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Public Act 096-1344 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 2-118.1, 6-106.1a, 6-118, 6-205, 6-206, 6-208.1, | ||||
6-303, 6-520, 11-401, 11-500, 11-501.1, 11-501.6, and 11-501.8 | ||||
and by adding Section 1-197.6 as follows: | ||||
(625 ILCS 5/1-197.6 new) | ||||
Sec. 1-197.6. Statutory summary revocation of driving | ||||
privileges. The revocation by the Secretary of State of a | ||||
person's license or privilege to operate a motor vehicle on the | ||||
public highways for the period provided in Section 6-208.1. | ||||
Reinstatement after the revocation period shall occur after the | ||||
person has been approved for reinstatement through an | ||||
administrative hearing with the Secretary of State, has filed | ||||
proof of financial responsibility, has paid the reinstatement | ||||
fee as provided in Section 6-118, and has successfully | ||||
completed all necessary examinations. The basis for this | ||||
revocation of driving privileges shall be the individual's | ||||
refusal to submit to or failure to complete a chemical test or | ||||
tests following an arrest for the offense of driving under the | ||||
influence of alcohol, other drugs, or intoxicating compounds, | ||||
or any combination thereof involving a motor vehicle accident |
that caused personal injury or death to another, as provided in | ||
Section 11-501.1 of this Code. | ||
(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1) | ||
Sec. 2-118.1. Opportunity for hearing; statutory summary | ||
alcohol
or other drug related suspension or revocation pursuant | ||
to Section 11-501.1 . | ||
(a) A statutory summary suspension or revocation of driving | ||
privileges under Section
11-501.1 shall not become effective | ||
until the person is notified in writing of
the impending | ||
suspension or revocation and informed that he may request a | ||
hearing in the
circuit court of venue under paragraph (b) of | ||
this Section and the statutory
summary suspension or revocation | ||
shall become effective as provided in Section 11-501.1. | ||
(b) Within 90 days after the notice of statutory summary
| ||
suspension or revocation served under Section
11-501.1, the | ||
person may make a written request for a judicial hearing in
the | ||
circuit court of venue. The request to the circuit court shall | ||
state
the grounds upon which the person seeks to have the | ||
statutory summary
suspension or revocation rescinded. Within | ||
30 days after receipt of the written request
or the first | ||
appearance date on the Uniform Traffic Ticket issued pursuant
| ||
to a violation of Section 11-501, or a similar provision of a | ||
local
ordinance, the hearing shall be conducted by the circuit | ||
court having
jurisdiction. This judicial hearing, request, or | ||
process shall not stay or
delay the statutory summary |
suspension or revocation . The hearings shall proceed in the
| ||
court in the same manner as in other civil proceedings. | ||
The hearing may be conducted upon a review of the law | ||
enforcement
officer's own official reports; provided however, | ||
that the person may
subpoena the officer. Failure of the | ||
officer to answer the subpoena shall
be considered grounds for | ||
a continuance if in the court's discretion the
continuance is | ||
appropriate. | ||
The scope of the hearing shall be limited to the issues of: | ||
1. Whether the person was placed under arrest for an | ||
offense as defined
in Section 11-501, or a similar | ||
provision of a local ordinance, as evidenced
by the | ||
issuance of a Uniform Traffic Ticket, or issued a Uniform | ||
Traffic
Ticket out of state as provided in subsection (a) | ||
of Section 11-501.1; and | ||
2. Whether the officer had reasonable grounds to | ||
believe that
the person was driving or in actual physical | ||
control of a motor vehicle
upon a highway while under the | ||
influence of alcohol, other drug, or
combination of both; | ||
and | ||
3. Whether the person, after being advised by the | ||
officer
that the privilege to operate a motor vehicle would | ||
be suspended or revoked if the
person refused to submit to | ||
and complete the test or tests, did refuse to
submit to or | ||
complete the test or tests to determine the person's | ||
alcohol
or drug concentration; or |
4. Whether the person, after being advised by the | ||
officer that
the privilege to operate a motor vehicle would | ||
be suspended if the person
submits to a chemical test, or | ||
tests, and the test discloses an alcohol
concentration of | ||
0.08 or more, or any amount of a drug, substance,
or | ||
compound in the person's blood or urine resulting from the | ||
unlawful use or
consumption of cannabis listed in the | ||
Cannabis Control Act, a controlled
substance listed in the | ||
Illinois Controlled Substances Act, an intoxicating
| ||
compound as listed in the Use of Intoxicating Compounds | ||
Act, or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act, and the person
did | ||
submit to and complete the test or tests that determined an | ||
alcohol
concentration of 0.08 or more. | ||
5. If the person's driving privileges were revoked, | ||
whether the person was involved in a motor vehicle accident | ||
that caused Type A injury or death to another. | ||
Upon the conclusion of the judicial hearing, the circuit | ||
court shall
sustain or rescind the statutory summary suspension | ||
or revocation and immediately notify
the Secretary of State. | ||
Reports received by the Secretary of State under
this Section | ||
shall be privileged information and for use only by the
courts, | ||
police officers, and Secretary of State. | ||
(Source: P.A. 95-355, eff. 1-1-08.)
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(625 ILCS 5/6-106.1a)
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Sec. 6-106.1a. Cancellation of school bus driver permit; | ||
trace of alcohol.
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(a) A person who has been issued a school bus driver permit | ||
by the Secretary
of State in accordance with Section 6-106.1 of | ||
this Code and who drives or is
in actual physical control of a | ||
school bus
or any other vehicle owned or operated by or for a | ||
public or private
school, or a school operated by a religious | ||
institution, when the vehicle is
being used over a regularly | ||
scheduled route for the transportation of persons
enrolled as | ||
students in grade 12 or below, in connection with any activity | ||
of
the entities listed, upon the public highways of this State | ||
shall be
deemed to have given consent to a chemical test or | ||
tests of blood, breath, or
urine for the purpose of determining | ||
the alcohol content of the person's blood
if arrested, as | ||
evidenced
by the issuance of a Uniform Traffic Ticket for any | ||
violation of this
Code or a similar provision of a local | ||
ordinance, if a police officer
has probable cause to believe | ||
that the driver has consumed any amount of an
alcoholic | ||
beverage based upon evidence of the driver's physical condition
| ||
or other first hand knowledge of the police officer. The test | ||
or tests shall
be administered at the direction of the | ||
arresting officer. The law enforcement
agency employing the | ||
officer shall designate which of the aforesaid tests shall
be | ||
administered. A urine test may be administered even after a | ||
blood or breath
test or both has been administered.
| ||
(b) A person who is dead, unconscious, or who is otherwise |
in a condition
rendering that person incapable of refusal, | ||
shall be deemed not to have
withdrawn the consent provided by | ||
paragraph (a) of this Section and the test or
tests may be | ||
administered subject to the following provisions:
| ||
(1) Chemical analysis of the person's blood, urine, | ||
breath, or
other substance,
to be considered valid under | ||
the provisions of this Section, shall have been
performed | ||
according to standards promulgated by the Department of | ||
State Police by an
individual
possessing a valid permit | ||
issued by the Department of State Police for this
purpose. | ||
The
Director of State Police is authorized to approve | ||
satisfactory techniques
or
methods, to ascertain the | ||
qualifications and competence of individuals to
conduct | ||
analyses, to issue
permits that shall be subject to | ||
termination or revocation at the direction of
the | ||
Department of State Police, and to certify the
accuracy of | ||
breath testing
equipment. The
Department of State Police | ||
shall prescribe rules as
necessary.
| ||
(2) When a person submits to a blood test at the | ||
request of a law
enforcement officer under the provisions | ||
of this Section, only a physician
authorized to practice | ||
medicine, a registered nurse, or other qualified person
| ||
trained in venipuncture and acting under the direction of a | ||
licensed physician
may withdraw blood for the purpose of | ||
determining the alcohol content.
This limitation does not | ||
apply to the taking of breath or urine specimens.
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(3) The person tested may have a physician, qualified | ||
technician, chemist,
registered nurse, or other qualified | ||
person of his or her own choosing
administer a chemical | ||
test or tests in addition to any test or tests
administered | ||
at the direction of a law enforcement officer. The test
| ||
administered at the request of the person may be admissible | ||
into evidence at a
hearing conducted in accordance with | ||
Section 2-118 of this Code. The failure
or inability to | ||
obtain an additional test by a person shall not preclude | ||
the
consideration of the previously performed chemical | ||
test.
| ||
(4) Upon a request of the person who submits to a | ||
chemical test or tests
at the request of a law enforcement | ||
officer, full information concerning the
test or tests | ||
shall be made available to the person or that person's
| ||
attorney by the requesting law enforcement agency within 72 | ||
hours of receipt of
the test result.
| ||
(5) Alcohol concentration means either grams of | ||
alcohol per 100
milliliters of blood or grams of alcohol | ||
per 210 liters of breath.
| ||
(6) If a driver is receiving medical treatment as a | ||
result of a motor
vehicle accident, a physician licensed to | ||
practice medicine, registered nurse,
or other qualified | ||
person trained in venipuncture and acting under the
| ||
direction of a
licensed physician shall withdraw blood for | ||
testing purposes to ascertain the
presence of alcohol upon |
the specific request of a law enforcement officer.
However, | ||
that testing shall not be performed until, in the opinion | ||
of the
medical personnel on scene, the withdrawal can be | ||
made without interfering with
or endangering the | ||
well-being of the patient.
| ||
(c) A person requested to submit to a test as provided in | ||
this Section shall
be warned
by the law enforcement officer | ||
requesting the test that a refusal to submit to
the test, or
| ||
submission to the test resulting in an alcohol concentration of | ||
more than 0.00,
may result
in the loss of that person's | ||
privilege to possess a school bus driver
permit. The loss of | ||
the individual's privilege to possess a school bus driver
| ||
permit shall be imposed in accordance with Section 6-106.1b of | ||
this Code.
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(d) If the person refuses testing or submits to a test that | ||
discloses an
alcohol concentration of more than 0.00, the law | ||
enforcement officer shall
immediately submit a sworn report to | ||
the Secretary of State on a form
prescribed by the Secretary of | ||
State certifying that the test or tests were
requested under | ||
subsection (a) and the person refused to submit to a test or
| ||
tests or submitted to testing which disclosed an alcohol | ||
concentration of more
than 0.00. The law enforcement officer | ||
shall submit the same sworn report when
a person who has been | ||
issued a school bus driver permit and who was operating a
| ||
school bus or any other vehicle owned
or operated by or for a | ||
public or private school, or a school operated by a
religious |
institution, when the vehicle is being used over a regularly
| ||
scheduled route for the transportation of persons enrolled as | ||
students in grade
12 or below, in connection with
any activity | ||
of the entities listed, submits to testing under Section | ||
11-501.1
of this Code and the testing discloses an alcohol | ||
concentration of more than
0.00 and less than the alcohol | ||
concentration at which driving or being in
actual physical | ||
control of a motor vehicle is prohibited under paragraph (1) of
| ||
subsection (a) of Section 11-501.
| ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall enter the school bus | ||
driver permit sanction on the
individual's driving record and | ||
the sanction shall be effective on the
46th day following the | ||
date notice of the sanction was given to the person.
| ||
The law enforcement officer submitting the sworn report | ||
shall serve immediate
notice of this school bus driver permit | ||
sanction on the person and the sanction
shall be effective on | ||
the 46th day following the date notice was given.
| ||
In cases where the blood alcohol concentration of more than | ||
0.00 is
established by a subsequent analysis of blood or urine, | ||
the police officer or
arresting agency shall give notice as | ||
provided in this Section or by deposit in
the United States | ||
mail of that notice in an envelope with postage prepaid and
| ||
addressed to that person at his or her last known address and | ||
the loss of the
school
bus driver permit shall be effective on | ||
the 46th day following the date notice
was given.
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Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall also give notice of the | ||
school bus driver permit sanction to the
driver and the | ||
driver's current employer by mailing a notice of the effective
| ||
date of the sanction to the individual. However, shall the | ||
sworn report be
defective by not containing sufficient | ||
information or be completed in error,
the notice of the school | ||
bus driver permit sanction may not be mailed to the
person or | ||
his current employer or entered to the driving record,
but | ||
rather the sworn report shall be returned to the issuing law | ||
enforcement
agency.
| ||
(e) A driver may contest this school bus driver permit | ||
sanction by
requesting an administrative hearing with the | ||
Secretary of State in accordance
with Section 2-118 of this | ||
Code. An individual whose blood alcohol
concentration is shown | ||
to be more than 0.00 is not subject to this Section if
he or she | ||
consumed alcohol in the performance of a religious service or
| ||
ceremony. An individual whose blood alcohol concentration is | ||
shown to be more
than 0.00 shall not be subject to this Section | ||
if the individual's blood
alcohol concentration resulted only | ||
from ingestion of the prescribed or
recommended dosage of | ||
medicine that contained alcohol. The petition for that
hearing | ||
shall not stay or delay the effective date of the impending | ||
suspension.
The scope of this hearing shall be limited to the | ||
issues of:
| ||
(1) whether the police officer had probable cause to |
believe that the
person was driving or in actual physical | ||
control of a school bus
or any other vehicle owned or | ||
operated by or for a
public or private school, or a
school | ||
operated by a religious institution, when the vehicle is | ||
being used
over a regularly scheduled route for the | ||
transportation of persons enrolled as
students in grade 12 | ||
or below, in connection with any activity of the entities
| ||
listed, upon the public highways of the State and the | ||
police officer had reason
to believe that the person was in | ||
violation of any provision of this
Code or a similar | ||
provision of a local ordinance; and
| ||
(2) whether the person was issued a Uniform Traffic | ||
Ticket for any
violation of this Code or a similar | ||
provision of a local
ordinance; and
| ||
(3) whether the police officer had probable cause to | ||
believe that the
driver had
consumed any amount of an | ||
alcoholic beverage based upon the driver's
physical | ||
actions or other first-hand knowledge of the police | ||
officer; and
| ||
(4) whether the person, after being advised by the | ||
officer that the
privilege to possess a school bus driver | ||
permit would be canceled if the person
refused to submit to | ||
and complete the test or tests, did refuse to submit to or
| ||
complete the test or tests to determine the person's | ||
alcohol concentration; and
| ||
(5) whether the person, after being advised by the |
officer that the
privileges to possess a school bus driver | ||
permit would be canceled if the
person submits to a | ||
chemical test or tests and the test or tests disclose an
| ||
alcohol concentration of more than 0.00 and
the person did | ||
submit to and complete the test or tests that determined an
| ||
alcohol concentration of more than 0.00; and
| ||
(6) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol in the performance of a
religious service or | ||
ceremony; and
| ||
(7) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol through ingestion of the
prescribed or | ||
recommended dosage of medicine.
| ||
The Secretary of State may adopt administrative rules | ||
setting forth
circumstances under which the holder of a school | ||
bus driver permit is not
required to
appear in
person at the | ||
hearing.
| ||
Provided that the petitioner may subpoena the officer, the | ||
hearing may be
conducted upon a review of the law enforcement | ||
officer's own official
reports. Failure of the officer to | ||
answer the subpoena shall be grounds for a
continuance if, in | ||
the hearing officer's discretion, the continuance is
| ||
appropriate. At the conclusion of the hearing held under | ||
Section 2-118 of this
Code, the Secretary of State may rescind, | ||
continue, or modify
the school bus driver permit sanction.
