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90_SB1289enr
625 ILCS 5/6-201 from Ch. 95 1/2, par. 6-201
625 ILCS 5/6-203.1 from Ch. 95 1/2, par. 6-203.1
625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205
625 ILCS 5/6-206.1 from Ch. 95 1/2, par. 6-206.1
625 ILCS 5/6-207 from Ch. 95 1/2, par. 6-207
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/11-500 from Ch. 95 1/2, par. 11-500
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.1 from Ch. 95 1/2, par. 11-501.1
625 ILCS 5/11-501.2 from Ch. 95 1/2, par. 11-501.2
625 ILCS 5/11-501.4 from Ch. 95 1/2, par. 11-501.4
625 ILCS 5/11-501.4-1
625 ILCS 5/11-501.6 from Ch. 95 1/2, par. 11-501.6
625 ILCS 5/20-204 from Ch. 95 1/2, par. 20-204
Amends the Illinois Vehicle Code. Provides that various
provisions of the Code that relate to driving under the
influence of alcohol or drugs apply to driving under the
influence of intoxicating compounds listed in the Use of
Intoxicating Compounds Act. Prohibits municipalities from
enforcing the statutory summary suspension provisions.
LRB9008469RCks
SB1289 Enrolled LRB9008469RCks
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-201, 6-203.1, 6-205, 6-206.1, 6-207, 6-208.1,
3 11-500, 11-501, 11-501.1, 11-501.2, 11-501.4, 11-501.4-1, and
4 11-501.6.
5 Be it enacted by the People of the State of Illinois,
6 represented in the General Assembly:
7 Section 5. The Illinois Vehicle Code is amended by
8 changing Sections 6-201, 6-203.1, 6-205, 6-206.1, 6-207,
9 6-208.1, 11-500, 11-501, 11-501.1, 11-501.2, 11-501.4,
10 11-501.4-1, and 11-501.6 as follows:
11 (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
12 Sec. 6-201. Authority to cancel licenses and permits.
13 (a) The Secretary of State is authorized to cancel any
14 license or permit upon determining that the holder thereof:
15 1. was not entitled to the issuance thereof
16 hereunder; or
17 2. failed to give the required or correct
18 information in his application; or
19 3. failed to pay any fees, civil penalties owed to
20 the Illinois Commerce Commission, or taxes due under this
21 Act and upon reasonable notice and demand; or
22 4. committed any fraud in the making of such
23 application; or
24 5. is ineligible therefor under the provisions of
25 Section 6-103 of this Act, as amended; or
26 6. has refused or neglected to submit an alcohol,
27 and drug, and intoxicating compound evaluation or to
28 submit to examination or re-examination as required under
29 this Act; or
30 7. has been convicted of violating the Cannabis
31 Control Act, or the Illinois Controlled Substances Act,
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1 or the Use of Intoxicating Compounds Act while that
2 individual was in actual physical control of a motor
3 vehicle. For purposes of this Section, any person placed
4 on probation under Section 10 of the Cannabis Control Act
5 or Section 410 of the Illinois Controlled Substances Act
6 shall not be considered convicted. Any person found
7 guilty of this offense, while in actual physical control
8 of a motor vehicle, shall have an entry made in the court
9 record by the judge that this offense did occur while the
10 person was in actual physical control of a motor vehicle
11 and order the clerk of the court to report the violation
12 to the Secretary of State as such. After the
13 cancellation, the Secretary of State shall not issue a
14 new license or permit for a period of one year after the
15 date of cancellation. However, upon application, the
16 Secretary of State may, if satisfied that the person
17 applying will not endanger the public safety, or welfare,
18 issue a restricted driving permit granting the privilege
19 of driving a motor vehicle between the person's residence
20 and person's place of employment or within the scope of
21 the person's employment related duties, or to allow
22 transportation for the person or a household member of
23 the person's family for the receipt of necessary medical
24 care or, if the professional evaluation indicates,
25 provide transportation for the petitioner for alcohol
26 remedial or rehabilitative activity, or for the person to
27 attend classes, as a student, in an accredited
28 educational institution; if the person is able to
29 demonstrate that no alternative means of transportation
30 is reasonably available; provided that the Secretary's
31 discretion shall be limited to cases where undue hardship
32 would result from a failure to issue such restricted
33 driving permit. In each case the Secretary of State may
34 issue such restricted driving permit for such period as
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1 he deems appropriate, except that such permit shall
2 expire within one year from the date of issuance. A
3 restricted driving permit issued hereunder shall be
4 subject to cancellation, revocation and suspension by the
5 Secretary of State in like manner and for like cause as a
6 driver's license issued hereunder may be cancelled,
7 revoked or suspended; except that a conviction upon one
8 or more offenses against laws or ordinances regulating
9 the movement of traffic shall be deemed sufficient cause
10 for the revocation, suspension or cancellation of a
11 restricted driving permit. The Secretary of State may,
12 as a condition to the issuance of a restricted driving
13 permit, require the applicant to participate in a driver
14 remedial or rehabilitative program; or
15 8. failed to submit a report as required by Section
16 6-116.5 of this Code.
17 (b) Upon such cancellation the licensee or permittee
18 must surrender the license or permit so cancelled to the
19 Secretary of State.
20 (c) Except as provided in Sections 6-206.1 and 7-702.1,
21 the Secretary of State shall have exclusive authority to
22 grant, issue, deny, cancel, suspend and revoke driving
23 privileges, drivers' licenses and restricted driving permits.
24 (Source: P.A. 88-212; 88-415; 88-670, eff. 12-2-94; 89-92,
25 eff. 7-1-96; 89-584, eff. 7-31-96.)
26 (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
27 Sec. 6-203.1. (a) The Secretary of State is authorized
28 to suspend the driving privileges of persons arrested in
29 another state for driving under the influence of alcohol,
30 other drug or drugs, or intoxicating compound or compounds,
31 or any a combination thereof, or a similar provision, and who
32 has refused to submit to a chemical test or tests under the
33 provisions of implied consent.
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1 (b) When a driving privilege has been suspended for a
2 refusal as provided in paragraph (a) and the person is
3 subsequently convicted of the underlying charge, for the same
4 incident, any period served on suspension shall be credited
5 toward the minimum period of revocation of driving privileges
6 imposed pursuant to Section 6-206.
7 (Source: P.A. 84-1394.)
8 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
9 Sec. 6-205. Mandatory revocation of license or permit;
10 Hardship cases.
11 (a) Except as provided in this Section, the Secretary of
12 State shall immediately revoke the license or permit of any
13 driver upon receiving a report of the driver's conviction of
14 any of the following offenses:
15 1. Reckless homicide resulting from the operation
16 of a motor vehicle;
17 2. Violation of Section 11-501 of this Code or a
18 similar provision of a local ordinance relating to the
19 offense of operating or being in physical control of a
20 vehicle while under the influence of alcohol, other drug
21 or drugs, intoxicating compound or compounds, or any
22 combination thereof of both;
23 3. Any felony under the laws of any State or the
24 federal government in the commission of which a motor
25 vehicle was used;
26 4. Violation of Section 11-401 of this Code
27 relating to the offense of leaving the scene of a traffic
28 accident involving death or personal injury;
29 5. Perjury or the making of a false affidavit or
30 statement under oath to the Secretary of State under this
31 Code or under any other law relating to the ownership or
32 operation of motor vehicles;
33 6. Conviction upon 3 charges of violation of
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1 Section 11-503 of this Code relating to the offense of
2 reckless driving committed within a period of 12 months;
3 7. Conviction of the offense of automobile theft as
4 defined in Section 4-102 of this Code;
5 8. Violation of Section 11-504 of this Code
6 relating to the offense of drag racing;
7 9. Violation of Chapters 8 and 9 of this Code;
8 10. Violation of Section 12-5 of the Criminal Code
9 of 1961 arising from the use of a motor vehicle;
10 11. Violation of Section 11-204.1 of this Code
11 relating to aggravated fleeing or attempting to elude a
12 police officer;
13 12. Violation of paragraph (1) of subsection (b) of
14 Section 6-507, or a similar law of any other state,
15 relating to the unlawful operation of a commercial motor
16 vehicle;
17 13. Violation of paragraph (a) of Section 11-502 of
18 this Code or a similar provision of a local ordinance if
19 the driver has been previously convicted of a violation
20 of that Section or a similar provision of a local
21 ordinance and the driver was less than 21 years of age at
22 the time of the offense.
