Executive Committee
Filed: 10/28/2009
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1 | AMENDMENT TO SENATE BILL 2248
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2 | AMENDMENT NO. ______. Amend Senate Bill 2248 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. The General Assembly finds that the use of any | ||||||
5 | motor vehicle, snowmobile or watercraft while under the | ||||||
6 | influence of alcohol or other drugs is inherently dangerous. | ||||||
7 | Further, the General Assembly finds that there is an | ||||||
8 | unacceptable risk to the public safety and welfare that an | ||||||
9 | offender who drives or operates any one of these devices while | ||||||
10 | under the influence will continue to drive or operate another | ||||||
11 | of these devices while under the influence. Further, the | ||||||
12 | General Assembly finds that increased, enhanced, and | ||||||
13 | coordinated legislative, law enforcement, and administrative | ||||||
14 | measures are needed to improve this State's efforts to deter | ||||||
15 | this unlawful activity. Finally, the General Assembly finds | ||||||
16 | that the public safety and welfare can be better served and | ||||||
17 | protected by harmonizing and integrating this State's statutes |
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1 | related to driving, boating, and snowmobiling while under the | ||||||
2 | influence of alcohol and other drugs, and that it is with this | ||||||
3 | intent that this legislation is enacted. | ||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 1-197.5, 2-118.1, 6-113, 6-203.1, 6-205, 6-206, | ||||||
6 | 6-208.1, 6-208.2, 6-303, 6-304.1, 6-514, 11-501, 11-501.01, | ||||||
7 | 11-501.1, 11-501.2, 11-501.5, 11-501.6, and 11-501.8 and by | ||||||
8 | adding Sections 1-189.5, 1-225, 1-226, and 6-208.3 as follows: | ||||||
9 | (625 ILCS 5/1-189.5 new) | ||||||
10 | Sec. 1-189.5. Snowmobile. The same meaning ascribed to the | ||||||
11 | term "snowmobile" by Section 1-2.15 of the Snowmobile | ||||||
12 | Registration and Safety Act.
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13 | (625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
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14 | Sec. 1-197.5.
Statutory summary alcohol or other drug | ||||||
15 | related suspension
of driving, snowmobile operating, and | ||||||
16 | watercraft operating driver's privileges. The suspension | ||||||
17 | withdrawal by the Secretary of State or Department of Natural | ||||||
18 | Resources of a
person's license or privilege to drive operate a | ||||||
19 | motor vehicle on the public
highways , operate a snowmobile, or | ||||||
20 | operate a watercraft for the periods provided in Section | ||||||
21 | 6-208.1. Reinstatement after
the suspension period shall occur | ||||||
22 | after all appropriate fees have been
paid. The bases for this | ||||||
23 | suspension withdrawal of driving , snowmobile operating, and |
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1 | watercraft operating privileges
shall be the individual's | ||||||
2 | refusal to submit to or failure to complete a
chemical test or | ||||||
3 | tests following an arrest for the offense of driving or | ||||||
4 | operating under
the influence of alcohol, other drugs, or | ||||||
5 | intoxicating compounds,
or any combination thereof, or | ||||||
6 | submission to such a
test or tests indicating an alcohol | ||||||
7 | concentration of 0.08 or more
as provided in Section 11-501.1 | ||||||
8 | of this Code.
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9 | (Source: P.A. 96-607, eff. 8-24-09.)
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10 | (625 ILCS 5/1-225 new)
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11 | Sec. 1-225. Watercraft. The same meaning ascribed to the | ||||||
12 | term "watercraft" by Section 1-2 of the Boat Registration and | ||||||
13 | Safety Act. | ||||||
14 | (625 ILCS 5/1-226 new)
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15 | Sec. 1-226. Waters of this State. The same meaning ascribed | ||||||
16 | to the term "waters of this State" by Section 1-2 of the Boat | ||||||
17 | Registration and Safety Act.
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18 | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
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19 | Sec. 2-118.1. Opportunity for hearing; statutory summary | ||||||
20 | alcohol
or other drug related suspension. | ||||||
21 | (a) A statutory summary suspension of driving , snowmobile | ||||||
22 | operating, and watercraft operating privileges under Section
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23 | 11-501.1 shall not become effective until the person is |
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1 | notified in writing of
the impending suspension and informed | ||||||
2 | that he may request a hearing in the
circuit court of venue | ||||||
3 | under paragraph (b) of this Section and the statutory
summary | ||||||
4 | suspension shall become effective as provided in Section | ||||||
5 | 11-501.1.
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6 | (b) Within 90 days after the notice of statutory summary
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7 | suspension served under Section
11-501.1, the person may make a | ||||||
8 | written request for a judicial hearing in
the circuit court of | ||||||
9 | venue. The request to the circuit court shall state
the grounds | ||||||
10 | upon which the person seeks to have the statutory summary
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11 | suspension rescinded. Within 30 days after receipt of the | ||||||
12 | written request
or the first appearance date on the Uniform | ||||||
13 | Traffic Ticket or Illinois Conservation Citation and Complaint | ||||||
14 | issued pursuant
to a violation of Section 11-501, or a similar | ||||||
15 | provision of a local
ordinance, the hearing shall be conducted | ||||||
16 | by the circuit court having
jurisdiction. This judicial | ||||||
17 | hearing, request, or process shall not stay or
delay the | ||||||
18 | statutory summary suspension. The hearings shall proceed in the
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19 | court in the same manner as in other civil proceedings.
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20 | The hearing may be conducted upon a review of the law | ||||||
21 | enforcement
officer's own official reports; provided however, | ||||||
22 | that the person may
subpoena the officer. Failure of the | ||||||
23 | officer to answer the subpoena shall
be considered grounds for | ||||||
24 | a continuance if in the court's discretion the
continuance is | ||||||
25 | appropriate.
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26 | The scope of the hearing shall be limited to the issues of:
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1 | 1. Whether the person was placed under arrest for an | ||||||
2 | offense as defined
in Section 11-501, or a similar | ||||||
3 | provision of a local ordinance, as evidenced
by the | ||||||
4 | issuance of a Uniform Traffic Ticket or Illinois | ||||||
5 | Conservation Citation and Complaint , or issued a Uniform | ||||||
6 | Traffic
Ticket or Illinois Conservation Citation and | ||||||
7 | Complaint out of state as provided in subsection (a) of | ||||||
8 | Section 11-501.1; and
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9 | 2. Whether the officer had reasonable grounds to | ||||||
10 | believe that
the person was driving , operating, or in | ||||||
11 | actual physical control of a (i) motor vehicle
upon a | ||||||
12 | highway , (ii) snowmobile in this State, or (iii) watercraft | ||||||
13 | upon the waters of this State while under the influence of | ||||||
14 | alcohol, other drug, or
combination of both; and
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15 | 3. Whether the person, after being advised by the | ||||||
16 | officer
that the privilege to drive operate a motor | ||||||
17 | vehicle , operate a snowmobile, and operate a watercraft | ||||||
18 | would be suspended if the
person refused to submit to and | ||||||
19 | complete the test or tests, did refuse to
submit to or | ||||||
20 | complete the test or tests to determine the person's | ||||||
21 | alcohol
or drug concentration; or
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22 | 4. Whether the person, after being advised by the | ||||||
23 | officer that
the privilege to drive operate a motor | ||||||
24 | vehicle , operate a snowmobile, and operate a watercraft | ||||||
25 | would be suspended if the person
submits to a chemical | ||||||
26 | test, or tests, and the test discloses an alcohol
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1 | concentration of 0.08 or more, or any amount of a drug, | ||||||
2 | substance,
or compound in the person's blood or urine | ||||||
3 | resulting from the unlawful use or
consumption of cannabis | ||||||
4 | listed in the Cannabis Control Act, a controlled
substance | ||||||
5 | listed in the Illinois Controlled Substances Act, an | ||||||
6 | intoxicating
compound as listed in the Use of Intoxicating | ||||||
7 | Compounds Act, or methamphetamine as listed in the | ||||||
8 | Methamphetamine Control and Community Protection Act, and | ||||||
9 | the person
did submit to and complete the test or tests | ||||||
10 | that determined an alcohol
concentration of 0.08 or more.
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11 | Upon the conclusion of the judicial hearing, the circuit | ||||||
12 | court shall
sustain or rescind the statutory summary suspension | ||||||
13 | and immediately notify
the Secretary of State and the | ||||||
14 | Department of Natural Resources . Reports received by the | ||||||
15 | Secretary of State and the Department of Natural Resources | ||||||
16 | under
this Section shall be privileged information and for use | ||||||
17 | only by the
courts, police officers, the Department of Natural | ||||||
18 | Resources, and Secretary of State.
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19 | (Source: P.A. 95-355, eff. 1-1-08.)
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20 | (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
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21 | Sec. 6-113. Restricted licenses and permits.
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22 | (a) The Secretary of
State upon issuing a drivers license | ||||||
23 | or permit shall have the authority
whenever good cause appears | ||||||
24 | to impose restrictions suitable to the
licensee's driving | ||||||
25 | ability with respect to the type of, or special
mechanical |
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1 | control devices required on, a motor vehicle which the
licensee | ||||||
2 | may operate or such other restrictions applicable to the
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3 | licensee as the Secretary of State may determine to be | ||||||
4 | appropriate to
assure the safe operation of a motor vehicle by | ||||||
5 | the licensee.
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6 | (b) The Secretary of State may either issue a special | ||||||
7 | restricted
license or permit or may set forth such restrictions | ||||||
8 | upon the usual
license or permit form.
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9 | (c) The Secretary of State may issue a probationary license | ||||||
10 | to a person
whose driving privileges have been suspended | ||||||
11 | pursuant to subsection (d) of this
Section or subsections | ||||||
12 | (a)(2), (a)(19) and (a)(20) of Section 6-206 of this
Code. This | ||||||
13 | subsection (c) does not apply to any driver required to possess | ||||||
14 | a CDL for the purpose of operating a commercial motor vehicle. | ||||||
15 | The Secretary of State shall promulgate rules pursuant to the
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16 | Illinois Administrative Procedure Act, setting forth the | ||||||
17 | conditions and
criteria for the issuance and cancellation of | ||||||
18 | probationary licenses.
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19 | (d) The Secretary of State may upon receiving satisfactory | ||||||
20 | evidence
of any violation of the restrictions of such license | ||||||
21 | or permit suspend,
revoke or cancel the same without | ||||||
22 | preliminary hearing, but the licensee or
permittee shall be | ||||||
23 | entitled to a hearing as in the case of a suspension
or | ||||||
24 | revocation.
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25 | (e) It is unlawful for any person to drive operate a motor | ||||||
26 | vehicle in any
manner in violation of the restrictions imposed |
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1 | on a restricted license
or permit issued to him.
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2 | (f) Whenever the holder of a restricted driving permit is | ||||||
3 | issued a citation
for any of the following offenses including | ||||||
4 | similar local ordinances, the
restricted driving permit is | ||||||
5 | immediately invalidated:
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6 | 1. Reckless homicide resulting from the operation of a | ||||||
7 | motor vehicle;
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8 | 2. Violation of Section 11-501 of this Act relating to | ||||||
9 | driving the operation of
a motor vehicle , operating a | ||||||
10 | snowmobile, or operating a watercraft while under the | ||||||
11 | influence of alcohol, other drug or drugs, intoxicating | ||||||
12 | compound or compounds, or any combination thereof | ||||||
13 | intoxicating liquor or narcotic
drugs ;
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14 | 3. Violation of Section 11-401 of this Act relating to | ||||||
15 | the offense of
leaving the scene of a traffic accident | ||||||
16 | involving death or injury;
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17 | 4. Violation of Section 11-504 of this Act relating to | ||||||
18 | the offense of drag
racing; or
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19 | 5. Violation of Section 11-506 of this Act relating to | ||||||
20 | the offense of street racing.
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21 | The police officer issuing the citation shall confiscate | ||||||
22 | the restricted
driving permit and forward it, along with the | ||||||
23 | citation, to the Clerk of
the Circuit Court of the county in | ||||||
24 | which the citation was issued.
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25 | (g) The Secretary of State may issue a special restricted
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26 | license for a period of 12 months to individuals using vision |
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1 | aid
arrangements other than standard eyeglasses or contact | ||||||
2 | lenses,
allowing the operation of a motor vehicle during | ||||||
3 | nighttime hours.
The Secretary of State shall adopt rules | ||||||
4 | defining the terms and
conditions by which the individual may | ||||||
5 | obtain and renew this
special restricted license. At a minimum, | ||||||
6 | all drivers must meet
the following requirements:
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7 | 1. Possess a valid driver's license and have driven | ||||||
8 | operated a
motor vehicle during daylight hours for a period | ||||||
9 | of 12 months
using vision aid arrangements other than | ||||||
10 | standard eyeglasses
or contact lenses.
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11 | 2. Have a driving record that does not include any
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12 | traffic accidents that occurred during nighttime hours, | ||||||
13 | for which the
driver has been found to be at fault, during | ||||||
14 | the 12 months before he or she
applied for the special | ||||||
15 | restricted license.
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16 | 3. Successfully complete a road test administered | ||||||
17 | during
nighttime hours.
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18 | At a minimum, all drivers renewing this license must meet | ||||||
19 | the
following requirements:
| ||||||
20 | 1. Successfully complete a road test administered | ||||||
21 | during
nighttime hours.
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22 | 2. Have a driving record that does not include any
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23 | traffic accidents that occurred during nighttime hours, | ||||||
24 | for which the
driver has been found to be at fault, during | ||||||
25 | the 12 months before he or she
applied for
the special | ||||||
26 | restricted license.
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1 | (h) Any driver issued a special restricted license as | ||||||
2 | defined in
subsection (g) whose privilege to drive during | ||||||
3 | nighttime hours has been
suspended due to an accident occurring | ||||||
4 | during nighttime hours may request
a hearing as provided in | ||||||
5 | Section 2-118 of this Code to contest that suspension.
If it is
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6 | determined that the accident for which the driver was at fault | ||||||
7 | was not
influenced by the driver's use of vision aid | ||||||
8 | arrangements other than standard
eyeglasses or contact lenses, | ||||||
9 | the Secretary may reinstate that driver's
privilege to drive | ||||||
10 | during nighttime hours.
| ||||||
11 | (Source: P.A. 95-310, eff. 1-1-08; 95-382, eff. 8-23-07; | ||||||
12 | 95-876, eff. 8-21-08.)
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13 | (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
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14 | Sec. 6-203.1.
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15 | (a) The Secretary of State is authorized to suspend, for | ||||||
16 | the period set forth in Section 6-208.1, the
driving privileges | ||||||
17 | and the Department of Natural Resources is authorized to | ||||||
18 | suspend the snowmobile operating and watercraft operating | ||||||
19 | privileges of persons arrested in another state for driving or | ||||||
20 | operating a motor vehicle, snowmobile, or watercraft under
the | ||||||
21 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
22 | compound or
compounds, or any combination thereof, or a similar
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23 | provision, and who has refused to submit to a chemical test or | ||||||
24 | tests under
the provisions of implied consent.
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25 | (b) When a driving privileges have privilege has been |
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1 | suspended for a refusal as
provided in paragraph (a) of this | ||||||
2 | Section and the person is subsequently convicted of the
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3 | underlying charge, for the same incident, any period served on | ||||||
4 | suspension
shall be credited toward the minimum period of | ||||||
5 | revocation of driving
privileges imposed pursuant to Section | ||||||
6 | 6-206. | ||||||
7 | (c) When snowmobile and watercraft operating privileges | ||||||
8 | have been suspended for refusal as provided in paragraph (a) of | ||||||
9 | this Section and the person is subsequently convicted of the | ||||||
10 | underlying charge, for the same incident, any period served on | ||||||
11 | the suspension shall be credited toward the minimum period of | ||||||
12 | revocation of snowmobile and watercraft operating privileges | ||||||
13 | imposed pursuant to Section 6-208.3.
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14 | (Source: P.A. 96-607, eff. 8-24-09.)
| ||||||
15 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
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16 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
17 | Hardship cases.
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18 | (a) Except as provided in this Section, the Secretary of | ||||||
19 | State shall
immediately revoke the license, permit, or driving | ||||||
20 | privileges of
any driver upon receiving a
report of the | ||||||
21 | driver's conviction of any of the following offenses:
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22 | 1. Reckless homicide resulting from the operation of a | ||||||
23 | motor vehicle;
| ||||||
24 | 2. Violation of Section 11-501 of this Code or a | ||||||
25 | similar provision of
a local ordinance relating to the |
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1 | offense of driving, operating , or being in actual physical
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2 | control of a vehicle , snowmobile, or watercraft while under | ||||||
3 | the influence of alcohol, other drug or
drugs, intoxicating | ||||||
4 | compound or compounds, or any combination thereof;
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5 | 3. Any felony under the laws of any State or the | ||||||
6 | federal government
in the commission of which a motor | ||||||
7 | vehicle was used;
| ||||||
8 | 4. Violation of Section 11-401 of this Code relating to | ||||||
9 | the offense of
leaving the scene of a traffic accident | ||||||
10 | involving death or personal injury;
| ||||||
11 | 5. Perjury or the making of a false affidavit or | ||||||
12 | statement under
oath to the Secretary of State under this | ||||||
13 | Code or under any
other law relating to the ownership or | ||||||
14 | operation of motor vehicles;
| ||||||
15 | 6. Conviction upon 3 charges of violation of Section | ||||||
16 | 11-503 of this
Code relating to the offense of reckless | ||||||
17 | driving committed within a
period of 12 months;
| ||||||
18 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
19 | of this Code;
| ||||||
20 | 8. Violation of Section 11-504 of this Code relating to | ||||||
21 | the offense
of drag racing;
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22 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
23 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
24 | 1961 arising from
the use of a motor vehicle;
| ||||||
25 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
26 | to aggravated
fleeing or attempting to elude a peace |
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1 | officer;
| ||||||
2 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
3 | Section 6-507,
or a similar law of any other state, | ||||||
4 | relating to the
unlawful operation of a commercial motor | ||||||
5 | vehicle;
| ||||||
6 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
7 | this Code or a
similar provision of a local ordinance if | ||||||
8 | the driver has been previously
convicted of a violation of | ||||||
9 | that Section or a similar provision of a local
ordinance | ||||||
10 | and the driver was less than 21 years of age at the time of | ||||||
11 | the
offense;
| ||||||
12 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
13 | this Code or a similar provision of a local ordinance | ||||||
14 | relating to the offense of street racing;
| ||||||
15 | 15. A second or subsequent conviction of driving while | ||||||
16 | the person's driver's license, permit or privileges was | ||||||
17 | revoked for reckless homicide or a similar out-of-state | ||||||
18 | offense. | ||||||
19 | (b) The Secretary of State shall also immediately revoke | ||||||
20 | the license
or permit of any driver in the following | ||||||
21 | situations:
| ||||||
22 | 1. Of any minor upon receiving the notice provided for | ||||||
23 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
24 | minor has been
adjudicated under that Act as having | ||||||
25 | committed an offense relating to
motor vehicles prescribed | ||||||
26 | in Section 4-103 of this Code;
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1 | 2. Of any person when any other law of this State | ||||||
2 | requires either the
revocation or suspension of a license | ||||||
3 | or permit;
| ||||||
4 | 3. Of any person adjudicated under the Juvenile Court | ||||||
5 | Act of 1987 based on an offense determined to have been | ||||||
6 | committed in furtherance of the criminal activities of an | ||||||
7 | organized gang as provided in Section 5-710 of that Act, | ||||||
8 | and that involved the operation or use of a motor vehicle | ||||||
9 | or the use of a driver's license or permit. The revocation | ||||||
10 | shall remain in effect for the period determined by the | ||||||
11 | court. Upon the direction of the court, the Secretary shall | ||||||
12 | issue the person a judicial driving permit, also known as a | ||||||
13 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
14 | issued under Section 6-206.1, except that the court may | ||||||
15 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
16 | effective immediately.
| ||||||
17 | (c)(1) Whenever Except as provided in subsection (c-5), | ||||||
18 | whenever a person is convicted of any of the offenses | ||||||
19 | enumerated in
this Section, the court may recommend and the | ||||||
20 | Secretary of State in his
discretion, without regard to whether | ||||||
21 | the recommendation is made by the
court may, upon application,
| ||||||
22 | issue to the person a
restricted driving permit granting the | ||||||
23 | privilege of driving a motor
vehicle between the petitioner's | ||||||
24 | residence and petitioner's place
of employment or within the | ||||||
25 | scope of the petitioner's employment related
duties, or to | ||||||
26 | allow the petitioner to transport himself or herself or a |
| |||||||
| |||||||
1 | family member
of the petitioner's household to a medical | ||||||
2 | facility for the receipt of necessary medical care or to allow | ||||||
3 | the
petitioner to transport himself or herself to and from | ||||||
4 | alcohol or drug remedial or rehabilitative activity | ||||||
5 | recommended by a licensed service provider, or to allow the
| ||||||
6 | petitioner to transport himself or herself or a family member | ||||||
7 | of the petitioner's household to classes, as a student, at an | ||||||
8 | accredited educational
institution, or to allow the petitioner | ||||||
9 | to transport children living in the petitioner's household to | ||||||
10 | and from daycare; if the petitioner is able to demonstrate that | ||||||
11 | no alternative means
of transportation is reasonably available | ||||||
12 | and that the petitioner will not endanger
the public safety or | ||||||
13 | welfare; provided that the Secretary's discretion shall be
| ||||||
14 | limited to cases where undue hardship, as defined by the rules | ||||||
15 | of the Secretary of State, would result from a failure to issue | ||||||
16 | the
restricted driving permit. Those multiple offenders | ||||||
17 | identified in subdivision (b)4 of Section 6-208 of this Code, | ||||||
18 | however, shall not be eligible for the issuance of a restricted | ||||||
19 | driving permit.
| ||||||
20 | (2) If a person's license or permit is revoked or | ||||||
21 | suspended due to 2 or
more convictions of violating Section | ||||||
22 | 11-501 of this Code or a similar
provision of a local | ||||||
23 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
24 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
25 | other drugs is recited as an element of the offense, or a | ||||||
26 | similar out-of-state offense, or a combination of these |
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| |||||||
1 | offenses, arising out
of separate occurrences, that | ||||||
2 | person, if issued a restricted driving permit,
may not | ||||||
3 | drive operate a motor vehicle unless it has been equipped | ||||||
4 | with an ignition
interlock device as defined in Section | ||||||
5 | 1-129.1.