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(f) The results of any chemical testing performed in | ||
accordance with
subsection (a) of this Section are not | ||
admissible in any civil or criminal
proceeding, except that the | ||
results
of the testing may be considered at a hearing held | ||
under Section 2-118 of this
Code. However, the results of the | ||
testing may not be used to impose
driver's license sanctions | ||
under Section 11-501.1 of this Code. A law
enforcement officer | ||
may, however, pursue a statutory summary suspension or | ||
revocation of
driving privileges under Section 11-501.1 of this | ||
Code if other physical
evidence or first hand knowledge forms | ||
the basis of that suspension or revocation .
| ||
(g) This Section applies only to drivers who have been | ||
issued a school bus
driver permit in accordance with Section | ||
6-106.1 of this Code at the time of
the issuance of the Uniform | ||
Traffic Ticket for a violation of this
Code or a similar | ||
provision of a local ordinance, and a chemical test
request is | ||
made under this Section.
| ||
(h) The action of the Secretary of State in suspending, | ||
revoking, canceling,
or denying any license, permit, | ||
registration, or certificate of title shall be
subject to | ||
judicial review in the Circuit Court of Sangamon County or in | ||
the
Circuit Court of Cook County, and the provisions of the | ||
Administrative Review
Law and its rules are hereby adopted and | ||
shall apply to and govern every
action for the judicial review | ||
of final acts or decisions of the Secretary of
State under this | ||
Section.
|
(Source: P.A. 90-107, eff. 1-1-98; 91-124, eff. 7-16-99; | ||
91-828, eff. 1-1-01.)
| ||
(625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118) | ||
Sec. 6-118. Fees. | ||
(a) The fee for licenses and permits under this
Article is | ||
as follows: | ||
Original driver's license .............................$30 | ||
Original or renewal driver's license | ||
issued to 18, 19 and 20 year olds .................. 5 | ||
All driver's licenses for persons | ||
age 69 through age 80 .............................. 5 | ||
All driver's licenses for persons | ||
age 81 through age 86 .............................. 2 | ||
All driver's licenses for persons | ||
age 87 or older .....................................0 | ||
Renewal driver's license (except for | ||
applicants ages 18, 19 and 20 or | ||
age 69 and older) ..................................30 | ||
Original instruction permit issued to | ||
persons (except those age 69 and older) | ||
who do not hold or have not previously | ||
held an Illinois instruction permit or | ||
driver's license .................................. 20 | ||
Instruction permit issued to any person | ||
holding an Illinois driver's license |
who wishes a change in classifications, | ||
other than at the time of renewal .................. 5 | ||
Any instruction permit issued to a person | ||
age 69 and older ................................... 5 | ||
Instruction permit issued to any person, | ||
under age 69, not currently holding a | ||
valid Illinois driver's license or | ||
instruction permit but who has | ||
previously been issued either document | ||
in Illinois ....................................... 10 | ||
Restricted driving permit .............................. 8 | ||
Monitoring device driving permit ...................... 8 | ||
Duplicate or corrected driver's license | ||
or permit .......................................... 5 | ||
Duplicate or corrected restricted | ||
driving permit ..................................... 5 | ||
Duplicate or corrected monitoring | ||
device driving permit .................................. 5 | ||
Original or renewal M or L endorsement ................. 5 | ||
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||
The fees for commercial driver licenses and permits | ||
under Article V
shall be as follows: | ||
Commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet Fund | ||
(Commercial Driver's License Information | ||
System/American Association of Motor Vehicle |
Administrators network Trust Fund); | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; | ||
and $24 for the CDL: ............................. $60 | ||
Renewal commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet Trust Fund; | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; and | ||
$24 for the CDL: ................................. $60 | ||
Commercial driver instruction permit | ||
issued to any person holding a valid | ||
Illinois driver's license for the | ||
purpose of changing to a | ||
CDL classification: $6 for the | ||
CDLIS/AAMVAnet Trust Fund; | ||
$20 for the Motor Carrier | ||
Safety Inspection Fund; and | ||
$24 for the CDL classification ................... $50 | ||
Commercial driver instruction permit | ||
issued to any person holding a valid | ||
Illinois CDL for the purpose of | ||
making a change in a classification, | ||
endorsement or restriction ........................ $5 | ||
CDL duplicate or corrected license .................... $5 | ||
In order to ensure the proper implementation of the Uniform | ||
Commercial
Driver License Act, Article V of this Chapter, the |
Secretary of State is
empowered to pro-rate the $24 fee for the | ||
commercial driver's license
proportionate to the expiration | ||
date of the applicant's Illinois driver's
license. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person age 60 or older who presents the Secretary of | ||
State's office with a
police report showing that his license or | ||
permit was stolen. | ||
No additional fee shall be charged for a driver's license, | ||
or for a
commercial driver's license, when issued
to the holder | ||
of an instruction permit for the same classification or
type of | ||
license who becomes eligible for such
license. | ||
(b) Any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked under | ||
Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||
Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||
Responsibility Law of this Code, shall in addition to any other
| ||
fees required by this Code, pay a reinstatement fee as follows: | ||
Suspension under Section 3-707 .....................
$100
| ||
Summary suspension under Section 11-501.1 ...........$250
| ||
Summary revocation under Section 11-501.1 ............$500 | ||
Other suspension ......................................$70 | ||
Revocation ...........................................$500 | ||
However, any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked for a | ||
second or subsequent time
for a violation of Section 11-501 or | ||
11-501.1
of this Code or a similar provision of a local |
ordinance
or a similar out-of-state offense
or Section 9-3 of | ||
the Criminal Code of 1961
and each suspension or revocation was | ||
for a violation of Section 11-501 or
11-501.1 of this Code or a | ||
similar provision of a local ordinance
or a similar | ||
out-of-state offense
or Section
9-3 of the Criminal Code of | ||
1961
shall pay, in addition to any other
fees required by this | ||
Code, a
reinstatement
fee as follows: | ||
Summary suspension under Section 11-501.1 ............$500 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Revocation ...........................................$500 | ||
(c) All fees collected under the provisions of this Chapter | ||
6 shall be
paid into the Road Fund in the State Treasury except | ||
as follows: | ||
1. The following amounts shall be paid into the Driver | ||
Education Fund: | ||
(A) $16 of the $20
fee for an original driver's | ||
instruction permit; | ||
(B) $5 of the $30 fee for an original driver's | ||
license; | ||
(C) $5 of the $30 fee for a 4 year renewal driver's | ||
license;
| ||
(D) $4 of the $8 fee for a restricted driving | ||
permit; and | ||
(E) $4 of the $8 fee for a monitoring device | ||
driving permit. | ||
2. $30 of the $250 fee for reinstatement of a
license
|
summarily suspended under Section 11-501.1 shall be | ||
deposited into the
Drunk and Drugged Driving Prevention | ||
Fund.
However, for a person whose license or privilege to | ||
operate a motor vehicle
in this State has been suspended or | ||
revoked for a second or subsequent time for
a violation of | ||
Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||
the
Criminal Code of 1961,
$190 of the $500 fee for | ||
reinstatement of a license summarily
suspended under
| ||
Section 11-501.1,
and $190 of the $500 fee for | ||
reinstatement of a revoked license
shall be deposited into | ||
the Drunk and Drugged Driving Prevention Fund. $190 of the | ||
$500 fee for reinstatement of a license summarily revoked | ||
pursuant to Section 11-501.1 shall be deposited into the | ||
Drunk and Drugged Driving Prevention Fund. | ||
3. $6 of such original or renewal fee for a commercial | ||
driver's
license and $6 of the commercial driver | ||
instruction permit fee when such
permit is issued to any | ||
person holding a valid Illinois driver's license,
shall be | ||
paid into the CDLIS/AAMVAnet Trust Fund. | ||
4. $30 of the $70 fee for reinstatement of a license | ||
suspended
under the
Family
Financial Responsibility Law | ||
shall be paid into the Family Responsibility
Fund. | ||
5. The $5 fee for each original or renewal M or L | ||
endorsement shall be
deposited into the Cycle Rider Safety | ||
Training Fund. | ||
6. $20 of any original or renewal fee for a commercial |
driver's
license or commercial driver instruction permit | ||
shall be paid into the Motor
Carrier Safety Inspection | ||
Fund. | ||
7. The following amounts shall be paid into the General | ||
Revenue Fund: | ||
(A) $190 of the $250 reinstatement fee for a | ||
summary suspension under
Section 11-501.1; | ||
(B) $40 of the $70 reinstatement fee for any other | ||
suspension provided
in subsection (b) of this Section; | ||
and | ||
(C) $440 of the $500 reinstatement fee for a first | ||
offense revocation
and $310 of the $500 reinstatement | ||
fee for a second or subsequent revocation. | ||
(d) All of the proceeds of the additional fees imposed by | ||
this amendatory Act of the 96th General Assembly shall be | ||
deposited into the Capital Projects Fund. | ||
(e) The additional fees imposed by this amendatory Act of | ||
the 96th General Assembly shall become effective 90 days after | ||
becoming law. | ||
(Source: P.A. 95-855, eff. 1-1-09; 96-34, eff. 7-13-09; 96-38, | ||
eff. 7-13-09.) | ||
(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205) | ||
Sec. 6-205. Mandatory revocation of license or permit; | ||
Hardship cases. | ||
(a) Except as provided in this Section, the Secretary of |
State shall
immediately revoke the license, permit, or driving | ||
privileges of
any driver upon receiving a
report of the | ||
driver's conviction of any of the following offenses: | ||
1. Reckless homicide resulting from the operation of a | ||
motor vehicle; | ||
2. Violation of Section 11-501 of this Code or a | ||
similar provision of
a local ordinance relating to the | ||
offense of operating or being in physical
control of a | ||
vehicle while under the influence of alcohol, other drug or
| ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof; | ||
3. Any felony under the laws of any State or the | ||
federal government
in the commission of which a motor | ||
vehicle was used; | ||
4. Violation of Section 11-401 of this Code relating to | ||
the offense of
leaving the scene of a traffic accident | ||
involving death or personal injury; | ||
5. Perjury or the making of a false affidavit or | ||
statement under
oath to the Secretary of State under this | ||
Code or under any
other law relating to the ownership or | ||
operation of motor vehicles; | ||
6. Conviction upon 3 charges of violation of Section | ||
11-503 of this
Code relating to the offense of reckless | ||
driving committed within a
period of 12 months; | ||
7. Conviction of any offense
defined in
Section 4-102 | ||
of this Code; |
8. Violation of Section 11-504 of this Code relating to | ||
the offense
of drag racing; | ||
9. Violation of Chapters 8 and 9 of this Code; | ||
10. Violation of Section 12-5 of the Criminal Code of | ||
1961 arising from
the use of a motor vehicle; | ||
11. Violation of Section 11-204.1 of this Code relating | ||
to aggravated
fleeing or attempting to elude a peace | ||
officer; | ||
12. Violation of paragraph (1) of subsection (b) of | ||
Section 6-507,
or a similar law of any other state, | ||
relating to the
unlawful operation of a commercial motor | ||
vehicle; | ||
13. Violation of paragraph (a) of Section 11-502 of | ||
this Code or a
similar provision of a local ordinance if | ||
the driver has been previously
convicted of a violation of | ||
that Section or a similar provision of a local
ordinance | ||
and the driver was less than 21 years of age at the time of | ||
the
offense; | ||
14. Violation of paragraph (a) of Section 11-506 of | ||
this Code or a similar provision of a local ordinance | ||
relating to the offense of street racing;
| ||
15. A second or subsequent conviction of driving while | ||
the person's driver's license, permit or privileges was | ||
revoked for reckless homicide or a similar out-of-state | ||
offense. | ||
(b) The Secretary of State shall also immediately revoke |
the license
or permit of any driver in the following | ||
situations: | ||
1. Of any minor upon receiving the notice provided for | ||
in Section
5-901 of the Juvenile Court Act of 1987 that the | ||
minor has been
adjudicated under that Act as having | ||
committed an offense relating to
motor vehicles prescribed | ||
in Section 4-103 of this Code; | ||
2. Of any person when any other law of this State | ||
requires either the
revocation or suspension of a license | ||
or permit; | ||
3. Of any person adjudicated under the Juvenile Court | ||
Act of 1987 based on an offense determined to have been | ||
committed in furtherance of the criminal activities of an | ||
organized gang as provided in Section 5-710 of that Act, | ||
and that involved the operation or use of a motor vehicle | ||
or the use of a driver's license or permit. The revocation | ||
shall remain in effect for the period determined by the | ||
court. Upon the direction of the court, the Secretary shall | ||
issue the person a judicial driving permit, also known as a | ||
JDP. The JDP shall be subject to the same terms as a JDP | ||
issued under Section 6-206.1, except that the court may | ||
direct that a JDP issued under this subdivision (b)(3) be | ||
effective immediately.
