Public Act 90-0107 of the 90th General Assembly
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refusal, shall be deemed not to have withdrawn the consent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.