| ||||||
6 | (3) A person, if issued a restricted
driving permit, | ||||||
7 | may not operate a motor vehicle unless it has been equipped | ||||||
8 | with an
ignition interlock device as defined in Section | ||||||
9 | 1-129.1, if: If:
| ||||||
10 | (A) a person's license or permit is revoked or | ||||||
11 | suspended 2 or more
times within a 10 year period due | ||||||
12 | to any combination of: | ||||||
13 | (i)
a single conviction of violating Section
| ||||||
14 | 11-501 of this Code or a similar provision of a | ||||||
15 | local ordinance or a similar
out-of-state offense, | ||||||
16 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
17 | the use of alcohol or other drugs is recited as an | ||||||
18 | element of the offense, or a similar out-of-state | ||||||
19 | offense; or | ||||||
20 | (ii)
a statutory summary suspension under | ||||||
21 | Section
11-501.1; or | ||||||
22 | (iii)
a suspension pursuant to Section | ||||||
23 | 6-203.1;
| ||||||
24 | arising out of
separate occurrences; or | ||||||
25 | (B)
a person has been convicted of one violation of | ||||||
26 | Section 6-303 of this Code committed while his or her |
| |||||||
| |||||||
1 | driver's license, permit, or privilege was revoked | ||||||
2 | because of a violation of Section 9-3 of the Criminal | ||||||
3 | Code of 1961, relating to the offense of reckless | ||||||
4 | homicide where the use of alcohol or other drugs was | ||||||
5 | recited as an element of the offense, or a similar | ||||||
6 | provision of a law of another state;
| ||||||
7 | that person, if issued a restricted
driving permit, may not | ||||||
8 | operate a vehicle unless it has been equipped with an
| ||||||
9 | ignition interlock device as defined in Section 1-129.1. | ||||||
10 | (4)
The person issued a permit conditioned on the use | ||||||
11 | of an ignition interlock device must pay to the Secretary | ||||||
12 | of State DUI Administration Fund an amount
not to exceed | ||||||
13 | $30 per month. The Secretary shall establish by rule the | ||||||
14 | amount
and the procedures, terms, and conditions relating | ||||||
15 | to these fees. | ||||||
16 | (5)
If the restricted driving permit is issued for | ||||||
17 | employment purposes, then
the prohibition against driving | ||||||
18 | operating a motor vehicle that is not equipped with an | ||||||
19 | ignition interlock device does not apply to the operation | ||||||
20 | of an occupational vehicle
owned or leased by that person's | ||||||
21 | employer when used solely for employment purposes. | ||||||
22 | (6)
In each case the Secretary of State may issue a
| ||||||
23 | restricted driving permit for a period he deems | ||||||
24 | appropriate, except that the
permit shall expire within one | ||||||
25 | year from the date of issuance. The Secretary
may not, | ||||||
26 | however, issue a restricted driving permit to any person |
| |||||||
| |||||||
1 | whose current
revocation is the result of a second or | ||||||
2 | subsequent conviction for a violation
of Section 11-501 of | ||||||
3 | this Code or a similar provision of a local ordinance
or | ||||||
4 | any similar out-of-state offense, or Section 9-3 of the | ||||||
5 | Criminal Code of 1961, where the use of alcohol or other | ||||||
6 | drugs is recited as an element of the offense, or any | ||||||
7 | similar out-of-state offense, or any combination of these | ||||||
8 | offenses, if the offense involved the use of a motor | ||||||
9 | vehicle, until the expiration of at least one year from the | ||||||
10 | date of the
revocation. A restricted
driving permit issued | ||||||
11 | under this Section shall be
subject to cancellation, | ||||||
12 | revocation, and suspension by the Secretary of
State in | ||||||
13 | like manner and for like cause as a driver's license issued
| ||||||
14 | under this Code may be cancelled, revoked, or
suspended; | ||||||
15 | except that a conviction upon one or more offenses against | ||||||
16 | laws or
ordinances regulating the movement of traffic shall | ||||||
17 | be deemed sufficient cause
for the revocation, suspension, | ||||||
18 | or cancellation of a restricted driving permit.
The | ||||||
19 | Secretary of State may, as a condition to the issuance of a | ||||||
20 | restricted
driving permit, require the petitioner to | ||||||
21 | participate in a designated driver
remedial or | ||||||
22 | rehabilitative program. The Secretary of State is | ||||||
23 | authorized to
cancel a restricted driving permit if the | ||||||
24 | permit holder does not successfully
complete the program. | ||||||
25 | However, if an individual's driving privileges have been
| ||||||
26 | revoked in accordance with paragraph 13 of subsection (a) |
| |||||||
| |||||||
1 | of this Section, no
restricted driving permit shall be | ||||||
2 | issued until the individual has served 6
months of the | ||||||
3 | revocation period.
| ||||||
4 | (c-5) (Blank).
| ||||||
5 | (c-6) If a person is convicted of a second violation of | ||||||
6 | driving operating a motor vehicle while the person's driver's | ||||||
7 | license, permit or privilege was revoked, where the revocation | ||||||
8 | was for a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
9 | relating to the offense of reckless homicide or a similar | ||||||
10 | out-of-state offense, the person's driving privileges shall be | ||||||
11 | revoked pursuant to subdivision (a)(15) of this Section. The | ||||||
12 | person may not make application for a license or permit until | ||||||
13 | the expiration of five years from the effective date of the | ||||||
14 | revocation or the expiration of five years from the date of | ||||||
15 | release from a term of imprisonment, whichever is later. | ||||||
16 | (c-7) If a person is convicted of a third or subsequent | ||||||
17 | violation of driving operating a motor vehicle while the | ||||||
18 | person's driver's license, permit or privilege was revoked, | ||||||
19 | where the revocation was for a violation of Section 9-3 of the | ||||||
20 | Criminal Code of 1961 relating to the offense of reckless | ||||||
21 | homicide or a similar out-of-state offense, the person may | ||||||
22 | never apply for a license or permit. | ||||||
23 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
24 | under Section
11-501 of this Code or a similar provision of a | ||||||
25 | local ordinance or a similar out-of-state offense, the
| ||||||
26 | Secretary of State shall revoke the driving privileges of that |
| |||||||
| |||||||
1 | person. One
year after the date of revocation, and upon | ||||||
2 | application, the Secretary of
State may, if satisfied that the | ||||||
3 | person applying will not endanger the
public safety or welfare, | ||||||
4 | issue a restricted driving permit granting the
privilege of | ||||||
5 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
6 | p.m. or as otherwise provided by this Section for a period of | ||||||
7 | one year.
After this one year period, and upon reapplication | ||||||
8 | for a license as
provided in Section 6-106, upon payment of the | ||||||
9 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
10 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
11 | reinstate the petitioner's driver's license and driving | ||||||
12 | privileges, or extend the restricted driving permit as many | ||||||
13 | times as the
Secretary of State deems appropriate, by | ||||||
14 | additional periods of not more than
12 months each.
| ||||||
15 | (2) If a person's license or permit is revoked or | ||||||
16 | suspended due to 2 or
more convictions of violating Section | ||||||
17 | 11-501 of this Code or a similar
provision of a local | ||||||
18 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
19 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
20 | other drugs is recited as an element of the offense, or a | ||||||
21 | similar out-of-state offense, or a combination of these | ||||||
22 | offenses, arising out
of separate occurrences, that | ||||||
23 | person, if issued a restricted driving permit,
may not | ||||||
24 | drive operate a motor vehicle unless it has been equipped | ||||||
25 | with an ignition
interlock device as defined in Section | ||||||
26 | 1-129.1.
|
| |||||||
| |||||||
1 | (3) If a person's license or permit is revoked or | ||||||
2 | suspended 2 or more times
within a 10 year period due to | ||||||
3 | any combination of: | ||||||
4 | (A) a single conviction of violating Section | ||||||
5 | 11-501
of this
Code or a similar provision of a local | ||||||
6 | ordinance or a similar out-of-state
offense, or | ||||||
7 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
8 | of alcohol or other drugs is recited as an element of | ||||||
9 | the offense, or a similar out-of-state offense; or | ||||||
10 | (B)
a statutory summary suspension under Section | ||||||
11 | 11-501.1; or | ||||||
12 | (C) a suspension pursuant to Section 6-203.1; | ||||||
13 | arising out of separate occurrences, that person, if issued | ||||||
14 | a
restricted
driving permit, may not drive operate a motor | ||||||
15 | vehicle unless it has been equipped with an
ignition | ||||||
16 | interlock device as defined in Section 1-129.1. | ||||||
17 | (4)
The person issued a permit conditioned upon the use | ||||||
18 | of an interlock device must pay to the Secretary of State | ||||||
19 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
20 | month. The Secretary shall establish by rule the amount
and | ||||||
21 | the procedures, terms, and conditions relating to these | ||||||
22 | fees. | ||||||
23 | (5)
If the restricted driving permit is issued for | ||||||
24 | employment purposes, then
the prohibition against driving | ||||||
25 | a motor vehicle that is not equipped with an ignition | ||||||
26 | interlock device does not apply to the operation of an |
| |||||||
| |||||||
1 | occupational vehicle
owned or leased by that person's | ||||||
2 | employer when used solely for employment purposes. | ||||||
3 | (6) A
restricted driving permit issued under this | ||||||
4 | Section shall be subject to
cancellation, revocation, and | ||||||
5 | suspension by the Secretary of State in like
manner and for | ||||||
6 | like cause as a driver's license issued under this Code may | ||||||
7 | be
cancelled, revoked, or suspended; except that a | ||||||
8 | conviction upon one or more
offenses against laws or | ||||||
9 | ordinances regulating the movement of traffic
shall be | ||||||
10 | deemed sufficient cause for the revocation, suspension, or
| ||||||
11 | cancellation of a restricted driving permit.
| ||||||
12 | (d-5) The revocation of the license, permit, or driving | ||||||
13 | privileges of a person convicted of a third or subsequent | ||||||
14 | violation of Section 6-303 of this Code committed while his or | ||||||
15 | her driver's license, permit, or privilege was revoked because | ||||||
16 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
17 | relating to the offense of reckless homicide, or a similar | ||||||
18 | provision of a law of another state, is permanent. The | ||||||
19 | Secretary may not, at any time, issue a license or permit to | ||||||
20 | that person.
| ||||||
21 | (e) This Section is subject to the provisions of the Driver | ||||||
22 | License
Compact.
| ||||||
23 | (f) Any revocation imposed upon any person under | ||||||
24 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
25 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
26 | period of time.
|
| |||||||
| |||||||
1 | (g) The Secretary of State shall not issue a restricted | ||||||
2 | driving permit to
a person under the age of 16 years whose | ||||||
3 | driving privileges have been revoked
under any provisions of | ||||||
4 | this Code.
| ||||||
5 | (h) The Secretary of State shall require the use of | ||||||
6 | ignition interlock
devices on all vehicles owned by a person | ||||||
7 | who has been convicted of a
second or subsequent offense under | ||||||
8 | Section 11-501 of this Code or a similar
provision of a local | ||||||
9 | ordinance. The person must pay to the Secretary of State DUI | ||||||
10 | Administration Fund an amount not to exceed $30 for each month | ||||||
11 | that he or she uses the device. The Secretary shall establish | ||||||
12 | by rule and
regulation the procedures for certification and use | ||||||
13 | of the interlock
system, the amount of the fee, and the | ||||||
14 | procedures, terms, and conditions relating to these fees.
| ||||||
15 | (i) (Blank).
| ||||||
16 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
17 | State may not issue a restricted driving permit for the | ||||||
18 | operation of a commercial motor vehicle to a person holding a | ||||||
19 | CDL whose driving privileges have been revoked, suspended, | ||||||
20 | cancelled, or disqualified under any provisions of this Code.
| ||||||
21 | (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | ||||||
22 | eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | ||||||
23 | eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | ||||||
24 | 96-607, eff. 8-24-09.)
| ||||||
25 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
|
| |||||||
| |||||||
1 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
2 | license or
permit; Right to a hearing.
| ||||||
3 | (a) The Secretary of State is authorized to suspend or | ||||||
4 | revoke the
driving privileges of any person without preliminary | ||||||
5 | hearing upon a showing
of the person's records or other | ||||||
6 | sufficient evidence that
the person:
| ||||||
7 | 1. Has committed an offense for which mandatory | ||||||
8 | revocation of
a driver's license or permit is required upon | ||||||
9 | conviction;
| ||||||
10 | 2. Has been convicted of not less than 3 offenses | ||||||
11 | against traffic
regulations governing the movement of | ||||||
12 | vehicles committed within any 12
month period. No | ||||||
13 | revocation or suspension shall be entered more than
6 | ||||||
14 | months after the date of last conviction;
| ||||||
15 | 3. Has been repeatedly involved as a driver in motor | ||||||
16 | vehicle
collisions or has been repeatedly convicted of | ||||||
17 | offenses against laws and
ordinances regulating the | ||||||
18 | movement of traffic, to a degree that
indicates lack of | ||||||
19 | ability to exercise ordinary and reasonable care in
the | ||||||
20 | safe operation of a motor vehicle or disrespect for the | ||||||
21 | traffic laws
and the safety of other persons upon the | ||||||
22 | highway;
| ||||||
23 | 4. Has by the unlawful operation of a motor vehicle | ||||||
24 | caused or
contributed to an accident resulting in death or | ||||||
25 | injury requiring
immediate professional treatment in a | ||||||
26 | medical facility or doctor's office
to any person, except |
| |||||||
| |||||||
1 | that any suspension or revocation imposed by the
Secretary | ||||||
2 | of State under the provisions of this subsection shall | ||||||
3 | start no
later than 6 months after being convicted of | ||||||
4 | violating a law or
ordinance regulating the movement of | ||||||
5 | traffic, which violation is related
to the accident, or | ||||||
6 | shall start not more than one year
after
the date of the | ||||||
7 | accident, whichever date occurs later;
| ||||||
8 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
9 | driver's
license, identification card, or permit;
| ||||||
10 | 6. Has been lawfully convicted of an offense or | ||||||
11 | offenses in another
state, including the authorization | ||||||
12 | contained in Section 6-203.1, which
if committed within | ||||||
13 | this State would be grounds for suspension or revocation;
| ||||||
14 | 7. Has refused or failed to submit to an examination | ||||||
15 | provided for by
Section 6-207 or has failed to pass the | ||||||
16 | examination;
| ||||||
17 | 8. Is ineligible for a driver's license or permit under | ||||||
18 | the provisions
of Section 6-103;
| ||||||
19 | 9. Has made a false statement or knowingly concealed a | ||||||
20 | material fact
or has used false information or | ||||||
21 | identification in any application for a
license, | ||||||
22 | identification card, or permit;
| ||||||
23 | 10. Has possessed, displayed, or attempted to | ||||||
24 | fraudulently use any
license, identification card, or | ||||||
25 | permit not issued to the person;
| ||||||
26 | 11. Has operated a motor vehicle upon a highway of this |
| |||||||
| |||||||
1 | State when
the person's driving privilege or privilege to | ||||||
2 | obtain a driver's license
or permit was revoked or | ||||||
3 | suspended unless the operation was authorized by
a | ||||||
4 | monitoring device driving permit, judicial driving permit | ||||||
5 | issued prior to January 1, 2009, probationary license to | ||||||
6 | drive, or a restricted
driving permit issued under this | ||||||
7 | Code;
| ||||||
8 | 12. Has submitted to any portion of the application | ||||||
9 | process for
another person or has obtained the services of | ||||||
10 | another person to submit to
any portion of the application | ||||||
11 | process for the purpose of obtaining a
license, | ||||||
12 | identification card, or permit for some other person;
| ||||||
13 | 13. Has operated a motor vehicle upon a highway of this | ||||||
14 | State when
the person's driver's license or permit was | ||||||
15 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
16 | 14. Has committed a violation of Section 6-301, | ||||||
17 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
18 | of the Illinois Identification Card
Act;
| ||||||
19 | 15. Has been convicted of violating Section 21-2 of the | ||||||
20 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
21 | vehicles in which case, the suspension
shall be for one | ||||||
22 | year;
| ||||||
23 | 16. Has been convicted of violating Section 11-204 of | ||||||
24 | this Code relating
to fleeing from a peace officer;
| ||||||
25 | 17. Has refused to submit to a test, or tests, as | ||||||
26 | required under Section
11-501.1 of this Code and the person |
| |||||||
| |||||||
1 | has not sought a hearing as
provided for in Section | ||||||
2 | 11-501.1;
| ||||||
3 | 18. Has, since issuance of a driver's license or | ||||||
4 | permit, been adjudged
to be afflicted with or suffering | ||||||
5 | from any mental disability or disease;
| ||||||
6 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
7 | of Section 6-101
relating to driving without a driver's | ||||||
8 | license;
| ||||||
9 | 20. Has been convicted of violating Section 6-104 | ||||||
10 | relating to
classification of driver's license;
| ||||||
11 | 21. Has been convicted of violating Section 11-402 of
| ||||||
12 | this Code relating to leaving the scene of an accident | ||||||
13 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
14 | which case the suspension shall be
for one year;
| ||||||
15 | 22. Has used a motor vehicle in violating paragraph | ||||||
16 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
17 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
18 | weapons, in which case the suspension shall be for one
| ||||||
19 | year;
| ||||||
20 | 23. Has, as a driver, been convicted of committing a | ||||||
21 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
22 | for a second or subsequent
time within one year of a | ||||||
23 | similar violation;
| ||||||
24 | 24. Has been convicted by a court-martial or punished | ||||||
25 | by non-judicial
punishment by military authorities of the | ||||||
26 | United States at a military
installation in Illinois of or |
| |||||||
| |||||||
1 | for a traffic related offense that is the
same as or | ||||||
2 | similar to an offense specified under Section 6-205 or | ||||||
3 | 6-206 of
this Code;
| ||||||
4 | 25. Has permitted any form of identification to be used | ||||||
5 | by another in
the application process in order to obtain or | ||||||
6 | attempt to obtain a license,
identification card, or | ||||||
7 | permit;
| ||||||
8 | 26. Has altered or attempted to alter a license or has | ||||||
9 | possessed an
altered license, identification card, or | ||||||
10 | permit;
| ||||||
11 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
12 | of 1934;
| ||||||
13 | 28. Has been convicted of the illegal possession, while | ||||||
14 | operating or
in actual physical control, as a driver, of a | ||||||
15 | motor vehicle, of any
controlled substance prohibited | ||||||
16 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
17 | prohibited under the Cannabis Control
Act, or any | ||||||
18 | methamphetamine prohibited under the Methamphetamine | ||||||
19 | Control and Community Protection Act, in which case the | ||||||
20 | person's driving privileges shall be suspended for
one | ||||||
21 | year, and any driver who is convicted of a second or | ||||||
22 | subsequent
offense, within 5 years of a previous | ||||||
23 | conviction, for the illegal
possession, while operating or | ||||||
24 | in actual physical control, as a driver, of
a motor | ||||||
25 | vehicle, of any controlled substance prohibited under the | ||||||
26 | Illinois Controlled Substances Act, any cannabis
|
| |||||||
| |||||||
1 | prohibited under the Cannabis Control Act, or any | ||||||
2 | methamphetamine prohibited under the Methamphetamine | ||||||
3 | Control and Community Protection Act shall be suspended for | ||||||
4 | 5 years.
Any defendant found guilty of this offense while | ||||||
5 | operating a motor vehicle,
shall have an entry made in the | ||||||
6 | court record by the presiding judge that
this offense did | ||||||
7 | occur while the defendant was operating a motor vehicle
and | ||||||
8 | order the clerk of the court to report the violation to the | ||||||
9 | Secretary
of State;
| ||||||
10 | 29. Has been convicted of the following offenses that | ||||||
11 | were committed
while the person was operating or in actual | ||||||
12 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
13 | sexual assault,
predatory criminal sexual assault of a | ||||||
14 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
15 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
16 | soliciting for a juvenile prostitute and the manufacture, | ||||||
17 | sale or
delivery of controlled substances or instruments | ||||||
18 | used for illegal drug use
or abuse in which case the | ||||||
19 | driver's driving privileges shall be suspended
for one | ||||||
20 | year;
| ||||||
21 | 30. Has been convicted a second or subsequent time for | ||||||
22 | any
combination of the offenses named in paragraph 29 of | ||||||
23 | this subsection,
in which case the person's driving | ||||||
24 | privileges shall be suspended for 5
years;
| ||||||
25 | 31. Has refused to submit to a test as
required by | ||||||
26 | Section 11-501.6 or has submitted to a test resulting in
an |
| |||||||
| |||||||
1 | alcohol concentration of 0.08 or more or any amount of a | ||||||
2 | drug, substance, or
compound resulting from the unlawful | ||||||
3 | use or consumption of cannabis as listed
in the Cannabis | ||||||
4 | Control Act, a controlled substance as listed in the | ||||||
5 | Illinois
Controlled Substances Act, an intoxicating | ||||||
6 | compound as listed in the Use of
Intoxicating Compounds | ||||||
7 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
8 | Control and Community Protection Act, in which case the | ||||||
9 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
10 | 32. Has been convicted of Section 24-1.2 of the | ||||||
11 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
12 | of a firearm if the offender was
located in a motor vehicle | ||||||
13 | at the time the firearm was discharged, in which
case the | ||||||
14 | suspension shall be for 3 years;
| ||||||
15 | 33. Has as a driver, who was less than 21 years of age | ||||||
16 | on the date of
the offense, been convicted a first time of | ||||||
17 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
18 | or a similar provision of a local ordinance;
| ||||||
19 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
20 | this Code;
| ||||||
21 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
22 | this Code;
| ||||||
23 | 36. Is under the age of 21 years at the time of arrest | ||||||
24 | and has been
convicted of not less than 2 offenses against | ||||||
25 | traffic regulations governing
the movement of vehicles | ||||||
26 | committed within any 24 month period. No revocation
or |
| |||||||
| |||||||
1 | suspension shall be entered more than 6 months after the | ||||||
2 | date of last
conviction;
| ||||||
3 | 37. Has committed a violation of subsection (c) of | ||||||
4 | Section 11-907 of this
Code that resulted in damage to the | ||||||
5 | property of another or the death or injury of another;
| ||||||
6 | 38. Has been convicted of a violation of Section 6-20 | ||||||
7 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
8 | a local ordinance;
| ||||||
9 | 39. Has committed a second or subsequent violation of | ||||||
10 | Section
11-1201 of this Code;
| ||||||
11 | 40. Has committed a violation of subsection (a-1) of | ||||||
12 | Section 11-908 of
this Code; | ||||||
13 | 41. Has committed a second or subsequent violation of | ||||||
14 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
15 | the previous violation, in which case the suspension shall | ||||||
16 | be for 90 days; | ||||||
17 | 42. Has committed a violation of subsection (a-1) of | ||||||
18 | Section 11-1301.3 of this Code;
| ||||||
19 | 43. Has received a disposition of court supervision for | ||||||
20 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
21 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
22 | a local ordinance, in which case the suspension shall be | ||||||
23 | for a period of 3 months;
| ||||||
24 | 44.
Is under the age of 21 years at the time of arrest | ||||||
25 | and has been convicted of an offense against traffic | ||||||
26 | regulations governing the movement of vehicles after |
| |||||||
| |||||||
1 | having previously had his or her driving privileges
| ||||||
2 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
3 | Section; or | ||||||
4 | 45.