23 (b) The Secretary of State shall also immediately revoke
24 the license or permit of any driver in the following
25 situations:
26 1. Of any minor upon receiving the notice provided
27 for in Section 1-8 of the Juvenile Court Act of 1987 that
28 the minor has been adjudicated under that Act as having
29 committed an offense relating to motor vehicles
30 prescribed in Section 4-103 of this Code;
31 2. Of any person when any other law of this State
32 requires either the revocation or suspension of a license
33 or permit.
34 (c) Whenever a person is convicted of any of the
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1 offenses enumerated in this Section, the court may recommend
2 and the Secretary of State in his discretion, without regard
3 to whether the recommendation is made by the court, may, upon
4 application, issue to the person a restricted driving permit
5 granting the privilege of driving a motor vehicle between the
6 petitioner's residence and petitioner's place of employment
7 or within the scope of the petitioner's employment related
8 duties, or to allow transportation for the petitioner or a
9 household member of the petitioner's family for the receipt
10 of necessary medical care or, if the professional evaluation
11 indicates, provide transportation for the petitioner for
12 alcohol remedial or rehabilitative activity, or for the
13 petitioner to attend classes, as a student, in an accredited
14 educational institution; if the petitioner is able to
15 demonstrate that no alternative means of transportation is
16 reasonably available and the petitioner will not endanger the
17 public safety or welfare; provided that the Secretary's
18 discretion shall be limited to cases where undue hardship
19 would result from a failure to issue the restricted driving
20 permit. In each case the Secretary of State may issue a
21 restricted driving permit for a period he deems appropriate,
22 except that the permit shall expire within one year from the
23 date of issuance. A restricted driving permit issued under
24 this Section shall be subject to cancellation, revocation,
25 and suspension by the Secretary of State in like manner and
26 for like cause as a driver's license issued under this Code
27 may be cancelled, revoked, or suspended; except that a
28 conviction upon one or more offenses against laws or
29 ordinances regulating the movement of traffic shall be deemed
30 sufficient cause for the revocation, suspension, or
31 cancellation of a restricted driving permit. The Secretary of
32 State may, as a condition to the issuance of a restricted
33 driving permit, require the applicant to participate in a
34 designated driver remedial or rehabilitative program. The
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1 Secretary of State is authorized to cancel a restricted
2 driving permit if the permit holder does not successfully
3 complete the program. However, if an individual's driving
4 privileges have been revoked in accordance with paragraph 13
5 of subsection (a) of this Section, no restricted driving
6 permit shall be issued until the individual has served 6
7 months of the revocation period.
8 (d) Whenever a person under the age of 21 is convicted
9 under Section 11-501 of this Code or a similar provision of a
10 local ordinance, the Secretary of State shall revoke the
11 driving privileges of that person. One year after the date
12 of revocation, and upon application, the Secretary of State
13 may, if satisfied that the person applying will not endanger
14 the public safety or welfare, issue a restricted driving
15 permit granting the privilege of driving a motor vehicle only
16 between the hours of 5 a.m. and 9 p.m. or as otherwise
17 provided by this Section for a period of one year. After
18 this one year period, and upon reapplication for a license as
19 provided in Section 6-106, upon payment of the appropriate
20 reinstatement fee provided under paragraph (b) of Section
21 6-118, the Secretary of State, in his discretion, may issue
22 the applicant a license, or extend the restricted driving
23 permit as many times as the Secretary of State deems
24 appropriate, by additional periods of not more than 12 months
25 each, until the applicant attains 21 years of age. A
26 restricted driving permit issued under this Section shall be
27 subject to cancellation, revocation, and suspension by the
28 Secretary of State in like manner and for like cause as a
29 driver's license issued under this Code may be cancelled,
30 revoked, or suspended; except that a conviction upon one or
31 more offenses against laws or ordinances regulating the
32 movement of traffic shall be deemed sufficient cause for the
33 revocation, suspension, or cancellation of a restricted
34 driving permit. Any person under 21 years of age who has a
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1 driver's license revoked for a second or subsequent
2 conviction for driving under the influence, prior to the age
3 of 21, shall not be eligible to submit an application for a
4 full reinstatement of driving privileges or a restricted
5 driving permit until age 21 or one additional year from the
6 date of the latest such revocation, whichever is the longer.
7 The revocation periods contained in this subparagraph shall
8 apply to similar out-of-state convictions.
9 (e) This Section is subject to the provisions of the
10 Driver License Compact.
11 (f) Any revocation imposed upon any person under
12 subsections 2 and 3 of paragraph (b) that is in effect on
13 December 31, 1988 shall be converted to a suspension for a
14 like period of time.
15 (g) The Secretary of State shall not issue a restricted
16 driving permit to a person under the age of 16 years whose
17 driving privileges have been revoked under any provisions of
18 this Code.
19 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
20 89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)
21 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
22 Sec. 6-206.1. Judicial Driving Permit. Declaration of
23 Policy. It is hereby declared a policy of the State of
24 Illinois that the driver who is impaired by alcohol, or other
25 drug or drugs, or intoxicating compound or compounds is a
26 threat to the public safety and welfare. Therefore, to
27 provide a deterrent to such practice and to remove problem
28 drivers from the highway, a statutory summary driver's
29 license suspension is appropriate. It is also recognized that
30 driving is a privilege and therefore, that in some cases the
31 granting of limited driving privileges, where consistent with
32 public safety, is warranted during the period of suspension
33 in the form of a judicial driving permit to drive for the
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1 purpose of employment, receiving drug treatment or medical
2 care, and educational pursuits, where no alternative means of
3 transportation is available.
4 The following procedures shall apply whenever a first
5 offender is arrested for any offense as defined in Section
6 11-501 or a similar provision of a local ordinance:
7 (a) Subsequent to a notification of a statutory summary
8 suspension of driving privileges as provided in Section
9 11-501.1, the first offender as defined in Section 11-500 may
10 petition the circuit court of venue for a Judicial Driving
11 Permit, hereinafter referred as a JDP, to relieve undue
12 hardship. The court may issue a court order, pursuant to
13 the criteria contained in this Section, directing the
14 Secretary of State to issue such a JDP to the petitioner. A
15 JDP shall not become effective prior to the 31st day of the
16 original statutory summary suspension and shall always be
17 subject to the following criteria:
18 1. If ordered for the purposes of employment, the
19 JDP shall be only for the purpose of providing the
20 petitioner the privilege of driving a motor vehicle
21 between the petitioner's residence and the petitioner's
22 place of employment and return; or within the scope of
23 the petitioner's employment related duties, shall be
24 effective only during and limited to those specific times
25 and routes actually required to commute or perform the
26 petitioner's employment related duties.
