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90_HB3687
625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
625 ILCS 5/11-501.9 new
Amends the Illinois Vehicle Code. Provides that a person
who drives or is in actual physical control of a motor
vehicle upon the public highways of this State shall be
deemed to have given consent to a standardized field sobriety
test if a law enforcement officer has reasonable suspicion of
the driver's intoxication. Provides that the results of the
test may be used by the defendant as evidence in an
administrative or court proceeding involving DUI or implied
consent. Provides for suspension of a driver's license if a
person refuses the field sobriety test.
LRB9010730RCks
LRB9010730RCks
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-206 and adding Section 11-501.9.
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 changing Section 6-206 and adding Section 11-501.9 as
7 follows:
8 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
9 Sec. 6-206. Discretionary authority to suspend or revoke
10 license or permit; Right to a hearing.
11 (a) The Secretary of State is authorized to suspend or
12 revoke the driving privileges of any person without
13 preliminary hearing upon a showing of the person's records or
14 other sufficient evidence that the person:
15 1. Has committed an offense for which mandatory
16 revocation of a driver's license or permit is required
17 upon conviction;
18 2. Has been convicted of not less than 3 offenses
19 against traffic regulations governing the movement of
20 vehicles committed within any 12 month period. No
21 revocation or suspension shall be entered more than 6
22 months after the date of last conviction;
23 3. Has been repeatedly involved as a driver in
24 motor vehicle collisions or has been repeatedly convicted
25 of offenses against laws and ordinances regulating the
26 movement of traffic, to a degree that indicates lack of
27 ability to exercise ordinary and reasonable care in the
28 safe operation of a motor vehicle or disrespect for the
29 traffic laws and the safety of other persons upon the
30 highway;
31 4. Has by the unlawful operation of a motor vehicle
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1 caused or contributed to an accident resulting in death
2 or injury requiring immediate professional treatment in a
3 medical facility or doctor's office to any person, except
4 that any suspension or revocation imposed by the
5 Secretary of State under the provisions of this
6 subsection shall start no later than 6 months after being
7 convicted of violating a law or ordinance regulating the
8 movement of traffic, which violation is related to the
9 accident, or shall start not more than one year after the
10 date of the accident, whichever date occurs later;
11 5. Has permitted an unlawful or fraudulent use of a
12 driver's license, identification card, or permit;
13 6. Has been lawfully convicted of an offense or
14 offenses in another state, including the authorization
15 contained in Section 6-203.1, which if committed within
16 this State would be grounds for suspension or revocation;
17 7. Has refused or failed to submit to an
18 examination provided for by Section 6-207 or has failed
19 to pass the examination;
20 8. Is ineligible for a driver's license or permit
21 under the provisions of Section 6-103;
22 9. Has made a false statement or knowingly
23 concealed a material fact or has used false information
24 or identification in any application for a license,
25 identification card, or permit;
26 10. Has possessed, displayed, or attempted to
27 fraudulently use any license, identification card, or
28 permit not issued to the person;
29 11. Has operated a motor vehicle upon a highway of
30 this State when the person's driving privilege or
31 privilege to obtain a driver's license or permit was
32 revoked or suspended unless the operation was authorized
33 by a judicial driving permit, probationary license to
34 drive, or a restricted driving permit issued under this
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1 Code;
2 12. Has submitted to any portion of the application
3 process for another person or has obtained the services
4 of another person to submit to any portion of the
5 application process for the purpose of obtaining a
6 license, identification card, or permit for some other
7 person;
8 13. Has operated a motor vehicle upon a highway of
9 this State when the person's driver's license or permit
10 was invalid under the provisions of Sections 6-107.1 and
11 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
14 14B of the Illinois Identification Card Act;
15 15. Has been convicted of violating Section 21-2 of
16 the Criminal Code of 1961 relating to criminal trespass
17 to vehicles in which case, the suspension shall be for
18 one year;
19 16. Has been convicted of violating Section 11-204
20 of this Code relating to fleeing from a police 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
23 person has not sought a hearing as provided for in
24 Section 11-501.1;
25 18. Has, since issuance of a driver's license or
26 permit, been adjudged to be afflicted with or suffering