Has, in connection with or during the course of a | ||||||
5 | formal hearing conducted under Section 2-118 of this Code: | ||||||
6 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
7 | falsified documents; (iii) submitted documents that have | ||||||
8 | been materially altered; or (iv) submitted, as his or her | ||||||
9 | own, documents that were in fact prepared or composed for | ||||||
10 | another person.
| ||||||
11 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
12 | and 27 of this
subsection, license means any driver's license, | ||||||
13 | any traffic ticket issued when
the person's driver's license is | ||||||
14 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
15 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
16 | a probationary driver's license or a temporary driver's | ||||||
17 | license.
| ||||||
18 | (b) If any conviction forming the basis of a suspension or
| ||||||
19 | revocation authorized under this Section is appealed, the
| ||||||
20 | Secretary of State may rescind or withhold the entry of the | ||||||
21 | order of suspension
or revocation, as the case may be, provided | ||||||
22 | that a certified copy of a stay
order of a court is filed with | ||||||
23 | the Secretary of State. If the conviction is
affirmed on | ||||||
24 | appeal, the date of the conviction shall relate back to the | ||||||
25 | time
the original judgment of conviction was entered and the 6 | ||||||
26 | month limitation
prescribed shall not apply.
|
| |||||||
| |||||||
1 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
2 | permit of
any person as authorized in this Section, the | ||||||
3 | Secretary of State shall
immediately notify the person in | ||||||
4 | writing of the revocation or suspension.
The notice to be | ||||||
5 | deposited in the United States mail, postage prepaid,
to the | ||||||
6 | last known address of the person.
| ||||||
7 | 2. If the Secretary of State suspends the driver's | ||||||
8 | license
of a person under subsection 2 of paragraph (a) of | ||||||
9 | this Section, a
person's privilege to drive operate a | ||||||
10 | vehicle as an occupation shall not be
suspended, provided | ||||||
11 | an affidavit is properly completed, the appropriate fee
| ||||||
12 | received, and a permit issued prior to the effective date | ||||||
13 | of the
suspension, unless 5 offenses were committed, at | ||||||
14 | least 2 of which occurred
while driving operating a | ||||||
15 | commercial vehicle in connection with the driver's
regular | ||||||
16 | occupation. All other driving privileges shall be | ||||||
17 | suspended by the
Secretary of State. Any driver prior to | ||||||
18 | driving operating a vehicle for
occupational purposes only | ||||||
19 | must submit the affidavit on forms to be
provided by the | ||||||
20 | Secretary of State setting forth the facts of the person's
| ||||||
21 | occupation. The affidavit shall also state the number of | ||||||
22 | offenses
committed while driving operating a vehicle in | ||||||
23 | connection with the driver's regular
occupation. The | ||||||
24 | affidavit shall be accompanied by the driver's license.
| ||||||
25 | Upon receipt of a properly completed affidavit, the | ||||||
26 | Secretary of State
shall issue the driver a permit to drive |
| |||||||
| |||||||
1 | operate a vehicle in connection with the
driver's regular | ||||||
2 | occupation only. Unless the permit is issued by the
| ||||||
3 | Secretary of State prior to the date of suspension, the | ||||||
4 | privilege to drive
any motor vehicle shall be suspended as | ||||||
5 | set forth in the notice that was
mailed under this Section. | ||||||
6 | If an affidavit is received subsequent to the
effective | ||||||
7 | date of this suspension, a permit may be issued for the | ||||||
8 | remainder
of the suspension period.
| ||||||
9 | The provisions of this subparagraph shall not apply to | ||||||
10 | any driver
required to possess a CDL for the purpose of | ||||||
11 | driving operating a commercial motor vehicle.
| ||||||
12 | Any person who falsely states any fact in the affidavit | ||||||
13 | required
herein shall be guilty of perjury under Section | ||||||
14 | 6-302 and upon conviction
thereof shall have all driving | ||||||
15 | privileges revoked without further rights.
| ||||||
16 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
17 | of this Code,
the Secretary of State shall either rescind | ||||||
18 | or continue an order of
revocation or shall substitute an | ||||||
19 | order of suspension; or, good
cause appearing therefor, | ||||||
20 | rescind, continue, change, or extend the
order of | ||||||
21 | suspension. If the Secretary of State does not rescind the | ||||||
22 | order,
the Secretary may upon application,
to relieve undue | ||||||
23 | hardship (as defined by the rules of the Secretary of | ||||||
24 | State), issue
a restricted driving permit granting the | ||||||
25 | privilege of driving a motor
vehicle between the | ||||||
26 | petitioner's residence and petitioner's place of
|
| |||||||
| |||||||
1 | employment or within the scope of the petitioner's | ||||||
2 | employment related duties, or to
allow the petitioner to | ||||||
3 | transport himself or herself, or a family member of the
| ||||||
4 | petitioner's household to a medical facility, to receive | ||||||
5 | necessary medical care, to allow the petitioner to | ||||||
6 | transport himself or herself to and from alcohol or drug
| ||||||
7 | remedial or rehabilitative activity recommended by a | ||||||
8 | licensed service provider, or to allow the petitioner to | ||||||
9 | transport himself or herself or a family member of the | ||||||
10 | petitioner's household to classes, as a student, at an | ||||||
11 | accredited educational institution, or to allow the | ||||||
12 | petitioner to transport children living in the | ||||||
13 | petitioner's household to and from daycare. The
petitioner | ||||||
14 | must demonstrate that no alternative means of
| ||||||
15 | transportation is reasonably available and that the | ||||||
16 | petitioner will not endanger
the public safety or welfare. | ||||||
17 | Those multiple offenders identified in subdivision (b)4 of | ||||||
18 | Section 6-208 of this Code, however, shall not be eligible | ||||||
19 | for the issuance of a restricted driving permit.
| ||||||
20 |
(A) If a person's license or permit is revoked or | ||||||
21 | suspended due to 2
or more convictions of violating | ||||||
22 | Section 11-501 of this Code or a similar
provision of a | ||||||
23 | local ordinance or a similar out-of-state offense, or | ||||||
24 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
25 | of alcohol or other drugs is recited as an element of | ||||||
26 | the offense, or a similar out-of-state offense, or a |
| |||||||
| |||||||
1 | combination of these offenses, arising out
of separate | ||||||
2 | occurrences, that person, if issued a restricted | ||||||
3 | driving permit,
may not drive operate a motor vehicle | ||||||
4 | unless it has been equipped with an ignition
interlock | ||||||
5 | device as defined in Section 1-129.1.
| ||||||
6 | (B) If a person's license or permit is revoked or | ||||||
7 | suspended 2 or more
times within a 10 year period due | ||||||
8 | to any combination of: | ||||||
9 | (i) a single conviction of violating Section
| ||||||
10 | 11-501 of this Code or a similar provision of a | ||||||
11 | local ordinance or a similar
out-of-state offense | ||||||
12 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
13 | the use of alcohol or other drugs is recited as an | ||||||
14 | element of the offense, or a similar out-of-state | ||||||
15 | offense; or | ||||||
16 | (ii) a statutory summary suspension under | ||||||
17 | Section
11-501.1; or | ||||||
18 | (iii) a suspension under Section 6-203.1; | ||||||
19 | arising out of
separate occurrences; that person, if | ||||||
20 | issued a restricted driving permit, may
not drive | ||||||
21 | operate a motor vehicle unless it has been
equipped | ||||||
22 | with an ignition interlock device as defined in Section | ||||||
23 | 1-129.1. | ||||||
24 | (C)
The person issued a permit conditioned upon the | ||||||
25 | use of an ignition interlock device must pay to the | ||||||
26 | Secretary of State DUI Administration Fund an amount
|
| |||||||
| |||||||
1 | not to exceed $30 per month. The Secretary shall | ||||||
2 | establish by rule the amount
and the procedures, terms, | ||||||
3 | and conditions relating to these fees. | ||||||
4 | (D) If the
restricted driving permit is issued for | ||||||
5 | employment purposes, then the prohibition against | ||||||
6 | driving operating a motor vehicle that is not equipped | ||||||
7 | with an ignition interlock device does not apply to the | ||||||
8 | driving operation of an occupational vehicle owned or
| ||||||
9 | leased by that person's employer when used solely for | ||||||
10 | employment purposes. | ||||||
11 | (E) In each case the Secretary may issue a
| ||||||
12 | restricted driving permit for a period deemed | ||||||
13 | appropriate, except that all
permits shall expire | ||||||
14 | within one year from the date of issuance. The | ||||||
15 | Secretary
may not, however, issue a restricted driving | ||||||
16 | permit to any person whose current
revocation is the | ||||||
17 | result of a second or subsequent conviction for a | ||||||
18 | violation
of Section 11-501 of this Code or a similar | ||||||
19 | provision of a local ordinance
or any similar | ||||||
20 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
21 | Code of 1961, where the use of alcohol or other drugs | ||||||
22 | is recited as an element of the offense, or any similar | ||||||
23 | out-of-state offense, or any combination
of those | ||||||
24 | offenses, if the offense involved the use of a motor | ||||||
25 | vehicle, until the expiration of at least one year from | ||||||
26 | the date of
the revocation. A
restricted driving permit |
| |||||||
| |||||||
1 | issued under this Section shall be subject to
| ||||||
2 | cancellation, revocation, and suspension by the | ||||||
3 | Secretary of State in like
manner and for like cause as | ||||||
4 | a driver's license issued under this Code may be
| ||||||
5 | cancelled, revoked, or suspended; except that a | ||||||
6 | conviction upon one or more
offenses against laws or | ||||||
7 | ordinances regulating the movement of traffic
shall be | ||||||
8 | deemed sufficient cause for the revocation, | ||||||
9 | suspension, or
cancellation of a restricted driving | ||||||
10 | permit. The Secretary of State may, as
a condition to | ||||||
11 | the issuance of a restricted driving permit, require | ||||||
12 | the
applicant to participate in a designated driver | ||||||
13 | remedial or rehabilitative
program. The Secretary of | ||||||
14 | State is authorized to cancel a restricted
driving | ||||||
15 | permit if the permit holder does not successfully | ||||||
16 | complete the program.
| ||||||
17 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
18 | subsection (a), reports received by the Secretary of State | ||||||
19 | under this Section shall, except during the actual time the | ||||||
20 | suspension is in effect, be privileged information and for use | ||||||
21 | only by the courts, police officers, prosecuting authorities, | ||||||
22 | the driver licensing administrator of any other state, the | ||||||
23 | Secretary of State, or the parent or legal guardian of a driver | ||||||
24 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
25 | person is a CDL holder, the suspension shall also be made | ||||||
26 | available to the driver licensing administrator of any other |
| |||||||
| |||||||
1 | state, the U.S. Department of Transportation, and the affected | ||||||
2 | driver or motor
carrier or prospective motor carrier upon | ||||||
3 | request.
| ||||||
4 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
5 | subsection (a), the Secretary of State shall notify the person | ||||||
6 | by mail that his or her driving privileges and driver's license | ||||||
7 | will be suspended one month after the date of the mailing of | ||||||
8 | the notice.
| ||||||
9 | (c-5) The Secretary of State may, as a condition of the | ||||||
10 | reissuance of a
driver's license or permit to an applicant | ||||||
11 | whose driver's license or permit has
been suspended before he | ||||||
12 | or she reached the age of 21 years pursuant to any of
the | ||||||
13 | provisions of this Section, require the applicant to | ||||||
14 | participate in a
driver remedial education course and be | ||||||
15 | retested under Section 6-109 of this
Code.
| ||||||
16 | (d) This Section is subject to the provisions of the | ||||||
17 | Drivers License
Compact.
| ||||||
18 | (e) The Secretary of State shall not issue a restricted | ||||||
19 | driving permit to
a person under the age of 16 years whose | ||||||
20 | driving privileges have been suspended
or revoked under any | ||||||
21 | provisions of this Code.
| ||||||
22 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
23 | State may not issue a restricted driving permit to drive for | ||||||
24 | the operation of a commercial motor vehicle to a person holding | ||||||
25 | a CDL whose driving privileges have been suspended, revoked, | ||||||
26 | cancelled, or disqualified under any provisions of this Code. |
| |||||||
| |||||||
1 | (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382, | ||||||
2 | eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848, | ||||||
3 | eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328, | ||||||
4 | eff. 8-11-09; 96-607, eff. 8-24-09.)
| ||||||
5 | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
| ||||||
6 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
7 | drug,
or intoxicating compound related suspension. | ||||||
8 | (a) Unless the statutory summary suspension has been | ||||||
9 | rescinded, any
person whose privileges privilege to (1) drive a | ||||||
10 | motor vehicle on the public highways , (2) operate a snowmobile | ||||||
11 | in this State, or (3) operate a watercraft upon the waters of | ||||||
12 | this State have has
been summarily suspended, pursuant to | ||||||
13 | Section 11-501.1, shall not be
eligible for restoration of the | ||||||
14 | privilege until the expiration of:
| ||||||
15 | 1. Twelve months from the effective date of the | ||||||
16 | statutory summary suspension
for a refusal or failure to | ||||||
17 | complete a test or tests to determine the
alcohol, drug, or | ||||||
18 | intoxicating compound concentration, pursuant
to
Section | ||||||
19 | 11-501.1; or
| ||||||
20 | 2. Six months from the effective date of the statutory | ||||||
21 | summary
suspension imposed following the person's | ||||||
22 | submission to a chemical test
which disclosed an alcohol | ||||||
23 | concentration of 0.08 or more, or any
amount
of a
drug, | ||||||
24 | substance, or intoxicating compound in such person's
| ||||||
25 | breath, blood, or
urine resulting
from the unlawful use or |
| |||||||
| |||||||
1 | consumption of cannabis listed in the Cannabis
Control Act, | ||||||
2 | a controlled substance listed in the Illinois
Controlled
| ||||||
3 | Substances Act, an intoxicating compound listed in the Use | ||||||
4 | of Intoxicating
Compounds Act, or methamphetamine as | ||||||
5 | listed in the Methamphetamine Control and Community | ||||||
6 | Protection Act, pursuant to Section 11-501.1; or
| ||||||
7 | 3. Three years from the effective date of the statutory | ||||||
8 | summary suspension
for any person other than a first | ||||||
9 | offender who refuses or fails to
complete a test or tests | ||||||
10 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
11 | concentration
pursuant to Section 11-501.1; or
| ||||||
12 | 4. One year from the effective date of the summary | ||||||
13 | suspension imposed
for any person other than a first | ||||||
14 | offender following submission to a
chemical test which | ||||||
15 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
16 | to Section 11-501.1 or any amount of a drug, substance or
| ||||||
17 | compound in such person's blood or urine resulting from the | ||||||
18 | unlawful use or
consumption of cannabis listed in the | ||||||
19 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
20 | Illinois Controlled Substances Act, an
intoxicating
| ||||||
21 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
22 | or methamphetamine as listed in the Methamphetamine | ||||||
23 | Control and Community Protection Act.
| ||||||
24 | (b) Following a statutory summary suspension of the | ||||||
25 | privilege to drive a
motor vehicle , operate a snowmobile, and | ||||||
26 | operate a watercraft under Section 11-501.1, driving |
| |||||||
| |||||||
1 | privileges shall be
restored unless the person is otherwise | ||||||
2 | suspended, revoked, or cancelled by this Code. If
the court has | ||||||
3 | reason to believe that the person's
privileges driving | ||||||
4 | privilege should not be restored, the court shall notify
the | ||||||
5 | Secretary of State and Department of Natural Resources prior to | ||||||
6 | the expiration of the statutory summary
suspension so | ||||||
7 | appropriate action may be taken pursuant to this Code.
| ||||||
8 | (c) Driving privileges may not be restored until all | ||||||
9 | applicable
reinstatement fees, as provided by this Code, have | ||||||
10 | been paid to the Secretary
of State and the appropriate entry | ||||||
11 | made to the driver's record.
| ||||||
12 | (d) Where a driving , snowmobile operating, and watercraft | ||||||
13 | operating privileges have privilege has been summarily | ||||||
14 | suspended under Section
11-501.1 and the person is subsequently | ||||||
15 | convicted of violating Section
11-501, or a similar provision | ||||||
16 | of a local ordinance, for the same incident,
any period served | ||||||
17 | on statutory summary suspension shall be credited toward
the | ||||||
18 | minimum period of revocation of driving , snowmobile operating, | ||||||
19 | and watercraft operating privileges imposed pursuant to
| ||||||
20 | Section 6-205 or 6-208.3 of this Code .
| ||||||
21 | (e) Following a statutory summary suspension of driving | ||||||
22 | privileges
pursuant to Section 11-501.1, for a first offender, | ||||||
23 | the circuit court shall, unless the offender has opted in | ||||||
24 | writing not to have a monitoring device driving permit issued, | ||||||
25 | order the Secretary of State to issue a monitoring device | ||||||
26 | driving permit as provided in Section 6-206.1. A monitoring |
| |||||||
| |||||||
1 | device driving permit shall not be effective prior to the 31st | ||||||
2 | day of the statutory summary suspension.
| ||||||
3 | (f) (Blank).
| ||||||
4 | (g) Following a statutory summary suspension of driving | ||||||
5 | privileges
pursuant to Section 11-501.1 where the person was | ||||||
6 | not a first offender, as
defined in Section 11-500, the | ||||||
7 | Secretary of State may not issue a
restricted driving permit.
| ||||||
8 | (h) (Blank).
| ||||||
9 | (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, | ||||||
10 | eff. 8-21-08.)
| ||||||
11 | (625 ILCS 5/6-208.2)
| ||||||
12 | Sec. 6-208.2. Restoration of driving , snowmobile | ||||||
13 | operating, and watercraft operating privileges; persons under | ||||||
14 | age 21.
| ||||||
15 | (a) Unless the suspension based upon consumption of alcohol | ||||||
16 | by a minor or
refusal to submit to testing has been rescinded | ||||||
17 | by the Secretary of State in
accordance with subsection (e-6) | ||||||
18 | or (e-8) of Section 11-501.8 item (c)(3) of Section 6-206 of | ||||||
19 | this Code, a person whose
privileges privilege to
(i) drive a | ||||||
20 | motor vehicle on the public highways , (ii) operate a snowmobile | ||||||
21 | in this State, and (iii) operate a watercraft upon the waters | ||||||
22 | of this State have has been suspended under
Section 11-501.8 is | ||||||
23 | not eligible for restoration of the privileges privilege until
| ||||||
24 | the expiration of:
| ||||||
25 | 1. Six months from the effective date of the suspension |
| |||||||
| |||||||
1 | for a refusal or
failure to complete a test or tests to | ||||||
2 | determine the alcohol concentration
under Section | ||||||
3 | 11-501.8;
| ||||||
4 | 2. Three months from the effective date of the | ||||||
5 | suspension imposed
following the person's submission to a | ||||||
6 | chemical test which disclosed an alcohol
concentration | ||||||
7 | greater than 0.00 under Section 11-501.8;
| ||||||
8 | 3. Two years from the effective date of the suspension | ||||||
9 | for a person who
has been previously suspended under | ||||||
10 | Section 11-501.8 and who refuses or fails
to complete a | ||||||
11 | test or tests to determine the alcohol concentration under
| ||||||
12 | Section 11-501.8; or
| ||||||
13 | 4. One year from the effective date of the suspension | ||||||
14 | imposed for a
person who has been previously suspended | ||||||
15 | under Section 11-501.8 following
submission to a chemical | ||||||
16 | test that disclosed an alcohol concentration greater
than | ||||||
17 | 0.00 under Section 11-501.8.
| ||||||
18 | (b) Following a suspension of privileges the privilege to | ||||||
19 | drive a motor vehicle , operate a snowmobile, and operate a | ||||||
20 | watercraft under
Section 11-501.8, full driving privileges | ||||||
21 | shall be restored unless the person
is otherwise suspended, | ||||||
22 | revoked, or cancelled disqualified by law this Code .
| ||||||
23 | (c) Full driving privileges may not be restored until all | ||||||
24 | applicable
reinstatement fees, as provided by this Code, have | ||||||
25 | been paid to the Secretary
of State and the appropriate entry | ||||||
26 | made to the driver's
record.
The Secretary of State may also, |
| |||||||
| |||||||
1 | as a condition of the reissuance of a
driver's license or | ||||||
2 | permit to an individual under the age of 18 years whose
driving | ||||||
3 | privileges have been suspended pursuant to Section 11-501.8, | ||||||
4 | require
the applicant to participate in a driver remedial | ||||||
5 | education course and be
retested under Section 6-109.
| ||||||
6 | (d) Where a driving , snowmobile operating, and watercraft | ||||||
7 | operating privileges have privilege has been suspended under | ||||||
8 | Section 11-501.8 and
the person is subsequently convicted of | ||||||
9 | violating Section 11-501, or a
similar provision of a local | ||||||
10 | ordinance, for the same incident, any period
served on that | ||||||
11 | suspension shall be credited toward the minimum period of
| ||||||
12 | revocation of driving , snowmobile operating, and watercraft | ||||||
13 | operating privileges imposed under Section 6-205 or 6-208.3 of | ||||||
14 | this Code .
| ||||||
15 | (e) Following a suspension of driving privileges under | ||||||
16 | Section
11-501.8 for a person who has not had his or her | ||||||
17 | driving privileges previously
suspended under that Section, | ||||||
18 | the Secretary of State may
issue a restricted driving permit
| ||||||
19 | after at least 30 days from the effective date of the | ||||||
20 | suspension.
| ||||||
21 | (f) Following a second or subsequent suspension of driving | ||||||
22 | privileges
under Section 11-501.8, the Secretary of State may | ||||||
23 | issue a restricted driving
permit
after at least 12 months from | ||||||
24 | the effective date of the suspension.
| ||||||
25 | (g) (Blank).
| ||||||
26 | (h) Any restricted driving permit considered under this |
| |||||||
| |||||||
1 | Section is
subject to the provisions of subsections (e-6) and | ||||||
2 | (e-8) item (e) of Section 11-501.8.
| ||||||
3 | (Source: P.A. 92-248, eff. 8-3-01.)
| ||||||
4 | (625 ILCS 5/6-208.3 new)
| ||||||
5 | Sec. 6-208.3. Special Provisions related to the operation | ||||||
6 | of snowmobiles and watercraft. | ||||||
7 | (a) In addition to any criminal penalties imposed under | ||||||
8 | this Chapter, the Department of Natural Resources shall revoke | ||||||
9 | the snowmobile and watercraft privileges of a person convicted | ||||||
10 | of Section 11-501, a similar provision of a local ordinance, or | ||||||
11 | a similar out of state offense, as provided in the following | ||||||
12 | paragraphs: | ||||||
13 | (1) For a period of one year upon a first conviction; | ||||||
14 | (2) For a period of five years upon a second conviction | ||||||
15 | within 20 years; | ||||||
16 | (3) For a period of ten years upon a third conviction; | ||||||
17 | and | ||||||
18 | (4) For life upon a fourth or subsequent conviction. | ||||||
19 | (b) The 20-year period in paragraph (2) of subsection (a) | ||||||
20 | of this Section shall be computed by using the dates the | ||||||
21 | offenses were committed. | ||||||
22 | (c) The Department of Natural Resources shall promulgate | ||||||
23 | administrative rules regarding the standards and procedures | ||||||
24 | that will govern the reinstatement of watercraft and snowmobile | ||||||
25 | privileges.