27 2. The court, by a court order, may also direct the
28 Secretary of State to issue a JDP to allow transportation
29 for the petitioner, or a household member of the
30 petitioner's family, to receive alcohol, or other drug,
31 or intoxicating compound treatment or medical care, if
32 the petitioner is able to demonstrate that no alternative
33 means of transportation is reasonably available. Such JDP
34 shall be effective only during the specific times
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1 actually required to commute.
2 3. The court, by a court order, may also direct the
3 Secretary of State to issue a JDP to allow transportation
4 by the petitioner for educational purposes upon
5 demonstrating that there are no alternative means of
6 transportation reasonably available to accomplish those
7 educational purposes. Such JDP shall be only for the
8 purpose of providing transportation to and from the
9 petitioner's residence and the petitioner's place of
10 educational activity, and only during the specific times
11 and routes actually required to commute or perform the
12 petitioner's educational requirement.
13 4. The Court shall not issue an order granting a
14 JDP to:
15 (i) Any person unless and until the court,
16 after considering the results of a current
17 professional evaluation of the person's alcohol or
18 other drug use by an agency pursuant to Section
19 15-10 of the Alcoholism and Other Drug Abuse and
20 Dependency Act and other appropriate investigation
21 of the person, is satisfied that granting the
22 privilege of driving a motor vehicle on the highways
23 will not endanger the public safety or welfare.
24 (ii) Any person who has been convicted of
25 reckless homicide within the previous 5 years.
26 (iii) Any person whose privilege to operate a
27 motor vehicle was invalid at the time of arrest for
28 the current violation of Section 11-501, or a
29 similar provision of a local ordinance, except in
30 cases where the cause for a driver's license
31 suspension has been removed at the time a JDP is
32 effective. In any case, should the Secretary of
33 State enter a suspension or revocation of driving
34 privileges pursuant to the provisions of this Code
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1 while the JDP is in effect or pending, the Secretary
2 shall take the prescribed action and provide a
3 notice to the person and the court ordering the
4 issuance of the JDP that all driving privileges,
5 including those provided by the issuance of the JDP,
6 have been withdrawn.
7 (iv) Any person under the age of 18 years.
8 (b) Prior to ordering the issuance of a JDP the Court
9 should consider at least, but not be limited to, the
10 following issues:
11 1. Whether the person is employed and no other
12 means of commuting to the place of employment is
13 available or that the person must drive as a condition of
14 employment. The employer shall certify the hours of
15 employment and the need and parameters necessary for
16 driving as a condition to employment.
17 2. Whether the person must drive to secure alcohol
18 or other medical treatment for himself or a family
19 member.
20 3. Whether the person must drive for educational
21 purposes. The educational institution shall certify the
22 person's enrollment in and academic schedule at the
23 institution.
24 4. Whether the person has been repeatedly convicted
25 of traffic violations or involved in motor vehicle
26 accidents to a degree which indicates disrespect for
27 public safety.
28 5. Whether the person has been convicted of a
29 traffic violation in connection with a traffic accident
30 resulting in the death of any person within the last 5
31 years.
32 6. Whether the person is likely to obey the limited
33 provisions of the JDP.
34 7. Whether the person has any additional traffic
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1 violations pending in any court.
2 For purposes of this Section, programs conducting
3 professional evaluations of a person's alcohol, or other
4 drug, or intoxicating compound use must report, to the court
5 of venue, using a form prescribed by the Secretary of State.
6 A copy of such evaluations shall be sent to the Secretary of
7 State by the court. However, the evaluation information shall
8 be privileged and only available to courts and to the
9 Secretary of State, but shall not be admissible in the
10 subsequent trial on the underlying charge.
11 (c) The scope of any court order issued for a JDP under
12 this Section shall be limited to the operation of a motor
13 vehicle as provided for in subsection (a) of this Section and
14 shall specify the petitioner's residence, place of employment
15 or location of educational institution, and the scope of job
16 related duties, if relevant. The JDP shall also specify days
17 of the week and specific hours of the day when the petitioner
18 is able to exercise the limited privilege of operating a
19 motor vehicle. If the Petitioner, who has been granted a JDP,
20 is issued a citation for a traffic related offense, including
21 operating a motor vehicle outside the limitations prescribed
22 in the JDP or a violation of Section 6-303, or is convicted
23 of any such an offense during the term of the JDP, the court
24 shall consider cancellation of the limited driving permit.
25 In any case, if the Petitioner commits an offense, as defined
26 in Section 11-501, or a similar provision of a local
27 ordinance, as evidenced by the issuance of a Uniform Traffic
28 Ticket, the JDP shall be forwarded by the court of venue to
29 the court ordering the issuance of the JDP, for cancellation.
30 The court shall notify the Secretary of State of any such
31 cancellation.
32 (d) The Secretary of State shall, upon receiving a court
33 order from the court of venue, issue a JDP to a successful
34 Petitioner under this Section. Such court order form shall
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1 also contain a notification, which shall be sent to the
2 Secretary of State, providing the name, driver's license
3 number and legal address of the successful petitioner, and
4 the full and detailed description of the limitations of the
5 JDP. This information shall be available only to the courts,
6 police officers, and the Secretary of State, except during
7 the actual period the JDP is valid, during which time it
8 shall be a public record. The Secretary of State shall design
9 and furnish to the courts an official court order form to be
10 used by the courts when directing the Secretary of State to
11 issue a JDP.
12 Any submitted court order that contains insufficient data
13 or fails to comply with this Code shall not be utilized for
14 JDP issuance or entered to the driver record but shall be
15 returned to the issuing court indicating why the JDP cannot
16 be so entered. A notice of this action shall also be sent to
17 the JDP petitioner by the Secretary of State.
18 (e) The circuit court of venue may conduct the judicial
19 hearing, as provided in Section 2-118.1, and the JDP hearing
20 provided in this Section, concurrently. Such concurrent
21 hearing shall proceed in the court in the same manner as in
22 other civil proceedings.
23 (Source: P.A. 90-369, eff. 1-1-98.)
24 (625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
25 Sec. 6-207. Secretary of State may require reexamination
26 or reissuance of a license.
27 (a) The Secretary of State, having good cause to believe
28 that a licensed driver or person holding a permit or applying
29 for a license or license renewal is incompetent or otherwise
30 not qualified to hold a license or permit, may upon written
31 notice of at least 5 days to the person require the person to
32 submit to an examination as prescribed by the Secretary.
33 Refusal or neglect of the person to submit an alcohol,
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1 and drug, or intoxicating compound evaluation or submit to or
2 failure to successfully complete the examination is grounds
3 for suspension of the person's license or permit under
4 Section 6-206 of this Act or cancellation of his license or
5 permit under Section 6-201 of this Act.
6 (b) The Secretary of State, having issued a driver's
7 license or permit in error, may upon written notice of at
8 least 5 days to the person, require the person to appear at a
9 Driver Services facility to have the license or permit error
10 corrected and a new license or permit issued.
11 Refusal or neglect of the person to appear is grounds for
12 cancellation of the person's license or permit under Section
13 6-201 of this Act.