| ||
(c)(1) Except as provided in subsection (c-5), whenever a | ||
person is convicted of any of the offenses enumerated in
this | ||
Section, the court may recommend and the Secretary of State in |
his
discretion, without regard to whether the recommendation is | ||
made by the
court may, upon application,
issue to the person a
| ||
restricted driving permit granting the privilege of driving a | ||
motor
vehicle between the petitioner's residence and | ||
petitioner's place
of employment or within the scope of the | ||
petitioner's employment related
duties, or to allow the | ||
petitioner to transport himself or herself or a family member
| ||
of the petitioner's household to a medical facility for the | ||
receipt of necessary medical care or to allow the
petitioner to | ||
transport himself or herself to and from alcohol or drug | ||
remedial or rehabilitative activity recommended by a licensed | ||
service provider, or to allow the
petitioner to transport | ||
himself or herself or a family member of the petitioner's | ||
household to classes, as a student, at an accredited | ||
educational
institution, or to allow the petitioner to | ||
transport children living in the petitioner's household to and | ||
from daycare; if the petitioner is able to demonstrate that no | ||
alternative means
of transportation is reasonably available | ||
and that the petitioner will not endanger
the public safety or | ||
welfare; provided that the Secretary's discretion shall be
| ||
limited to cases where undue hardship, as defined by the rules | ||
of the Secretary of State, would result from a failure to issue | ||
the
restricted driving permit. Those multiple offenders | ||
identified in subdivision (b)4 of Section 6-208 of this Code, | ||
however, shall not be eligible for the issuance of a restricted | ||
driving permit. |
(2) If a person's license or permit is revoked or | ||
suspended due to 2 or
more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local | ||
ordinance or a similar out-of-state offense, or Section 9-3 | ||
of the Criminal Code of 1961, where the use of alcohol or | ||
other drugs is recited as an element of the offense, or a | ||
similar out-of-state offense, or a combination of these | ||
offenses, arising out
of separate occurrences, that | ||
person, if issued a restricted driving permit,
may not | ||
operate a vehicle unless it has been equipped with an | ||
ignition
interlock device as defined in Section 1-129.1. | ||
(3) If:
| ||
(A) a person's license or permit is revoked or | ||
suspended 2 or more
times within a 10 year period due | ||
to any combination of: | ||
(i)
a single conviction of violating Section
| ||
11-501 of this Code or a similar provision of a | ||
local ordinance or a similar
out-of-state offense, | ||
or Section 9-3 of the Criminal Code of 1961, where | ||
the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state | ||
offense; or | ||
(ii)
a statutory summary suspension or | ||
revocation under Section
11-501.1; or | ||
(iii)
a suspension pursuant to Section | ||
6-203.1;
|
arising out of
separate occurrences; or | ||
(B)
a person has been convicted of one violation of | ||
Section 6-303 of this Code committed while his or her | ||
driver's license, permit, or privilege was revoked | ||
because of a violation of Section 9-3 of the Criminal | ||
Code of 1961, relating to the offense of reckless | ||
homicide where the use of alcohol or other drugs was | ||
recited as an element of the offense, or a similar | ||
provision of a law of another state;
| ||
that person, if issued a restricted
driving permit, may not | ||
operate a vehicle unless it has been equipped with an
| ||
ignition interlock device as defined in Section 1-129.1. | ||
(4)
The person issued a permit conditioned on the use | ||
of an ignition interlock device must pay to the Secretary | ||
of State DUI Administration Fund an amount
not to exceed | ||
$30 per month. The Secretary shall establish by rule the | ||
amount
and the procedures, terms, and conditions relating | ||
to these fees. | ||
(5)
If the restricted driving permit is issued for | ||
employment purposes, then
the prohibition against | ||
operating a motor vehicle that is not equipped with an | ||
ignition interlock device does not apply to the operation | ||
of an occupational vehicle
owned or leased by that person's | ||
employer when used solely for employment purposes. | ||
(6)
In each case the Secretary of State may issue a
| ||
restricted driving permit for a period he deems |
appropriate, except that the
permit shall expire within one | ||
year from the date of issuance. The Secretary
may not, | ||
however, issue a restricted driving permit to any person | ||
whose current
revocation is the result of a second or | ||
subsequent conviction for a violation
of Section 11-501 of | ||
this Code or a similar provision of a local ordinance
or | ||
any similar out-of-state offense, or Section 9-3 of the | ||
Criminal Code of 1961, where the use of alcohol or other | ||
drugs is recited as an element of the offense, or any | ||
similar out-of-state offense, or any combination of these | ||
offenses, until the expiration of at least one year from | ||
the date of the
revocation. A restricted
driving permit | ||
issued under this Section shall be
subject to cancellation, | ||
revocation, and suspension by the Secretary of
State in | ||
like manner and for like cause as a driver's license issued
| ||
under this Code may be cancelled, revoked, or
suspended; | ||
except that a conviction upon one or more offenses against | ||
laws or
ordinances regulating the movement of traffic shall | ||
be deemed sufficient cause
for the revocation, suspension, | ||
or cancellation of a restricted driving permit.
The | ||
Secretary of State may, as a condition to the issuance of a | ||
restricted
driving permit, require the petitioner to | ||
participate in a designated driver
remedial or | ||
rehabilitative program. The Secretary of State is | ||
authorized to
cancel a restricted driving permit if the | ||
permit holder does not successfully
complete the program. |
However, if an individual's driving privileges have been
| ||
revoked in accordance with paragraph 13 of subsection (a) | ||
of this Section, no
restricted driving permit shall be | ||
issued until the individual has served 6
months of the | ||
revocation period. | ||
(c-5) (Blank).
| ||
(c-6) If a person is convicted of a second violation of | ||
operating a motor vehicle while the person's driver's license, | ||
permit or privilege was revoked, where the revocation was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 relating | ||
to the offense of reckless homicide or a similar out-of-state | ||
offense, the person's driving privileges shall be revoked | ||
pursuant to subdivision (a)(15) of this Section. The person may | ||
not make application for a license or permit until the | ||
expiration of five years from the effective date of the | ||
revocation or the expiration of five years from the date of | ||
release from a term of imprisonment, whichever is later. | ||
(c-7) If a person is convicted of a third or subsequent | ||
violation of operating a motor vehicle while the person's | ||
driver's license, permit or privilege was revoked, where the | ||
revocation was for a violation of Section 9-3 of the Criminal | ||
Code of 1961 relating to the offense of reckless homicide or a | ||
similar out-of-state offense, the person may never apply for a | ||
license or permit. | ||
(d)(1) Whenever a person under the age of 21 is convicted | ||
under Section
11-501 of this Code or a similar provision of a |
local ordinance or a similar out-of-state offense, the
| ||
Secretary of State shall revoke the driving privileges of that | ||
person. One
year after the date of revocation, and upon | ||
application, the Secretary of
State may, if satisfied that the | ||
person applying will not endanger the
public safety or welfare, | ||
issue a restricted driving permit granting the
privilege of | ||
driving a motor vehicle only between the hours of 5 a.m. and 9
| ||
p.m. or as otherwise provided by this Section for a period of | ||
one year.
After this one year period, and upon reapplication | ||
for a license as
provided in Section 6-106, upon payment of the | ||
appropriate reinstatement
fee provided under paragraph (b) of | ||
Section 6-118, the Secretary of State,
in his discretion, may
| ||
reinstate the petitioner's driver's license and driving | ||
privileges, or extend the restricted driving permit as many | ||
times as the
Secretary of State deems appropriate, by | ||
additional periods of not more than
12 months each. | ||
(2) If a person's license or permit is revoked or | ||
suspended due to 2 or
more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local | ||
ordinance or a similar out-of-state offense, or Section 9-3 | ||
of the Criminal Code of 1961, where the use of alcohol or | ||
other drugs is recited as an element of the offense, or a | ||
similar out-of-state offense, or a combination of these | ||
offenses, arising out
of separate occurrences, that | ||
person, if issued a restricted driving permit,
may not | ||
operate a vehicle unless it has been equipped with an |
ignition
interlock device as defined in Section 1-129.1. | ||
(3) If a person's license or permit is revoked or | ||
suspended 2 or more times
within a 10 year period due to | ||
any combination of: | ||
(A) a single conviction of violating Section | ||
11-501
of this
Code or a similar provision of a local | ||
ordinance or a similar out-of-state
offense, or | ||
Section 9-3 of the Criminal Code of 1961, where the use | ||
of alcohol or other drugs is recited as an element of | ||
the offense, or a similar out-of-state offense; or | ||
(B)
a statutory summary suspension or revocation | ||
under Section 11-501.1; or | ||
(C) a suspension pursuant to Section 6-203.1; | ||
arising out of separate occurrences, that person, if issued | ||
a
restricted
driving permit, may not operate a vehicle | ||
unless it has been equipped with an
ignition interlock | ||
device as defined in Section 1-129.1. | ||
(4)
The person issued a permit conditioned upon the use | ||
of an interlock device must pay to the Secretary of State | ||
DUI Administration Fund an amount
not to exceed $30 per | ||
month. The Secretary shall establish by rule the amount
and | ||
the procedures, terms, and conditions relating to these | ||
fees. | ||
(5)
If the restricted driving permit is issued for | ||
employment purposes, then
the prohibition against driving | ||
a vehicle that is not equipped with an ignition interlock |
device does not apply to the operation of an occupational | ||
vehicle
owned or leased by that person's employer when used | ||
solely for employment purposes. | ||
(6) A
restricted driving permit issued under this | ||
Section shall be subject to
cancellation, revocation, and | ||
suspension by the Secretary of State in like
manner and for | ||
like cause as a driver's license issued under this Code may | ||
be
cancelled, revoked, or suspended; except that a | ||
conviction upon one or more
offenses against laws or | ||
ordinances regulating the movement of traffic
shall be | ||
deemed sufficient cause for the revocation, suspension, or
| ||
cancellation of a restricted driving permit.
| ||
(d-5) The revocation of the license, permit, or driving | ||
privileges of a person convicted of a third or subsequent | ||
violation of Section 6-303 of this Code committed while his or | ||
her driver's license, permit, or privilege was revoked because | ||
of a violation of Section 9-3 of the Criminal Code of 1961, | ||
relating to the offense of reckless homicide, or a similar | ||
provision of a law of another state, is permanent. The | ||
Secretary may not, at any time, issue a license or permit to | ||
that person.
| ||
(e) This Section is subject to the provisions of the Driver | ||
License
Compact. | ||
(f) Any revocation imposed upon any person under | ||
subsections 2
and 3 of paragraph (b) that is in effect on | ||
December 31, 1988 shall be
converted to a suspension for a like |
period of time. | ||
(g) The Secretary of State shall not issue a restricted | ||
driving permit to
a person under the age of 16 years whose | ||
driving privileges have been revoked
under any provisions of | ||
this Code. | ||
(h) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by a person | ||
who has been convicted of a
second or subsequent offense under | ||
Section 11-501 of this Code or a similar
provision of a local | ||
ordinance. The person must pay to the Secretary of State DUI | ||
Administration Fund an amount not to exceed $30 for each month | ||
that he or she uses the device. The Secretary shall establish | ||
by rule and
regulation the procedures for certification and use | ||
of the interlock
system, the amount of the fee, and the | ||
procedures, terms, and conditions relating to these fees. | ||
(i) (Blank). | ||
(j) In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding a | ||
CDL whose driving privileges have been revoked, suspended, | ||
cancelled, or disqualified under any provisions of this Code.
| ||
(Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | ||
eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | ||
eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | ||
96-607, eff. 8-24-09.) |
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) | ||
Sec. 6-206. Discretionary authority to suspend or revoke | ||
license or
permit; Right to a hearing. | ||
(a) The Secretary of State is authorized to suspend or | ||
revoke the
driving privileges of any person without preliminary | ||
hearing upon a showing
of the person's records or other | ||
sufficient evidence that
the person: | ||
1. Has committed an offense for which mandatory | ||
revocation of
a driver's license or permit is required upon | ||
conviction; | ||
2. Has been convicted of not less than 3 offenses | ||
against traffic
regulations governing the movement of | ||
vehicles committed within any 12
month period. No | ||
revocation or suspension shall be entered more than
6 | ||
months after the date of last conviction; | ||
3. Has been repeatedly involved as a driver in motor | ||
vehicle
collisions or has been repeatedly convicted of | ||
offenses against laws and
ordinances regulating the | ||
movement of traffic, to a degree that
indicates lack of | ||
ability to exercise ordinary and reasonable care in
the | ||
safe operation of a motor vehicle or disrespect for the | ||
traffic laws
and the safety of other persons upon the | ||
highway; | ||
4. Has by the unlawful operation of a motor vehicle | ||
caused or
contributed to an accident resulting in death or | ||
injury requiring
immediate professional treatment in a |
medical facility or doctor's office
to any person, except | ||
that any suspension or revocation imposed by the
Secretary | ||
of State under the provisions of this subsection shall | ||
start no
later than 6 months after being convicted of | ||
violating a law or
ordinance regulating the movement of | ||
traffic, which violation is related
to the accident, or | ||
shall start not more than one year
after
the date of the | ||
accident, whichever date occurs later; | ||
5. Has permitted an unlawful or fraudulent use of a | ||
driver's
license, identification card, or permit; | ||
6. Has been lawfully convicted of an offense or | ||
offenses in another
state, including the authorization | ||
contained in Section 6-203.1, which
if committed within | ||
this State would be grounds for suspension or revocation; | ||
7. Has refused or failed to submit to an examination | ||
provided for by
Section 6-207 or has failed to pass the | ||
examination; | ||
8. Is ineligible for a driver's license or permit under | ||
the provisions
of Section 6-103; | ||
9. Has made a false statement or knowingly concealed a | ||
material fact
or has used false information or | ||
identification in any application for a
license, | ||
identification card, or permit; | ||
10. Has possessed, displayed, or attempted to | ||
fraudulently use any
license, identification card, or | ||
permit not issued to the person; |
11. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driving privilege or privilege to | ||
obtain a driver's license
or permit was revoked or | ||
suspended unless the operation was authorized by
a | ||
monitoring device driving permit, judicial driving permit | ||
issued prior to January 1, 2009, probationary license to | ||
drive, or a restricted
driving permit issued under this | ||
Code; | ||
12. Has submitted to any portion of the application | ||
process for
another person or has obtained the services of | ||
another person to submit to
any portion of the application | ||
process for the purpose of obtaining a
license, | ||
identification card, or permit for some other person; | ||
13. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driver's license or permit was | ||
invalid under the provisions of
Sections 6-107.1 and
6-110; | ||
14. Has committed a violation of Section 6-301, | ||
6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||
of the Illinois Identification Card
Act; | ||
15. Has been convicted of violating Section 21-2 of the | ||
Criminal Code
of 1961 relating to criminal trespass to | ||
vehicles in which case, the suspension
shall be for one | ||
year; | ||
16. Has been convicted of violating Section 11-204 of | ||
this Code relating
to fleeing from a peace officer; | ||
17. Has refused to submit to a test, or tests, as |
required under Section
11-501.1 of this Code and the person | ||
has not sought a hearing as
provided for in Section | ||
11-501.1; | ||
18. Has, since issuance of a driver's license or | ||
permit, been adjudged
to be afflicted with or suffering | ||
from any mental disability or disease; | ||
19. Has committed a violation of paragraph (a) or (b) | ||
of Section 6-101
relating to driving without a driver's | ||
license; | ||
20. Has been convicted of violating Section 6-104 | ||
relating to
classification of driver's license; | ||
21. Has been convicted of violating Section 11-402 of
| ||
this Code relating to leaving the scene of an accident | ||
resulting in damage
to a vehicle in excess of $1,000, in | ||
which case the suspension shall be
for one year; | ||
22. Has used a motor vehicle in violating paragraph | ||
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||
the Criminal Code of 1961 relating
to unlawful use of | ||
weapons, in which case the suspension shall be for one
| ||
year; | ||
23. Has, as a driver, been convicted of committing a | ||
violation of
paragraph (a) of Section 11-502 of this Code | ||
for a second or subsequent
time within one year of a | ||
similar violation; | ||
24. Has been convicted by a court-martial or punished | ||
by non-judicial
punishment by military authorities of the |
United States at a military
installation in Illinois of or | ||
for a traffic related offense that is the
same as or | ||
similar to an offense specified under Section 6-205 or | ||
6-206 of
this Code; | ||
25. Has permitted any form of identification to be used | ||
by another in
the application process in order to obtain or | ||
attempt to obtain a license,
identification card, or | ||
permit; | ||
26. Has altered or attempted to alter a license or has | ||
possessed an
altered license, identification card, or | ||
permit; | ||
27. Has violated Section 6-16 of the Liquor Control Act | ||
of 1934; | ||
28. Has been convicted of the illegal possession, while | ||
operating or
in actual physical control, as a driver, of a | ||
motor vehicle, of any
controlled substance prohibited | ||
under the Illinois Controlled Substances
Act, any cannabis | ||
prohibited under the Cannabis Control
Act, or any | ||
methamphetamine prohibited under the Methamphetamine | ||
Control and Community Protection Act, in which case the | ||
person's driving privileges shall be suspended for
one | ||
year, and any driver who is convicted of a second or | ||
subsequent
offense, within 5 years of a previous | ||
conviction, for the illegal
possession, while operating or | ||
in actual physical control, as a driver, of
a motor | ||
vehicle, of any controlled substance prohibited under the |
Illinois Controlled Substances Act, any cannabis
| ||
prohibited under the Cannabis Control Act, or any | ||
methamphetamine prohibited under the Methamphetamine | ||
Control and Community Protection Act shall be suspended for | ||
5 years.