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||||||
2 | Sec. 6-303. Driving while driver's license, permit or | ||||||
3 | privilege to drive
operate a motor vehicle is suspended or | ||||||
4 | revoked.
| ||||||
5 | (a) Except as otherwise provided in subsection (a-5), any | ||||||
6 | person who drives or is in actual physical control of a motor
| ||||||
7 | vehicle on any highway of this State at a time when such | ||||||
8 | person's driver's
license, permit or privilege to do so or the | ||||||
9 | privilege to obtain a driver's
license or permit is revoked or | ||||||
10 | suspended as provided by this Code or the law
of another state, | ||||||
11 | except as may be specifically allowed by a judicial driving
| ||||||
12 | permit issued prior to January 1, 2009, monitoring device | ||||||
13 | driving permit, family financial responsibility driving | ||||||
14 | permit, probationary
license to drive, or a restricted driving | ||||||
15 | permit issued pursuant to this Code
or under the law of another | ||||||
16 | state, shall be guilty of a Class A misdemeanor.
| ||||||
17 | (a-5) Any person who violates this Section as provided in | ||||||
18 | subsection (a) while his or her driver's license, permit or | ||||||
19 | privilege is revoked because of a violation of Section 9-3 of | ||||||
20 | the Criminal Code of 1961, relating to the offense of reckless | ||||||
21 | homicide or a similar provision of a law of another state, is | ||||||
22 | guilty of a Class 4 felony. The person shall be required to | ||||||
23 | undergo a professional evaluation, as provided in Section | ||||||
24 | 11-501 of this Code, to determine if an alcohol, drug, or | ||||||
25 | intoxicating compound problem exists and the extent of the |
| |||||||
| |||||||
1 | problem, and to undergo the imposition of treatment as | ||||||
2 | appropriate.
| ||||||
3 | (b) (Blank). | ||||||
4 | (b-1) Upon receiving a report of the conviction of any | ||||||
5 | violation indicating a person was operating a motor vehicle | ||||||
6 | during the time when the person's driver's license, permit or | ||||||
7 | privilege was suspended by the Secretary of State or the | ||||||
8 | driver's licensing administrator of another state, except as | ||||||
9 | specifically allowed by a probationary license, judicial | ||||||
10 | driving permit, restricted driving permit or monitoring device | ||||||
11 | driving permit the Secretary shall extend the suspension for | ||||||
12 | the same period of time as the originally imposed suspension | ||||||
13 | unless the suspension has already expired, in which case the | ||||||
14 | Secretary shall be authorized to suspend the person's driving | ||||||
15 | privileges for the same period of time as the originally | ||||||
16 | imposed suspension. | ||||||
17 | (b-2) Except as provided in subsection (b-6), upon | ||||||
18 | receiving a report of the conviction of any violation | ||||||
19 | indicating a person was operating a motor vehicle when the | ||||||
20 | person's driver's license, permit or privilege was revoked by | ||||||
21 | the Secretary of State or the driver's license administrator of | ||||||
22 | any other state, except as specifically allowed by a restricted | ||||||
23 | driving permit issued pursuant to this Code or the law of | ||||||
24 | another state, the Secretary shall not issue a driver's license | ||||||
25 | for an additional period of one year from the date of such | ||||||
26 | conviction indicating such person was operating a vehicle |
| |||||||
| |||||||
1 | during such period of revocation. | ||||||
2 | (b-3) (Blank).
| ||||||
3 | (b-4) When the Secretary of State receives a report of a | ||||||
4 | conviction of any violation indicating a person was driving | ||||||
5 | operating a motor vehicle that was not equipped with an | ||||||
6 | ignition interlock device during a time when the person was | ||||||
7 | prohibited from operating a motor vehicle not equipped with | ||||||
8 | such a device, the Secretary shall not issue a driver's license | ||||||
9 | to that person for an additional period of one year from the | ||||||
10 | date of the conviction.
| ||||||
11 | (b-5) Any person convicted of violating this Section shall | ||||||
12 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
13 | 300
hours of community service
when the person's driving | ||||||
14 | privilege was revoked or suspended as a result of a violation | ||||||
15 | of Section 9-3 of the Criminal Code of 1961, as amended,
| ||||||
16 | relating to the offense of reckless homicide, or a similar | ||||||
17 | provision of a law of another state.
| ||||||
18 | (b-6) Upon receiving a report of a first conviction of | ||||||
19 | operating a motor vehicle while the person's driver's license, | ||||||
20 | permit or privilege was revoked where the revocation was for a | ||||||
21 | violation of Section 9-3 of the Criminal Code of 1961 relating | ||||||
22 | to the offense of reckless homicide or a similar out-of-state | ||||||
23 | offense, the Secretary shall not issue a driver's license for | ||||||
24 | an additional period of three years from the date of such | ||||||
25 | conviction. | ||||||
26 | (c) Except as provided in subsections (c-3) and (c-4), any |
| |||||||
| |||||||
1 | person convicted of violating this Section shall serve a | ||||||
2 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
3 | of community service
when the person's driving privilege was | ||||||
4 | revoked or suspended as a result of:
| ||||||
5 | (1) a violation of Section 11-501 of this Code or a | ||||||
6 | similar provision
of a local ordinance relating to the | ||||||
7 | offense of driving operating or being in actual physical
| ||||||
8 | control of a motor vehicle , snowmobile, or watercraft while | ||||||
9 | under the influence of alcohol, any other drug
or any | ||||||
10 | combination thereof; or
| ||||||
11 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
12 | this Code or a
similar provision of a local ordinance | ||||||
13 | relating to the offense of leaving the
scene of a motor | ||||||
14 | vehicle accident involving personal injury or death; or
| ||||||
15 | (3)
a statutory summary suspension under Section | ||||||
16 | 11-501.1 of this
Code.
| ||||||
17 | Such sentence of imprisonment or community service shall | ||||||
18 | not be subject
to suspension in order to reduce such sentence.
| ||||||
19 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
20 | person convicted of a
second violation of this Section shall be | ||||||
21 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
22 | community service.
| ||||||
23 | (c-2) In addition to other penalties imposed under this | ||||||
24 | Section, the
court may impose on any person convicted a fourth | ||||||
25 | time of violating this
Section any of
the following:
| ||||||
26 | (1) Seizure of the license plates of the person's |
| |||||||
| |||||||
1 | vehicle.
| ||||||
2 | (2) Immobilization of the person's vehicle for a period | ||||||
3 | of time
to be determined by the court.
| ||||||
4 | (c-3) Any person convicted of a violation of this Section | ||||||
5 | during a period of summary suspension imposed pursuant to | ||||||
6 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
7 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
8 | imprisonment of 30 days. | ||||||
9 | (c-4) Any person who has been issued a MDDP and who is | ||||||
10 | convicted of a violation of this Section as a result of driving | ||||||
11 | operating or being in actual physical control of a motor | ||||||
12 | vehicle not equipped with an ignition interlock device at the | ||||||
13 | time of the offense shall be guilty of a Class 4 felony and | ||||||
14 | shall serve a minimum term of imprisonment of 30 days.
| ||||||
15 | (c-5) Any person convicted of a second violation of this
| ||||||
16 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
17 | probation or conditional discharge, and shall serve a mandatory | ||||||
18 | term of
imprisonment, if the
revocation or
suspension was for a | ||||||
19 | violation of Section 9-3 of the Criminal Code of 1961, relating
| ||||||
20 | to the offense of reckless homicide, or a similar out-of-state | ||||||
21 | offense.
| ||||||
22 | (d) Any person convicted of a second violation of this
| ||||||
23 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
24 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
25 | community service, as determined by the
court, if the original
| ||||||
26 | revocation or
suspension was for a violation of Section 11-401 |
| |||||||
| |||||||
1 | or 11-501 of this Code,
or a similar out-of-state offense, or a | ||||||
2 | similar provision of a local
ordinance, or a
statutory summary | ||||||
3 | suspension under Section 11-501.1 of this Code.
| ||||||
4 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
5 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
6 | of this Section shall serve a minimum term of
imprisonment of | ||||||
7 | 30 days or 300 hours of community service, as determined by the
| ||||||
8 | court.
| ||||||
9 | (d-2) Any person convicted of a third violation of this
| ||||||
10 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
11 | term of
imprisonment of 30 days if the revocation or
suspension | ||||||
12 | was for a violation of Section 11-401 or 11-501 of this Code,
| ||||||
13 | or a similar out-of-state offense, or a similar provision of a | ||||||
14 | local
ordinance, or a
statutory summary suspension under | ||||||
15 | Section 11-501.1 of this Code.
| ||||||
16 | (d-2.5) Any person convicted of a third violation of this
| ||||||
17 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
18 | probation or conditional discharge, and must serve a mandatory | ||||||
19 | term of
imprisonment if the revocation or
suspension was for a | ||||||
20 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
21 | to the offense of reckless homicide, or a similar out-of-state | ||||||
22 | offense.
The person's driving privileges shall be revoked for | ||||||
23 | the remainder of the person's life. | ||||||
24 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
25 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
26 | of a Class 4 felony and must serve a minimum term of
|
| |||||||
| |||||||
1 | imprisonment of 180 days if the revocation or suspension was | ||||||
2 | for a
violation of Section 11-401 or 11-501 of this Code, or a | ||||||
3 | similar out-of-state
offense, or a similar provision of a local | ||||||
4 | ordinance, or a statutory
summary suspension under Section | ||||||
5 | 11-501.1 of this Code.
| ||||||
6 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
7 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
8 | eligible for probation or conditional discharge, and must serve | ||||||
9 | a mandatory term of
imprisonment, and is eligible for an | ||||||
10 | extended term, if the revocation or suspension was for a
| ||||||
11 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
12 | to the offense of reckless homicide, or a similar out-of-state | ||||||
13 | offense.
| ||||||
14 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
15 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
16 | of a Class 3 felony, and is not eligible for probation or | ||||||
17 | conditional discharge, if the revocation or suspension was for | ||||||
18 | a violation of Section 11-401 or 11-501 of this Code, or a | ||||||
19 | similar out-of-state offense, or a similar provision of a local | ||||||
20 | ordinance, or a statutory summary suspension under Section | ||||||
21 | 11-501.1 of this Code. | ||||||
22 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
23 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
24 | not eligible for probation or conditional discharge, if the | ||||||
25 | revocation or suspension was for a violation of Section 11-401 | ||||||
26 | or 11-501 of this Code, or a similar out-of-state offense, or a |
| |||||||
| |||||||
1 | similar provision of a local ordinance, or a statutory summary | ||||||
2 | suspension under Section 11-501.1 of this Code.
| ||||||
3 | (e) Any person in violation of this Section who is also in | ||||||
4 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
5 | insurance requirements, in
addition to other penalties imposed | ||||||
6 | under this Section, shall have his or her
motor vehicle | ||||||
7 | immediately impounded by the arresting law enforcement | ||||||
8 | officer.
The motor vehicle may be released to any licensed | ||||||
9 | driver upon a showing of
proof of insurance for the vehicle | ||||||
10 | that was impounded and the notarized written
consent for the | ||||||
11 | release by the vehicle owner.
| ||||||
12 | (f) For any prosecution under this Section, a certified | ||||||
13 | copy of the
driving abstract of the defendant shall be admitted | ||||||
14 | as proof of any prior
conviction.
| ||||||
15 | (g) The motor vehicle used in a violation of this Section | ||||||
16 | is subject
to seizure and forfeiture as provided in Sections | ||||||
17 | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||||||
18 | driving privilege was revoked
or suspended as a result of a | ||||||
19 | violation listed in paragraph (1) or (2) of subsection (c) of | ||||||
20 | this Section, as a result of a summary
suspension as provided | ||||||
21 | in paragraph (3) of subsection (c) of this
Section, or as a | ||||||
22 | result of a violation of Section 9-3 of the Criminal Code of | ||||||
23 | 1961 relating to the offense of reckless homicide.
| ||||||
24 | (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, | ||||||
25 | eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, | ||||||
26 | eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; revised |
| |||||||
| |||||||
1 | 9-15-09.)
| ||||||
2 | (625 ILCS 5/6-304.1) (from Ch. 95 1/2, par. 6-304.1)
| ||||||
3 | Sec. 6-304.1. Permitting a person under the influence to | ||||||
4 | drive or operate a motor
vehicle, snowmobile, or watercraft. | ||||||
5 | (a) Permitting a driver under the influence to operate a | ||||||
6 | motor
vehicle. No person shall knowingly cause, authorize, or | ||||||
7 | permit a motor vehicle
owned by, or under the control of, such | ||||||
8 | person to be driven or operated upon
a highway by anyone who is | ||||||
9 | under the influence of alcohol, any amount of a drug, | ||||||
10 | substance, or compound resulting from the unlawful use or | ||||||
11 | consumption of cannabis as covered by the Cannabis Control Act, | ||||||
12 | a controlled substance listed in the Illinois Controlled | ||||||
13 | Substances Act, an intoxicating compound listed in the Use of | ||||||
14 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
15 | Methamphetamine Control and Community Protection Act, or any | ||||||
16 | other drugs, or
combination thereof. This provision shall not | ||||||
17 | apply to a spouse of the
person who owns or has control of, or a | ||||||
18 | co-owner of, a motor vehicle or to
a bailee for hire.
| ||||||
19 | (b) No person shall knowingly cause, authorize or permit a | ||||||
20 | snowmobile or watercraft owned by, or under the control of, | ||||||
21 | such person to be driven or operated within this State by | ||||||
22 | anyone who is under the influence of alcohol, any amount of a | ||||||
23 | drug, substance, or compound resulting from the unlawful use or | ||||||
24 | consumption of cannabis as covered by the Cannabis Control Act, | ||||||
25 | a controlled substance listed in the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, an intoxicating compound listed in the Use of | ||||||
2 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
3 | Methamphetamine Control and Community Protection Act, or any | ||||||
4 | combination thereof. This provision shall not apply to a spouse | ||||||
5 | of the person who owns or has control of, or a co-owner of, a | ||||||
6 | snowmobile or watercraft. | ||||||
7 | (c) Any person convicted of violating this Section shall be | ||||||
8 | guilty of a Class
A misdemeanor.
| ||||||
9 | (Source: P.A. 84-1394.)
| ||||||
10 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||||||
11 | Sec. 6-514. Commercial Driver's License (CDL) - | ||||||
12 | Disqualifications.
| ||||||
13 | (a) A person shall be disqualified from driving a | ||||||
14 | commercial motor
vehicle for a period of not less than 12 | ||||||
15 | months for the first violation of:
| ||||||
16 | (1) Refusing to submit to or failure to complete a test | ||||||
17 | or tests to
determine the driver's blood concentration of | ||||||
18 | alcohol, other drug, or both,
while driving a commercial | ||||||
19 | motor vehicle or, if the driver is a CDL holder, while | ||||||
20 | driving a non-CMV; or
| ||||||
21 | (2) Driving Operating a commercial motor vehicle while | ||||||
22 | the alcohol
concentration of the person's blood, breath or | ||||||
23 | urine is at least 0.04, or any
amount of a drug, substance, | ||||||
24 | or compound in the person's blood or urine
resulting from | ||||||
25 | the unlawful use or consumption of cannabis listed in the
|
| |||||||
| |||||||
1 | Cannabis Control Act, a controlled substance listed in the | ||||||
2 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
3 | listed in the Methamphetamine Control and Community | ||||||
4 | Protection Act as indicated by a police officer's sworn | ||||||
5 | report or
other verified evidence; or driving operating a | ||||||
6 | non-commercial motor vehicle while the alcohol | ||||||
7 | concentration of the person's blood, breath, or urine was | ||||||
8 | above the legal limit defined in Section 11-501.1 , | ||||||
9 | 11-501.6, or 11-501.8 or any amount of a drug, substance, | ||||||
10 | or compound in the person's blood or urine resulting from | ||||||
11 | the unlawful use or consumption of cannabis listed in the | ||||||
12 | Cannabis Control Act, a controlled substance listed in the | ||||||
13 | Illinois Controlled Substances Act, or methamphetamine as | ||||||
14 | listed in the Methamphetamine Control and Community | ||||||
15 | Protection Act
as indicated by a police officer's sworn | ||||||
16 | report or other verified evidence while holding a | ||||||
17 | commercial driver's license; or
| ||||||
18 | (3) Conviction for a first violation of:
| ||||||
19 | (i) Driving a commercial motor vehicle or, if the | ||||||
20 | driver is a CDL holder, driving a non-CMV while under | ||||||
21 | the influence of
alcohol, or any other drug, or | ||||||
22 | combination of drugs to a degree which
renders such | ||||||
23 | person incapable of safely driving; or
| ||||||
24 | (ii) Knowingly and wilfully leaving the scene of an | ||||||
25 | accident while driving
operating a commercial motor | ||||||
26 | vehicle or, if the driver is a CDL holder, while |
| |||||||
| |||||||
1 | driving a non-CMV; or
| ||||||
2 | (iii) Driving a commercial motor vehicle or, if the | ||||||
3 | driver is a CDL holder, driving a non-CMV while | ||||||
4 | committing any felony; or | ||||||
5 | (iv) Driving a commercial motor vehicle while the | ||||||
6 | person's driving privileges or driver's license or | ||||||
7 | permit is revoked, suspended, or cancelled or the | ||||||
8 | driver is disqualified from operating a commercial | ||||||
9 | motor vehicle; or | ||||||
10 | (v) Causing a fatality through the negligent | ||||||
11 | operation of a commercial motor vehicle, including but | ||||||
12 | not limited to the crimes of motor vehicle | ||||||
13 | manslaughter, homicide by a motor vehicle, and | ||||||
14 | negligent homicide. | ||||||
15 | As used in this subdivision (a)(3)(v), "motor | ||||||
16 | vehicle manslaughter" means the offense of involuntary | ||||||
17 | manslaughter if committed by means of a vehicle; | ||||||
18 | "homicide by a motor vehicle" means the offense of | ||||||
19 | first degree murder or second degree murder, if either | ||||||
20 | offense is committed by means of a vehicle; and | ||||||
21 | "negligent homicide" means reckless homicide under | ||||||
22 | Section 9-3 of the Criminal Code of 1961 and aggravated | ||||||
23 | driving under the influence of alcohol, other drug or | ||||||
24 | drugs, intoxicating compound or compounds, or any | ||||||
25 | combination thereof under subdivision (d)(1)(F) of | ||||||
26 | Section 11-501 of this Code.
|
| |||||||
| |||||||
1 | If any of the above violations or refusals occurred | ||||||
2 | while
transporting hazardous material(s) required to be | ||||||
3 | placarded, the person
shall be disqualified for a period of | ||||||
4 | not less than 3 years.
| ||||||
5 | (b) A person is disqualified for life for a second | ||||||
6 | conviction of any of
the offenses specified in paragraph (a), | ||||||
7 | or any combination of those
offenses, arising from 2 or more | ||||||
8 | separate incidents.
| ||||||
9 | (c) A person is disqualified from driving a commercial | ||||||
10 | motor vehicle for
life if the person either (i) uses a | ||||||
11 | commercial motor vehicle in the commission of any felony
| ||||||
12 | involving the manufacture, distribution, or dispensing of a | ||||||
13 | controlled
substance, or possession with intent to | ||||||
14 | manufacture, distribute or dispense
a controlled substance or | ||||||
15 | (ii) if the person is a CDL holder, uses a non-CMV in the | ||||||
16 | commission of a felony involving any of those activities.
| ||||||
17 | (d) The Secretary of State may, when the United States | ||||||
18 | Secretary of
Transportation so authorizes, issue regulations | ||||||
19 | in which a disqualification
for life under paragraph (b) may be | ||||||
20 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
21 | driver is subsequently convicted of another disqualifying
| ||||||
22 | offense, as specified in subsection (a) of this Section, he or | ||||||
23 | she shall be
permanently disqualified for life and shall be | ||||||
24 | ineligible to again apply for a
reduction of the lifetime | ||||||
25 | disqualification.
| ||||||
26 | (e) A person is disqualified from driving a commercial |
| |||||||
| |||||||
1 | motor vehicle for
a period of not less than 2 months if | ||||||
2 | convicted of 2 serious traffic
violations, committed in a | ||||||
3 | commercial motor vehicle, arising from separate
incidents, | ||||||
4 | occurring within a 3 year period. However, a person will be
| ||||||
5 | disqualified from driving a commercial motor vehicle for a | ||||||
6 | period of not less
than 4 months if convicted of 3 serious | ||||||
7 | traffic violations, committed in a
commercial motor vehicle, | ||||||
8 | arising from separate incidents, occurring within a 3
year | ||||||
9 | period.
| ||||||
10 | (e-1) A person is disqualified from driving a commercial | ||||||
11 | motor vehicle for a period of not less than 2 months if | ||||||
12 | convicted of 2 serious traffic violations committed in a | ||||||
13 | non-CMV while holding a CDL, arising from separate incidents, | ||||||
14 | occurring within a 3 year period, if the convictions would | ||||||
15 | result in the suspension or revocation of the CDL holder's | ||||||
16 | non-CMV privileges. A person shall be disqualified from driving | ||||||
17 | a commercial motor vehicle for a period of not less than 4 | ||||||
18 | months, however, if he or she is convicted of 3 or more serious | ||||||
19 | traffic violations committed in a non-CMV while holding a CDL, | ||||||
20 | arising from separate incidents, occurring within a 3 year | ||||||
21 | period, if the convictions would result in the suspension or | ||||||
22 | revocation of the CDL holder's non-CMV privileges.
| ||||||
23 | (f) Notwithstanding any other provision of this Code, any | ||||||
24 | driver
disqualified from driving operating a commercial motor | ||||||
25 | vehicle, pursuant to this
UCDLA, shall not be eligible for | ||||||
26 | restoration of commercial driving
privileges during any such |
| |||||||
| |||||||
1 | period of disqualification.
| ||||||
2 | (g) After suspending, revoking, or cancelling a commercial | ||||||
3 | driver's
license, the Secretary of State must update the | ||||||
4 | driver's records to reflect
such action within 10 days. After | ||||||
5 | suspending or revoking the driving privilege
of any person who | ||||||
6 | has been issued a CDL or commercial driver instruction permit
| ||||||
7 | from another jurisdiction, the Secretary shall originate | ||||||
8 | notification to
such issuing jurisdiction within 10 days.