14 (Source: P.A. 87-1114; 88-212.)
15 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
16 Sec. 6-208.1. Period of statutory summary alcohol, or
17 other drug, or intoxicating compound related suspension.
18 (a) Unless the statutory summary suspension has been
19 rescinded, any person whose privilege to drive a motor
20 vehicle on the public highways has been summarily suspended,
21 pursuant to Section 11-501.1, shall not be eligible for
22 restoration of the privilege until the expiration of:
23 1. Six months from the effective date of the
24 statutory summary suspension for a refusal or failure to
25 complete a test or tests to determine the alcohol, or
26 drug, or intoxicating compound concentration, pursuant to
27 Section 11-501.1; or
28 2. Three months from the effective date of the
29 statutory summary suspension imposed following the
30 person's submission to a chemical test which disclosed an
31 alcohol concentration of 0.08 or more, or any amount of a
32 drug, substance, or intoxicating compound in such
33 person's breath, blood, or urine resulting from the
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1 unlawful use or consumption of cannabis listed in the
2 Cannabis Control Act, or a controlled substance listed in
3 the Illinois Controlled Substances Act, or an
4 intoxicating compound listed in the Use of Intoxicating
5 Compounds Act, pursuant to Section 11-501.1; or
6 3. Two years from the effective date of the
7 statutory summary suspension for any person other than a
8 first offender who refuses or fails to complete a test or
9 tests to determine the alcohol, or drug, or intoxicating
10 compound concentration pursuant to Section 11-501.1; or
11 4. One year from the effective date of the summary
12 suspension imposed for any person other than a first
13 offender following submission to a chemical test which
14 disclosed an alcohol concentration of 0.08 or more
15 pursuant to Section 11-501.1 or any amount of a drug,
16 substance or compound in such person's blood or urine
17 resulting from the unlawful use or consumption of
18 cannabis listed in the Cannabis Control Act, or a
19 controlled substance listed in the Illinois Controlled
20 Substances Act, or an intoxicating compound listed in the
21 Use of Intoxicating Compounds Act.
22 (b) Following a statutory summary suspension of the
23 privilege to drive a motor vehicle under Section 11-501.1,
24 full driving privileges shall be restored unless the person
25 is otherwise disqualified by this Code. If the court has
26 reason to believe that the person's driving privilege should
27 not be restored, the court shall notify the Secretary of
28 State prior to the expiration of the statutory summary
29 suspension so appropriate action may be taken pursuant to
30 this Code.
31 (c) Full driving privileges may not be restored until
32 all applicable reinstatement fees, as provided by this Code,
33 have been paid to the Secretary of State and the appropriate
34 entry made to the driver's record.
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1 (d) Where a driving privilege has been summarily
2 suspended under Section 11-501.1 and the person is
3 subsequently convicted of violating Section 11-501, or a
4 similar provision of a local ordinance, for the same
5 incident, any period served on statutory summary suspension
6 shall be credited toward the minimum period of revocation of
7 driving privileges imposed pursuant to Section 6-205.
8 (e) Following a statutory summary suspension of driving
9 privileges pursuant to Section 11-501.1, for a first
10 offender, the circuit court may, after at least 30 days from
11 the effective date of the statutory summary suspension, issue
12 a judicial driving permit as provided in Section 6-206.1.
13 (f) Subsequent to an arrest of a first offender, for any
14 offense as defined in Section 11-501 or a similar provision
15 of a local ordinance, following a statutory summary
16 suspension of driving privileges pursuant to Section
17 11-501.1, for a first offender, the circuit court may issue a
18 court order directing the Secretary of State to issue a
19 judicial driving permit as provided in Section 6-206.1.
20 However, this JDP shall not be effective prior to the 31st
21 day of the statutory summary suspension.
22 (g) Following a statutory summary suspension of driving
23 privileges pursuant to Section 11-501.1 where the person was
24 not a first offender, as defined in Section 11-500 and such
25 person refused or failed to complete a test or tests to
26 determine the alcohol, or drug, or intoxicating compound
27 concentration pursuant to Section 11-501.1, the Secretary of
28 State shall not issue a restricted driving permit.
29 (h) Following a statutory summary suspension of driving
30 privileges pursuant to Section 11-501.1 where the person was
31 not a first offender as defined in Section 11-500 and such
32 person submitted to a chemical test which disclosed an
33 alcohol concentration of 0.08 or more pursuant to Section
34 11-501.1, the Secretary of State may, after at least 90 days
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1 from the effective date of the statutory summary suspension,
2 issue a restricted driving permit.
3 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97.)
4 (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
5 Sec. 11-500. Definitions. For the purposes of
6 interpreting Sections 6-206.1 and 6-208.1 of this Code,
7 "first offender" shall mean any person who has not had a
8 previous conviction or court assigned supervision for
9 violating Section 11-501, or a similar provision of a local
10 ordinance, or a conviction in any other state for a violation
11 of driving while under the influence or a similar offense
12 where the cause of action is the same or substantially
13 similar to this Code or any person who has not had a driver's
14 license suspension for violating Section 11-501.1 within 5
15 years prior to the date of the current offense, except in
16 cases where the driver submitted to chemical testing
17 resulting in an alcohol concentration of 0.08 or more, or any
18 amount of a drug, substance, or compound in such person's
19 blood or urine resulting from the unlawful use or consumption
20 of cannabis listed in the Cannabis Control Act, or a
21 controlled substance listed in the Illinois Controlled
22 Substances Act, or an intoxicating compound listed in the Use
23 of Intoxicating Compounds Act and was subsequently found not
24 guilty of violating Section 11-501, or a similar provision of
25 a local ordinance.
26 (Source: P.A. 90-43, eff. 7-2-97.)
27 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
28 Sec. 11-501. Driving while under the influence of
29 alcohol, other drug or drugs, intoxicating compound or
30 compounds or any combination thereof of both.
31 (a) A person shall not drive or be in actual physical
32 control of any vehicle within this State while:
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1 (1) the alcohol concentration in the person's blood
2 or breath is 0.08 or more based on the definition of
3 blood and breath units in Section 11-501.2;
4 (2) under the influence of alcohol;
5 (3) under the influence of any intoxicating
6 compound or combination of intoxicating compounds to a
7 degree that renders the person incapable of driving
8 safely;
9 (4) (3) under the influence of any other drug or
10 combination of drugs to a degree that renders the person
11 incapable of safely driving;
12 (5) (4) under the combined influence of alcohol,
13 and any other drug or drugs, or intoxicating compound or
14 compounds to a degree that renders the person incapable
15 of safely driving; or
16 (6) (5) there is any amount of a drug, substance,
17 or compound in the person's breath, blood, or urine
18 resulting from the unlawful use or consumption of
19 cannabis listed in the Cannabis Control Act, or a
20 controlled substance listed in the Illinois Controlled
21 Substances Act, or an intoxicating compound listed in the
22 Use of Intoxicating Compounds Act.
23 (b) The fact that any person charged with violating this
24 Section is or has been legally entitled to use alcohol, or
25 other drug or drugs, or intoxicating compound or compounds,
26 or any combination thereof of both, shall not constitute a
27 defense against any charge of violating this Section.