Any defendant found guilty of this offense while | ||
operating a motor vehicle,
shall have an entry made in the | ||
court record by the presiding judge that
this offense did | ||
occur while the defendant was operating a motor vehicle
and | ||
order the clerk of the court to report the violation to the | ||
Secretary
of State; | ||
29. Has been convicted of the following offenses that | ||
were committed
while the person was operating or in actual | ||
physical control, as a driver,
of a motor vehicle: criminal | ||
sexual assault,
predatory criminal sexual assault of a | ||
child,
aggravated criminal sexual
assault, criminal sexual | ||
abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||
soliciting for a juvenile prostitute and the manufacture, | ||
sale or
delivery of controlled substances or instruments | ||
used for illegal drug use
or abuse in which case the | ||
driver's driving privileges shall be suspended
for one | ||
year; | ||
30. Has been convicted a second or subsequent time for | ||
any
combination of the offenses named in paragraph 29 of | ||
this subsection,
in which case the person's driving | ||
privileges shall be suspended for 5
years; | ||
31. Has refused to submit to a test as
required by |
Section 11-501.6 or has submitted to a test resulting in
an | ||
alcohol concentration of 0.08 or more or any amount of a | ||
drug, substance, or
compound resulting from the unlawful | ||
use or consumption of cannabis as listed
in the Cannabis | ||
Control Act, a controlled substance as listed in the | ||
Illinois
Controlled Substances Act, an intoxicating | ||
compound as listed in the Use of
Intoxicating Compounds | ||
Act, or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act, in which case the | ||
penalty shall be
as prescribed in Section 6-208.1; | ||
32. Has been convicted of Section 24-1.2 of the | ||
Criminal Code of
1961 relating to the aggravated discharge | ||
of a firearm if the offender was
located in a motor vehicle | ||
at the time the firearm was discharged, in which
case the | ||
suspension shall be for 3 years; | ||
33. Has as a driver, who was less than 21 years of age | ||
on the date of
the offense, been convicted a first time of | ||
a violation of paragraph (a) of
Section 11-502 of this Code | ||
or a similar provision of a local ordinance; | ||
34. Has committed a violation of Section 11-1301.5 of | ||
this Code; | ||
35. Has committed a violation of Section 11-1301.6 of | ||
this Code; | ||
36. Is under the age of 21 years at the time of arrest | ||
and has been
convicted of not less than 2 offenses against | ||
traffic regulations governing
the movement of vehicles |
committed within any 24 month period. No revocation
or | ||
suspension shall be entered more than 6 months after the | ||
date of last
conviction; | ||
37. Has committed a violation of subsection (c) of | ||
Section 11-907 of this
Code that resulted in damage to the | ||
property of another or the death or injury of another; | ||
38. Has been convicted of a violation of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance; | ||
39. Has committed a second or subsequent violation of | ||
Section
11-1201 of this Code; | ||
40. Has committed a violation of subsection (a-1) of | ||
Section 11-908 of
this Code; | ||
41. Has committed a second or subsequent violation of | ||
Section 11-605.1 of this Code within 2 years of the date of | ||
the previous violation, in which case the suspension shall | ||
be for 90 days; | ||
42. Has committed a violation of subsection (a-1) of | ||
Section 11-1301.3 of this Code;
| ||
43. Has received a disposition of court supervision for | ||
a violation of subsection (a), (d), or (e) of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance, in which case the suspension shall be | ||
for a period of 3 months;
| ||
44.
Is under the age of 21 years at the time of arrest | ||
and has been convicted of an offense against traffic |
regulations governing the movement of vehicles after | ||
having previously had his or her driving privileges
| ||
suspended or revoked pursuant to subparagraph 36 of this | ||
Section; or | ||
45.
Has, in connection with or during the course of a | ||
formal hearing conducted under Section 2-118 of this Code: | ||
(i) committed perjury; (ii) submitted fraudulent or | ||
falsified documents; (iii) submitted documents that have | ||
been materially altered; or (iv) submitted, as his or her | ||
own, documents that were in fact prepared or composed for | ||
another person.
| ||
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||
and 27 of this
subsection, license means any driver's license, | ||
any traffic ticket issued when
the person's driver's license is | ||
deposited in lieu of bail, a suspension
notice issued by the | ||
Secretary of State, a duplicate or corrected driver's
license, | ||
a probationary driver's license or a temporary driver's | ||
license. | ||
(b) If any conviction forming the basis of a suspension or
| ||
revocation authorized under this Section is appealed, the
| ||
Secretary of State may rescind or withhold the entry of the | ||
order of suspension
or revocation, as the case may be, provided | ||
that a certified copy of a stay
order of a court is filed with | ||
the Secretary of State. If the conviction is
affirmed on | ||
appeal, the date of the conviction shall relate back to the | ||
time
the original judgment of conviction was entered and the 6 |
month limitation
prescribed shall not apply. | ||
(c) 1. Upon suspending or revoking the driver's license or | ||
permit of
any person as authorized in this Section, the | ||
Secretary of State shall
immediately notify the person in | ||
writing of the revocation or suspension.
The notice to be | ||
deposited in the United States mail, postage prepaid,
to the | ||
last known address of the person. | ||
2. If the Secretary of State suspends the driver's | ||
license
of a person under subsection 2 of paragraph (a) of | ||
this Section, a
person's privilege to operate a vehicle as | ||
an occupation shall not be
suspended, provided an affidavit | ||
is properly completed, the appropriate fee
received, and a | ||
permit issued prior to the effective date of the
| ||
suspension, unless 5 offenses were committed, at least 2 of | ||
which occurred
while operating a commercial vehicle in | ||
connection with the driver's
regular occupation. All other | ||
driving privileges shall be suspended by the
Secretary of | ||
State. Any driver prior to operating a vehicle for
| ||
occupational purposes only must submit the affidavit on | ||
forms to be
provided by the Secretary of State setting | ||
forth the facts of the person's
occupation. The affidavit | ||
shall also state the number of offenses
committed while | ||
operating a vehicle in connection with the driver's regular
| ||
occupation. The affidavit shall be accompanied by the | ||
driver's license.
Upon receipt of a properly completed | ||
affidavit, the Secretary of State
shall issue the driver a |
permit to operate a vehicle in connection with the
driver's | ||
regular occupation only. Unless the permit is issued by the
| ||
Secretary of State prior to the date of suspension, the | ||
privilege to drive
any motor vehicle shall be suspended as | ||
set forth in the notice that was
mailed under this Section. | ||
If an affidavit is received subsequent to the
effective | ||
date of this suspension, a permit may be issued for the | ||
remainder
of the suspension period. | ||
The provisions of this subparagraph shall not apply to | ||
any driver
required to possess a CDL for the purpose of | ||
operating a commercial motor vehicle. | ||
Any person who falsely states any fact in the affidavit | ||
required
herein shall be guilty of perjury under Section | ||
6-302 and upon conviction
thereof shall have all driving | ||
privileges revoked without further rights. | ||
3. At the conclusion of a hearing under Section 2-118 | ||
of this Code,
the Secretary of State shall either rescind | ||
or continue an order of
revocation or shall substitute an | ||
order of suspension; or, good
cause appearing therefor, | ||
rescind, continue, change, or extend the
order of | ||
suspension. If the Secretary of State does not rescind the | ||
order,
the Secretary may upon application,
to relieve undue | ||
hardship (as defined by the rules of the Secretary of | ||
State), issue
a restricted driving permit granting the | ||
privilege of driving a motor
vehicle between the | ||
petitioner's residence and petitioner's place of
|
employment or within the scope of the petitioner's | ||
employment related duties, or to
allow the petitioner to | ||
transport himself or herself, or a family member of the
| ||
petitioner's household to a medical facility, to receive | ||
necessary medical care, to allow the petitioner to | ||
transport himself or herself to and from alcohol or drug
| ||
remedial or rehabilitative activity recommended by a | ||
licensed service provider, or to allow the petitioner to | ||
transport himself or herself or a family member of the | ||
petitioner's household to classes, as a student, at an | ||
accredited educational institution, or to allow the | ||
petitioner to transport children living in the | ||
petitioner's household to and from daycare. The
petitioner | ||
must demonstrate that no alternative means of
| ||
transportation is reasonably available and that the | ||
petitioner will not endanger
the public safety or welfare. | ||
Those multiple offenders identified in subdivision (b)4 of | ||
Section 6-208 of this Code, however, shall not be eligible | ||
for the issuance of a restricted driving permit. | ||
(A) If a person's license or permit is revoked or | ||
suspended due to 2
or more convictions of violating | ||
Section 11-501 of this Code or a similar
provision of a | ||
local ordinance or a similar out-of-state offense, or | ||
Section 9-3 of the Criminal Code of 1961, where the use | ||
of alcohol or other drugs is recited as an element of | ||
the offense, or a similar out-of-state offense, or a |
combination of these offenses, arising out
of separate | ||
occurrences, that person, if issued a restricted | ||
driving permit,
may not operate a vehicle unless it has | ||
been equipped with an ignition
interlock device as | ||
defined in Section 1-129.1. | ||
(B) If a person's license or permit is revoked or | ||
suspended 2 or more
times within a 10 year period due | ||
to any combination of: | ||
(i) a single conviction of violating Section
| ||
11-501 of this Code or a similar provision of a | ||
local ordinance or a similar
out-of-state offense | ||
or Section 9-3 of the Criminal Code of 1961, where | ||
the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state | ||
offense; or | ||
(ii) a statutory summary suspension or | ||
revocation under Section
11-501.1; or | ||
(iii) a suspension under Section 6-203.1; | ||
arising out of
separate occurrences; that person, if | ||
issued a restricted driving permit, may
not operate a | ||
vehicle unless it has been
equipped with an ignition | ||
interlock device as defined in Section 1-129.1. | ||
(C)
The person issued a permit conditioned upon the | ||
use of an ignition interlock device must pay to the | ||
Secretary of State DUI Administration Fund an amount
| ||
not to exceed $30 per month. The Secretary shall |
establish by rule the amount
and the procedures, terms, | ||
and conditions relating to these fees. | ||
(D) If the
restricted driving permit is issued for | ||
employment purposes, then the prohibition against | ||
operating a motor vehicle that is not equipped with an | ||
ignition interlock device does not apply to the | ||
operation of an occupational vehicle owned or
leased by | ||
that person's employer when used solely for employment | ||
purposes. | ||
(E) In each case the Secretary may issue a
| ||
restricted driving permit for a period deemed | ||
appropriate, except that all
permits shall expire | ||
within one year from the date of issuance. The | ||
Secretary
may not, however, issue a restricted driving | ||
permit to any person whose current
revocation is the | ||
result of a second or subsequent conviction for a | ||
violation
of Section 11-501 of this Code or a similar | ||
provision of a local ordinance
or any similar | ||
out-of-state offense, or Section 9-3 of the Criminal | ||
Code of 1961, where the use of alcohol or other drugs | ||
is recited as an element of the offense, or any similar | ||
out-of-state offense, or any combination
of those | ||
offenses, until the expiration of at least one year | ||
from the date of
the revocation. A
restricted driving | ||
permit issued under this Section shall be subject to
| ||
cancellation, revocation, and suspension by the |
Secretary of State in like
manner and for like cause as | ||
a driver's license issued under this Code may be
| ||
cancelled, revoked, or suspended; except that a | ||
conviction upon one or more
offenses against laws or | ||
ordinances regulating the movement of traffic
shall be | ||
deemed sufficient cause for the revocation, | ||
suspension, or
cancellation of a restricted driving | ||
permit. The Secretary of State may, as
a condition to | ||
the issuance of a restricted driving permit, require | ||
the
applicant to participate in a designated driver | ||
remedial or rehabilitative
program. The Secretary of | ||
State is authorized to cancel a restricted
driving | ||
permit if the permit holder does not successfully | ||
complete the program. | ||
(c-3) In the case of a suspension under paragraph 43 of | ||
subsection (a), reports received by the Secretary of State | ||
under this Section shall, except during the actual time the | ||
suspension is in effect, be privileged information and for use | ||
only by the courts, police officers, prosecuting authorities, | ||
the driver licensing administrator of any other state, the | ||
Secretary of State, or the parent or legal guardian of a driver | ||
under the age of 18. However, beginning January 1, 2008, if the | ||
person is a CDL holder, the suspension shall also be made | ||
available to the driver licensing administrator of any other | ||
state, the U.S. Department of Transportation, and the affected | ||
driver or motor
carrier or prospective motor carrier upon |
request.
| ||
(c-4) In the case of a suspension under paragraph 43 of | ||
subsection (a), the Secretary of State shall notify the person | ||
by mail that his or her driving privileges and driver's license | ||
will be suspended one month after the date of the mailing of | ||
the notice.