| ||||||
9 | (h) The "disqualifications" referred to in this Section | ||||||
10 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
11 | by the Secretary of
State, unless the prohibited action(s) | ||||||
12 | occurred after March 31, 1992.
| ||||||
13 | (i) A person is disqualified from driving a commercial | ||||||
14 | motor vehicle in
accordance with the following:
| ||||||
15 | (1) For 6 months upon a first conviction of paragraph | ||||||
16 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
17 | of this Code.
| ||||||
18 | (2) For 2 years upon a second conviction of paragraph | ||||||
19 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
20 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
21 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
22 | within a 10-year period if the second conviction is a | ||||||
23 | violation of paragraph (2) of subsection (b) or subsection | ||||||
24 | (b-3).
| ||||||
25 | (3) For 3 years upon a third or subsequent conviction | ||||||
26 | of paragraph (2) of
subsection (b) or subsection (b-3) or |
| |||||||
| |||||||
1 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
2 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
3 | within a 10-year period if the third or subsequent | ||||||
4 | conviction is a violation of paragraph (2) of subsection | ||||||
5 | (b) or subsection (b-3).
| ||||||
6 | (4) For one year upon a first conviction of paragraph | ||||||
7 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
8 | of this Code.
| ||||||
9 | (5) For 3 years upon a second conviction of paragraph | ||||||
10 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
11 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
12 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
13 | within a 10-year period if the second conviction is a | ||||||
14 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
15 | (6) For 5 years upon a third or subsequent conviction | ||||||
16 | of paragraph (3) of
subsection (b) or subsection (b-5) or | ||||||
17 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
18 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
19 | within a 10-year period if the third or subsequent | ||||||
20 | conviction is a violation of paragraph (3) of subsection | ||||||
21 | (b) or (b-5).
| ||||||
22 | (j) Disqualification for railroad-highway grade crossing
| ||||||
23 | violation.
| ||||||
24 | (1) General rule. A driver who is convicted of a | ||||||
25 | violation of a federal,
State, or
local law or regulation | ||||||
26 | pertaining to
one of the following 6 offenses at a |
| |||||||
| |||||||
1 | railroad-highway grade crossing must be
disqualified
from | ||||||
2 | driving operating a commercial motor vehicle for the period | ||||||
3 | of time specified in
paragraph (2) of this subsection (j) | ||||||
4 | if the offense was committed while driving
operating a | ||||||
5 | commercial motor vehicle:
| ||||||
6 | (i) For drivers who are not required to always | ||||||
7 | stop, failing to
slow down and check that the tracks | ||||||
8 | are clear of an approaching train, as
described in | ||||||
9 | subsection (a-5) of Section 11-1201 of this Code;
| ||||||
10 | (ii) For drivers who are not required to always | ||||||
11 | stop, failing to
stop before reaching the crossing, if | ||||||
12 | the tracks are not clear, as described in
subsection | ||||||
13 | (a) of Section 11-1201 of this Code;
| ||||||
14 | (iii) For drivers who are always required to stop, | ||||||
15 | failing to stop
before driving onto the crossing, as | ||||||
16 | described in Section 11-1202 of this Code;
| ||||||
17 | (iv) For all drivers, failing to have sufficient | ||||||
18 | space to drive
completely through the crossing without | ||||||
19 | stopping, as described in subsection
(b) of Section | ||||||
20 | 11-1425 of this Code;
| ||||||
21 | (v) For all drivers, failing to obey a traffic | ||||||
22 | control device or
the directions of an enforcement | ||||||
23 | official at the crossing, as described in
subdivision | ||||||
24 | (a)2 of Section 11-1201 of this Code;
| ||||||
25 | (vi) For all drivers, failing to negotiate a | ||||||
26 | crossing because of
insufficient undercarriage |
| |||||||
| |||||||
1 | clearance, as described in subsection (d-1) of
Section | ||||||
2 | 11-1201 of this Code.
| ||||||
3 | (2) Duration of disqualification for railroad-highway | ||||||
4 | grade
crossing violation.
| ||||||
5 | (i) First violation. A driver must be disqualified | ||||||
6 | from driving operating a
commercial motor vehicle
for | ||||||
7 | not less than 60 days if the driver is convicted of a | ||||||
8 | violation described
in paragraph
(1) of this | ||||||
9 | subsection (j) and, in the three-year period preceding | ||||||
10 | the
conviction, the driver
had no convictions for a | ||||||
11 | violation described in paragraph (1) of this
| ||||||
12 | subsection (j).
| ||||||
13 | (ii) Second violation. A driver must be | ||||||
14 | disqualified from driving operating a
commercial
motor | ||||||
15 | vehicle
for not less
than 120 days if the driver is | ||||||
16 | convicted
of a violation described in paragraph (1) of | ||||||
17 | this subsection (j) and, in the
three-year
period | ||||||
18 | preceding the conviction, the driver had one other | ||||||
19 | conviction for a
violation
described in paragraph (1) | ||||||
20 | of this subsection (j) that was committed in a
separate
| ||||||
21 | incident.
| ||||||
22 | (iii) Third or subsequent violation. A driver must | ||||||
23 | be disqualified from driving
operating a
commercial | ||||||
24 | motor vehicle
for not less than one year if the driver | ||||||
25 | is convicted
of a violation described in paragraph (1) | ||||||
26 | of this subsection (j) and, in the
three-year
period |
| |||||||
| |||||||
1 | preceding the conviction, the driver had 2 or more | ||||||
2 | other convictions for
violations
described in | ||||||
3 | paragraph (1) of this subsection (j) that were | ||||||
4 | committed in
separate incidents.
| ||||||
5 | (k) Upon notification of a disqualification of a driver's | ||||||
6 | commercial motor vehicle privileges imposed by the U.S. | ||||||
7 | Department of Transportation, Federal Motor Carrier Safety | ||||||
8 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
9 | Secretary of State shall immediately record to the driving | ||||||
10 | record the notice of disqualification and confirm to the driver | ||||||
11 | the action that has been taken.
| ||||||
12 | (Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
| ||||||
13 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
14 | Sec. 11-501. Driving or operating while under the influence | ||||||
15 | of alcohol, other drug or drugs, intoxicating compound or | ||||||
16 | compounds or any combination thereof.
| ||||||
17 | (a) A person shall not drive , operate, or be in actual | ||||||
18 | physical control of any vehicle , snowmobile, or watercraft | ||||||
19 | within this State while: | ||||||
20 | (1) the alcohol concentration in the person's blood or | ||||||
21 | breath is 0.08 or more based on the definition of blood and | ||||||
22 | breath units in Section 11-501.2; | ||||||
23 | (2) under the influence of alcohol; | ||||||
24 | (3) under the influence of any intoxicating compound or | ||||||
25 | combination of intoxicating compounds to a degree that |
| |||||||
| |||||||
1 | renders the person incapable of driving a vehicle, | ||||||
2 | operating a snowmobile, or operating a watercraft safely; | ||||||
3 | (4) under the influence of any other drug or | ||||||
4 | combination of drugs to a degree that renders the person | ||||||
5 | incapable of safely driving a vehicle, operating a | ||||||
6 | snowmobile, or operating a watercraft safely ; | ||||||
7 | (5) under the combined influence of alcohol, other drug | ||||||
8 | or drugs, or intoxicating compound or compounds to a degree | ||||||
9 | that renders the person incapable of safely driving a | ||||||
10 | vehicle, operating a snowmobile, or operating a watercraft | ||||||
11 | safely ; or | ||||||
12 | (6) there is any amount of a drug, substance, or | ||||||
13 | compound in the person's breath, blood, or urine resulting | ||||||
14 | from the unlawful use or consumption of cannabis listed in | ||||||
15 | the Cannabis Control Act, a controlled substance listed in | ||||||
16 | the Illinois Controlled Substances Act, an intoxicating | ||||||
17 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
18 | or methamphetamine as listed in the Methamphetamine | ||||||
19 | Control and Community Protection Act.
| ||||||
20 | (b) The fact that any person charged with violating this | ||||||
21 | Section is or has been legally entitled to use alcohol, other | ||||||
22 | drug or drugs, or intoxicating compound or compounds, or any | ||||||
23 | combination thereof, shall not constitute a defense against any | ||||||
24 | charge of violating this Section. | ||||||
25 | (c) Penalties. | ||||||
26 | (1) Except as otherwise provided in this Section, any |
| |||||||
| |||||||
1 | person convicted of violating subsection (a) of this | ||||||
2 | Section is guilty of a Class A misdemeanor. | ||||||
3 | (2) A person who violates subsection (a) or a similar | ||||||
4 | provision a second time shall be sentenced to a mandatory | ||||||
5 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
6 | of community service in addition to any other criminal or | ||||||
7 | administrative sanction. | ||||||
8 | (3) A person who violates subsection (a) is subject to | ||||||
9 | 6 months of imprisonment, an additional mandatory minimum | ||||||
10 | fine of $1,000, and 25 days of community service in a | ||||||
11 | program benefiting children if the person was transporting | ||||||
12 | a person under the age of 16 at the time of the violation. | ||||||
13 | (4) A person who violates subsection (a) a first time, | ||||||
14 | if the alcohol concentration in his or her blood, breath, | ||||||
15 | or urine was 0.16 or more based on the definition of blood, | ||||||
16 | breath, or urine units in Section 11-501.2, shall be | ||||||
17 | subject, in addition to any other penalty that may be | ||||||
18 | imposed, to a mandatory minimum of 100 hours of community | ||||||
19 | service and a mandatory minimum fine of $500. | ||||||
20 | (5) A person who violates subsection (a) a second time, | ||||||
21 | if at the time of the second violation the alcohol | ||||||
22 | concentration in his or her blood, breath, or urine was | ||||||
23 | 0.16 or more based on the definition of blood, breath, or | ||||||
24 | urine units in Section 11-501.2, shall be subject, in | ||||||
25 | addition to any other penalty that may be imposed, to a | ||||||
26 | mandatory minimum of 2 days of imprisonment and a mandatory |
| |||||||
| |||||||
1 | minimum fine of $1,250. | ||||||
2 | (d) Aggravated driving or operating under the influence of | ||||||
3 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
4 | compounds, or any combination thereof.
| ||||||
5 | (1) Every person convicted of committing a violation of | ||||||
6 | this Section shall be guilty of aggravated driving or | ||||||
7 | operating under the influence of alcohol, other drug or | ||||||
8 | drugs, or intoxicating compound or compounds, or any | ||||||
9 | combination thereof if: | ||||||
10 | (A) the person committed a violation of subsection | ||||||
11 | (a) or a similar provision for the third or subsequent | ||||||
12 | time; | ||||||
13 | (B) the person committed a violation of subsection | ||||||
14 | (a) while driving a school bus with persons 18 years of | ||||||
15 | age or younger on board; | ||||||
16 | (C) the person in committing a violation of | ||||||
17 | subsection (a) was involved in a motor vehicle , | ||||||
18 | snowmobile, or watercraft accident that resulted in | ||||||
19 | great bodily harm or permanent disability or | ||||||
20 | disfigurement to another, when the violation was a | ||||||
21 | proximate cause of the injuries; | ||||||
22 | (D) the person committed a violation of subsection | ||||||
23 | (a) and has been previously convicted of violating | ||||||
24 | Section 9-3 of the Criminal Code of 1961 or a similar | ||||||
25 | provision of a law of another state relating to | ||||||
26 | reckless homicide in which the person was determined to |
| |||||||
| |||||||
1 | have been under the influence of alcohol, other drug or | ||||||
2 | drugs, or intoxicating compound or compounds as an | ||||||
3 | element of the offense or the person has previously | ||||||
4 | been convicted under subparagraph (C) or subparagraph | ||||||
5 | (F) of this paragraph (1); | ||||||
6 | (E) the person, in committing a violation of | ||||||
7 | subsection (a) while driving at any speed in a school | ||||||
8 | speed zone at a time when a speed limit of 20 miles per | ||||||
9 | hour was in effect under subsection (a) of Section | ||||||
10 | 11-605 of this Code, was involved in a motor vehicle | ||||||
11 | accident that resulted in bodily harm, other than great | ||||||
12 | bodily harm or permanent disability or disfigurement, | ||||||
13 | to another person, when the violation of subsection (a) | ||||||
14 | was a proximate cause of the bodily harm; | ||||||
15 | (F) the person, in committing a violation of | ||||||
16 | subsection (a), was involved in a motor vehicle, | ||||||
17 | snowmobile, all-terrain vehicle, or watercraft | ||||||
18 | accident that resulted in the death of another person, | ||||||
19 | when the violation of subsection (a) was a proximate | ||||||
20 | cause of the death; | ||||||
21 | (G) the person committed a violation of subsection | ||||||
22 | (a) during a period in which the defendant's driving | ||||||
23 | privileges are revoked or suspended, where the | ||||||
24 | revocation or suspension was for a violation of | ||||||
25 | subsection (a) or a similar provision, Section | ||||||
26 | 11-501.1, paragraph (b) of Section 11-401, or for |
| |||||||
| |||||||
1 | reckless homicide as defined in Section 9-3 of the | ||||||
2 | Criminal Code of 1961; | ||||||
3 | (H) the person committed the violation while he or | ||||||
4 | she did not possess a driver's license or permit or a | ||||||
5 | restricted driving permit or a judicial driving permit | ||||||
6 | or a monitoring device driving permit as required by | ||||||
7 | law ; | ||||||
8 | (I) the person committed the violation while he or | ||||||
9 | she knew or should have known that the vehicle he or | ||||||
10 | she was driving was not covered by a liability | ||||||
11 | insurance policy; | ||||||
12 | (J) the person in committing a violation of | ||||||
13 | subsection (a) was involved in a motor vehicle , | ||||||
14 | snowmobile, or watercraft accident that resulted in | ||||||
15 | bodily harm, but not great bodily harm, to the child | ||||||
16 | under the age of 16 being transported by the person, if | ||||||
17 | the violation was the proximate cause of the injury; or | ||||||
18 | (K) the person in committing a second violation of | ||||||
19 | subsection (a) or a similar provision was transporting | ||||||
20 | a person under the age of 16. | ||||||
21 | (2)(A) Except as provided otherwise, a person | ||||||
22 | convicted of aggravated driving under the influence of | ||||||
23 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
24 | compounds, or any combination thereof is guilty of a Class | ||||||
25 | 4 felony. | ||||||
26 | (B) A third violation of this Section or a similar |
| |||||||
| |||||||
1 | provision is a Class 2 felony. If at the time of the third | ||||||
2 | violation the alcohol concentration in his or her blood, | ||||||
3 | breath, or urine was 0.16 or more based on the definition | ||||||
4 | of blood, breath, or urine units in Section 11-501.2, a | ||||||
5 | mandatory minimum of 90 days of imprisonment and a | ||||||
6 | mandatory minimum fine of $2,500 shall be imposed in | ||||||
7 | addition to any other criminal or administrative sanction. | ||||||
8 | If at the time of the third violation, the defendant was | ||||||
9 | transporting a person under the age of 16, a mandatory fine | ||||||
10 | of $25,000 and 25 days of community service in a program | ||||||
11 | benefiting children shall be imposed in addition to any | ||||||
12 | other criminal or administrative sanction. | ||||||
13 | (C) A fourth violation of this Section or a similar | ||||||
14 | provision is a Class 2 felony, for which a sentence of | ||||||
15 | probation or conditional discharge may not be imposed. If | ||||||
16 | at the time of the violation, the alcohol concentration in | ||||||
17 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
18 | based on the definition of blood, breath, or urine units in | ||||||
19 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
20 | be imposed in addition to any other criminal or | ||||||
21 | administrative sanction. If at the time of the fourth | ||||||
22 | violation, the defendant was transporting a person under | ||||||
23 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
24 | community service in a program benefiting children shall be | ||||||
25 | imposed in addition to any other criminal or administrative | ||||||
26 | sanction. |
| |||||||
| |||||||
1 | (D) A fifth violation of this Section or a similar | ||||||
2 | provision is a Class 1 felony, for which a sentence of | ||||||
3 | probation or conditional discharge may not be imposed. If | ||||||
4 | at the time of the violation, the alcohol concentration in | ||||||
5 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
6 | based on the definition of blood, breath, or urine units in | ||||||
7 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
8 | be imposed in addition to any other criminal or | ||||||
9 | administrative sanction. If at the time of the fifth | ||||||
10 | violation, the defendant was transporting a person under | ||||||
11 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
12 | community service in a program benefiting children shall be | ||||||
13 | imposed in addition to any other criminal or administrative | ||||||
14 | sanction. | ||||||
15 | (E) A sixth or subsequent violation of this Section or | ||||||
16 | similar provision is a Class X felony. If at the time of | ||||||
17 | the violation, the alcohol concentration in the | ||||||
18 | defendant's blood, breath, or urine was 0.16 or more based | ||||||
19 | on the definition of blood, breath, or urine units in | ||||||
20 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
21 | be imposed in addition to any other criminal or | ||||||
22 | administrative sanction. If at the time of the violation, | ||||||
23 | the defendant was transporting a person under the age of | ||||||
24 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
25 | service in a program benefiting children shall be imposed | ||||||
26 | in addition to any other criminal or administrative |
| |||||||
| |||||||
1 | sanction. | ||||||
2 | (F) For a violation of subparagraph (C) of paragraph | ||||||
3 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
4 | a term of imprisonment, shall be sentenced to not less than | ||||||
5 | one year nor more than 12 years. | ||||||
6 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
7 | this subsection (d) is a Class 2 felony, for which the | ||||||
8 | defendant, unless the court determines that extraordinary | ||||||
9 | circumstances exist and require probation, shall be | ||||||
10 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
11 | years and not more than 14 years if the violation resulted | ||||||
12 | in the death of one person; or (ii) a term of imprisonment | ||||||
13 | of not less than 6 years and not more than 28 years if the | ||||||
14 | violation resulted in the deaths of 2 or more persons. | ||||||
15 | (H) For a violation of subparagraph (J) of paragraph | ||||||
16 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
17 | 25 days of community service in a program benefiting | ||||||
18 | children shall be imposed in addition to any other criminal | ||||||
19 | or administrative sanction. | ||||||
20 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
21 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
22 | fine of $2,500, and 25 days of community service in a | ||||||
23 | program benefiting children shall be imposed in addition to | ||||||
24 | any other criminal or administrative sanction. If the child | ||||||
25 | being transported suffered bodily harm, but not great | ||||||
26 | bodily harm, in a motor vehicle , snowmobile, or watercraft |
| |||||||
| |||||||
1 | accident, and the violation was the proximate cause of that | ||||||
2 | injury, a mandatory fine of $5,000 and 25 days of community | ||||||
3 | service in a program benefiting children shall be imposed | ||||||
4 | in addition to any other criminal or administrative | ||||||
5 | sanction. | ||||||
6 | (J) A violation of subparagraph (D) of paragraph (1) of | ||||||
7 | this subsection (d) is a Class 3 felony, for which a | ||||||
8 | sentence of probation or conditional discharge may not be | ||||||
9 | imposed. | ||||||
10 | (3) Any person sentenced under this subsection (d) who | ||||||
11 | receives a term of probation or conditional discharge must | ||||||
12 | serve a minimum term of either 480 hours of community | ||||||
13 | service or 10 days of imprisonment as a condition of the | ||||||
14 | probation or conditional discharge in addition to any other | ||||||
15 | criminal or administrative sanction. | ||||||
16 | (e) Any reference to a prior violation of subsection (a) or | ||||||
17 | a similar provision includes any violation of a provision of a | ||||||
18 | local ordinance or a provision of a law of another state or an | ||||||
19 | offense committed on a military installation that is similar to | ||||||
20 | a violation of subsection (a) of this Section. | ||||||
21 | (f) The imposition of a mandatory term of imprisonment or | ||||||
22 | assignment of community service for a violation of this Section | ||||||
23 | shall not be suspended or reduced by the court. | ||||||
24 | (g) Any penalty imposed for driving with a license that has | ||||||
25 | been revoked for a previous violation of subsection (a) of this | ||||||
26 | Section shall be in addition to the penalty imposed for any |
| |||||||
| |||||||
1 | subsequent violation of subsection (a). | ||||||
2 | (h) For any prosecution under this Section, a certified | ||||||
3 | copy of the driving abstract of the defendant shall be admitted | ||||||
4 | as proof of any prior conviction.