28 (c) Except as provided under paragraphs (c-3) and (d) of
29 this Section, every person convicted of violating this
30 Section or a similar provision of a local ordinance, shall be
31 guilty of a Class A misdemeanor and, in addition to any other
32 criminal or administrative action, for any second conviction
33 of violating this Section or a similar provision of a law of
34 another state or local ordinance committed within 5 years of
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1 a previous violation of this Section or a similar provision
2 of a local ordinance shall be mandatorily sentenced to a
3 minimum of 48 consecutive hours of imprisonment or assigned
4 to a minimum of 100 hours of community service as may be
5 determined by the court. Every person convicted of violating
6 this Section or a similar provision of a local ordinance
7 shall be subject to a mandatory minimum fine of $500 and a
8 mandatory 5 days of community service in a program benefiting
9 children if the person committed a violation of paragraph (a)
10 or a similar provision of a local ordinance while
11 transporting a person under age 16. Every person convicted a
12 second time for violating this Section or a similar provision
13 of a local ordinance within 5 years of a previous violation
14 of this Section or a similar provision of a law of another
15 state or local ordinance shall be subject to a mandatory
16 minimum fine of $500 and 10 days of mandatory community
17 service in a program benefiting children if the current
18 offense was committed while transporting a person under age
19 16. The imprisonment or assignment under this subsection
20 shall not be subject to suspension nor shall the person be
21 eligible for probation in order to reduce the sentence or
22 assignment.
23 (c-1) A person who violates this Section during a period
24 in which his or her driving privileges are revoked or
25 suspended, where the revocation or suspension was for a
26 violation of this Section or Section 11-501.1 shall, unless
27 sentenced to a term of imprisonment in the penitentiary, in
28 addition to any other criminal or administrative action, be
29 sentenced to a minimum term of 30 consecutive days of
30 imprisonment, 40 days of 24 hour periodic imprisonment or 720
31 hours of community service, as may be determined by the
32 court. This mandatory minimum term of imprisonment or
33 assignment of community service shall not be suspended and
34 shall not be subject to reduction by the court.
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1 (c-2) (Blank).
2 (c-3) Every person convicted of violating this Section
3 or a similar provision of a local ordinance who had a child
4 under age 16 in the vehicle at the time of the offense shall
5 have his or her punishment under this Act enhanced by 2 days
6 of imprisonment for a first offense, 10 days of imprisonment
7 for a second offense, 30 days of imprisonment for a third
8 offense, and 90 days of imprisonment for a fourth or
9 subsequent offense, in addition to the fine and community
10 service required under subsection (c) and the possible
11 imprisonment required under subsection (d). The imprisonment
12 or assignment under this subsection shall not be subject to
13 suspension nor shall the person be eligible for probation in
14 order to reduce the sentence or assignment.
15 (d) (1) Every person convicted of committing a violation
16 of this Section shall be guilty of aggravated driving under
17 the influence of alcohol, other drug or drugs, or
18 intoxicating compound or compounds, or any a combination
19 thereof of both if:
20 (A) the person committed a violation of this
21 Section, or a similar provision of a law of another state
22 or a local ordinance when the cause of action is the same
23 as or substantially similar to this Section, for the
24 third or subsequent time;
25 (B) the person committed a violation of paragraph
26 (a) while driving a school bus with children on board;
27 (C) the person in committing a violation of
28 paragraph (a) was involved in a motor vehicle accident
29 that resulted in great bodily harm or permanent
30 disability or disfigurement to another, when the
31 violation was a proximate cause of the injuries; or
32 (D) the person committed a violation of paragraph
33 (a) for a second time and has been previously convicted
34 of violating Section 9-3 of the Criminal Code of 1961
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1 relating to reckless homicide in which the person was
2 determined to have been under the influence of alcohol,
3 or any other drug or drugs, or intoxicating compound or
4 compounds as an element of the offense or the person has
5 previously been convicted under subparagraph (C) of this
6 paragraph (1).
7 (2) Aggravated driving under the influence of alcohol,
8 other drug or drugs, or intoxicating compound or compounds,
9 or any a combination thereof of both is a Class 4 felony for
10 which a person, if sentenced to a term of imprisonment, shall
11 be sentenced to not less than one year and not more than 3
12 years for a violation of subparagraph (A), (B) or (D) of
13 paragraph (1) of this subsection (d) and not less than one
14 year and not more than 12 years for a violation of
15 subparagraph (C) of paragraph (1) of this subsection (d). For
16 any prosecution under this subsection (d), a certified copy
17 of the driving abstract of the defendant shall be admitted as
18 proof of any prior conviction.
19 (e) After a finding of guilt and prior to any final
20 sentencing, or an order for supervision, for an offense based
21 upon an arrest for a violation of this Section or a similar
22 provision of a local ordinance, individuals shall be required
23 to undergo a professional evaluation to determine if an
24 alcohol, or other drug, or intoxicating compound abuse
25 problem exists and the extent of the problem. Programs
26 conducting these evaluations shall be licensed by the
27 Department of Human Services. The cost of any professional
28 evaluation shall be paid for by the individual required to
29 undergo the professional evaluation.
30 (f) Every person found guilty of violating this Section,
31 whose operation of a motor vehicle while in violation of this
32 Section proximately caused any incident resulting in an
33 appropriate emergency response, shall be liable for the
34 expense of an emergency response as provided under Section
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1 5-5-3 of the Unified Code of Corrections.
2 (g) The Secretary of State shall revoke the driving
3 privileges of any person convicted under this Section or a
4 similar provision of a local ordinance.
5 (h) Every person sentenced under subsection (d) of this
6 Section and who receives a term of probation or conditional
7 discharge shall be required to serve a minimum term of either
8 30 days community service or, beginning July 1, 1993, 48
9 consecutive hours of imprisonment as a condition of the
10 probation or conditional discharge. This mandatory minimum
11 term of imprisonment or assignment of community service shall
12 not be suspended and shall not be subject to reduction by the
13 court.
14 (i) The Secretary of State shall establish a pilot
15 program to test the effectiveness of ignition interlock
16 device requirements upon individuals who have been arrested
17 for a second or subsequent offense of this Section. The
18 Secretary shall establish by rule and regulation the
19 population and procedures for use of the interlock system.
20 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
21 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
22 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
23 10-24-97.)
24 (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
25 Sec. 11-501.1. Suspension of drivers license; Statutory
26 summary alcohol, or other drug or drugs, or intoxicating
27 compound or compounds related suspension; Implied consent.
28 (a) Any person who drives or is in actual physical
29 control of a motor vehicle upon the public highways of this
30 State shall be deemed to have given consent, subject to the
31 provisions of Section 11-501.2, to a chemical test or tests
32 of blood, breath, or urine for the purpose of determining the
33 content of alcohol, other drug or drugs, or intoxicating
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1 compound or compounds or any combination thereof of both in
2 the person's blood if arrested, as evidenced by the issuance
3 of a Uniform Traffic Ticket, for any offense as defined in
4 Section 11-501 or a similar provision of a local ordinance.
5 The test or tests shall be administered at the direction of
6 the arresting officer. The law enforcement agency employing
7 the officer shall designate which of the aforesaid tests
8 shall be administered. A urine test may be administered even
9 after a blood or breath test or both has been administered.
