Public Act 90-0107 of the 90th General Assembly

State of Illinois
Public Acts
90th General Assembly

[ Home ] [ Public Acts ] [ ILCS ] [ Search ] [ Bottom ]


Public Act 90-0107

HB1388 Enrolled                                LRB9003049NTsb

    AN ACT to amend  the  Illinois  Vehicle  Code  by  adding
Sections 6-106.1a and 6-106.1b.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Vehicle  Code  is  amended  by
adding Sections 6-106.1a and 6-106.1b as follows:

    (625 ILCS 5/6-106.1a new)
    Sec. 6-106.1a.  Cancellation of school bus driver permit;
trace of alcohol.
    (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refusal,  shall  be  deemed not to have withdrawn the consent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  Public  Health,  in consultation with the
    Department of State Police, by an individual possessing a
    valid permit issued by the Department  of  Public  Health
    for  this  purpose.   The  Director  of Public Health, in
    consultation with the  Department  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  Public  Health,  and  to
    certify  the  accuracy  of breath testing equipment.  The
    Department of Public  Health  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.
         (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.
    (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 0.10.
    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.
    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.
    (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  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.
    (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.

    (625 ILCS 5/6-106.1b new)
    Sec.   6-106.1b.    Loss  of  school  bus  driver  permit
privileges; failure or refusal to submit to chemical testing.
Unless the loss of school bus driver permit privileges  based
upon    consumption  of alcohol by an individual who has been
issued a school bus driver permit in accordance with  Section
6-106.1 of this Code or refusal to submit to testing has been
rescinded  by  the  Secretary  of  State  in  accordance with
subsection (c) of Section 6-206 of this Code, a person  whose
privilege  to  possess  a  school  bus driver permit has been
canceled  under  Section  6-106.1a  is   not   eligible   for
restoration  of the privilege until the expiration of 3 years
from the effective date of the cancellation for a person  who
has  refused  or  failed  to  complete  a  test  or  tests to
determine blood alcohol concentration  or  has  submitted  to
testing with a blood alcohol concentration of 0.00 or more.

    Section   99.  Effective  date.  This Act takes effect on
January 1, 1998.

[ Top ]