| ||||||
5 | (Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; | ||||||
6 | 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08; | ||||||
7 | 95-876, eff. 8-21-08; 96-289, eff. 8-11-09.) | ||||||
8 | (625 ILCS 5/11-501.01)
| ||||||
9 | Sec. 11-501.01. Additional administrative sanctions. | ||||||
10 | (a) After a finding of guilt and prior to any final | ||||||
11 | sentencing or an order for supervision, for an offense based | ||||||
12 | upon an arrest for a violation of Section 11-501 or a similar | ||||||
13 | provision of a local ordinance, individuals shall be required | ||||||
14 | to undergo a professional evaluation to determine if an | ||||||
15 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||
16 | and the extent of the problem, and undergo the imposition of | ||||||
17 | treatment as appropriate. Programs conducting these | ||||||
18 | evaluations shall be licensed by the Department of Human | ||||||
19 | Services. The cost of any professional evaluation shall be paid | ||||||
20 | for by the individual required to undergo the professional | ||||||
21 | evaluation. | ||||||
22 | (b) Any person who is found guilty of or pleads guilty to | ||||||
23 | violating Section 11-501, including any person receiving a | ||||||
24 | disposition of court supervision for violating that Section, | ||||||
25 | may be required by the Court to attend a victim impact panel |
| |||||||
| |||||||
1 | offered by, or under contract with, a county State's Attorney's | ||||||
2 | office, a probation and court services department, Mothers | ||||||
3 | Against Drunk Driving, or the Alliance Against Intoxicated | ||||||
4 | Motorists. All costs generated by the victim impact panel shall | ||||||
5 | be paid from fees collected from the offender or as may be | ||||||
6 | determined by the court. | ||||||
7 | (c) Every person found guilty of violating Section 11-501, | ||||||
8 | whose operation of a motor vehicle , snowmobile, or watercraft | ||||||
9 | while in violation of that Section proximately caused any | ||||||
10 | incident resulting in an appropriate emergency response, shall | ||||||
11 | be liable for the expense of an emergency response as provided | ||||||
12 | in subsection (i) of this Section. | ||||||
13 | (d) (Blank). The Secretary of State shall revoke the | ||||||
14 | driving privileges of any person convicted under Section 11-501 | ||||||
15 | or a similar provision of a local ordinance. | ||||||
16 | (e) The Secretary of State shall require the use of | ||||||
17 | ignition interlock devices on all motor vehicles owned by a | ||||||
18 | person who has been convicted of a second or subsequent offense | ||||||
19 | of Section 11-501 or a similar provision of a local ordinance. | ||||||
20 | The person must pay to the Secretary of State DUI | ||||||
21 | Administration Fund an amount not to exceed $30 for each month | ||||||
22 | that he or she uses the device. The Secretary shall establish | ||||||
23 | by rule and regulation the procedures for certification and use | ||||||
24 | of the interlock system, the amount of the fee, and the | ||||||
25 | procedures, terms, and conditions relating to these fees. | ||||||
26 | (f) In addition to any other penalties and liabilities, a |
| |||||||
| |||||||
1 | person who is found guilty of or pleads guilty to violating | ||||||
2 | Section 11-501, including any person placed on court | ||||||
3 | supervision for violating Section 11-501, shall be assessed | ||||||
4 | $500, payable to the circuit clerk, who shall distribute the | ||||||
5 | money as follows: 20% to the law enforcement agency that made | ||||||
6 | the arrest, and 80% shall be forwarded to the State Treasurer | ||||||
7 | for deposit into the General Revenue Fund. If the person has | ||||||
8 | been previously convicted of violating Section 11-501 or a | ||||||
9 | similar provision of a local ordinance, the fine shall be | ||||||
10 | $1,000. In the event that more than one agency is responsible | ||||||
11 | for the arrest, the amount payable to law enforcement agencies | ||||||
12 | shall be shared equally. Any moneys received by a law | ||||||
13 | enforcement agency under this subsection (f) shall be used to | ||||||
14 | purchase law enforcement equipment that will assist in the | ||||||
15 | prevention of alcohol related criminal violence throughout the | ||||||
16 | State. This shall include, but is not limited to, in-car video | ||||||
17 | cameras, radar and laser speed detection devices, and alcohol | ||||||
18 | breath testers. Any moneys received by the Department of State | ||||||
19 | Police under this subsection (f) shall be deposited into the | ||||||
20 | State Police DUI Fund and shall be used to purchase law | ||||||
21 | enforcement equipment that will assist in the prevention of | ||||||
22 | alcohol related criminal violence throughout the State. | ||||||
23 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
24 | special fund in the State treasury. All moneys received by the | ||||||
25 | Secretary of State Police under subsection (f) of this Section | ||||||
26 | shall be deposited into the Secretary of State Police DUI Fund |
| |||||||
| |||||||
1 | and, subject to appropriation, shall be used to purchase law | ||||||
2 | enforcement equipment to assist in the prevention of alcohol | ||||||
3 | related criminal violence throughout the State. | ||||||
4 | (h) Whenever an individual is sentenced for an offense | ||||||
5 | based upon an arrest for a violation of Section 11-501 or a | ||||||
6 | similar provision of a local ordinance, and the professional | ||||||
7 | evaluation recommends remedial or rehabilitative treatment or | ||||||
8 | education, neither the treatment nor the education shall be the | ||||||
9 | sole disposition and either or both may be imposed only in | ||||||
10 | conjunction with another disposition. The court shall monitor | ||||||
11 | compliance with any remedial education or treatment | ||||||
12 | recommendations contained in the professional evaluation. | ||||||
13 | Programs conducting alcohol or other drug evaluation or | ||||||
14 | remedial education must be licensed by the Department of Human | ||||||
15 | Services. If the individual is not a resident of Illinois, | ||||||
16 | however, the court may accept an alcohol or other drug | ||||||
17 | evaluation or remedial education program in the individual's | ||||||
18 | state of residence. Programs providing treatment must be | ||||||
19 | licensed under existing applicable alcoholism and drug | ||||||
20 | treatment licensure standards. | ||||||
21 | (i) In addition to any other fine or penalty required by | ||||||
22 | law, an individual convicted of a violation of Section 11-501, | ||||||
23 | Section 5-7 of the Snowmobile Registration and Safety Act prior | ||||||
24 | to the effective date of this amendatory Act of the 96th | ||||||
25 | General Assembly , Section 5-16 of the Boat Registration and | ||||||
26 | Safety Act prior to the effective date of this amendatory Act |
| |||||||
| |||||||
1 | of the 96th General Assembly , or a similar provision, whose | ||||||
2 | operation of a motor vehicle, snowmobile, or watercraft while | ||||||
3 | in violation of Section 11-501, Section 5-7 of the Snowmobile | ||||||
4 | Registration and Safety Act prior to the effective date of this | ||||||
5 | amendatory Act of the 96th General Assembly , Section 5-16 of | ||||||
6 | the Boat Registration and Safety Act prior to the effective | ||||||
7 | date of this amendatory Act of the 96th General Assembly , or a | ||||||
8 | similar provision proximately caused an incident resulting in | ||||||
9 | an appropriate emergency response, shall be required to make | ||||||
10 | restitution to a public agency for the costs of that emergency | ||||||
11 | response. The restitution may not exceed $1,000 per public | ||||||
12 | agency for each emergency response. As used in this subsection | ||||||
13 | (i), "emergency response" means any incident requiring a | ||||||
14 | response by a police officer, a firefighter carried on the | ||||||
15 | rolls of a regularly constituted fire department, or an | ||||||
16 | ambulance.
| ||||||
17 | (Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09.)
| ||||||
18 | (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
| ||||||
19 | Sec. 11-501.1. Suspension of drivers license , snowmobile | ||||||
20 | operating privileges, and watercraft operating privileges ; | ||||||
21 | statutory summary
alcohol, other drug or drugs, or intoxicating | ||||||
22 | compound or
compounds related suspension; implied consent.
| ||||||
23 | (a) Any person who (1) drives or is in actual physical | ||||||
24 | control of a motor
vehicle upon the public highways of this | ||||||
25 | State , (2) operates or is in actual physical control of a
|
| |||||||
| |||||||
1 | snowmobile in this State, or (3) operates or is in actual | ||||||
2 | physical control of any
watercraft upon the waters of this
| ||||||
3 | State shall be deemed to have given
consent, subject to the | ||||||
4 | provisions of Section 11-501.2, to a chemical test or
tests of | ||||||
5 | blood, breath, or urine for the purpose of determining the | ||||||
6 | content of
alcohol, other drug or drugs, or intoxicating | ||||||
7 | compound or compounds or
any combination thereof in the | ||||||
8 | person's blood if arrested,
as evidenced by the issuance of a | ||||||
9 | Uniform Traffic Ticket or Illinois Conservation Citation and | ||||||
10 | Complaint , for any offense
as defined in Section 11-501 or a | ||||||
11 | similar provision of a local ordinance, or if arrested for | ||||||
12 | violating Section 11-401.
| ||||||
13 | (1) The test or tests shall be administered at the | ||||||
14 | direction of the arresting
officer. The law enforcement | ||||||
15 | agency employing the officer shall designate which
of the | ||||||
16 | aforesaid tests shall be administered. A urine test may be | ||||||
17 | administered
even after a blood or breath test or both has
| ||||||
18 | been administered. | ||||||
19 | (2) For purposes of this Section, an Illinois law
| ||||||
20 | enforcement officer of this State who is investigating the | ||||||
21 | person for any
offense defined in Section 11-501 may travel | ||||||
22 | into an adjoining state, where
the person has been | ||||||
23 | transported for medical care, to complete an
investigation | ||||||
24 | and to request that the person submit to the test or tests
| ||||||
25 | set forth in this Section. The requirements of this Section | ||||||
26 | that the
person be arrested are inapplicable, but the |
| |||||||
| |||||||
1 | officer shall issue the person
a Uniform Traffic Ticket or | ||||||
2 | Illinois Conservation Citation and Complaint for an | ||||||
3 | offense as defined in Section 11-501 or a
similar provision | ||||||
4 | of a local ordinance prior to requesting that the person
| ||||||
5 | submit to the test or tests. The issuance of the Uniform | ||||||
6 | Traffic Ticket or Illinois Conservation Citation and | ||||||
7 | Complaint
shall not constitute an arrest, but shall be for | ||||||
8 | the purpose of notifying
the person that he or she is | ||||||
9 | subject to the provisions of this Section and
of the | ||||||
10 | officer's belief of the existence of probable cause to
| ||||||
11 | arrest. Upon returning to this State, the officer shall | ||||||
12 | file the Uniform
Traffic Ticket or Illinois Conservation | ||||||
13 | Citation and Complaint with the Circuit Clerk of the county | ||||||
14 | where the offense was
committed, and shall seek the | ||||||
15 | issuance of an arrest warrant or a summons
for the person.
| ||||||
16 | (b) Any person who is dead, unconscious, or who is | ||||||
17 | otherwise in a condition
rendering the person incapable of | ||||||
18 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
19 | provided by paragraph (a) of this Section and the test or
tests | ||||||
20 | may be administered, subject to the provisions of Section | ||||||
21 | 11-501.2.
| ||||||
22 | (c) A person requested to submit to a test as provided | ||||||
23 | above who was driving or in actual physical control of a motor | ||||||
24 | vehicle on the public highways shall
be warned by the law | ||||||
25 | enforcement officer requesting the test that a
refusal to | ||||||
26 | submit to the test or if the person submits to a test or tests |
| |||||||
| |||||||
1 | provided in paragraph (a) of this Section that discloses an | ||||||
2 | alcohol concentration in the person's blood or breath of 0.08 | ||||||
3 | or greater, or any amount of a drug, substance, or compound | ||||||
4 | resulting from the unlawful use or consumption of cannabis as | ||||||
5 | covered by the Cannabis Control Act, a controlled substance | ||||||
6 | listed in the Illinois Controlled Substances Act, an | ||||||
7 | intoxicating compound listed in the Use of Intoxicating | ||||||
8 | Compounds Act, or methamphetamine as listed in the | ||||||
9 | Methamphetamine Control and Community Protection Act is | ||||||
10 | detected in the person's blood or urine will result in the | ||||||
11 | statutory summary
suspension of the person's privilege to drive | ||||||
12 | operate a motor vehicle, operate a snowmobile, and operate a | ||||||
13 | watercraft, as provided
in Section 6-208.1 of this Code, and | ||||||
14 | will also result in the disqualification of the person's | ||||||
15 | privilege to drive operate a commercial motor vehicle, as | ||||||
16 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
17 | holder. The person shall also be warned by the law
enforcement | ||||||
18 | officer that if the person submits to the test or tests
| ||||||
19 | provided in paragraph (a) of this Section and the alcohol | ||||||
20 | concentration in
the person's blood or breath is 0.08 or | ||||||
21 | greater, or any amount of
a
drug, substance, or compound | ||||||
22 | resulting from the unlawful use or consumption
of cannabis as | ||||||
23 | covered by the Cannabis Control Act, a controlled
substance
| ||||||
24 | listed in the Illinois Controlled Substances Act, an | ||||||
25 | intoxicating compound
listed in the Use of Intoxicating | ||||||
26 | Compounds Act, or methamphetamine as listed in the |
| |||||||
| |||||||
1 | Methamphetamine Control and Community Protection Act is | ||||||
2 | detected in the person's
blood or urine, a statutory summary | ||||||
3 | suspension of the person's privilege to
operate a motor | ||||||
4 | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||||||
5 | Code, and a disqualification of
the person's privilege to | ||||||
6 | operate a commercial motor vehicle, as provided in Section | ||||||
7 | 6-514 of this Code, if the person is a CDL holder, will be | ||||||
8 | imposed.
| ||||||
9 | (c-2) A person requested to submit to a test as provided | ||||||
10 | above who was operating a snowmobile or watercraft on public | ||||||
11 | property shall be warned by the law enforcement officer | ||||||
12 | requesting the test that a refusal to submit to the test or if | ||||||
13 | the person submits to the test or tests provided in paragraph | ||||||
14 | (a) of this Section that discloses an alcohol concentration in | ||||||
15 | the person's blood or breath of 0.08 or greater, or any amount | ||||||
16 | of a drug, substance, or compound resulting from the unlawful | ||||||
17 | use or consumption of cannabis as covered by the Cannabis | ||||||
18 | Control Act, a controlled substance listed in the Illinois | ||||||
19 | Controlled Substances Act, an intoxicating compound listed in | ||||||
20 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
21 | listed in the Methamphetamine Control and Community Protection | ||||||
22 | Act is detected in the person's blood or urine will result in | ||||||
23 | the statutory summary suspension of the person's privilege to | ||||||
24 | drive a motor vehicle, operate a snowmobile, and operate a | ||||||
25 | watercraft as provided in Section 6-208.1 of this Code. | ||||||
26 | (c-4) A person requested to submit to a test as provided |
| |||||||
| |||||||
1 | above who was operating a snowmobile or watercraft on private | ||||||
2 | property shall be warned by the law enforcement officer | ||||||
3 | requesting the test that a refusal to submit to the test or if | ||||||
4 | the person submits to the test or tests provided in paragraph | ||||||
5 | (a) of this Section that discloses an alcohol concentration of | ||||||
6 | the person's blood or breath is 0.08 or greater, or any amount | ||||||
7 | of a drug, substance, or compound resulting from the unlawful | ||||||
8 | use or consumption of cannabis as covered by the Cannabis | ||||||
9 | Control Act, a controlled substance listed in the Illinois | ||||||
10 | Controlled Substances Act, an intoxicating compound listed in | ||||||
11 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
12 | listed in the Methamphetamine Control and Community Protection | ||||||
13 | Act is detected in the person's blood or urine will result in | ||||||
14 | the statutory summary suspension of the person's privilege to | ||||||
15 | operate a snowmobile and watercraft as provided in Section | ||||||
16 | 6-208.1 of this Code. | ||||||
17 | (c-6) A person who is under the age of 21 at the time the | ||||||
18 | person is requested to
submit to a test as provided above | ||||||
19 | shall, in addition to the warnings provided
for in this | ||||||
20 | Section, be further warned by the law enforcement officer
| ||||||
21 | requesting the test that if the person submits to the test or | ||||||
22 | tests provided in
paragraph (a) of this Section and the alcohol | ||||||
23 | concentration in the person's
blood or breath is greater than | ||||||
24 | 0.00 and less than 0.08, a
suspension of the
person's privilege | ||||||
25 | to drive operate a motor vehicle , operate a snowmobile, and | ||||||
26 | operate a watercraft , as provided under Sections
6-208.2 and |
| |||||||
| |||||||
1 | 11-501.8 of this Code, will be imposed. | ||||||
2 | (c-8) The results of a this test
administered under this | ||||||
3 | Section shall be admissible in a civil or criminal action or | ||||||
4 | proceeding arising from an
arrest for an offense as defined in | ||||||
5 | Section 11-501 of this Code or a similar
provision of a local | ||||||
6 | ordinance or pursuant to Section 11-501.4 in prosecutions
for | ||||||
7 | reckless homicide brought under the Criminal Code of 1961. | ||||||
8 | These test
results, however, shall be admissible only in | ||||||
9 | actions or proceedings directly
related to the incident upon | ||||||
10 | which the test request was made.
| ||||||
11 | (d) If the person refuses testing or submits to a test that | ||||||
12 | discloses
an alcohol concentration of 0.08 or more, or any | ||||||
13 | amount of a drug,
substance, or intoxicating compound in the | ||||||
14 | person's breath, blood,
or urine resulting from the
unlawful | ||||||
15 | use or consumption of cannabis listed in the Cannabis Control | ||||||
16 | Act, a controlled substance listed in the Illinois Controlled | ||||||
17 | Substances
Act, an intoxicating compound listed in the Use of | ||||||
18 | Intoxicating Compounds
Act, or methamphetamine as listed in the | ||||||
19 | Methamphetamine Control and Community Protection Act, the law | ||||||
20 | enforcement officer shall immediately submit a sworn report to
| ||||||
21 | the
circuit court of venue , the Department of Natural | ||||||
22 | Resources, and the Secretary of State, certifying that the test | ||||||
23 | or
tests was or were requested under paragraph (a) and the | ||||||
24 | person refused to
submit to a test, or tests, or submitted to | ||||||
25 | testing that disclosed an alcohol
concentration of 0.08 or | ||||||
26 | more.
|
| |||||||
| |||||||
1 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
2 | officer
submitted under paragraph (d), the Secretary of State | ||||||
3 | shall enter the
statutory summary suspension and , if | ||||||
4 | applicable, disqualification of driving privileges if the | ||||||
5 | sworn reports indicates the offense occurred on public | ||||||
6 | property, and the Department of Natural Resources shall enter | ||||||
7 | the statutory summary suspension of snowmobile and watercraft | ||||||
8 | privileges for the periods specified in Sections
6-208.1 and | ||||||
9 | 6-514, respectively,
and effective as provided in paragraph | ||||||
10 | (g). Upon receipt of the sworn report of a law enforcement | ||||||
11 | officer submitted under paragraph (d) indicating the offense | ||||||
12 | took place on private property, the Secretary of State shall | ||||||
13 | not enter a statutory summary suspension of driving privileges, | ||||||
14 | but the Department of Natural Resources shall enter the | ||||||
15 | statutory summary suspension of snowmobile and watercraft | ||||||
16 | operating privileges for the period of time specified in | ||||||
17 | Section 6-208.1.
| ||||||
18 | If the person is a first offender as defined in Section | ||||||
19 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
20 | Section 11-501
of this Code or a similar provision of a local | ||||||
21 | ordinance, then reports
received by the Secretary of State and | ||||||
22 | the Department of Natural Resources under this Section shall, | ||||||
23 | except during
the actual time the statutory summary suspension | ||||||
24 | Statutory Summary Suspension is in effect, be
privileged | ||||||
25 | information and for use only by the courts, police officers,
| ||||||
26 | prosecuting authorities , the Department of Natural Resources, |
| |||||||
| |||||||
1 | or the Secretary of State. However, beginning January 1, 2008, | ||||||
2 | if the person is a CDL holder, the statutory summary suspension | ||||||
3 | shall also be made available to the driver licensing | ||||||
4 | administrator of any other state, the U.S. Department of | ||||||
5 | Transportation, and the affected driver or motor carrier or | ||||||
6 | prospective motor carrier upon request.
Reports received by the | ||||||
7 | Secretary of State under this Section shall also be made | ||||||
8 | available to the parent or guardian of a person under the age | ||||||
9 | of 18 years that holds an instruction permit or a graduated | ||||||
10 | driver's license, regardless of whether the statutory summary | ||||||
11 | suspension is in effect.
| ||||||
12 | (f) The law enforcement officer submitting the sworn report | ||||||
13 | under paragraph
(d) shall serve immediate notice of the | ||||||
14 | statutory summary suspension on the
person and the suspension | ||||||
15 | and , if applicable, disqualification shall be effective as | ||||||
16 | provided in paragraph (g). In
cases where the blood alcohol | ||||||
17 | concentration of 0.08 or greater or
any amount of
a drug, | ||||||
18 | substance, or compound resulting from the unlawful use or | ||||||
19 | consumption
of cannabis as covered by the Cannabis Control Act, | ||||||
20 | a controlled
substance
listed in the Illinois Controlled | ||||||
21 | Substances Act,
an intoxicating compound
listed in the Use of | ||||||
22 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
23 | Methamphetamine Control and Community Protection Act is | ||||||
24 | established by a
subsequent
analysis of blood or urine | ||||||
25 | collected at the time of arrest, the arresting
officer or | ||||||
26 | arresting agency shall give notice as provided in this Section |
| |||||||
| |||||||
1 | or by
deposit in the United States mail of the notice in an | ||||||
2 | envelope with postage
prepaid and addressed to the person at | ||||||
3 | his address as shown on the Uniform
Traffic Ticket or Illinois | ||||||
4 | Conservation Citation and Complaint and the statutory summary | ||||||
5 | suspension and , if applicable, disqualification shall begin as | ||||||
6 | provided in
paragraph (g). The officer shall confiscate any | ||||||
7 | Illinois driver's license or
permit on the person at the time | ||||||
8 | of arrest. If the person has a valid driver's
license or | ||||||
9 | permit, the officer shall issue the person a receipt, in
a form | ||||||
10 | prescribed by the Secretary of State, that will allow that | ||||||
11 | person
to drive during the periods provided for in paragraph | ||||||
12 | (g). The officer
shall immediately forward the driver's license | ||||||
13 | or permit to the circuit
court of venue along with the sworn | ||||||
14 | report provided for in
paragraph (d).
| ||||||
15 | (g) The statutory summary suspension and , if applicable, | ||||||
16 | disqualification
referred to in this Section shall
take effect | ||||||
17 | on the 46th day following the date the notice of the statutory
| ||||||
18 | summary suspension was given to the person.
| ||||||
19 | (h) To provide notice to the court and the person as to | ||||||
20 | whether the person is a first offender, the The following | ||||||
21 | procedure shall apply
whenever a person is arrested for any | ||||||
22 | offense as defined in Section 11-501
or a similar provision of | ||||||
23 | a local ordinance:
| ||||||
24 | Upon receipt of the sworn report from the law enforcement | ||||||
25 | officer indicating the offense took place on public property ,
| ||||||
26 | the Secretary of State shall confirm the statutory summary |
| |||||||
| |||||||
1 | suspension of driving, snowmobile operating, and watercraft | ||||||
2 | operating privileges by
mailing a notice of the effective date | ||||||
3 | of the suspension to the person , the Department of Natural | ||||||
4 | Resources, and
the court of venue. If applicable, the The | ||||||
5 | Secretary of State shall also mail notice of the effective date | ||||||
6 | of the disqualification to the person. If the sworn report from | ||||||
7 | the law enforcement officer indicates the offense took place on | ||||||
8 | private property, the Department of Natural Resources shall | ||||||
9 | confirm the statutory summary suspension of snowmobile and | ||||||
10 | watercraft privileges by mailing a notice of the effective date | ||||||
11 | of the suspension to the person and court of venue. However, | ||||||
12 | should the sworn report be defective by not
containing | ||||||
13 | sufficient information or be completed in error, the
| ||||||
14 | confirmation of the statutory summary suspension shall not be | ||||||
15 | mailed to the
person or entered to the record; instead, the | ||||||
16 | sworn report shall
be
forwarded to the court of venue with a | ||||||
17 | copy returned to the issuing agency
identifying any defect. The | ||||||
18 | issuing law enforcement agency may cure a sworn report returned | ||||||
19 | as defective by either completing a new sworn report or | ||||||
20 | amending the defective report. The law enforcement officer | ||||||
21 | shall give notice of the new or amended sworn report to the | ||||||
22 | person by personal service or by depositing a copy of the new | ||||||
23 | or amended sworn report in the United States mail with postage | ||||||
24 | prepaid and addressed to such person at his address as shown on | ||||||
25 | the Uniform Traffic Ticket or Illinois Conservation Citation | ||||||
26 | and Complaint. The suspension and, if applicable, |
| |||||||
| |||||||
1 | disqualification shall be effective on the 46th day following | ||||||
2 | the date notice was given.
| ||||||
3 | (Source: P.A. 94-115, eff. 1-1-06; 95-201, eff. 1-1-08; 95-382, | ||||||
4 | eff. 8-23-07; 95-876, eff. 8-21-08.)