10 For purposes of this Section, an Illinois law enforcement
11 officer of this State who is investigating the person for any
12 offense defined in Section 11-501 may travel into an
13 adjoining state, where the person has been transported for
14 medical care, to complete an investigation and to request
15 that the person submit to the test or tests set forth in this
16 Section. The requirements of this Section that the person be
17 arrested are inapplicable, but the officer shall issue the
18 person a Uniform Traffic Ticket for an offense as defined in
19 Section 11-501 or a similar provision of a local ordinance
20 prior to requesting that the person submit to the test or
21 tests. The issuance of the Uniform Traffic Ticket shall not
22 constitute an arrest, but shall be for the purpose of
23 notifying the person that he or she is subject to the
24 provisions of this Section and of the officer's belief of the
25 existence of probable cause to arrest. Upon returning to
26 this State, the officer shall file the Uniform Traffic Ticket
27 with the Circuit Clerk of the county where the offense was
28 committed, and shall seek the issuance of an arrest warrant
29 or a summons for the person.
30 (b) Any person who is dead, unconscious, or who is
31 otherwise in a condition rendering the person incapable of
32 refusal, shall be deemed not to have withdrawn the consent
33 provided by paragraph (a) of this Section and the test or
34 tests may be administered, subject to the provisions of
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1 Section 11-501.2.
2 (c) A person requested to submit to a test as provided
3 above shall be warned by the law enforcement officer
4 requesting the test that a refusal to submit to the test will
5 result in the statutory summary suspension of the person's
6 privilege to operate a motor vehicle as provided in Section
7 6-208.1 of this Code. The person shall also be warned by the
8 law enforcement officer that if the person submits to the
9 test or tests provided in paragraph (a) of this Section and
10 the alcohol concentration in the person's blood or breath is
11 0.08 or greater, or any amount of a drug, substance, or
12 compound resulting from the unlawful use or consumption of
13 cannabis as covered by the Cannabis Control Act, or a
14 controlled substance listed in the Illinois Controlled
15 Substances Act, or an intoxicating compound listed in the Use
16 of Intoxicating Compounds Act is detected in the person's
17 blood or urine, a statutory summary suspension of the
18 person's privilege to operate a motor vehicle, as provided in
19 Sections 6-208.1 and 11-501.1 of this Code will, be imposed.
20 A person who is under the age of 21 at the time the
21 person is requested to submit to a test as provided above
22 shall, in addition to the warnings provided for in this
23 Section, be further warned by the law enforcement officer
24 requesting the test that if the person submits to the test or
25 tests provided in paragraph (a) of this Section and the
26 alcohol concentration in the person's blood or breath is
27 greater than 0.00 and less than 0.08, a suspension of the
28 person's privilege to operate a motor vehicle, as provided
29 under Sections 6-208.2 and 11-501.8 of this Code, will be
30 imposed. The results of this test shall be admissible in a
31 civil or criminal action or proceeding arising from an arrest
32 for an offense as defined in Section 11-501 of this Code or a
33 similar provision of a local ordinance or pursuant to Section
34 11-501.4 in prosecutions for reckless homicide brought under
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1 the Criminal Code of 1961. These test results, however, shall
2 be admissible only in actions or proceedings directly related
3 to the incident upon which the test request was made.
4 (d) If the person refuses testing or submits to a test
5 that discloses an alcohol concentration of 0.08 or more, or
6 any amount of a drug, substance, or intoxicating compound in
7 the person's breath, blood, or urine resulting from the
8 unlawful use or consumption of cannabis listed in the
9 Cannabis Control Act, or a controlled substance listed in the
10 Illinois Controlled Substances Act, or an intoxicating
11 compound listed in the Use of Intoxicating Compounds Act, the
12 law enforcement officer shall immediately submit a sworn
13 report to the circuit court of venue and the Secretary of
14 State, certifying that the test or tests was or were
15 requested under paragraph (a) and the person refused to
16 submit to a test, or tests, or submitted to testing that
17 disclosed an alcohol concentration of 0.08 or more.
18 (e) Upon receipt of the sworn report of a law
19 enforcement officer submitted under paragraph (d), the
20 Secretary of State shall enter the statutory summary
21 suspension for the periods specified in Section 6-208.1, and
22 effective as provided in paragraph (g).
23 If the person is a first offender as defined in Section
24 11-500 of this Code, and is not convicted of a violation of
25 Section 11-501 of this Code or a similar provision of a local
26 ordinance, then reports received by the Secretary of State
27 under this Section shall, except during the actual time the
28 Statutory Summary Suspension is in effect, be privileged
29 information and for use only by the courts, police officers,
30 prosecuting authorities or the Secretary of State.
31 (f) The law enforcement officer submitting the sworn
32 report under paragraph (d) shall serve immediate notice of
33 the statutory summary suspension on the person and the
34 suspension shall be effective as provided in paragraph (g).
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1 In cases where the blood alcohol concentration of 0.08 or
2 greater or any amount of a drug, substance, or compound
3 resulting from the unlawful use or consumption of cannabis as
4 covered by the Cannabis Control Act, or a controlled
5 substance listed in the Illinois Controlled Substances Act,
6 or an intoxicating compound listed in the Use of Intoxicating
7 Compounds Act is established by a subsequent analysis of
8 blood or urine collected at the time of arrest, the arresting
9 officer or arresting agency shall give notice as provided in
10 this Section or by deposit in the United States mail of the
11 notice in an envelope with postage prepaid and addressed to
12 the person at his address as shown on the Uniform Traffic
13 Ticket and the statutory summary suspension shall begin as
14 provided in paragraph (g). The officer shall confiscate any
15 Illinois driver's license or permit on the person at the time
16 of arrest. If the person has a valid driver's license or
17 permit, the officer shall issue the person a receipt, in a
18 form prescribed by the Secretary of State, that will allow
19 that person to drive during the periods provided for in
20 paragraph (g). The officer shall immediately forward the
21 driver's license or permit to the circuit court of venue
22 along with the sworn report provided for in paragraph (d).
23 (g) The statutory summary suspension referred to in this
24 Section shall take effect on the 46th day following the date
25 the notice of the statutory summary suspension was given to
26 the person.
27 (h) The following procedure shall apply whenever a
28 person is arrested for any offense as defined in Section
29 11-501 or a similar provision of a local ordinance:
30 Upon receipt of the sworn report from the law enforcement
31 officer, the Secretary of State shall confirm the statutory
32 summary suspension by mailing a notice of the effective date
33 of the suspension to the person and the court of venue.
34 However, should the sworn report be defective by not
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1 containing sufficient information or be completed in error,
2 the confirmation of the statutory summary suspension shall
3 not be mailed to the person or entered to the record, instead
4 the sworn report shall be forwarded to the court of venue
5 with a copy returned to the issuing agency identifying any
6 defect.
7 (Source: P.A. 90-43, eff. 7-2-97.)