27 from any mental disability or disease;
28 19. Has committed a violation of paragraph (a) or
29 (b) of Section 6-101 relating to driving without a
30 driver's license;
31 20. Has been convicted of violating Section 6-104
32 relating to classification of driver's license;
33 21. Has been convicted of violating Section 11-402
34 of this Code relating to leaving the scene of an accident
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1 resulting in damage to a vehicle in excess of $1,000, in
2 which case the suspension shall be for one year;
3 22. Has used a motor vehicle in violating paragraph
4 (3), (4), (7), or (9) of subsection (a) of Section 24-1
5 of the Criminal Code of 1961 relating to unlawful use of
6 weapons, in which case the suspension shall be for one
7 year;
8 23. Has, as a driver, been convicted of committing
9 a violation of paragraph (a) of Section 11-502 of this
10 Code for a second or subsequent time within one year of a
11 similar violation;
12 24. Has been convicted by a court-martial or
13 punished by non-judicial punishment by military
14 authorities of the United States at a military
15 installation in Illinois of or for a traffic related
16 offense that is the same as or similar to an offense
17 specified under Section 6-205 or 6-206 of this Code;
18 25. Has permitted any form of identification to be
19 used by another in the application process in order to
20 obtain or attempt to obtain a license, identification
21 card, or permit;
22 26. Has altered or attempted to alter a license or
23 has possessed an altered license, identification card, or
24 permit;
25 27. Has violated Section 6-16 of the Liquor Control
26 Act of 1934;
27 28. Has been convicted of the illegal possession,
28 while operating or in actual physical control, as a
29 driver, of a motor vehicle, of any controlled substance
30 prohibited under the Illinois Controlled Substances Act
31 or any cannabis prohibited under the provisions of the
32 Cannabis Control Act, in which case the person's driving
33 privileges shall be suspended for one year, and any
34 driver who is convicted of a second or subsequent
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1 offense, within 5 years of a previous conviction, for the
2 illegal possession, while operating or in actual physical
3 control, as a driver, of a motor vehicle, of any
4 controlled substance prohibited under the provisions of
5 the Illinois Controlled Substances Act or any cannabis
6 prohibited under the Cannabis Control Act shall be
7 suspended for 5 years. Any defendant found guilty of this
8 offense while operating a motor vehicle, shall have an
9 entry made in the court record by the presiding judge
10 that this offense did occur while the defendant was
11 operating a motor vehicle and order the clerk of the
12 court to report the violation to the Secretary of State;
13 29. Has been convicted of the following offenses
14 that were committed while the person was operating or in
15 actual physical control, as a driver, of a motor vehicle:
16 criminal sexual assault, predatory criminal sexual
17 assault of a child, aggravated criminal sexual assault,
18 criminal sexual abuse, aggravated criminal sexual abuse,
19 juvenile pimping, soliciting for a juvenile prostitute
20 and the manufacture, sale or delivery of controlled
21 substances or instruments used for illegal drug use or
22 abuse in which case the driver's driving privileges shall
23 be suspended for one year;
24 30. Has been convicted a second or subsequent time
25 for any combination of the offenses named in paragraph 29
26 of this subsection, in which case the person's driving
27 privileges shall be suspended for 5 years;
28 31. Has refused to submit to a test as required by
29 Section 11-501.6 or has submitted to a test resulting in
30 an alcohol concentration of 0.08 or more or any amount of
31 a drug, substance, or compound resulting from the
32 unlawful use or consumption of cannabis as listed in the
33 Cannabis Control Act or a controlled substance as listed
34 in the Illinois Controlled Substances Act in which case
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1 the penalty shall be as prescribed in Section 6-208.1;
2 32. Has been convicted of Section 24-1.2 of the
3 Criminal Code of 1961 relating to the aggravated
4 discharge of a firearm if the offender was located in a
5 motor vehicle at the time the firearm was discharged, in
6 which case the suspension shall be for 3 years;
7 33. Has as a driver, who was less than 21 years of
8 age on the date of the offense, been convicted a first
9 time of a violation of paragraph (a) of Section 11-502 of
10 this Code or a similar provision of a local ordinance; or
11 34. Has committed a violation of Section 11-1301.5
12 of this Code; or
13 35. Has committed a violation of Section 11-1301.6
14 of this Code; .
15 36. 34. Is under the age of 21 years at the time of
16 arrest and has been convicted of not less than 2
17 offenses against traffic regulations governing the
18 movement of vehicles committed within any 24 month
19 period. No revocation or suspension shall be entered
20 more than 6 months after the date of last conviction ;
21 or.