| ||||||
5 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||||||
6 | Sec. 11-501.2. Chemical and other tests.
| ||||||
7 | (a) Upon the trial of any civil or criminal action or | ||||||
8 | proceeding arising out
of an arrest for an offense as defined | ||||||
9 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
10 | pursuant to Section 2-118.1, evidence of the
concentration of | ||||||
11 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
12 | compounds, or any combination thereof in a person's blood
or | ||||||
13 | breath at the time alleged, as determined by analysis of the | ||||||
14 | person's blood,
urine, breath or other bodily substance, shall | ||||||
15 | be admissible. Where such test
is made the following provisions | ||||||
16 | shall apply:
| ||||||
17 | 1. Chemical analyses of the person's blood, urine, | ||||||
18 | breath or other bodily
substance to be considered valid | ||||||
19 | under the provisions of this Section shall
have been | ||||||
20 | performed according to standards promulgated by the | ||||||
21 | Department of State Police
by
a licensed physician, | ||||||
22 | registered nurse, trained phlebotomist, certified | ||||||
23 | paramedic, or other individual
possessing a valid permit | ||||||
24 | issued by that Department for
this purpose. The Director of | ||||||
25 | State Police is authorized to approve satisfactory
|
| |||||||
| |||||||
1 | techniques or methods, to ascertain the qualifications and | ||||||
2 | competence of
individuals to conduct such analyses, to | ||||||
3 | issue permits which shall be subject
to termination or | ||||||
4 | revocation at the discretion of that Department and to
| ||||||
5 | certify the accuracy of breath testing equipment. The | ||||||
6 | Department
of
State Police shall prescribe regulations as | ||||||
7 | necessary to
implement this
Section.
| ||||||
8 | 2. When a person in this State shall submit to a blood | ||||||
9 | test at the request
of a law enforcement officer under the | ||||||
10 | provisions of Section 11-501.1, only a
physician | ||||||
11 | authorized to practice medicine, a registered nurse, | ||||||
12 | trained
phlebotomist, or certified paramedic, or other
| ||||||
13 | qualified person approved by the Department of State Police | ||||||
14 | may withdraw blood
for the purpose of determining the | ||||||
15 | alcohol, drug, or alcohol and drug content
therein. This | ||||||
16 | limitation shall not apply to the taking of breath or urine
| ||||||
17 | specimens.
| ||||||
18 | When a blood test of a person who has been taken to an | ||||||
19 | adjoining state
for medical treatment is requested by an | ||||||
20 | Illinois law enforcement officer,
the blood may be | ||||||
21 | withdrawn only by a physician authorized to practice
| ||||||
22 | medicine in the adjoining state, a registered nurse, a | ||||||
23 | trained
phlebotomist acting under the direction of the | ||||||
24 | physician, or certified
paramedic. The law
enforcement | ||||||
25 | officer requesting the test shall take custody of the blood
| ||||||
26 | sample, and the blood sample shall be analyzed by a |
| |||||||
| |||||||
1 | laboratory certified by the
Department of State Police for | ||||||
2 | that purpose.
| ||||||
3 | 3. The person tested may have a physician, or a | ||||||
4 | qualified technician,
chemist, registered nurse, or other | ||||||
5 | qualified person of their own choosing
administer a | ||||||
6 | chemical test or tests in addition to any administered at | ||||||
7 | the
direction of a law enforcement officer. The failure or | ||||||
8 | inability to obtain
an additional test by a person shall | ||||||
9 | not preclude the admission of evidence
relating to the test | ||||||
10 | or tests taken at the direction of a law enforcement
| ||||||
11 | officer.
| ||||||
12 | 4. Upon the request of the person who shall submit to a | ||||||
13 | chemical test
or tests at the request of a law enforcement | ||||||
14 | officer, full information
concerning the test or tests | ||||||
15 | shall be made available to the person or such
person's | ||||||
16 | attorney.
| ||||||
17 | 5. Alcohol concentration shall mean either grams of | ||||||
18 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
19 | per 210 liters of breath.
| ||||||
20 | (b) Upon the trial of any civil or criminal action or | ||||||
21 | proceeding arising
out of acts alleged to have been committed | ||||||
22 | by any person while driving , operating, or
in actual physical | ||||||
23 | control of a vehicle , snowmobile, or watercraft while under the | ||||||
24 | influence of alcohol,
the concentration of alcohol in the | ||||||
25 | person's blood or breath at the time
alleged as shown by | ||||||
26 | analysis of the person's blood, urine, breath, or other
bodily |
| |||||||
| |||||||
1 | substance shall give rise to the following presumptions:
| ||||||
2 | 1. If there was at that time an alcohol concentration | ||||||
3 | of 0.05 or less,
it shall be presumed that the person was | ||||||
4 | not under the influence of alcohol.
| ||||||
5 | 2. If there was at that time an alcohol concentration | ||||||
6 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
7 | give rise to any
presumption that
the person was or was not | ||||||
8 | under the influence of alcohol, but such fact
may be | ||||||
9 | considered with other competent evidence in determining | ||||||
10 | whether the
person was under the influence of alcohol.
| ||||||
11 | 3. If there was at that time an alcohol concentration | ||||||
12 | of 0.08
or more,
it shall be presumed that the person was | ||||||
13 | under the influence of alcohol.
| ||||||
14 | 4. The foregoing provisions of this Section shall not | ||||||
15 | be construed as
limiting the introduction of any other | ||||||
16 | relevant evidence bearing upon the
question whether the | ||||||
17 | person was under the influence of alcohol.
| ||||||
18 | (c) 1. If a person under arrest refuses to submit to a | ||||||
19 | chemical test
under
the provisions of Section 11-501.1, | ||||||
20 | evidence of refusal shall be admissible
in any civil or | ||||||
21 | criminal action or proceeding arising out of acts alleged
to | ||||||
22 | have been committed while the person under the influence of | ||||||
23 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
24 | compounds, or
any combination thereof was driving , operating, | ||||||
25 | or in actual physical
control of a motor vehicle , snowmobile, | ||||||
26 | or watercraft .
|
| |||||||
| |||||||
1 | 2. Notwithstanding any ability to refuse under this Code to | ||||||
2 | submit to
these tests or any ability to revoke the implied | ||||||
3 | consent to these tests, if a
law enforcement officer has | ||||||
4 | probable cause to believe that a motor vehicle , snowmobile, or | ||||||
5 | watercraft
driven or operated by or in actual physical control | ||||||
6 | of a person under the influence of
alcohol, other drug or | ||||||
7 | drugs, or intoxicating compound or
compounds,
or any | ||||||
8 | combination thereof
has caused the death or
personal injury to | ||||||
9 | another, that person shall submit, upon the request of a law
| ||||||
10 | enforcement officer, to a chemical test or tests of his or her | ||||||
11 | blood, breath or
urine for the purpose of
determining the | ||||||
12 | alcohol content thereof or the presence of any other drug or
| ||||||
13 | combination of both.
| ||||||
14 | This provision does not affect the applicability of or | ||||||
15 | imposition of driver's
license , snowmobile operating, or | ||||||
16 | watercraft operating sanctions under Section 11-501.1 of this | ||||||
17 | Code.
| ||||||
18 | 3. For purposes of this Section, a personal injury includes | ||||||
19 | any Type A
injury as indicated on the traffic accident report | ||||||
20 | completed by a law
enforcement officer that requires immediate | ||||||
21 | professional attention in either a
doctor's office or a medical | ||||||
22 | facility. A Type A injury includes severe
bleeding wounds, | ||||||
23 | distorted extremities, and injuries that require the injured
| ||||||
24 | party to be carried from the scene.
| ||||||
25 | (Source: P.A. 96-289, eff. 8-11-09.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
| ||||||
2 | Sec. 11-501.5. Preliminary Breath Screening Test.
| ||||||
3 | (a) If a law enforcement officer has reasonable suspicion | ||||||
4 | to believe
that a person is
violating or has violated Section | ||||||
5 | 11-501 or a similar provision of a local
ordinance, the | ||||||
6 | officer, prior to an arrest, may request the person to
provide | ||||||
7 | a sample of his or her breath for a preliminary breath | ||||||
8 | screening
test using a portable device approved by the | ||||||
9 | Department of State Police.
The person may refuse the test.
The | ||||||
10 | results of this preliminary breath screening test may be used | ||||||
11 | by the
law enforcement officer for the purpose of assisting | ||||||
12 | with the determination
of whether to require a chemical test as | ||||||
13 | authorized under Sections 11-501.1
and 11-501.2, and the | ||||||
14 | appropriate type of test to request. Any chemical
test | ||||||
15 | authorized under Sections 11-501.1 and 11-501.2 may be | ||||||
16 | requested by
the officer regardless of the result of the | ||||||
17 | preliminary breath screening
test, if probable cause for an | ||||||
18 | arrest exists. The result of a preliminary
breath screening | ||||||
19 | test may be used by the defendant as evidence in any
| ||||||
20 | administrative or court proceeding involving a violation of | ||||||
21 | Section 11-501 or
11-501.1.
| ||||||
22 | (b) (Blank). The Department of State Police shall create a | ||||||
23 | pilot program to
establish
the effectiveness of pupillometer | ||||||
24 | technology (the measurement of the pupil's
reaction to light) | ||||||
25 | as a noninvasive technique to detect and measure possible
| ||||||
26 | impairment of any person who drives or is in actual physical |
| |||||||
| |||||||
1 | control of a motor
vehicle resulting from the suspected usage | ||||||
2 | of alcohol, other drug or drugs,
intoxicating compound or | ||||||
3 | compounds or any combination thereof. This technology
shall | ||||||
4 | also be used to detect fatigue levels of the operator of a | ||||||
5 | Commercial
Motor Vehicle as defined in Section 6-500(6), | ||||||
6 | pursuant to Section 18b-105
(Part 395-Hours of Service of | ||||||
7 | Drivers) of the Illinois Vehicle Code.
A State Police officer | ||||||
8 | may request that the operator of a commercial motor
vehicle | ||||||
9 | have his or her eyes examined or tested with a pupillometer | ||||||
10 | device.
The person may refuse the examination or test. The | ||||||
11 | State Police officer shall
have the device readily available to | ||||||
12 | limit undue delays.
| ||||||
13 | If a State Police officer has reasonable suspicion to | ||||||
14 | believe that a
person is violating or has violated Section | ||||||
15 | 11-501, the officer may use the
pupillometer technology, when | ||||||
16 | available. The officer, prior to an arrest, may
request the | ||||||
17 | person to have his or her eyes examined or tested with a
| ||||||
18 | pupillometer device. The person may refuse the examination or | ||||||
19 | test. The
results of this examination or test may be used by
| ||||||
20 | the officer for the purpose of assisting with the determination | ||||||
21 | of whether to
require a chemical test as authorized under | ||||||
22 | Sections 11-501.1 and 11-501.2 and
the appropriate type of test | ||||||
23 | to request. Any chemical test authorized under
Sections | ||||||
24 | 11-501.1 and 11-501.2 may be requested by the officer | ||||||
25 | regardless of
the result of the pupillometer examination or | ||||||
26 | test, if probable cause for an
arrest exists. The result of the |
| |||||||
| |||||||
1 | examination or test may be used by the
defendant as evidence in | ||||||
2 | any administrative or court proceeding involving a
violation of | ||||||
3 | 11-501 or 11-501.1.
| ||||||
4 | The pilot program shall last for a period of 18 months and | ||||||
5 | involve the
testing of 15 pupillometer devices. Within 90 days | ||||||
6 | of the completion of the
pilot project, the Department of State | ||||||
7 | Police shall file a report with the
President of the Senate and | ||||||
8 | Speaker of the House evaluating the project.
| ||||||
9 | (Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00; 92-16, | ||||||
10 | eff.
6-28-01.)
| ||||||
11 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| ||||||
12 | Sec. 11-501.6. Driver or operator involvement in personal | ||||||
13 | injury or fatal motor
vehicle , snowmobile, or watercraft | ||||||
14 | accident - chemical test. | ||||||
15 | (a) Any person who (1) drives or is in actual physical | ||||||
16 | control of a motor vehicle
upon the public highways of this | ||||||
17 | State , (2) operates or is in actual physical control of a | ||||||
18 | snowmobile in this State, or (3) operates or is in actual | ||||||
19 | physical control of a watercraft upon the waters of this State, | ||||||
20 | and who has been involved in a
personal injury or fatal motor | ||||||
21 | vehicle , snowmobile, or watercraft accident, shall be deemed to | ||||||
22 | have
given consent to a breath test using a portable device as | ||||||
23 | approved by the
Department of State Police or to a chemical | ||||||
24 | test or tests
of blood, breath, or
urine for the purpose of | ||||||
25 | determining the content of alcohol,
other
drug or drugs, or |
| |||||||
| |||||||
1 | intoxicating compound or compounds of such
person's blood if | ||||||
2 | arrested as evidenced by the issuance of a Uniform Traffic
| ||||||
3 | Ticket or Illinois Conservation Citation and Complaint for any | ||||||
4 | violation of the Illinois Vehicle Code or a similar provision | ||||||
5 | of
a local ordinance, with the exception of equipment | ||||||
6 | violations contained in
Chapter 12 of this Code, any violation | ||||||
7 | of Article V of the Illinois Snowmobile Registration and Safety | ||||||
8 | Act, or any violation of Article V of the Illinois Boat | ||||||
9 | Registration and Safety Act or similar provisions of local | ||||||
10 | ordinances. The test
or tests shall be administered at the | ||||||
11 | direction of the arresting officer. The
law enforcement agency | ||||||
12 | employing the officer shall designate which of the
aforesaid | ||||||
13 | tests shall be administered. A urine test may be administered | ||||||
14 | even
after a blood or breath test or both has been | ||||||
15 | administered. Compliance with
this Section does not relieve | ||||||
16 | such person from the requirements of Section
11-501.1 of this | ||||||
17 | Code.
| ||||||
18 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
19 | in a
condition rendering such person incapable of refusal shall | ||||||
20 | be deemed not to
have withdrawn the consent provided by | ||||||
21 | subsection (a) of this Section. In
addition, if a driver or | ||||||
22 | operator of a motor vehicle , snowmobile, or watercraft is | ||||||
23 | receiving medical treatment as a
result of a motor vehicle , | ||||||
24 | snowmobile, or watercraft accident, any physician licensed to | ||||||
25 | practice
medicine, registered nurse or a phlebotomist acting | ||||||
26 | under the direction of
a licensed physician shall withdraw |
| |||||||
| |||||||
1 | blood for testing purposes to ascertain
the presence of | ||||||
2 | alcohol, other drug or drugs, or intoxicating
compound or | ||||||
3 | compounds, upon the specific request of a law
enforcement | ||||||
4 | officer. However, no such testing shall be performed until, in
| ||||||
5 | the opinion of the medical personnel on scene, the withdrawal | ||||||
6 | can be made
without interfering with or endangering the | ||||||
7 | well-being of the patient.
| ||||||
8 | (c) A person requested to submit to a test as provided | ||||||
9 | above , who was driving or in actual physical control a motor | ||||||
10 | vehicle on the public highways, shall be
warned by the law | ||||||
11 | enforcement officer requesting the test that a refusal to
| ||||||
12 | submit to the test, or submission to the test resulting in an | ||||||
13 | alcohol
concentration of 0.08 or more, or any amount of a drug, | ||||||
14 | substance,
or intoxicating compound
resulting from the | ||||||
15 | unlawful use or consumption of cannabis, as covered by the
| ||||||
16 | Cannabis Control Act, a controlled substance listed in the | ||||||
17 | Illinois
Controlled Substances Act, an intoxicating compound | ||||||
18 | listed in the Use of
Intoxicating Compounds Act, or | ||||||
19 | methamphetamine as listed in the Methamphetamine Control and | ||||||
20 | Community Protection Act as detected in such person's blood or | ||||||
21 | urine, may
result in the suspension of such person's privilege | ||||||
22 | to drive operate a motor vehicle , operate a snowmobile, and | ||||||
23 | operate a watercraft and may result in the disqualification of | ||||||
24 | the person's privilege to drive operate a commercial motor | ||||||
25 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
26 | person is a CDL holder.
The length of the suspension shall be |
| |||||||
| |||||||
1 | the same as outlined in Section
6-208.1 of this Code regarding | ||||||
2 | statutory summary suspensions.
| ||||||
3 | (c-3) A person requested to submit to a test as provided | ||||||
4 | above, who was operating a snowmobile or watercraft on public | ||||||
5 | property, shall be warned by the law enforcement officer | ||||||
6 | requesting the test that a refusal to submit to the test, or | ||||||
7 | submission to the test resulting in an alcohol concentration of | ||||||
8 | 0.08 or more, or any amount of a drug, substance, or | ||||||
9 | intoxicating compound resulting from the unlawful use or | ||||||
10 | consumption of cannabis, as covered by the Cannabis Control | ||||||
11 | Act, a controlled substance listed in the Illinois Controlled | ||||||
12 | Substances Act, an intoxicating compound listed in the Use of | ||||||
13 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
14 | Methamphetamine Control and Community Protection Act as | ||||||
15 | detected in such person's blood or urine, may result in the | ||||||
16 | suspension of such person's privilege to drive a motor vehicle, | ||||||
17 | operate a snowmobile, and operate a watercraft. The length of | ||||||
18 | the suspension shall be the same as outlined in Section 6-208.1 | ||||||
19 | of this Code regarding statutory summary suspensions. | ||||||
20 | (c-6) A person requested to submit to a test as provided | ||||||
21 | above, who was operating a snowmobile or watercraft on private | ||||||
22 | property, shall be warned by the law enforcement officer | ||||||
23 | requesting the test that a refusal to submit to the test, or | ||||||
24 | submission to the test resulting in an alcohol concentration of | ||||||
25 | 0.08 or more, or any amount of a drug, substance, or | ||||||
26 | intoxicating compound resulting from the unlawful use or |
| |||||||
| |||||||
1 | consumption of cannabis, as covered by the Cannabis Control | ||||||
2 | Act, a controlled substance listed in the Illinois Controlled | ||||||
3 | Substances Act, an intoxicating compound listed in the Use of | ||||||
4 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
5 | Methamphetamine Control and Community Protection Act as | ||||||
6 | detected in such person's blood or urine, may result in the | ||||||
7 | suspension of such person's privilege to operate a snowmobile | ||||||
8 | and watercraft. The length of the suspension shall be the same | ||||||
9 | as outlined in Section 6-208.1 of this Code regarding statutory | ||||||
10 | summary suspensions. | ||||||
11 | (d) (1) If the person refuses testing or submits to a test | ||||||
12 | which discloses
an alcohol concentration of 0.08 or more, or | ||||||
13 | any amount of a drug,
substance,
or intoxicating compound in | ||||||
14 | such person's blood or urine resulting from the
unlawful use or
| ||||||
15 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
16 | controlled
substance listed in the Illinois Controlled | ||||||
17 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
18 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
19 | Methamphetamine Control and Community Protection Act, the law
| ||||||
20 | enforcement officer shall immediately submit a sworn report to | ||||||
21 | the Secretary of
State and Department of Natural Resources on a | ||||||
22 | form prescribed by the Secretary, certifying that the test or | ||||||
23 | tests
were requested pursuant to subsection (a) and the person | ||||||
24 | refused to submit to a
test or tests or submitted to testing | ||||||
25 | which disclosed an alcohol concentration
of 0.08 or more, or | ||||||
26 | any amount of a drug, substance, or intoxicating
compound
in |
| |||||||
| |||||||
1 | such
person's blood or urine, resulting from the unlawful use | ||||||
2 | or consumption of
cannabis listed in the Cannabis Control Act, | ||||||
3 | a controlled substance
listed in
the Illinois Controlled | ||||||
4 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
5 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
6 | Methamphetamine Control and Community Protection Act.
| ||||||
7 | (2) Upon receipt of the sworn report of a law enforcement | ||||||
8 | officer, the
Secretary shall enter the suspension and , if | ||||||
9 | applicable, disqualification of driving privileges if the | ||||||
10 | sworn report indicates the offense occurred on public property, | ||||||
11 | to the individual's driving record and the Department of | ||||||
12 | Natural Resources shall enter the suspension of snowmobile and | ||||||
13 | watercraft privileges and the
suspension and disqualification | ||||||
14 | shall be effective on the 46th day following the date notice of | ||||||
15 | the
suspension was given to the person .
| ||||||
16 | (3) Upon receipt of the sworn report of a law enforcement | ||||||
17 | officer that indicates the offense took place on private | ||||||
18 | property, the Secretary of State shall not enter a suspension | ||||||
19 | or disqualification of driving privileges, and the Department | ||||||
20 | of Natural Resources shall enter the suspension of snowmobile | ||||||
21 | and watercraft operating privileges. | ||||||
22 | (4) The law enforcement officer submitting the sworn report | ||||||
23 | shall serve immediate
notice of this suspension on the person | ||||||
24 | and such suspension and disqualification shall be effective
on | ||||||
25 | the 46th day following the date notice was given.
| ||||||
26 | (5) In cases where the blood alcohol concentration of 0.08 |
| |||||||
| |||||||
1 | or more,
or any amount
of a drug, substance, or intoxicating | ||||||
2 | compound resulting from the unlawful
use or
consumption of | ||||||
3 | cannabis as listed in the Cannabis Control Act, a
controlled
| ||||||
4 | substance listed in the Illinois Controlled Substances Act,
an
| ||||||
5 | intoxicating
compound listed in the Use of Intoxicating | ||||||
6 | Compounds Act, or methamphetamine as listed in the | ||||||
7 | Methamphetamine Control and Community Protection Act, is | ||||||
8 | established by a
subsequent analysis of blood or urine | ||||||
9 | collected at the time of arrest, the
arresting officer shall | ||||||
10 | give notice as provided in this Section or by deposit
in the | ||||||
11 | United States mail of such notice in an envelope with postage | ||||||
12 | prepaid
and addressed to such person at his address as shown on | ||||||
13 | the Uniform Traffic
Ticket or Illinois Conservation Citation | ||||||
14 | and Complaint and the suspension and , if applicable, | ||||||
15 | disqualification shall be effective on the 46th day following | ||||||
16 | the date
notice was given.