8 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
9 Sec. 11-501.2. Chemical and other tests.
10 (a) Upon the trial of any civil or criminal action or
11 proceeding arising out of an arrest for an offense as defined
12 in Section 11-501 or a similar local ordinance or proceedings
13 pursuant to Section 2-118.1, evidence of the concentration of
14 alcohol, other drug or drugs, or intoxicating compound or
15 compounds, or any combination thereof in a person's blood or
16 breath at the time alleged, as determined by analysis of the
17 person's blood, urine, breath or other bodily substance,
18 shall be admissible. Where such test is made the following
19 provisions shall apply:
20 1. Chemical analyses of the person's blood, urine,
21 breath or other bodily substance to be considered valid
22 under the provisions of this Section shall have been
23 performed according to standards promulgated by the
24 Department of Public Health in consultation with the
25 Department of State Police by a licensed physician,
26 registered nurse, trained phlebotomist acting under the
27 direction of a licensed physician, certified paramedic,
28 or other individual possessing a valid permit issued by
29 that Department for this purpose. The Director of the
30 Department of Public Health in consultation with the
31 Department of State Police is authorized to approve
32 satisfactory techniques or methods, to ascertain the
33 qualifications and competence of individuals to conduct
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1 such analyses, to issue permits which shall be subject to
2 termination or revocation at the discretion of that
3 Department and to certify the accuracy of breath testing
4 equipment. The Illinois Department of Public Health shall
5 prescribe regulations as necessary to implement this
6 Section.
7 2. When a person in this State shall submit to a
8 blood test at the request of a law enforcement officer
9 under the provisions of Section 11-501.1, only a
10 physician authorized to practice medicine, a registered
11 nurse, trained phlebotomist, or certified paramedic, or
12 other qualified person approved by the Department of
13 Public Health may withdraw blood for the purpose of
14 determining the alcohol, drug, or alcohol and drug
15 content therein. This limitation shall not apply to the
16 taking of breath or urine specimens.
17 When a blood test of a person who has been taken to
18 an adjoining state for medical treatment is requested by
19 an Illinois law enforcement officer, the blood may be
20 withdrawn only by a physician authorized to practice
21 medicine in the adjoining state, a registered nurse, a
22 trained phlebotomist acting under the direction of the
23 physician, or certified paramedic. The law enforcement
24 officer requesting the test shall take custody of the
25 blood sample, and the blood sample shall be analyzed by a
26 laboratory certified by the Department of Public Health
27 for that purpose.
28 3. The person tested may have a physician, or a
29 qualified technician, chemist, registered nurse, or other
30 qualified person of their own choosing administer a
31 chemical test or tests in addition to any administered at
32 the direction of a law enforcement officer. The failure
33 or inability to obtain an additional test by a person
34 shall not preclude the admission of evidence relating to
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1 the test or tests taken at the direction of a law
2 enforcement officer.
3 4. Upon the request of the person who shall submit
4 to a chemical test or tests at the request of a law
5 enforcement officer, full information concerning the test
6 or tests shall be made available to the person or such
7 person's attorney.
8 5. Alcohol concentration shall mean either grams of
9 alcohol per 100 milliliters of blood or grams of alcohol
10 per 210 liters of breath.
11 (b) Upon the trial of any civil or criminal action or
12 proceeding arising out of acts alleged to have been committed
13 by any person while driving or in actual physical control of
14 a vehicle while under the influence of alcohol, the
15 concentration of alcohol in the person's blood or breath at
16 the time alleged as shown by analysis of the person's blood,
17 urine, breath, or other bodily substance shall give rise to
18 the following presumptions:
19 1. If there was at that time an alcohol
20 concentration of 0.05 or less, it shall be presumed that
21 the person was not under the influence of alcohol.
22 2. If there was at that time an alcohol
23 concentration in excess of 0.05 but less than 0.08, such
24 facts shall not give rise to any presumption that the
25 person was or was not under the influence of alcohol, but
26 such fact may be considered with other competent evidence
27 in determining whether the person was under the influence
28 of alcohol.
29 3. If there was at that time an alcohol
30 concentration of 0.08 or more, it shall be presumed that
31 the person was under the influence of alcohol.
32 4. The foregoing provisions of this Section shall
33 not be construed as limiting the introduction of any
34 other relevant evidence bearing upon the question whether
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1 the person was under the influence of alcohol.
2 (c) 1. If a person under arrest refuses to submit to a
3 chemical test under the provisions of Section 11-501.1,
4 evidence of refusal shall be admissible in any civil or
5 criminal action or proceeding arising out of acts alleged
6 to have been committed while the person under the
7 influence of alcohol, other drug or drugs, or
8 intoxicating compound or compounds, or any combination
9 thereof of both was driving or in actual physical control
10 of a motor vehicle.
11 2. Notwithstanding any ability to refuse under this
12 Code to submit to these tests or any ability to revoke
13 the implied consent to these tests, if a law enforcement
14 officer has probable cause to believe that a motor
15 vehicle driven by or in actual physical control of a
16 person under the influence of alcohol, any other drug or
17 drugs, or intoxicating compound or compounds, or any
18 combination thereof of both has caused the death or
19 personal injury to another, that person shall submit,
20 upon the request of a law enforcement officer, to a
21 chemical test or tests of his or her blood, breath or
22 urine for the purpose of determining the alcohol content
23 thereof or the presence of any other drug or combination
24 of both.
25 This provision does not affect the applicability of or
26 imposition of driver's license sanctions under Section
27 11-501.1 of this Code.
28 3. For purposes of this Section, a personal injury
29 includes any Type A injury as indicated on the traffic
30 accident report completed by a law enforcement officer
31 that requires immediate professional attention in either
32 a doctor's office or a medical facility. A Type A injury
33 includes severe bleeding wounds, distorted extremities,
34 and injuries that require the injured party to be carried
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1 from the scene.
2 (Source: P.A. 90-43, eff. 7-2-97.)
3 (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
4 Sec. 11-501.4. Admissibility of chemical tests of blood
5 conducted in the regular course of providing emergency
6 medical treatment.
7 (a) Notwithstanding any other provision of law, the
8 results of blood tests performed for the purpose of
9 determining the content of alcohol, other drug or drugs, or
10 intoxicating compound or compounds, or any combination
11 thereof both, of an individual's blood conducted upon persons
12 receiving medical treatment in a hospital emergency room are
13 admissible in evidence as a business record exception to the
14 hearsay rule only in prosecutions for any violation of
15 Section 11-501 of this Code or a similar provision of a local
16 ordinance, or in prosecutions for reckless homicide brought
17 under the Criminal Code of 1961, when each of the following
18 criteria are met:
19 (1) the chemical tests performed upon an
20 individual's blood were ordered in the regular course of
21 providing emergency medical treatment and not at the
22 request of law enforcement authorities;
23 (2) the chemical tests performed upon an
24 individual's blood were performed by the laboratory
25 routinely used by the hospital; and
26 (3) results of chemical tests performed upon an
27 individual's blood are admissible into evidence
28 regardless of the time that the records were prepared.
29 (b) The confidentiality provisions of law pertaining to
30 medical records and medical treatment shall not be applicable
31 with regard to chemical tests performed upon an individual's
32 blood under the provisions of this Section in prosecutions as
33 specified in subsection (a) of this Section. No person shall
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1 be liable for civil damages as a result of the evidentiary
2 use of chemical testing of an individual's blood test results
3 under this Section, or as a result of that person's testimony
4 made available under this Section.
5 (Source: P.A. 88-212; 88-523; 88-632, eff. 1-1-95; 88-670,
6 eff. 12-2-94.)
7 (625 ILCS 5/11-501.4-1)
8 Sec. 11-501.4-1. Reporting of test results of blood or
9 urine conducted in the regular course of providing emergency
10 medical treatment.
11 (a) Notwithstanding any other provision of law, the
12 results of blood or urine tests performed for the purpose of
13 determining the content of alcohol, other drug or drugs, or
14 intoxicating compound or compounds, or any combination
15 thereof both, in an individual's blood or urine conducted
16 upon persons receiving medical treatment in a hospital
17 emergency room for injuries resulting from a motor vehicle
18 accident may be reported to the Department of State Police or
19 local law enforcement agencies. Such blood or urine tests are
20 admissible in evidence as a business record exception to the
21 hearsay rule only in prosecutions for any violation of
22 Section 11-501 of this Code or a similar provision of a local
23 ordinance, or in prosecutions for reckless homicide brought
24 under the Criminal Code of 1961.
