canceled if the person refused to submit
3 to and complete the test or tests, did refuse to submit
4 to or complete the test or tests to determine the
5 person's alcohol concentration; and
6 (5) whether the person, after being advised by the
7 officer that the privileges to possess a school bus
8 driver permit would be canceled if the person submits to
9 a chemical test or tests and the test or tests disclose
10 an alcohol concentration of more than 0.00 and the
11 person did submit to and complete the test or tests that
12 determined an alcohol concentration of more than 0.00;
13 and
14 (6) whether the test result of an alcohol
15 concentration of more than 0.00 was based upon the
16 person's consumption of alcohol in the performance of a
17 religious service or ceremony; and
18 (7) whether the test result of an alcohol
19 concentration of more than 0.00 was based upon the
20 person's consumption of alcohol through ingestion of the
21 prescribed or recommended dosage of medicine.
22 The Secretary of State may adopt administrative rules
23 setting forth circumstances under which the holder of a
24 school bus driver permit is not required to appear in person
25 at the hearing.
26 Provided that the petitioner may subpoena the officer,
27 the hearing may be conducted upon a review of the law
28 enforcement officer's own official reports. Failure of the
29 officer to answer the subpoena shall be grounds for a
30 continuance if, in the hearing officer's discretion, the
31 continuance is appropriate. At the conclusion of the hearing
32 held under Section 2-118 of this Code, the Secretary of State
33 may rescind, continue, or modify the school bus driver
34 permit sanction.
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1 (f) The results of any chemical testing performed in
2 accordance with subsection (a) of this Section are not
3 admissible in any civil or criminal proceeding, except that
4 the results of the testing may be considered at a hearing
5 held under Section 2-118 of this Code. However, the results
6 of the testing may not be used to impose driver's license
7 sanctions under Section 11-501.1 of this Code. A law
8 enforcement officer may, however, pursue a statutory summary
9 suspension of driving privileges under Section 11-501.1 of
10 this Code if other physical evidence or first hand knowledge
11 forms the basis of that suspension.
12 (g) This Section applies only to drivers who have been
13 issued a school bus driver permit in accordance with Section
14 6-106.1 of this Code at the time of the issuance of the
15 Uniform Traffic Ticket for a violation of this Code or a
16 similar provision of a local ordinance, and a chemical test
17 request is made under this Section.
18 (h) The action of the Secretary of State in suspending,
19 revoking, canceling, or denying any license, permit,
20 registration, or certificate of title shall be subject to
21 judicial review in the Circuit Court of Sangamon County or in
22 the Circuit Court of Cook County, and the provisions of the
23 Administrative Review Law and its rules are hereby adopted
24 and shall apply to and govern every action for the judicial
25 review of final acts or decisions of the Secretary of State
26 under this Section.
27 (625 ILCS 5/6-106.1b new)
28 Sec. 6-106.1b. Loss of school bus driver permit
29 privileges; failure or refusal to submit to chemical testing.
30 Unless the loss of school bus driver permit privileges based
31 upon consumption of alcohol by an individual who has been
32 issued a school bus driver permit in accordance with Section
33 6-106.1 of this Code or refusal to submit to testing has been
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1 rescinded by the Secretary of State in accordance with
2 subsection (c) of Section 6-206 of this Code, a person whose
3 privilege to possess a school bus driver permit has been
4 canceled under Section 6-106.1a is not eligible for
5 restoration of the privilege until the expiration of 3 years
6 from the effective date of the cancellation for a person who
7 has refused or failed to complete a test or tests to
8 determine blood alcohol concentration or has submitted to
9 testing with a blood alcohol concentration of 0.00 or more.
10 Section 99. Effective date. This Act takes effect on
11 January 1, 1998.".