| ||
(c-5) The Secretary of State may, as a condition of the | ||
reissuance of a
driver's license or permit to an applicant | ||
whose driver's license or permit has
been suspended before he | ||
or she reached the age of 21 years pursuant to any of
the | ||
provisions of this Section, require the applicant to | ||
participate in a
driver remedial education course and be | ||
retested under Section 6-109 of this
Code. | ||
(d) This Section is subject to the provisions of the | ||
Drivers License
Compact. | ||
(e) The Secretary of State shall not issue a restricted | ||
driving permit to
a person under the age of 16 years whose | ||
driving privileges have been suspended
or revoked under any | ||
provisions of this Code. | ||
(f) In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding a | ||
CDL whose driving privileges have been suspended, revoked, | ||
cancelled, or disqualified under any provisions of this Code. | ||
(Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382, | ||
eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848, |
eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328, | ||
eff. 8-11-09; 96-607, eff. 8-24-09.) | ||
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | ||
Sec. 6-208.1. Period of statutory summary alcohol, other | ||
drug,
or intoxicating compound related suspension or | ||
revocation . | ||
(a) Unless the statutory summary suspension has been | ||
rescinded, any
person whose privilege to drive a motor vehicle | ||
on the public highways has
been summarily suspended, pursuant | ||
to Section 11-501.1, shall not be
eligible for restoration of | ||
the privilege until the expiration of: | ||
1. Twelve months from the effective date of the | ||
statutory summary suspension
for a refusal or failure to | ||
complete a test or tests to determine the
alcohol, drug, or | ||
intoxicating compound concentration, pursuant
to
Section | ||
11-501.1 , if the person was not involved in a motor vehicle | ||
crash that caused personal injury or death to another ; or | ||
2. Six months from the effective date of the statutory | ||
summary
suspension imposed following the person's | ||
submission to a chemical test
which disclosed an alcohol | ||
concentration of 0.08 or more, or any
amount
of a
drug, | ||
substance, or intoxicating compound in such person's
| ||
breath, blood, or
urine resulting
from the unlawful use or | ||
consumption of cannabis listed in the Cannabis
Control Act, | ||
a controlled substance listed in the Illinois
Controlled
|
Substances Act, an intoxicating compound listed in the Use | ||
of Intoxicating
Compounds Act, or methamphetamine as | ||
listed in the Methamphetamine Control and Community | ||
Protection Act, pursuant to Section 11-501.1; or | ||
3. Three years from the effective date of the statutory | ||
summary suspension
for any person other than a first | ||
offender who refuses or fails to
complete a test or tests | ||
to determine the alcohol, drug, or
intoxicating
compound | ||
concentration
pursuant to Section 11-501.1; or | ||
4. One year from the effective date of the summary | ||
suspension imposed
for any person other than a first | ||
offender following submission to a
chemical test which | ||
disclosed an alcohol concentration of 0.08 or
more
pursuant | ||
to Section 11-501.1 or any amount of a drug, substance or
| ||
compound in such person's blood or urine resulting from the | ||
unlawful use or
consumption of cannabis listed in the | ||
Cannabis Control Act, a
controlled
substance listed in the | ||
Illinois Controlled Substances Act, an
intoxicating
| ||
compound listed in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act. | ||
(a-1) Unless the statutory summary revocation has been | ||
rescinded, any person whose privilege to drive has been | ||
summarily revoked pursuant to Section 11-501.1 may not make | ||
application for a license or permit until the expiration of one | ||
year from the effective date of the summary revocation. |
(b) Following a statutory summary suspension of the | ||
privilege to drive a
motor vehicle under Section 11-501.1, | ||
driving privileges shall be
restored unless the person is | ||
otherwise suspended, revoked, or cancelled by this Code. If
the | ||
court has reason to believe that the person's
driving privilege | ||
should not be restored, the court shall notify
the Secretary of | ||
State prior to the expiration of the statutory summary
| ||
suspension so appropriate action may be taken pursuant to this | ||
Code. | ||
(c) Driving privileges may not be restored until all | ||
applicable
reinstatement fees, as provided by this Code, have | ||
been paid to the Secretary
of State and the appropriate entry | ||
made to the driver's record. | ||
(d) Where a driving privilege has been summarily suspended | ||
or revoked under Section
11-501.1 and the person is | ||
subsequently convicted of violating Section
11-501, or a | ||
similar provision of a local ordinance, for the same incident,
| ||
any period served on statutory summary suspension or revocation | ||
shall be credited toward
the minimum period of revocation of | ||
driving privileges imposed pursuant to
Section 6-205. | ||
(e) Following a statutory summary suspension of driving | ||
privileges
pursuant to Section 11-501.1, for a first offender, | ||
the circuit court shall, unless the offender has opted in | ||
writing not to have a monitoring device driving permit issued, | ||
order the Secretary of State to issue a monitoring device | ||
driving permit as provided in Section 6-206.1. A monitoring |
device driving permit shall not be effective prior to the 31st | ||
day of the statutory summary suspension. A first offender who | ||
refused chemical testing and whose driving privileges were | ||
summarily revoked pursuant to Section 11-501.1 shall not be | ||
eligible for any type of driving permit or privilege during the | ||
summary revocation. | ||
(f) (Blank). | ||
(g) Following a statutory summary suspension of driving | ||
privileges
pursuant to Section 11-501.1 where the person was | ||
not a first offender, as
defined in Section 11-500, the | ||
Secretary of State may not issue a
restricted driving permit. | ||
(h) (Blank). | ||
(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, | ||
eff. 8-21-08.)
| ||
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||
Sec. 6-303. Driving while driver's license, permit or | ||
privilege to
operate a motor vehicle is suspended or revoked.
| ||
(a) Except as otherwise provided in subsection (a-5), any | ||
person who drives or is in actual physical control of a motor
| ||
vehicle on any highway of this State at a time when such | ||
person's driver's
license, permit or privilege to do so or the | ||
privilege to obtain a driver's
license or permit is revoked or | ||
suspended as provided by this Code or the law
of another state, | ||
except as may be specifically allowed by a judicial driving
| ||
permit issued prior to January 1, 2009, monitoring device |
driving permit, family financial responsibility driving | ||
permit, probationary
license to drive, or a restricted driving | ||
permit issued pursuant to this Code
or under the law of another | ||
state, shall be guilty of a Class A misdemeanor.
| ||
(a-5) Any person who violates this Section as provided in | ||
subsection (a) while his or her driver's license, permit or | ||
privilege is revoked because of a violation of Section 9-3 of | ||
the Criminal Code of 1961, relating to the offense of reckless | ||
homicide or a similar provision of a law of another state, is | ||
guilty of a Class 4 felony. The person shall be required to | ||
undergo a professional evaluation, as provided in Section | ||
11-501 of this Code, to determine if an alcohol, drug, or | ||
intoxicating compound problem exists and the extent of the | ||
problem, and to undergo the imposition of treatment as | ||
appropriate.
| ||
(b) (Blank). | ||
(b-1) Upon receiving a report of the conviction of any | ||
violation indicating a person was operating a motor vehicle | ||
during the time when the person's driver's license, permit or | ||
privilege was suspended by the Secretary of State or the | ||
driver's licensing administrator of another state, except as | ||
specifically allowed by a probationary license, judicial | ||
driving permit, restricted driving permit or monitoring device | ||
driving permit the Secretary shall extend the suspension for | ||
the same period of time as the originally imposed suspension | ||
unless the suspension has already expired, in which case the |
Secretary shall be authorized to suspend the person's driving | ||
privileges for the same period of time as the originally | ||
imposed suspension. | ||
(b-2) Except as provided in subsection (b-6), upon | ||
receiving a report of the conviction of any violation | ||
indicating a person was operating a motor vehicle when the | ||
person's driver's license, permit or privilege was revoked by | ||
the Secretary of State or the driver's license administrator of | ||
any other state, except as specifically allowed by a restricted | ||
driving permit issued pursuant to this Code or the law of | ||
another state, the Secretary shall not issue a driver's license | ||
for an additional period of one year from the date of such | ||
conviction indicating such person was operating a vehicle | ||
during such period of revocation. | ||
(b-3) (Blank).
| ||
(b-4) When the Secretary of State receives a report of a | ||
conviction of any violation indicating a person was operating a | ||
motor vehicle that was not equipped with an ignition interlock | ||
device during a time when the person was prohibited from | ||
operating a motor vehicle not equipped with such a device, the | ||
Secretary shall not issue a driver's license to that person for | ||
an additional period of one year from the date of the | ||
conviction.
| ||
(b-5) Any person convicted of violating this Section shall | ||
serve a minimum
term of imprisonment of 30 consecutive days or | ||
300
hours of community service
when the person's driving |
privilege was revoked or suspended as a result of a violation | ||
of Section 9-3 of the Criminal Code of 1961, as amended,
| ||
relating to the offense of reckless homicide, or a similar | ||
provision of a law of another state.
| ||
(b-6) Upon receiving a report of a first conviction of | ||
operating a motor vehicle while the person's driver's license, | ||
permit or privilege was revoked where the revocation was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 relating | ||
to the offense of reckless homicide or a similar out-of-state | ||
offense, the Secretary shall not issue a driver's license for | ||
an additional period of three years from the date of such | ||
conviction. | ||
(c) Except as provided in subsections (c-3) and (c-4), any | ||
person convicted of violating this Section shall serve a | ||
minimum
term of imprisonment of 10 consecutive days or 30
days | ||
of community service
when the person's driving privilege was | ||
revoked or suspended as a result of:
| ||
(1) a violation of Section 11-501 of this Code or a | ||
similar provision
of a local ordinance relating to the | ||
offense of operating or being in physical
control of a | ||
vehicle while under the influence of alcohol, any other | ||
drug
or any combination thereof; or
| ||
(2) a violation of paragraph (b) of Section 11-401 of | ||
this Code or a
similar provision of a local ordinance | ||
relating to the offense of leaving the
scene of a motor | ||
vehicle accident involving personal injury or death; or
|
(3)
a statutory summary suspension or revocation under | ||
Section 11-501.1 of this
Code.
| ||
Such sentence of imprisonment or community service shall | ||
not be subject
to suspension in order to reduce such sentence.
| ||
(c-1) Except as provided in subsections (c-5) and (d), any | ||
person convicted of a
second violation of this Section shall be | ||
ordered by the court to serve a
minimum
of 100 hours of | ||
community service.
| ||
(c-2) In addition to other penalties imposed under this | ||
Section, the
court may impose on any person convicted a fourth | ||
time of violating this
Section any of
the following:
| ||
(1) Seizure of the license plates of the person's | ||
vehicle.
| ||
(2) Immobilization of the person's vehicle for a period | ||
of time
to be determined by the court.
| ||
(c-3) Any person convicted of a violation of this Section | ||
during a period of summary suspension imposed pursuant to | ||
Section 11-501.1 when the person was eligible for a MDDP shall | ||
be guilty of a Class 4 felony and shall serve a minimum term of | ||
imprisonment of 30 days. | ||
(c-4) Any person who has been issued a MDDP and who is | ||
convicted of a violation of this Section as a result of | ||
operating or being in actual physical control of a motor | ||
vehicle not equipped with an ignition interlock device at the | ||
time of the offense shall be guilty of a Class 4 felony and | ||
shall serve a minimum term of imprisonment of 30 days.
|
(c-5) Any person convicted of a second violation of this
| ||
Section is guilty of a Class 2 felony, is not eligible for | ||
probation or conditional discharge, and shall serve a mandatory | ||
term of
imprisonment, if the
revocation or
suspension was for a | ||
violation of Section 9-3 of the Criminal Code of 1961, relating
| ||
to the offense of reckless homicide, or a similar out-of-state | ||
offense.
| ||
(d) Any person convicted of a second violation of this
| ||
Section shall be guilty of a Class 4 felony and shall serve a | ||
minimum term of
imprisonment of 30 days or 300 hours of | ||
community service, as determined by the
court, if the original
| ||
revocation or
suspension was for a violation of Section 11-401 | ||
or 11-501 of this Code,
or a similar out-of-state offense, or a | ||
similar provision of a local
ordinance, or a
statutory summary | ||
suspension or revocation under Section 11-501.1 of this Code.
| ||
(d-1) Except as provided in subsections (d-2), (d-2.5), and | ||
(d-3), any
person convicted of
a third or subsequent violation | ||
of this Section shall serve a minimum term of
imprisonment of | ||
30 days or 300 hours of community service, as determined by the
| ||
court.
| ||
(d-2) Any person convicted of a third violation of this
| ||
Section is guilty of a Class 4 felony and must serve a minimum | ||
term of
imprisonment of 30 days if the revocation or
suspension | ||
was for a violation of Section 11-401 or 11-501 of this Code,
| ||
or a similar out-of-state offense, or a similar provision of a | ||
local
ordinance, or a
statutory summary suspension or |
revocation under Section 11-501.1 of this Code.
| ||
(d-2.5) Any person convicted of a third violation of this
| ||
Section is guilty of a Class 1 felony, is not eligible for | ||
probation or conditional discharge, and must serve a mandatory | ||
term of
imprisonment if the revocation or
suspension was for a | ||
violation of Section 9-3 of the Criminal Code of 1961, relating | ||
to the offense of reckless homicide, or a similar out-of-state | ||
offense.
The person's driving privileges shall be revoked for | ||
the remainder of the person's life. | ||
(d-3) Any person convicted of a fourth, fifth, sixth, | ||
seventh, eighth, or ninth violation of this
Section is guilty | ||
of a Class 4 felony and must serve a minimum term of
| ||
imprisonment of 180 days if the revocation or suspension was | ||
for a
violation of Section 11-401 or 11-501 of this Code, or a | ||
similar out-of-state
offense, or a similar provision of a local | ||
ordinance, or a statutory
summary suspension or revocation | ||
under Section 11-501.1 of this Code.
| ||
(d-3.5) Any person convicted of a fourth or subsequent | ||
violation of this
Section is guilty of a Class 1 felony, is not | ||
eligible for probation or conditional discharge, and must serve | ||
a mandatory term of
imprisonment, and is eligible for an | ||
extended term, if the revocation or suspension was for a
| ||
violation of Section 9-3 of the Criminal Code of 1961, relating | ||
to the offense of reckless homicide, or a similar out-of-state | ||
offense.
| ||
(d-4) Any person convicted of a tenth, eleventh, twelfth, |
thirteenth, or fourteenth violation of this Section is guilty | ||
of a Class 3 felony, and is not eligible for probation or | ||
conditional discharge, if the revocation or suspension was for | ||
a violation of Section 11-401 or 11-501 of this Code, or a | ||
similar out-of-state offense, or a similar provision of a local | ||
ordinance, or a statutory summary suspension or revocation | ||
under Section 11-501.1 of this Code. | ||
(d-5) Any person convicted of a fifteenth or subsequent | ||
violation of this Section is guilty of a Class 2 felony, and is | ||
not eligible for probation or conditional discharge, if the | ||
revocation or suspension was for a violation of Section 11-401 | ||
or 11-501 of this Code, or a similar out-of-state offense, or a | ||
similar provision of a local ordinance, or a statutory summary | ||
suspension or revocation under Section 11-501.1 of this Code.
| ||
(e) Any person in violation of this Section who is also in | ||
violation of
Section 7-601 of this Code relating to mandatory | ||
insurance requirements, in
addition to other penalties imposed | ||
under this Section, shall have his or her
motor vehicle | ||
immediately impounded by the arresting law enforcement | ||
officer.