22 37. Has refused to submit to a test or tests as
23 required under Section 11-501.9 of this Code and the
24 person has not sought a hearing as provided for in
25 Section 2-118.
26 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
27 and 27 of this subsection, license means any driver's
28 license, any traffic ticket issued when the person's driver's
29 license is deposited in lieu of bail, a suspension notice
30 issued by the Secretary of State, a duplicate or corrected
31 driver's license, a probationary driver's license or a
32 temporary driver's license.
33 (b) If any conviction forming the basis of a suspension
34 or revocation authorized under this Section is appealed, the
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1 Secretary of State may rescind or withhold the entry of the
2 order of suspension or revocation, as the case may be,
3 provided that a certified copy of a stay order of a court is
4 filed with the Secretary of State. If the conviction is
5 affirmed on appeal, the date of the conviction shall relate
6 back to the time the original judgment of conviction was
7 entered and the 6 month limitation prescribed shall not
8 apply.
9 (c) 1. Upon suspending or revoking the driver's license
10 or permit of any person as authorized in this Section,
11 the Secretary of State shall immediately notify the
12 person in writing of the revocation or suspension. The
13 notice to be deposited in the United States mail, postage
14 prepaid, to the last known address of the person.
15 2. If the Secretary of State suspends the driver's
16 license of a person under subsection 2 of paragraph (a)
17 of this Section, a person's privilege to operate a
18 vehicle as an occupation shall not be suspended, provided
19 an affidavit is properly completed, the appropriate fee
20 received, and a permit issued prior to the effective date
21 of the suspension, unless 5 offenses were committed, at
22 least 2 of which occurred while operating a commercial
23 vehicle in connection with the driver's regular
24 occupation. All other driving privileges shall be
25 suspended by the Secretary of State. Any driver prior to
26 operating a vehicle for occupational purposes only must
27 submit the affidavit on forms to be provided by the
28 Secretary of State setting forth the facts of the
29 person's occupation. The affidavit shall also state the
30 number of offenses committed while operating a vehicle in
31 connection with the driver's regular occupation. The
32 affidavit shall be accompanied by the driver's license.
33 Upon receipt of a properly completed affidavit, the
34 Secretary of State shall issue the driver a permit to
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1 operate a vehicle in connection with the driver's regular
2 occupation only. Unless the permit is issued by the
3 Secretary of State prior to the date of suspension, the
4 privilege to drive any motor vehicle shall be suspended
5 as set forth in the notice that was mailed under this
6 Section. If an affidavit is received subsequent to the
7 effective date of this suspension, a permit may be issued
8 for the remainder of the suspension period.
9 The provisions of this subparagraph shall not apply
10 to any driver required to obtain a commercial driver's
11 license under Section 6-507 during the period of a
12 disqualification of commercial driving privileges under
13 Section 6-514.
14 Any person who falsely states any fact in the
15 affidavit required herein shall be guilty of perjury
16 under Section 6-302 and upon conviction thereof shall
17 have all driving privileges revoked without further
18 rights.
19 3. At the conclusion of a hearing under Section
20 2-118 of this Code, the Secretary of State shall either
21 rescind or continue an order of revocation or shall
22 substitute an order of suspension; or, good cause
23 appearing therefor, rescind, continue, change, or extend
24 the order of suspension. If the Secretary of State does
25 not rescind the order, the Secretary may upon
26 application, to relieve undue hardship, issue a
27 restricted driving permit granting the privilege of
28 driving a motor vehicle between the petitioner's
29 residence and petitioner's place of employment or within
30 the scope of his employment related duties, or to allow
31 transportation for the petitioner, or a household member
32 of the petitioner's family, to receive necessary medical
33 care and if the professional evaluation indicates,
34 provide transportation for alcohol remedial or
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1 rehabilitative activity, or for the petitioner to attend
2 classes, as a student, in an accredited educational
3 institution; if the petitioner is able to demonstrate
4 that no alternative means of transportation is reasonably
5 available and the petitioner will not endanger the public
6 safety or welfare. In each case the Secretary may issue a
7 restricted driving permit for a period deemed
8 appropriate, except that all permits shall expire within
9 one year from the date of issuance. A restricted driving
10 permit issued under this Section shall be subject to
11 cancellation, revocation, and suspension by the Secretary
12 of State in like manner and for like cause as a driver's
13 license issued under this Code may be cancelled, revoked,
14 or suspended; except that a conviction upon one or more
15 offenses against laws or ordinances regulating the
16 movement of traffic shall be deemed sufficient cause for
17 the revocation, suspension, or cancellation of a
18 restricted driving permit. The Secretary of State may, as
19 a condition to the issuance of a restricted driving
20 permit, require the applicant to participate in a
21 designated driver remedial or rehabilitative program. The
22 Secretary of State is authorized to cancel a restricted
23 driving permit if the permit holder does not successfully
24 complete the program.