25 (b) The confidentiality provisions of law pertaining to
26 medical records and medical treatment shall not be applicable
27 with regard to tests performed upon an individual's blood or
28 urine under the provisions of subsection (a) of this Section.
29 No person shall be liable for civil damages or professional
30 discipline as a result of the reporting of the tests or the
31 evidentiary use of an individual's blood or urine test
32 results under this Section or Section 11-501.4 or as a result
33 of that person's testimony made available under this Section
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1 or Section 11-501.4, except for willful or wanton misconduct.
2 (Source: P.A. 89-517, eff. 1-1-97.)
3 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
4 Sec. 11-501.6. Driver involvement in personal injury or
5 fatal motor vehicle accident - chemical test.
6 (a) Any person who drives or is in actual control of a
7 motor vehicle upon the public highways of this State and who
8 has been involved in a personal injury or fatal motor vehicle
9 accident, shall be deemed to have given consent to a breath
10 test using a portable device as approved by the Department of
11 Public Health or to a chemical test or tests of blood,
12 breath, or urine for the purpose of determining the content
13 of alcohol, or other drug or drugs, or intoxicating compound
14 or compounds content of such person's blood if arrested as
15 evidenced by the issuance of a Uniform Traffic Ticket for any
16 violation of the Illinois Vehicle Code or a similar provision
17 of a local ordinance, with the exception of equipment
18 violations contained in Chapter 12 of this Code, or similar
19 provisions of local ordinances. The test or tests shall be
20 administered at the direction of the arresting officer. The
21 law enforcement agency employing the officer shall designate
22 which of the aforesaid tests shall be administered. A urine
23 test may be administered even after a blood or breath test or
24 both has been administered. Compliance with this Section
25 does not relieve such person from the requirements of Section
26 11-501.1 of this Code.
27 (b) Any person who is dead, unconscious or who is
28 otherwise in a condition rendering such person incapable of
29 refusal shall be deemed not to have withdrawn the consent
30 provided by subsection (a) of this Section. In addition, if
31 a driver of a vehicle is receiving medical treatment as a
32 result of a motor vehicle accident, any physician licensed to
33 practice medicine, registered nurse or a phlebotomist acting
SB1289 Enrolled -34- LRB9008469RCks
1 under the direction of a licensed physician shall withdraw
2 blood for testing purposes to ascertain the presence of
3 alcohol, or other drug or drugs, or intoxicating compound or
4 compounds, upon the specific request of a law enforcement
5 officer. However, no such testing shall be performed until,
6 in the opinion of the medical personnel on scene, the
7 withdrawal can be made without interfering with or
8 endangering the well-being of the patient.
9 (c) A person requested to submit to a test as provided
10 above shall be warned by the law enforcement officer
11 requesting the test that a refusal to submit to the test, or
12 submission to the test resulting in an alcohol concentration
13 of 0.08 or more, or any amount of a drug, substance, or
14 intoxicating compound resulting from the unlawful use or
15 consumption of cannabis, as covered by the Cannabis Control
16 Act, or a controlled substance listed in the Illinois
17 Controlled Substances Act, or an intoxicating compound listed
18 in the Use of Intoxicating Compounds Act as detected in such
19 person's blood or urine, may result in the suspension of such
20 person's privilege to operate a motor vehicle. The length of
21 the suspension shall be the same as outlined in Section
22 6-208.1 of this Code regarding statutory summary suspensions.
23 (d) If the person refuses testing or submits to a test
24 which discloses an alcohol concentration of 0.08 or more, or
25 any amount of a drug, substance, or intoxicating compound in
26 such person's blood or urine resulting from the unlawful use
27 or consumption of cannabis listed in the Cannabis Control
28 Act, or a controlled substance listed in the Illinois
29 Controlled Substances Act, or an intoxicating compound listed
30 in the Use of Intoxicating Compounds Act, the law enforcement
31 officer shall immediately submit a sworn report to the
32 Secretary of State on a form prescribed by the Secretary,
33 certifying that the test or tests were requested pursuant to
34 subsection (a) and the person refused to submit to a test or
SB1289 Enrolled -35- LRB9008469RCks
1 tests or submitted to testing which disclosed an alcohol
2 concentration of 0.08 or more, or any amount of a drug,
3 substance, or intoxicating compound in such person's blood or
4 urine, resulting from the unlawful use or consumption of
5 cannabis listed in the Cannabis Control Act, or a controlled
6 substance listed in the Illinois Controlled Substances Act,
7 or an intoxicating compound listed in the Use of Intoxicating
8 Compounds Act.
9 Upon receipt of the sworn report of a law enforcement
10 officer, the Secretary shall enter the suspension to the
11 individual's driving record and the suspension shall be
12 effective on the 46th day following the date notice of the
13 suspension was given to the person.
14 The law enforcement officer submitting the sworn report
15 shall serve immediate notice of this suspension on the person
16 and such suspension shall be effective on the 46th day
17 following the date notice was given.
18 The cases where the blood alcohol concentration of 0.08
19 or more, or any amount of a drug, substance, or intoxicating
20 compound resulting from the unlawful use or consumption of
21 cannabis as listed in the Cannabis Control Act, or a
22 controlled substance listed in the Illinois Controlled
23 Substances Act, or an intoxicating compound listed in the Use
24 of Intoxicating Compounds Act, is established by a subsequent
25 analysis of blood or urine collected at the time of arrest,
26 the arresting officer shall give notice as provided in this
27 Section or by deposit in the United States mail of such
28 notice in an envelope with postage prepaid and addressed to
29 such person at his address as shown on the Uniform Traffic
30 Ticket and the suspension shall be effective on the 46th day
31 following the date notice was given.
32 Upon receipt of the sworn report of a law enforcement
33 officer, the Secretary shall also give notice of the
34 suspension to the driver by mailing a notice of the effective
SB1289 Enrolled -36- LRB9008469RCks
1 date of the suspension to the individual. However, should
2 the sworn report be defective by not containing sufficient
3 information or be completed in error, the notice of the
4 suspension shall not be mailed to the person or entered to
5 the driving record, but rather the sworn report shall be
6 returned to the issuing law enforcement agency.
7 (e) A driver may contest this suspension of his driving
8 privileges by requesting an administrative hearing with the
9 Secretary in accordance with Section 2-118 of this Code. At
10 the conclusion of a hearing held under Section 2-118 of this
11 Code, the Secretary may rescind, continue, or modify the
12 order of suspension. If the Secretary does not rescind the
13 order, a restricted driving permit may be granted by the
14 Secretary upon application being made and good cause shown.
15 A restricted driving permit may be granted to relieve undue
16 hardship to allow driving for employment, educational, and
17 medical purposes as outlined in Section 6-206 of this Code.
18 The provisions of Section 6-206 of this Code shall apply.
19 (f) (Blank)
20 (g) For the purposes of this Section, a personal injury
21 shall include any type A injury as indicated on the traffic
22 accident report completed by a law enforcement officer that
23 requires immediate professional attention in either a
24 doctor's office or a medical facility. A type A injury shall
25 include severely bleeding wounds, distorted extremities, and
26 injuries that require the injured party to be carried from
27 the scene.
28 (Source: P.A. 90-43, eff. 7-2-97.)