The motor vehicle may be released to any licensed | ||
driver upon a showing of
proof of insurance for the vehicle | ||
that was impounded and the notarized written
consent for the | ||
release by the vehicle owner.
| ||
(f) For any prosecution under this Section, a certified | ||
copy of the
driving abstract of the defendant shall be admitted | ||
as proof of any prior
conviction.
|
(g) The motor vehicle used in a violation of this Section | ||
is subject
to seizure and forfeiture as provided in Sections | ||
36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||
driving privilege was revoked
or suspended as a result of a | ||
violation listed in paragraph (1) or (2) of subsection (c) of | ||
this Section, as a result of a summary
suspension or revocation | ||
as provided in paragraph (3) of subsection (c) of this
Section, | ||
or as a result of a violation of Section 9-3 of the Criminal | ||
Code of 1961 relating to the offense of reckless homicide.
| ||
(Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, | ||
eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, | ||
eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; revised | ||
9-15-09.)
| ||
(625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
| ||
Sec. 6-520. CDL disqualification or out-of-service order; | ||
hearing.
| ||
(a) A disqualification of commercial driving privileges by | ||
the Secretary of
State, pursuant to this UCDLA, shall not | ||
become effective until the person
is notified in writing, by | ||
the Secretary, of the impending disqualification
and advised | ||
that a CDL hearing may be requested of the Secretary if the | ||
stop or arrest occurred in a commercial motor vehicle.
| ||
(b) Upon receipt of: the notice of a CDL disqualification | ||
not based upon
a conviction; an out-of-service order; or | ||
notification that a CDL
disqualification is forthcoming, the |
person may make a written petition in
a form, approved by the | ||
Secretary of State, for a CDL hearing with the Secretary if the | ||
stop or arrest occurred in a commercial motor vehicle. Such
| ||
petition must state the grounds upon which the person seeks to | ||
have the CDL
disqualification rescinded or the out-of-service | ||
order removed from the
person's driving record. Within 10 days | ||
after the receipt of such
petition, it shall be reviewed by the | ||
Director of the Department of
Administrative Hearings, Office | ||
of the Secretary of State, or by an
appointed designee. If it | ||
is determined that the petition on its face does
not state | ||
grounds upon which the relief may be based, the petition for a
| ||
CDL hearing shall be denied and the disqualification shall | ||
become effective
as if no petition had been filed and the | ||
out-of-service order shall be
sustained. If such petition is so | ||
denied, the person may submit another
petition.
| ||
(c) The scope of a CDL hearing, for any disqualification | ||
imposed
pursuant to paragraphs (1) and (2) of subsection (a) of | ||
Section 6-514, resulting from the operation of a commercial | ||
motor vehicle, shall
be limited to the following issues:
| ||
1. Whether the person was operating a commercial motor | ||
vehicle;
| ||
2. Whether, after making the initial stop, the police | ||
officer had
probable cause to issue a Sworn Report;
| ||
3. Whether the person was verbally warned of the | ||
ensuing consequences
prior to submitting to any type of | ||
chemical test or tests to determine such
person's blood |
concentration of alcohol, other drug, or both;
| ||
4. Whether the person did refuse to submit to or failed | ||
to complete
the chemical testing or did submit to such test | ||
or tests and such test or
tests disclosed an alcohol | ||
concentration of at least 0.04 or any amount of a
drug, | ||
substance, or compound resulting from the unlawful use or | ||
consumption of
cannabis listed in the Cannabis Control Act | ||
or a controlled substance listed in
the Illinois Controlled | ||
Substances Act or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act in | ||
the person's system;
| ||
5. Whether the person was warned that if the test or | ||
tests disclosed
an alcohol concentration of 0.08 or more or | ||
any amount of a drug,
substance,
or compound resulting from | ||
the unlawful use or consumption of cannabis listed
in the | ||
Cannabis Control Act or a controlled substance listed in | ||
the Illinois
Controlled Substances Act or methamphetamine | ||
as listed in the Methamphetamine Control and Community | ||
Protection Act, such results could be admissible in a | ||
subsequent
prosecution under Section 11-501 of this Code or | ||
similar provision of local
ordinances; and
| ||
6. Whether such results could not be used to impose any
| ||
driver's license
sanctions pursuant to Section 11-501.1.
| ||
Upon the conclusion of the above CDL hearing, the CDL
| ||
disqualification imposed shall either be sustained or | ||
rescinded.
|
(d) The scope of a CDL hearing for any out-of-service | ||
sanction, imposed
pursuant to Section 6-515, shall be limited | ||
to the following issues:
| ||
1. Whether the person was driving a commercial motor | ||
vehicle;
| ||
2. Whether, while driving such commercial motor | ||
vehicle, the person had
alcohol or any amount of a drug, | ||
substance, or compound
resulting from the unlawful use or | ||
consumption of cannabis listed in the
Cannabis Control Act | ||
or a controlled substance listed in the Illinois
Controlled | ||
Substances Act or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act in | ||
such person's system;
| ||
3. Whether the person was verbally warned of the | ||
ensuing consequences
prior to being asked to submit to any | ||
type of chemical test or tests to
determine such person's | ||
alcohol, other drug, or both, concentration; and
| ||
4. Whether, after being so warned, the person did | ||
refuse to submit to
or failed to complete such chemical | ||
test or tests or did submit to such
test or tests and such | ||
test or tests
disclosed an alcohol concentration greater | ||
than 0.00
or any amount of a drug, substance, or compound | ||
resulting from the unlawful
use or consumption of cannabis | ||
listed in the Cannabis Control Act or a
controlled | ||
substance listed in the Illinois Controlled Substances Act | ||
or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act.
| ||
Upon the conclusion of the above CDL hearing, the | ||
out-of-service sanction
shall
either be sustained or removed | ||
from the person's driving record.
| ||
(e) If any person petitions for a hearing relating to any | ||
CDL
disqualification based upon a conviction, as defined in | ||
this UCDLA, said
hearing shall not be conducted as a CDL | ||
hearing, but shall be conducted as
any other driver's license | ||
hearing, whether formal or informal, as
promulgated in the | ||
rules and regulations of the Secretary.
| ||
(f) Any evidence of alcohol or other drug consumption, for | ||
the
purposes of this UCDLA, shall be sufficient probable cause | ||
for requesting the
driver to submit to a chemical test or tests | ||
to determine the presence of
alcohol, other drug, or both in | ||
the person's system and the subsequent issuance
of an | ||
out-of-service order or a Sworn Report by a police officer.
| ||
(g) For the purposes of this UCDLA, a CDL "hearing" shall
| ||
mean a hearing before the Office of the Secretary of State in | ||
accordance
with Section 2-118 of this Code, for the
purpose of | ||
resolving differences or disputes specifically related to the
| ||
scope of the issues identified in this Section relating to the | ||
operation of a commercial motor vehicle. These proceedings will | ||
be
a matter of record and a final appealable order issued. The | ||
petition for a
CDL hearing shall not stay or delay the | ||
effective date of the impending
disqualification.
| ||
(h) The CDL hearing may be conducted upon a review of the |
police
officer's own official reports; provided however, that | ||
the petitioner may
subpoena the officer. Failure of the officer | ||
to answer the subpoena shall be
grounds for a continuance.
| ||
(i) Any CDL disqualification based upon a statutory summary | ||
suspension or revocation resulting from an arrest of a CDL | ||
holder while operating a non-commercial motor vehicle, may only | ||
be contested by filing a petition to contest the statutory | ||
summary suspension or revocation in the appropriate circuit | ||
court as provided for in Section 2-118.1 of this Code.
| ||
(Source: P.A. 95-382, eff. 8-23-07.)
| ||
(625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
| ||
Sec. 11-401. Motor vehicle accidents involving death or | ||
personal injuries.
| ||
(a) The driver of any vehicle involved in a motor vehicle | ||
accident
resulting in personal injury to or death of any person | ||
shall immediately stop
such vehicle at the scene of such | ||
accident, or as close thereto as possible
and shall then | ||
forthwith return to, and in every event shall remain at the
| ||
scene of the accident until the requirements of Section 11-403 | ||
have been
fulfilled. Every such stop shall be made without | ||
obstructing traffic more
than is necessary.
| ||
(b) Any person who has failed to stop or to comply with the
| ||
requirements of paragraph (a) shall, as soon as possible but in | ||
no case
later than one-half hour after such motor
vehicle | ||
accident, or, if hospitalized and incapacitated from reporting |
at any
time during such period, as soon as possible but in no | ||
case later than one-half
hour
after
being discharged from the
| ||
hospital, report the place of the accident, the date, the | ||
approximate time,
the
driver's name and address, the | ||
registration number of the vehicle
driven, and the names of all | ||
other occupants of
such vehicle, at a police station or | ||
sheriff's office near the place where
such accident occurred. | ||
No report made as required under this paragraph shall be used,
| ||
directly or indirectly, as a basis for the prosecution of any
| ||
violation of paragraph (a).
| ||
(b-1) Any person arrested for violating this Section is | ||
subject to chemical testing of his or her blood, breath, or | ||
urine for the presence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof, as provided in Section 11-501.1, if the testing occurs | ||
within 12 hours of the time of the occurrence of the accident | ||
that led to his or her arrest. The person's driving privileges | ||
are subject to statutory summary suspension under Section | ||
11-501.1 if he or she fails testing or statutory summary | ||
revocation under Section 11-501.1 if he or she refuses to | ||
undergo the testing.
| ||
For purposes of this Section, personal injury shall mean | ||
any injury
requiring immediate professional treatment in a | ||
medical facility or
doctor's office.
| ||
(c) Any person failing to comply with paragraph (a) shall | ||
be guilty of a Class 4 felony.
|
(d) Any person failing to comply with paragraph (b) is
| ||
guilty
of
a Class 2 felony if the
motor vehicle accident does | ||
not result in the death of any person.
Any person failing to | ||
comply with paragraph (b)
when the accident results in the | ||
death of
any person is guilty of a Class 1
felony.
| ||
(e) The Secretary of State shall revoke the driving | ||
privilege of any person
convicted of a violation of this | ||
Section.
| ||
(Source: P.A. 94-115, eff. 1-1-06; 95-347, eff. 1-1-08.)
| ||
(625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500) | ||
Sec. 11-500. Definitions. For the purposes of interpreting | ||
Sections
6-206.1 and 6-208.1 of this Code, "first offender" | ||
shall mean any person
who has not had a previous conviction or | ||
court assigned supervision for
violating Section 11-501, or a | ||
similar provision of a local ordinance,
or a conviction in any | ||
other state for a violation of driving while under
the | ||
influence or a similar offense where the cause of action is the | ||
same
or substantially similar to this Code or similar offenses | ||
committed on a military installation, or any person who has not | ||
had a driver's license suspension pursuant to paragraph 6 of | ||
subsection (a) of Section 6-206 as the result of refusal of | ||
chemical testing in another state, or any
person who has not | ||
had a driver's license
suspension or revocation for violating | ||
Section 11-501.1 within 5 years prior to the date of
the
| ||
current offense, except in cases where the driver submitted to
|
chemical testing resulting in an alcohol concentration of 0.08 | ||
or
more,
or any amount of a drug, substance, or compound in | ||
such person's blood or
urine resulting from the unlawful use or | ||
consumption of cannabis listed in
the Cannabis Control Act, a | ||
controlled substance listed in the
Illinois
Controlled | ||
Substances Act, or an intoxicating compound listed in the Use
| ||
of
Intoxicating Compounds Act, or methamphetamine as listed in | ||
the Methamphetamine Control and Community Protection Act and
| ||
was subsequently found not guilty of violating Section 11-501, | ||
or a similar
provision of a local ordinance. | ||
(Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09.) | ||
(625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1) | ||
Sec. 11-501.1. Suspension of drivers license; statutory | ||
summary
alcohol, other drug or drugs, or intoxicating compound | ||
or
compounds related suspension or revocation ; implied | ||
consent. | ||
(a) Any 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, subject to the provisions of | ||
Section 11-501.2, to a chemical test or
tests of blood, breath, | ||
or urine for the purpose of determining the content of
alcohol, | ||
other drug or drugs, or intoxicating compound or compounds or
| ||
any combination thereof in the person's blood if arrested,
as | ||
evidenced by the issuance of a Uniform Traffic Ticket, for any | ||
offense
as defined in Section 11-501 or a similar provision of |
a local ordinance, or if arrested for violating Section 11-401.