25 (c-5) The Secretary of State may, as a condition of the
26 reissuance of a driver's license or permit to an applicant
27 under the age of 18 years whose driver's license or permit
28 has been suspended pursuant to any of the provisions of this
29 Section, require the applicant to participate in a driver
30 remedial education course and be retested under Section 6-109
31 of this Code.
32 (d) This Section is subject to the provisions of the
33 Drivers License Compact.
34 (e) The Secretary of State shall not issue a restricted
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1 driving permit to a person under the age of 16 years whose
2 driving privileges have been suspended or revoked under any
3 provisions of this Code.
4 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
5 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
6 1-1-98; 90-369, eff. 1-1-98; revised 10-28-97.)
7 (625 ILCS 5/11-501.9 new)
8 Sec. 11-501.9. Suspension of driver's license; refusal to
9 take a field sobriety test.
10 (a) Any person who drives or is in actual physical
11 control of a motor vehicle upon the public highways of this
12 State shall be deemed to have given consent to a standardized
13 field sobriety test if a law enforcement officer has
14 reasonable suspicion of the driver's intoxication. The
15 officer, prior to an arrest may request the person to
16 undertake a standardized field sobriety test. For purposes of
17 this Section, standardized field sobriety tests refer
18 minimally to the Horizontal Gaze Nystagmus test, Stand Walk
19 and Turn Test, and Finger-to-Nose Test. The test or tests
20 shall be administered at the direction of the officer. The
21 law enforcement agency employing the officer shall designate
22 which of the tests referred to in this subsection (a) shall
23 be administered.
24 The result of a standardized field sobriety test, may be
25 used by the defendant as evidence in any administrative or
26 court proceeding involving a violation of Section 11-501 or
27 11-501.1.
28 (b) Any person who is dead, unconscious or who is
29 otherwise in a condition rendering the person incapable of
30 refusal, shall be deemed not to have withdrawn the consent
31 provided by subsection (a) and the tests administered,
32 subject of the provisions of Section 501.2. However, a person
33 with a medically recognized disability shall be excused from
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1 being required to take a test or tests that cannot be
2 performed as a result of the disability.
3 (c) A person requested to submit to a test as provided
4 in this Section shall be warned by the law enforcement
5 officer requesting the test that a refusal to submit to the
6 test may result in the suspension of the person's privilege
7 to operate a motor vehicle. The length of the suspension
8 shall be the same as provided for in Section 6-208.1 of this
9 Code regarding statutory summary suspensions.
10 (d) If the person refuses testing, the law enforcement
11 officer shall immediately submit a sworn statement to the
12 Secretary of State on a form prescribed by the Secretary,
13 certifying that the test or tests were requested under
14 subsection (a) and the person refused to submit to a test or
15 tests.
16 Upon receipt of the sworn report of a law enforcement
17 officer, the Secretary shall enter the suspension to the
18 individual's driving record and the suspension shall be
19 effective on the 46th day following the date notice of the
20 suspension was given to the person.
21 The law enforcement officer submitting the sworn report
22 shall serve immediate notice of this suspension on the person
23 and the suspension shall be effective on the 46th day
24 following the date notice was given.
25 (e) A driver may contest this suspension of his or her
26 driving privileges by requesting an administrative hearing
27 with the Secretary in accordance with Section 2-118 of this
28 Code. The Secretary may rescind, continue, or modify the
29 order or suspension. If the Secretary does not rescind the
30 order, a restricted driving permit may be granted by the
31 Secretary upon application being made and good cause shown. A
32 restricted driving permit may be granted to relieve undue
33 hardship to allow driving for employment, education, and
34 medical purposes as provided for in Section 6-206 of this
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1 Code. The provisions of Section 6-206 of this Code shall
2 apply.
3 (f) Upon refusal of testing, the officer may temporarily
4 impound the person's vehicle for up to 6 hours. For purposes
5 of this subsection, impound means that the officer may (1)
6 direct the person not to drive, (2) take possession of the
7 person's vehicle keys, or (3) secure the person's vehicle.
8 The person shall be liable for all costs for impoundment
9 including an administrative fee of $125 to be collected by
10 the unit of government employing the law enforcement officer
11 who temporairly impounded the vehicle.