| ||
The test or tests shall be administered at the direction of the | ||
arresting
officer. The law enforcement agency employing the | ||
officer shall designate which
of the aforesaid tests shall be | ||
administered. A urine test may be administered
even after a | ||
blood or breath test or both has
been administered. For | ||
purposes of this Section, an Illinois law
enforcement officer | ||
of this State who is investigating the person for any
offense | ||
defined in Section 11-501 may travel into an adjoining state, | ||
where
the person has been transported for medical care, to | ||
complete an
investigation and to request that the person submit | ||
to the test or tests
set forth in this Section. The | ||
requirements of this Section that the
person be arrested are | ||
inapplicable, but the officer shall issue the person
a Uniform | ||
Traffic Ticket for an offense as defined in Section 11-501 or a
| ||
similar provision of a local ordinance prior to requesting that | ||
the person
submit to the test or tests. The issuance of the | ||
Uniform Traffic Ticket
shall not constitute an arrest, but | ||
shall be for the purpose of notifying
the person that he or she | ||
is subject to the provisions of this Section and
of the | ||
officer's belief of the existence of probable cause to
arrest. | ||
Upon returning to this State, the officer shall file the | ||
Uniform
Traffic Ticket with the Circuit Clerk of the county | ||
where the offense was
committed, and shall seek the issuance of | ||
an arrest warrant or a summons
for the person. | ||
(b) Any person who is dead, unconscious, or who is |
otherwise in a condition
rendering the person incapable of | ||
refusal, shall be deemed not to have
withdrawn the consent | ||
provided by paragraph (a) of this Section and the test or
tests | ||
may be administered, subject to the provisions of Section | ||
11-501.2. | ||
(c) A person requested to submit to a test as provided | ||
above shall
be warned by the law enforcement officer requesting | ||
the test that a
refusal to submit to the test will result in | ||
the statutory summary
suspension of the person's privilege to | ||
operate a motor vehicle, as provided
in Section 6-208.1 of this | ||
Code, and will also result in the disqualification of the | ||
person's privilege to operate a commercial motor vehicle, as | ||
provided in Section 6-514 of this Code, if the person is a CDL | ||
holder. The person shall also be warned that a refusal to | ||
submit to the test, when the person was involved in a motor | ||
vehicle accident that caused personal injury or death to | ||
another, will result in the statutory summary revocation of the | ||
person's privilege to operate a motor vehicle, as provided in | ||
Section 6-208.1, and will also result in the disqualification | ||
of the person's privilege to operate a commercial motor | ||
vehicle, as provided in Section 6-514 of this Code, if the | ||
person is a CDL holder. The person shall also be warned by the | ||
law
enforcement officer that if the person submits to the test | ||
or tests
provided in paragraph (a) of this Section and the | ||
alcohol concentration in
the person's blood or breath is 0.08 | ||
or greater, or any amount of
a
drug, substance, or compound |
resulting from the unlawful use or consumption
of cannabis as | ||
covered by the Cannabis Control Act, a controlled
substance
| ||
listed in the Illinois Controlled Substances Act, an | ||
intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is | ||
detected in the person's
blood or urine, a statutory summary | ||
suspension of the person's privilege to
operate a motor | ||
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||
Code, and a disqualification of
the person's privilege to | ||
operate a commercial motor vehicle, as provided in Section | ||
6-514 of this Code, if the person is a CDL holder, will be | ||
imposed. | ||
A person who is under the age of 21 at the time the person | ||
is requested to
submit to a test as provided above shall, in | ||
addition to the warnings provided
for in this Section, be | ||
further warned by the law enforcement officer
requesting the | ||
test that if the person submits to the test or tests provided | ||
in
paragraph (a) of this Section and the alcohol concentration | ||
in the person's
blood or breath is greater than 0.00 and less | ||
than 0.08, a
suspension of the
person's privilege to operate a | ||
motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | ||
of this Code, will be imposed. The results of this test
shall | ||
be admissible in a civil or criminal action or proceeding | ||
arising from an
arrest for an offense as defined in Section | ||
11-501 of this Code or a similar
provision of a local ordinance |
or pursuant to Section 11-501.4 in prosecutions
for reckless | ||
homicide brought under the Criminal Code of 1961. These test
| ||
results, however, shall be admissible only in actions or | ||
proceedings directly
related to the incident upon which the | ||
test request was made. | ||
(d) If the person refuses testing or submits to a test that | ||
discloses
an alcohol concentration of 0.08 or more, or any | ||
amount of a drug,
substance, or intoxicating compound in the | ||
person's breath, blood,
or urine resulting from the
unlawful | ||
use or consumption of cannabis listed in the Cannabis Control | ||
Act, a controlled substance listed in the Illinois Controlled | ||
Substances
Act, an intoxicating compound listed in the Use of | ||
Intoxicating Compounds
Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act, the law | ||
enforcement officer shall immediately submit a sworn report to
| ||
the
circuit court of venue and the Secretary of State, | ||
certifying that the test or
tests was or were requested under | ||
paragraph (a) and the person refused to
submit to a test, or | ||
tests, or submitted to testing that disclosed an alcohol
| ||
concentration of 0.08 or more. | ||
(e) Upon receipt of the sworn report of a law enforcement | ||
officer
submitted under paragraph (d), the Secretary of State | ||
shall enter the
statutory summary suspension or revocation and | ||
disqualification for the periods specified in Sections
6-208.1 | ||
and 6-514, respectively,
and effective as provided in paragraph | ||
(g). |
If the person is a first offender as defined in Section | ||
11-500 of this
Code, and is not convicted of a violation of | ||
Section 11-501
of this Code or a similar provision of a local | ||
ordinance, then reports
received by the Secretary of State | ||
under this Section shall, except during
the actual time the | ||
Statutory Summary Suspension is in effect, be
privileged | ||
information and for use only by the courts, police officers,
| ||
prosecuting authorities or the Secretary of State. However, | ||
beginning January 1, 2008, if the person is a CDL holder, the | ||
statutory summary suspension shall also be made available to | ||
the driver licensing administrator of any other state, the U.S. | ||
Department of Transportation, and the affected driver or motor | ||
carrier or prospective motor carrier upon request.
Reports | ||
received by the Secretary of State under this Section shall | ||
also be made available to the parent or guardian of a person | ||
under the age of 18 years that holds an instruction permit or a | ||
graduated driver's license, regardless of whether the | ||
statutory summary suspension is in effect. A statutory summary | ||
revocation shall not be privileged information. | ||
(f) The law enforcement officer submitting the sworn report | ||
under paragraph
(d) shall serve immediate notice of the | ||
statutory summary suspension or revocation on the
person and | ||
the suspension or revocation and disqualification shall be | ||
effective as provided in paragraph (g). In
cases where the | ||
blood alcohol concentration of 0.08 or greater or
any amount of
| ||
a drug, substance, or compound resulting from the unlawful use |
or consumption
of cannabis as covered by the Cannabis Control | ||
Act, a controlled
substance
listed in the Illinois Controlled | ||
Substances Act,
an intoxicating compound
listed in the Use of | ||
Intoxicating Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is | ||
established by a
subsequent
analysis of blood or urine | ||
collected at the time of arrest, the arresting
officer or | ||
arresting agency shall give notice as provided in this Section | ||
or by
deposit in the United States mail of the notice in an | ||
envelope with postage
prepaid and addressed to the person at | ||
his address as shown on the Uniform
Traffic Ticket and the | ||
statutory summary suspension and disqualification shall begin | ||
as provided in
paragraph (g). The officer shall confiscate any | ||
Illinois driver's license or
permit on the person at the time | ||
of arrest. If the person has a valid driver's
license or | ||
permit, the officer shall issue the person a receipt, in
a form | ||
prescribed by the Secretary of State, that will allow that | ||
person
to drive during the periods provided for in paragraph | ||
(g). The officer
shall immediately forward the driver's license | ||
or permit to the circuit
court of venue along with the sworn | ||
report provided for in
paragraph (d). | ||
(g) The statutory summary suspension or revocation and | ||
disqualification
referred to in this Section shall
take effect | ||
on the 46th day following the date the notice of the statutory
| ||
summary suspension or revocation was given to the person. | ||
(h) The following procedure shall apply
whenever a person |
is arrested for any offense as defined in Section 11-501
or a | ||
similar provision of a local ordinance: | ||
Upon receipt of the sworn report from the law enforcement | ||
officer,
the Secretary of State shall confirm the statutory | ||
summary suspension or revocation by
mailing a notice of the | ||
effective date of the suspension or revocation to the person | ||
and
the court of venue. The Secretary of State shall also mail | ||
notice of the effective date of the disqualification to the | ||
person. However, should the sworn report be defective by not
| ||
containing sufficient information or be completed in error, the
| ||
confirmation of the statutory summary suspension or revocation | ||
shall not be mailed to the
person or entered to the record; | ||
instead, the sworn report shall
be
forwarded to the court of | ||
venue with a copy returned to the issuing agency
identifying | ||
any defect. | ||
(i) As used in this Section, "personal injury" includes any | ||
Type A injury as indicated on the traffic accident report | ||
completed by a law enforcement officer that requires immediate | ||
professional attention in either a doctor's office or a medical | ||
facility. A Type A injury includes severely bleeding wounds, | ||
distorted extremities, and injuries that require the injured | ||
party to be carried from the scene. | ||
(Source: P.A. 94-115, eff. 1-1-06; 95-201, eff. 1-1-08; 95-382, | ||
eff. 8-23-07; 95-876, eff. 8-21-08.) | ||
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) |
Sec. 11-501.6. Driver involvement in personal injury or | ||
fatal motor
vehicle accident not involving an arrest for a | ||
violation of Section 11-501; driving under the influence of | ||
alcohol, other drug or drugs, intoxicating compounds, or any | ||
combination thereof; chemical accident - chemical test. | ||
(a) Any person who drives or is in actual control of a | ||
motor vehicle
upon the public highways of this State and who | ||
has been involved in a
personal injury or fatal motor vehicle | ||
accident, shall be deemed to have
given consent to a breath | ||
test using a portable device as approved by the
Department of | ||
State Police or to a chemical test or tests
of blood, breath, | ||
or
urine for the purpose of determining the content of alcohol,
| ||
other
drug or drugs, or intoxicating compound or compounds of | ||
such
person's blood if arrested as evidenced by the issuance of | ||
a Uniform Traffic
Ticket for any violation of the Illinois | ||
Vehicle Code or a similar provision of
a local ordinance, with | ||
the exception of equipment violations contained in
Chapter 12 | ||
of this Code, or similar provisions of local ordinances. This | ||
Section shall not apply to those persons arrested for a | ||
violation of Section 11-501 or a similar violation of a local | ||
ordinance, in which case the provisions of Section 11-501.1 | ||
shall apply. The test
or tests shall be administered at the | ||
direction of the arresting officer. The
law enforcement agency | ||
employing the officer shall designate which of the
aforesaid | ||
tests shall be administered. A urine test may be administered | ||
even
after a blood or breath test or both has been |
administered. Compliance with
this Section does not relieve | ||
such person from the requirements of Section
11-501.1 of this | ||
Code. | ||
(b) Any person who is dead, unconscious or who is otherwise | ||
in a
condition rendering such person incapable of refusal shall | ||
be deemed not to
have withdrawn the consent provided by | ||
subsection (a) of this Section. In
addition, if a driver of a | ||
vehicle is receiving medical treatment as a
result of a motor | ||
vehicle accident, any physician licensed to practice
medicine, | ||
registered nurse or a phlebotomist acting under the direction | ||
of
a licensed physician shall withdraw blood for testing | ||
purposes to ascertain
the presence of alcohol, other drug or | ||
drugs, or intoxicating
compound or compounds, upon the specific | ||
request of a law
enforcement officer. However, no such testing | ||
shall be performed until, in
the opinion of the medical | ||
personnel on scene, the withdrawal can be made
without | ||
interfering with or endangering the well-being of the patient. | ||
(c) A person requested to submit to a test as provided | ||
above shall be
warned by the law enforcement officer requesting | ||
the test that a refusal to
submit to the test, or submission to | ||
the test resulting in an alcohol
concentration of 0.08 or more, | ||
or any amount of a drug, substance,
or intoxicating compound
| ||
resulting from the unlawful use or consumption of cannabis, as | ||
covered by the
Cannabis Control Act, a controlled substance | ||
listed in the Illinois
Controlled Substances Act, an | ||
intoxicating compound listed in the Use of
Intoxicating |
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act as | ||
detected in such person's blood or urine, may
result in the | ||
suspension of such person's privilege to operate a motor | ||
vehicle and may result in the disqualification of the person's | ||
privilege to operate a commercial motor vehicle, as provided in | ||
Section 6-514 of this Code, if the person is a CDL holder.
The | ||
length of the suspension shall be the same as outlined in | ||
Section
6-208.1 of this Code regarding statutory summary | ||
suspensions. | ||
(d) If the person refuses testing or submits to a test | ||
which discloses
an alcohol concentration of 0.08 or more, or | ||
any amount of a drug,
substance,
or intoxicating compound in | ||
such person's blood or urine resulting from the
unlawful use or
| ||
consumption of cannabis listed in the Cannabis Control Act, a | ||
controlled
substance listed in the Illinois Controlled | ||
Substances Act, an
intoxicating
compound listed in the Use of | ||
Intoxicating Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act, the law
| ||
enforcement officer shall immediately submit a sworn report to | ||
the Secretary of
State on a form prescribed by the Secretary, | ||
certifying that the test or tests
were requested pursuant to | ||
subsection (a) and the person refused to submit to a
test or | ||
tests or submitted to testing which disclosed an alcohol | ||
concentration
of 0.08 or more, or any amount of a drug, | ||
substance, or intoxicating
compound
in such
person's blood or |
urine, resulting from the unlawful use or consumption of
| ||
cannabis listed in the Cannabis Control Act, a controlled | ||
substance
listed in
the Illinois Controlled Substances Act,
an | ||
intoxicating compound listed in
the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act. | ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the
Secretary shall enter the suspension and | ||
disqualification to the individual's driving record and the
| ||
suspension and disqualification shall be effective on the 46th | ||
day following the date notice of the
suspension was given to | ||
the person. | ||
The law enforcement officer submitting the sworn report | ||
shall serve immediate
notice of this suspension on the person | ||
and such suspension and disqualification shall be effective
on | ||
the 46th day following the date notice was given. | ||
In cases where the blood alcohol concentration of 0.08 or | ||
more,
or any amount
of a drug, substance, or intoxicating | ||
compound resulting from the unlawful
use or
consumption of | ||
cannabis as listed in the Cannabis Control Act, a
controlled
| ||
substance listed in the Illinois Controlled Substances Act,
an
| ||
intoxicating
compound listed in the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act, is | ||
established by a
subsequent analysis of blood or urine | ||
collected at the time of arrest, the
arresting officer shall |
give notice as provided in this Section or by deposit
in the | ||
United States mail of such notice in an envelope with postage | ||
prepaid
and addressed to such person at his address as shown on | ||
the Uniform Traffic
Ticket and the suspension and | ||
disqualification shall be effective on the 46th day following | ||
the date
notice was given. | ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
shall also give notice of the suspension | ||
and disqualification to the driver by mailing a notice of
the | ||
effective date of the suspension and disqualification to the | ||
individual. However, should the
sworn report be defective by | ||
not containing sufficient information or be
completed in error, | ||
the notice of the suspension and disqualification shall not be | ||
mailed to the
person or entered to the driving record, but | ||
rather the sworn report shall be
returned to the issuing law | ||
enforcement agency. | ||
(e) A driver may contest this suspension of his or her
| ||
driving privileges and disqualification of his or her CDL | ||
privileges by
requesting an administrative hearing with the | ||
Secretary in accordance with
Section 2-118 of this Code. At the | ||
conclusion of a hearing held under
Section 2-118 of this Code, | ||
the Secretary may rescind, continue, or modify the
orders
of | ||
suspension and disqualification. If the Secretary does not | ||
rescind the orders of suspension and disqualification, a | ||
restricted
driving permit may be granted by the Secretary upon | ||
application being made and
good cause shown. A restricted |
driving permit may be granted to relieve undue
hardship to | ||
allow driving for employment, educational, and medical | ||
purposes as
outlined in Section 6-206 of this Code. The | ||
provisions of Section 6-206 of
this Code shall apply. In | ||
accordance with 49 C.F.R. 384, the Secretary of State may not | ||
issue a restricted driving permit for the operation of a | ||
commercial motor vehicle to a person holding a CDL whose | ||
driving privileges have been suspended, revoked, cancelled, or | ||
disqualified.
| ||
(f) (Blank). | ||
(g) For the purposes of this Section, a personal injury | ||
shall include
any type A injury as indicated on the traffic | ||
accident report completed
by a law enforcement officer that | ||
requires immediate professional attention
in either a doctor's | ||
office or a medical facility. A type A injury shall
include | ||
severely bleeding wounds, distorted extremities, and injuries | ||
that
require the injured party to be carried from the scene. | ||
(Source: P.A. 95-382, eff. 8-23-07.)
| ||
(625 ILCS 5/11-501.8)
| ||
Sec. 11-501.8. Suspension of driver's license; persons | ||
under age 21.
| ||
(a) A person who is less than 21 years of age and 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
chemical test or tests of blood, breath, or urine |
for the purpose of
determining the alcohol content of the | ||
person's blood if arrested, as evidenced
by the issuance of a | ||
Uniform Traffic Ticket for any violation of the Illinois
| ||
Vehicle Code or a similar provision of a local ordinance, if a | ||
police officer
has probable cause to believe that the driver | ||
has consumed any amount of an
alcoholic beverage based upon | ||
evidence of the driver's physical condition or
other first hand | ||
knowledge of the police officer. The test or tests shall be
| ||
administered at the direction of the arresting officer. The law | ||
enforcement
agency employing the officer shall designate which | ||
of the aforesaid tests shall
be administered. A urine test may | ||
be administered even after a blood or
breath test or both has | ||
been administered.
| ||
(b) A person who is dead, unconscious, or who is otherwise | ||
in a condition
rendering that person incapable of refusal, | ||
shall be deemed not to have
withdrawn the consent provided by | ||
paragraph (a) of this Section and the test or
tests may be | ||
administered subject to the following provisions:
| ||
(i) Chemical analysis of the person's blood, urine, | ||
breath, or
other bodily substance, to be considered valid | ||
under the provisions of this
Section, shall have been | ||
performed according to standards promulgated by the | ||
Department of State
Police
by an individual possessing a | ||
valid permit issued by that Department for this
purpose. | ||
The Director of State Police is authorized to approve | ||
satisfactory
techniques or methods, to ascertain the |
qualifications and competence of
individuals to conduct | ||
analyses, to issue permits that shall be subject to
| ||
termination or revocation at the direction of that | ||
Department, and to certify
the accuracy of breath testing | ||
equipment. The Department of
State Police shall prescribe | ||
regulations as necessary.
| ||
(ii) When a person submits to a blood test at the | ||
request of a law
enforcement officer under the provisions | ||
of this Section, only a physician
authorized to practice | ||
medicine, a registered nurse, or other qualified person
| ||
trained in venipuncture and acting under the direction of a | ||
licensed physician
may withdraw blood for the purpose of | ||
determining the alcohol content therein.
This limitation | ||
does not apply to the taking of breath or urine specimens.
| ||
(iii) The person tested may have a physician, qualified | ||
technician,
chemist, registered nurse, or other qualified | ||
person of his or her own choosing
administer a chemical | ||
test or tests in addition to any test or tests
administered | ||
at the direction of a law enforcement officer. The failure | ||
or
inability to obtain an additional test by a person shall | ||
not preclude the
consideration of the previously performed | ||
chemical test.
| ||
(iv) Upon a request of the person who submits to a | ||
chemical test or
tests at the request of a law enforcement | ||
officer, full information concerning
the test or tests | ||
shall be made available to the person or that person's
|
attorney.
| ||
(v) Alcohol concentration means either grams of | ||
alcohol per 100
milliliters of blood or grams of alcohol | ||
per 210 liters of breath.
| ||
(vi) If a driver is receiving medical treatment as a | ||
result of a motor
vehicle accident, a physician licensed to | ||
practice medicine, registered nurse,
or other qualified | ||
person trained in venipuncture and
acting under the | ||
direction of a licensed physician shall
withdraw blood for | ||
testing purposes to ascertain the presence of alcohol upon
| ||
the specific request of a law enforcement officer. However, | ||
that testing
shall not be performed until, in the opinion | ||
of the medical personnel on scene,
the withdrawal can be | ||
made without interfering with or endangering the
| ||
well-being of the patient.
| ||
(c) A person requested to submit to a test as provided | ||
above shall be warned
by the law enforcement officer requesting | ||
the test that a refusal to submit to
the test, or submission to | ||
the test resulting in an alcohol concentration of
more than | ||
0.00, may result in the loss of that person's privilege to | ||
operate a
motor vehicle and may result in the disqualification | ||
of the person's privilege to operate a commercial motor | ||
vehicle, as provided in Section 6-514 of this Code, if the | ||
person is a CDL holder. The loss of driving privileges shall be | ||
imposed in accordance
with Section 6-208.2 of this Code.
| ||
(d) If the person refuses testing or submits to a test that |
discloses an
alcohol concentration of more than 0.00, the law | ||
enforcement officer shall
immediately submit a sworn report to | ||
the Secretary of State on a form
prescribed by the Secretary of | ||
State, certifying that the test or tests were
requested under | ||
subsection (a) and the person refused to submit to a test
or | ||
tests or submitted to testing which disclosed an alcohol | ||
concentration of
more than 0.00. The law enforcement officer | ||
shall submit the same sworn report
when a person under the age | ||
of 21 submits to testing under Section
11-501.1 of this Code | ||
and the testing discloses an alcohol concentration of
more than | ||
0.00 and less than 0.08.
| ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall enter the suspension and | ||
disqualification on the individual's driving
record and the | ||
suspension and disqualification shall be effective on the 46th | ||
day following the date
notice of the suspension was given to | ||
the person. If this suspension is the
individual's first | ||
driver's license suspension under this Section, reports
| ||
received by the Secretary of State under this Section shall, | ||
except during the
time the suspension is in effect, be | ||
privileged information and for use only by
the courts, police | ||
officers, prosecuting authorities, the Secretary of State,
or | ||
the individual personally. However, beginning January 1, 2008, | ||
if the person is a CDL holder, the report of suspension shall | ||
also be made available to the driver licensing administrator of | ||
any other state, the U.S. Department of Transportation, and the |
affected driver or motor carrier or prospective motor carrier | ||
upon request.
Reports received by the Secretary of State under | ||
this Section shall also be made available to the parent or | ||
guardian of a person under the age of 18 years that holds an | ||
instruction permit or a graduated driver's license, regardless | ||
of whether the suspension is in effect.
| ||
The law enforcement officer submitting the sworn report | ||
shall serve immediate
notice of this suspension on the person | ||
and the suspension and disqualification shall
be effective on | ||
the 46th day following the date notice was given.
| ||
In cases where the blood alcohol concentration of more than | ||
0.00 is
established by a subsequent analysis of blood or urine, | ||
the police officer or
arresting agency shall give notice as | ||
provided in this Section or by deposit
in the United States | ||
mail of that notice in an envelope with postage prepaid
and | ||
addressed to that person at his last known address and the loss | ||
of driving
privileges shall be effective on the 46th day | ||
following the date notice was
given.
| ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall also give notice of the | ||
suspension and disqualification to the driver
by mailing a | ||
notice of the effective date of the suspension and | ||
disqualification to the individual.
However, should the sworn | ||
report be defective by not containing sufficient
information or | ||
be completed in error, the notice of the suspension and | ||
disqualification shall not be mailed to the person or entered |
to the driving record,
but rather the sworn report shall be | ||
returned to the issuing law enforcement
agency.
| ||
(e) A driver may contest this suspension and | ||
disqualification by requesting an
administrative hearing with | ||
the Secretary of State in accordance with Section
2-118 of this | ||
Code. An individual whose blood alcohol concentration is shown
| ||
to be more than 0.00 is not subject to this Section if he or she | ||
consumed
alcohol in the performance of a religious service or | ||
ceremony. An individual
whose blood alcohol concentration is | ||
shown to be more than 0.00 shall not be
subject to this Section | ||
if the individual's blood alcohol concentration
resulted only | ||
from ingestion of the prescribed or recommended dosage of
| ||
medicine that contained alcohol. The petition for that hearing | ||
shall not stay
or delay the effective date of the impending | ||
suspension. The scope of this
hearing shall be limited to the | ||
issues of:
| ||
(1) whether the police officer had probable cause to | ||
believe that the
person was driving or in actual physical | ||
control of a motor vehicle upon the
public highways of the | ||
State and the police officer had reason to believe that
the | ||
person was in violation of any provision of the Illinois | ||
Vehicle Code or a
similar provision of a local ordinance; | ||
and
| ||
(2) whether the person was issued a Uniform Traffic | ||
Ticket for any
violation of the Illinois Vehicle Code or a | ||
similar provision of a local
ordinance; and
|
(3) whether the police officer had probable cause to | ||
believe that the
driver
had consumed any amount of an | ||
alcoholic beverage based upon the driver's
physical | ||
actions or other first-hand knowledge of the police | ||
officer; and
| ||
(4) whether the person, after being advised by the | ||
officer that the
privilege to operate a motor vehicle would | ||
be suspended if the person refused
to submit to and | ||
complete the test or tests, did refuse to submit to or
| ||
complete the test or tests to determine the person's | ||
alcohol concentration;
and
| ||
(5) whether the person, after being advised by the | ||
officer that the
privileges to operate a motor vehicle | ||
would be suspended if the person submits
to a chemical test | ||
or tests and the test or tests disclose an alcohol
| ||
concentration of more than 0.00, did submit to and
complete | ||
the
test or tests that determined an alcohol concentration | ||
of more than 0.00; and
| ||
(6) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol in the performance of a
religious service or | ||
ceremony; and
| ||
(7) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol through ingestion of the
prescribed or | ||
recommended dosage of medicine.
|
At the conclusion of the hearing held under Section 2-118 | ||
of
this Code, the Secretary of State may rescind, continue, or | ||
modify the suspension and disqualification. If the Secretary of | ||
State does not rescind the suspension and disqualification, a
| ||
restricted driving permit may be granted by the Secretary of | ||
State upon
application being made and good cause shown. A | ||
restricted driving permit may be
granted to relieve undue | ||
hardship by allowing driving for employment,
educational, and | ||
medical purposes as outlined in item (3) of part (c) of
Section | ||
6-206 of this Code. The provisions of item (3) of part (c) of | ||
Section
6-206 of this Code and of subsection (f) of that | ||
Section shall apply. The Secretary of State shall promulgate | ||
rules
providing for participation in an alcohol education and | ||
awareness program or
activity, a drug education and awareness | ||
program or activity, or both as a
condition to the issuance of | ||
a restricted driving permit for suspensions
imposed under this | ||
Section.
| ||
(f) The results of any chemical testing performed in | ||
accordance with
subsection (a) of this Section are not | ||
admissible in any civil or criminal
proceeding, except that the | ||
results of the testing may be considered at a
hearing held | ||
under Section 2-118 of this Code. However, the results of
the | ||
testing may not be used to impose driver's license sanctions | ||
under
Section 11-501.1 of this Code. A law enforcement officer | ||
may, however, pursue
a statutory summary suspension or | ||
revocation of driving privileges under Section 11-501.1 of
this |
Code if other physical evidence or first hand knowledge forms | ||
the basis
of that suspension or revocation .
| ||
(g) This Section applies only to drivers who are under
age | ||
21 at the time of the issuance of a Uniform Traffic Ticket for | ||
a
violation of the Illinois Vehicle Code or a similar provision | ||
of a local
ordinance, and a chemical test request is made under | ||
this Section.
| ||
(h) The action of the Secretary of State in suspending, | ||
revoking, cancelling, or
disqualifying any license or
permit | ||
shall be
subject to judicial review in the Circuit Court of | ||
Sangamon County or in the
Circuit Court of Cook County, and the | ||
provisions of the Administrative Review
Law and its rules are | ||
hereby adopted and shall apply to and govern every action
for | ||
the judicial review of final acts or decisions of the Secretary | ||
of State
under this Section.
| ||
(Source: P.A. 94-307, eff. 9-30-05; 95-201, eff. 1-1-08; | ||
95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-876, eff. | ||
8-21-08.)
| ||
Section 10. The Code of Criminal Procedure of 1963 is | ||
amended by changing Section 115-15 as follows:
| ||
(725 ILCS 5/115-15)
| ||
Sec. 115-15. Laboratory reports.
| ||
(a) In any criminal prosecution for a violation of
the | ||
Cannabis
Control Act, the Illinois Controlled Substances Act, |
or the Methamphetamine Control and Community Protection Act, a | ||
laboratory report
from the Department of State Police, Division | ||
of Forensic Services, that is
signed and sworn to by the person | ||
performing an
analysis and that states (1) that the substance | ||
that is the basis of the
alleged
violation
has been weighed and | ||
analyzed, and (2) the person's findings as to the
contents, | ||
weight and identity of the substance, and (3) that it contains | ||
any
amount of a controlled substance or cannabis is prima facie | ||
evidence of the
contents, identity and weight of the substance. | ||
Attached to the report
shall be a copy of a notarized statement | ||
by the signer of the report giving
the name of the signer and | ||
stating (i) that he or she is an employee of the
Department of | ||
State Police, Division of Forensic Services,
(ii) the name and | ||
location of the laboratory where the analysis was
performed, | ||
(iii) that performing the analysis is a part of his or her | ||
regular
duties, and (iv) that the signer is qualified by | ||
education, training and
experience to perform the analysis. The | ||
signer shall also allege that
scientifically accepted tests | ||
were performed with due caution and that the
evidence was | ||
handled in accordance with established and accepted procedures
| ||
while in the custody of the laboratory.
| ||
(a-5) In any criminal prosecution for reckless homicide | ||
under Section 9-3
of the
Criminal Code of
1961 or driving under | ||
the influence of alcohol, other drug, or combination of
both, | ||
in
violation of Section
11-501 of the Illinois Vehicle Code or | ||
in any civil action held under a
statutory summary
suspension |
or revocation hearing under Section 2-118.1 of the Illinois | ||
Vehicle Code, a
laboratory report from the
Department of State | ||
Police, Division of Forensic Services, that is signed and
sworn | ||
to by the person
performing an analysis, and that states
that | ||
the sample of blood or urine was tested for alcohol or
drugs, | ||
and
contains the person's findings as to the presence and | ||
amount
of
alcohol or
drugs and type of drug is prima facie | ||
evidence of
the presence, content, and amount of the alcohol or | ||
drugs analyzed in
the blood or urine. Attached to the report | ||
must be a copy of a notarized
statement by the
signer of the | ||
report giving the name of the signer and stating (1) that he or
| ||
she is an employee
of the Department of State Police, Division | ||
of Forensic Services, (2) the name
and location
of the | ||
laboratory where the analysis was performed, (3) that | ||
performing the
analysis is a part
of his or her regular duties, | ||
(4) that the signer is qualified by
education, training, and
| ||
experience to perform the analysis, and (5) that
scientifically | ||
accepted
tests were performed with due caution and that the | ||
evidence was handled in
accordance with
established and | ||
accepted procedures while in the custody of the laboratory.
| ||
(b) The State's Attorney shall serve a copy of the report | ||
on the
attorney of record for the accused, or on the accused if | ||
he or she has no
attorney, before any proceeding in which the | ||
report is to be used against
the accused other than at a | ||
preliminary hearing or grand jury hearing when
the report may | ||
be used without having been previously served upon the accused.
|
(c) The report shall not be prima facie evidence if the
| ||
accused or his or her attorney
demands the testimony of the | ||
person signing the report by serving the
demand upon the | ||
State's Attorney within 7 days from the accused or his or her
| ||
attorney's receipt of the report.
| ||
(Source: P.A. 94-556, eff. 9-11-05.)
| ||
Section 99. Effective date. This Act takes effect July 1, | ||
2011.
|