| ||||||
17 | (6) Upon receipt of the sworn report of a law enforcement | ||||||
18 | officer indicating the offense occurred on public property , the | ||||||
19 | Secretary
shall also give notice of the suspension of driving, | ||||||
20 | snowmobile operating, and watercraft operating privileges and , | ||||||
21 | if applicable, disqualification to the driver by mailing a | ||||||
22 | notice of
the effective date of the suspension and | ||||||
23 | disqualification to the individual. If the sworn report | ||||||
24 | indicates the offense occurred on private property, the | ||||||
25 | Department of Natural Resources shall give notice of the | ||||||
26 | suspension of snowmobile and watercraft operating privileges. |
| |||||||
| |||||||
1 | However, should the
sworn report be defective by not containing | ||||||
2 | sufficient information or be
completed in error, the notice of | ||||||
3 | the suspension and disqualification shall not be mailed to the
| ||||||
4 | person or entered to the driving record, but rather the sworn | ||||||
5 | report shall be
returned to the issuing law enforcement agency. | ||||||
6 | The issuing law enforcement agency may cure a sworn report | ||||||
7 | returned as defective by either completing a new sworn report | ||||||
8 | or amending the defective report. The law enforcement officer | ||||||
9 | shall give notice of the new or amended sworn report to the | ||||||
10 | person by personal service or by depositing a copy of the new | ||||||
11 | or amended sworn report in the United States mail with postage | ||||||
12 | prepaid and addressed to such person at his address as shown on | ||||||
13 | the Uniform Traffic Ticket or Illinois Conservation Citation | ||||||
14 | and Complaint. The suspension and, if applicable, | ||||||
15 | disqualification, shall be effective on the 46th day following | ||||||
16 | the date notice was given.
| ||||||
17 | (e) If the person was driving a motor vehicle when involved | ||||||
18 | in an accident resulting in personal injury or fatality, the | ||||||
19 | person A driver may contest this suspension of his or her
| ||||||
20 | driving , snowmobile operating, and watercraft operating | ||||||
21 | privileges and disqualification of his or her CDL privileges by
| ||||||
22 | requesting an administrative hearing with the Secretary in | ||||||
23 | accordance with
Section 2-118 of this Code. At the conclusion | ||||||
24 | of a hearing held under
Section 2-118 of this Code, the | ||||||
25 | Secretary may rescind, continue, or modify the
orders
of | ||||||
26 | suspension and disqualification. If rescission is granted, |
| |||||||
| |||||||
1 | driving, snowmobile operating, and watercraft operating | ||||||
2 | privileges shall be restored. The Secretary shall notify the | ||||||
3 | Department of Natural Resources if the suspension and | ||||||
4 | disqualification are rescinded. If the Secretary does not | ||||||
5 | rescind the orders of suspension and disqualification, a | ||||||
6 | restricted
driving permit to drive a motor vehicle may be | ||||||
7 | granted by the Secretary upon application being made and
good | ||||||
8 | cause shown. A restricted driving permit may be granted to | ||||||
9 | relieve undue
hardship in accordance with to allow driving for | ||||||
10 | employment, educational, and medical purposes as
outlined in | ||||||
11 | Section 6-206 of this Code. The provisions of Section 6-206 of
| ||||||
12 | this Code shall apply. In accordance with 49 C.F.R. 384, the | ||||||
13 | Secretary of State may not issue a restricted driving permit to | ||||||
14 | drive for the operation of a commercial motor vehicle to a | ||||||
15 | person holding a CDL whose driving privileges have been | ||||||
16 | suspended, revoked, cancelled, or disqualified.
| ||||||
17 | (e-5) If the person was operating a snowmobile or | ||||||
18 | watercraft when involved in an accident resulting in personal | ||||||
19 | injury or fatality, that person may contest this suspension of | ||||||
20 | his or her driving, snowmobile operating, and watercraft | ||||||
21 | operating privileges by requesting an administrative hearing | ||||||
22 | with the Department of Natural Resources. The Department of | ||||||
23 | Natural Resources shall have all authority provided for in | ||||||
24 | Section 2-118 of this Code when conducting these hearings. At | ||||||
25 | the conclusion of a hearing, the Department of Natural | ||||||
26 | Resources may rescind, continue or modify the order of |
| |||||||
| |||||||
1 | suspension. If rescission is granted, driving, snowmobile | ||||||
2 | operating, and watercraft operating privileges shall be | ||||||
3 | restored. The Department of Natural Resources shall notify the | ||||||
4 | Secretary if the suspension is rescinded. If the Department of | ||||||
5 | Natural Resources does not rescind the order of suspension and | ||||||
6 | the person wishes to apply for a restricted driving permit to | ||||||
7 | drive a motor vehicle, the person must make such application to | ||||||
8 | the Secretary of State. A restricted driving permit may be | ||||||
9 | granted to relieve undue hardship in accordance with Section | ||||||
10 | 6-206 of this Code. In accordance with 49 C.F.R. 384, the | ||||||
11 | Secretary of State may not issue a restricted driving permit | ||||||
12 | for the operation of a commercial motor vehicle to a person | ||||||
13 | holding a CDL whose driving privileges have been suspended, | ||||||
14 | revoked, cancelled, or disqualified. | ||||||
15 | (f) (Blank).
| ||||||
16 | (g) For the purposes of this Section, a personal injury | ||||||
17 | shall include
any type A injury as indicated on the traffic | ||||||
18 | accident report completed
by a law enforcement officer that | ||||||
19 | requires immediate professional attention
in either a doctor's | ||||||
20 | office or a medical facility. A type A injury shall
include | ||||||
21 | severely bleeding wounds, distorted extremities, and injuries | ||||||
22 | that
require the injured party to be carried from the scene.
| ||||||
23 | (Source: P.A. 95-382, eff. 8-23-07.)
| ||||||
24 | (625 ILCS 5/11-501.8)
| ||||||
25 | Sec. 11-501.8. Suspension of driver's license , snowmobile |
| |||||||
| |||||||
1 | operating privileges, and watercraft operating privileges ; | ||||||
2 | persons under age 21.
| ||||||
3 | (a) A person who is less than 21 years of age and who (1) | ||||||
4 | drives or
is in actual physical control of a motor vehicle upon | ||||||
5 | the
public highways of this State , (2) operates or is in actual | ||||||
6 | physical control of a snowmobile in this State, or (3) operates | ||||||
7 | or is in actual physical control of a watercraft upon the | ||||||
8 | waters of this State shall be deemed to have given consent to a
| ||||||
9 | chemical test or tests of blood, breath, or urine for the | ||||||
10 | purpose of
determining the alcohol content of the person's | ||||||
11 | blood if arrested, as evidenced
by the issuance of a Uniform | ||||||
12 | Traffic Ticket or an Illinois Conservation Citation and | ||||||
13 | Complaint for any violation of the Illinois
Vehicle Code or a | ||||||
14 | similar provision of a local ordinance, if a police officer
has | ||||||
15 | probable cause to believe that the driver or operator has | ||||||
16 | consumed any amount of an
alcoholic beverage based upon | ||||||
17 | evidence of the driver's or operator's physical condition or
| ||||||
18 | other first hand knowledge of the police officer. The test or | ||||||
19 | tests shall be
administered at the direction of the arresting | ||||||
20 | officer. The law enforcement
agency employing the officer shall | ||||||
21 | designate which of the aforesaid tests shall
be administered. A | ||||||
22 | urine test may be administered even after a blood or
breath | ||||||
23 | test or both has been administered.
| ||||||
24 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
25 | in a condition
rendering that person incapable of refusal, | ||||||
26 | shall be deemed not to have
withdrawn the consent provided by |
| |||||||
| |||||||
1 | paragraph (a) of this Section . and the test or
tests may be | ||||||
2 | administered subject to the following provisions:
| ||||||
3 | (i) Chemical analysis of the person's blood, urine, | ||||||
4 | breath, or
other bodily substance, to be considered valid | ||||||
5 | under the provisions of this
Section, shall have been | ||||||
6 | performed according to standards promulgated by the | ||||||
7 | Department of State
Police
by an individual possessing a | ||||||
8 | valid permit issued by that Department for this
purpose. | ||||||
9 | The Director of State Police is authorized to approve | ||||||
10 | satisfactory
techniques or methods, to ascertain the | ||||||
11 | qualifications and competence of
individuals to conduct | ||||||
12 | analyses, to issue permits that shall be subject to
| ||||||
13 | termination or revocation at the direction of that | ||||||
14 | Department, and to certify
the accuracy of breath testing | ||||||
15 | equipment. The Department of
State Police shall prescribe | ||||||
16 | regulations as necessary.
| ||||||
17 | (ii) When a person submits to a blood test at the | ||||||
18 | request of a law
enforcement officer under the provisions | ||||||
19 | of this Section, only a physician
authorized to practice | ||||||
20 | medicine, a registered nurse, or other qualified person
| ||||||
21 | trained in venipuncture and acting under the direction of a | ||||||
22 | licensed physician
may withdraw blood for the purpose of | ||||||
23 | determining the alcohol content therein.
This limitation | ||||||
24 | does not apply to the taking of breath or urine specimens.
| ||||||
25 | (iii) The person tested may have a physician, qualified | ||||||
26 | technician,
chemist, registered nurse, or other qualified |
| |||||||
| |||||||
1 | person of his or her own choosing
administer a chemical | ||||||
2 | test or tests in addition to any test or tests
administered | ||||||
3 | at the direction of a law enforcement officer. The failure | ||||||
4 | or
inability to obtain an additional test by a person shall | ||||||
5 | not preclude the
consideration of the previously performed | ||||||
6 | chemical test.
| ||||||
7 | (iv) Upon a request of the person who submits to a | ||||||
8 | chemical test or
tests at the request of a law enforcement | ||||||
9 | officer, full information concerning
the test or tests | ||||||
10 | shall be made available to the person or that person's
| ||||||
11 | attorney.
| ||||||
12 | (v) Alcohol concentration means either grams of | ||||||
13 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
14 | per 210 liters of breath.
| ||||||
15 | (vi) If a driver is receiving medical treatment as a | ||||||
16 | result of a motor
vehicle accident, a physician licensed to | ||||||
17 | practice medicine, registered nurse,
or other qualified | ||||||
18 | person trained in venipuncture and
acting under the | ||||||
19 | direction of a licensed physician shall
withdraw blood for | ||||||
20 | testing purposes to ascertain the presence of alcohol upon
| ||||||
21 | the specific request of a law enforcement officer. However, | ||||||
22 | that testing
shall not be performed until, in the opinion | ||||||
23 | of the medical personnel on scene,
the withdrawal can be | ||||||
24 | made without interfering with or endangering the
| ||||||
25 | well-being of the patient.
| ||||||
26 | (b-5) Chemical analysis of the person's blood, urine, |
| |||||||
| |||||||
1 | breath or bodily substance shall be conducted in accordance | ||||||
2 | with Section 11-501.2 of this Code. | ||||||
3 | (c) A person requested to submit to a test as provided | ||||||
4 | above who was driving or in actual physical control a motor | ||||||
5 | vehicle on public property shall be warned
by the law | ||||||
6 | enforcement officer requesting the test that a refusal to | ||||||
7 | submit to
the test, or submission to the test resulting in an | ||||||
8 | alcohol concentration of
more than 0.00, may result in the loss | ||||||
9 | of that person's privilege to drive operate a
motor vehicle , | ||||||
10 | operate a snowmobile, and operate a watercraft and may result | ||||||
11 | in the disqualification of the person's privilege to drive | ||||||
12 | operate a commercial motor vehicle, as provided in Section | ||||||
13 | 6-514 of this Code, if the person is a CDL holder. The loss of | ||||||
14 | driving , snowmobile operating, and watercraft operating | ||||||
15 | privileges shall be imposed in accordance
with Section 6-208.2 | ||||||
16 | of this Code.
| ||||||
17 | (c-3) A person requested to submit to a test as provided | ||||||
18 | above who was operating a snowmobile or watercraft on public | ||||||
19 | property shall be warned by the law enforcement officer | ||||||
20 | requesting the test that a refusal to submit to the test, or | ||||||
21 | submission to the test resulting in an alcohol concentration of | ||||||
22 | more than 0.00, may result in the loss of that person's | ||||||
23 | privilege to drive a motor vehicle, operate a snowmobile, and | ||||||
24 | operate a watercraft. The loss of driving, snowmobile | ||||||
25 | operating, and watercraft operating privileges shall be | ||||||
26 | imposed in accordance with Section 6-208.2 of this Code. |
| |||||||
| |||||||
1 | (c-6) A person requested to submit to a test as provided | ||||||
2 | above who was operating a snowmobile or watercraft on private | ||||||
3 | property shall be warned by the law enforcement officer | ||||||
4 | requesting the test that a refusal to submit to the test, or | ||||||
5 | submission to the test resulting in an alcohol concentration of | ||||||
6 | more than 0.00, may result in the loss of that person's | ||||||
7 | privilege to operate a snowmobile and watercraft. The loss of | ||||||
8 | snowmobile and watercraft operating privileges shall be | ||||||
9 | imposed in accordance with Section 6-208.2 of this Code. | ||||||
10 | (d) (1) If the person refuses testing or submits to a test | ||||||
11 | that discloses an
alcohol concentration of more than 0.00, the | ||||||
12 | law enforcement officer shall
immediately submit a sworn report | ||||||
13 | to the Secretary of State and Department of Natural Resources | ||||||
14 | on a form
prescribed by the Secretary of State, certifying that | ||||||
15 | the test or tests were
requested under subsection (a) and the | ||||||
16 | person refused to submit to a test
or tests or submitted to | ||||||
17 | testing which disclosed an alcohol concentration of
more than | ||||||
18 | 0.00. The law enforcement officer shall submit the same sworn | ||||||
19 | report
when a person under the age of 21 submits to testing | ||||||
20 | under Section
11-501.1 of this Code and the testing discloses | ||||||
21 | an alcohol concentration of
more than 0.00 and less than 0.08.
| ||||||
22 | (2) Upon receipt of the sworn report of a law enforcement | ||||||
23 | officer, the Secretary
of State shall enter the suspension of | ||||||
24 | driving privileges and , if applicable, disqualification , if | ||||||
25 | the offense occurred on public property, on the individual's | ||||||
26 | driving
record , and the Department of Natural Resources shall |
| |||||||
| |||||||
1 | enter the suspension of snowmobile and watercraft operating | ||||||
2 | privileges and the suspension and disqualification shall be | ||||||
3 | effective on the 46th day following the date
notice of the | ||||||
4 | suspension was given to the person . If this suspension is the
| ||||||
5 | individual's first driver's license suspension under this | ||||||
6 | Section, reports
received by the Secretary of State and | ||||||
7 | Department of Natural Resources under this Section shall, | ||||||
8 | except during the
time the suspension is in effect, be | ||||||
9 | privileged information and for use only by
the courts, police | ||||||
10 | officers, prosecuting authorities, the Secretary of State,
the | ||||||
11 | Department of Natural Resources, or the individual personally. | ||||||
12 | However, beginning January 1, 2008, if the person is a CDL | ||||||
13 | holder, the report of suspension shall also be made available | ||||||
14 | to the driver licensing administrator of any other state, the | ||||||
15 | U.S. Department of Transportation, and the affected driver or | ||||||
16 | motor carrier or prospective motor carrier upon request.
| ||||||
17 | Reports received by the Secretary of State under this Section | ||||||
18 | shall also be made available to the parent or guardian of a | ||||||
19 | person under the age of 18 years that holds an instruction | ||||||
20 | permit or a graduated driver's license, regardless of whether | ||||||
21 | the suspension is in effect.
| ||||||
22 | (3) The law enforcement officer submitting the sworn report | ||||||
23 | shall serve immediate
notice of this suspension on the person | ||||||
24 | and the suspension and disqualification shall
be effective on | ||||||
25 | the 46th day following the date notice was given.
| ||||||
26 | (4) In cases where the blood alcohol concentration of more |
| |||||||
| |||||||
1 | than 0.00 is
established by a subsequent analysis of blood or | ||||||
2 | urine, the police officer or
arresting agency shall give notice | ||||||
3 | as provided in this Section or by deposit
in the United States | ||||||
4 | mail of that notice in an envelope with postage prepaid
and | ||||||
5 | addressed to that person at his last known address and the loss | ||||||
6 | of driving , snowmobile operating, and watercraft operating
| ||||||
7 | privileges shall be effective on the 46th day following the | ||||||
8 | date notice was
given.
| ||||||
9 | (5) Upon receipt of the sworn report of a law enforcement | ||||||
10 | officer indicating the offense occurred on public property , the | ||||||
11 | Secretary
of State shall also give notice of the suspension | ||||||
12 | and , if applicable, disqualification of snowmobile and | ||||||
13 | watercraft operating privileges to the driver
by mailing a | ||||||
14 | notice of the effective date of the suspension and | ||||||
15 | disqualification to the individual.
If the sworn report | ||||||
16 | indicates the offense occurred on private property, the | ||||||
17 | Department of Natural Resources shall give notice to the driver | ||||||
18 | of the suspension of snowmobile and watercraft operating | ||||||
19 | privileges. However, should the sworn report be defective by | ||||||
20 | not containing sufficient
information or be completed in error, | ||||||
21 | the notice of the suspension and disqualification shall not be | ||||||
22 | mailed to the person or entered to the driving record,
but | ||||||
23 | rather the sworn report shall be returned to the issuing law | ||||||
24 | enforcement
agency. The issuing law enforcement agency may cure | ||||||
25 | a sworn report returned as effective by either completing a new | ||||||
26 | sworn report or amending the defective report. The law |
| |||||||
| |||||||
1 | enforcement officer shall give notice of the new or amended | ||||||
2 | sworn report to the person by personal service or by depositing | ||||||
3 | a copy of the new or amended sworn report in the United States | ||||||
4 | mail with postage prepaid and addressed to such person at his | ||||||
5 | address as shown on the Uniform Traffic Ticket or Illinois | ||||||
6 | Conservation Citation and Complaint. The suspension and, if | ||||||
7 | applicable, disqualification shall be effective on the 46th day | ||||||
8 | following the date notice was given.
| ||||||
9 | (e) If the person was operating a motor vehicle, the person | ||||||
10 | A driver may contest this suspension and disqualification of | ||||||
11 | driving privileges and the suspension of snowmobile and | ||||||
12 | watercraft operating privileges by requesting an
| ||||||
13 | administrative hearing with the Secretary of State in | ||||||
14 | accordance with Section
2-118 of this Code. An individual whose | ||||||
15 | blood alcohol concentration is shown
to be more than 0.00 is | ||||||
16 | not subject to this Section if he or she consumed
alcohol in | ||||||
17 | the performance of a religious service or ceremony. An | ||||||
18 | individual
whose blood alcohol concentration is shown to be | ||||||
19 | more than 0.00 shall not be
subject to this Section if the | ||||||
20 | individual's blood alcohol concentration
resulted only from | ||||||
21 | ingestion of the prescribed or recommended dosage of
medicine | ||||||
22 | that contained alcohol. The petition for that hearing shall not | ||||||
23 | stay
or delay the effective date of the impending suspension. | ||||||
24 | (e-2) If the person was operating a snowmobile or | ||||||
25 | watercraft, the person may contest the suspension of driving, | ||||||
26 | snowmobile operating, and watercraft operating privileges by |
| |||||||
| |||||||
1 | requesting an administrative hearing with the Department of | ||||||
2 | Natural Resources. The Department of Natural Resources shall | ||||||
3 | have all authority provided for in Section 2-118 of this Code | ||||||
4 | when conducting of these hearings. An individual whose blood | ||||||
5 | alcohol concentration is shown to be more than 0.00 is not | ||||||
6 | subject to this Section if he or she consumed alcohol in the | ||||||
7 | performance of a religious service or ceremony. An individual | ||||||
8 | whose blood alcohol concentration is shown to be more than 0.00 | ||||||
9 | shall not be subject to this Section if the individual's blood | ||||||
10 | alcohol concentration resulted only from ingestion of the | ||||||
11 | prescribed or recommended dosage of medicine that contained | ||||||
12 | alcohol. The petition for hearing shall not stay or delay the | ||||||
13 | effective date of the impending suspension. | ||||||
14 | (e-4) The scope of this
hearing shall be limited to the | ||||||
15 | issues of:
| ||||||
16 | (1) whether the police officer had probable cause to | ||||||
17 | believe that the
person was driving , operating, or in | ||||||
18 | actual physical control of (1) a motor vehicle upon the
| ||||||
19 | public highways of the State , (2) a snowmobile in this | ||||||
20 | State, or (3) a watercraft upon the waters of this State | ||||||
21 | and the police officer had reason to believe that
the | ||||||
22 | person was in violation of any provision of the Illinois | ||||||
23 | Vehicle Code or a
similar provision of a local ordinance; | ||||||
24 | and
| ||||||
25 | (2) whether the person was issued a Uniform Traffic | ||||||
26 | Ticket or an Illinois Conservation Citation and Complaint |
| |||||||
| |||||||
1 | for any
violation of the Illinois Vehicle Code or a similar | ||||||
2 | provision of a local
ordinance; and
| ||||||
3 | (3) whether the police officer had probable cause to | ||||||
4 | believe that the
driver or operator
had consumed any amount | ||||||
5 | of an alcoholic beverage based upon the driver's
or | ||||||
6 | operator's physical actions or other first-hand knowledge | ||||||
7 | of the police officer; and
| ||||||
8 | (4) whether the person, after being advised by the | ||||||
9 | officer that the
privilege to drive operate a motor | ||||||
10 | vehicle , operate a snowmobile, and operate a watercraft | ||||||
11 | would be suspended if the person refused
to submit to and | ||||||
12 | complete the test or tests, did refuse to submit to or
| ||||||
13 | complete the test or tests to determine the person's | ||||||
14 | alcohol concentration;
and
| ||||||
15 | (5) whether the person, after being advised by the | ||||||
16 | officer that the
privileges to drive operate a motor | ||||||
17 | vehicle , operate a snowmobile, and operate a watercraft | ||||||
18 | would be suspended if the person submits
to a chemical test | ||||||
19 | or tests and the test or tests disclose an alcohol
| ||||||
20 | concentration of more than 0.00, did submit to and
complete | ||||||
21 | the
test or tests that determined an alcohol concentration | ||||||
22 | of more than 0.00; and
| ||||||
23 | (6) whether the test result of an alcohol concentration | ||||||
24 | of more than 0.00
was based upon the person's consumption | ||||||
25 | of alcohol in the performance of a
religious service or | ||||||
26 | ceremony; and
|
| |||||||
| |||||||
1 | (7) whether the test result of an alcohol concentration | ||||||
2 | of more than 0.00
was based upon the person's consumption | ||||||
3 | of alcohol through ingestion of the
prescribed or | ||||||
4 | recommended dosage of medicine.
| ||||||
5 | (e-6) At the conclusion of the hearing before the Secretary | ||||||
6 | of State held under Section 2-118 of
this Code, the Secretary | ||||||
7 | of State may rescind, continue, or modify the suspension and | ||||||
8 | disqualification. If the Secretary of State does not rescind | ||||||
9 | the suspension and disqualification, a
restricted driving | ||||||
10 | permit may be granted by the Secretary of State upon
| ||||||
11 | application being made and good cause shown. A restricted | ||||||
12 | driving permit may be
granted to relieve undue hardship in | ||||||
13 | accordance with by allowing driving for employment,
| ||||||
14 | educational, and medical purposes as outlined in item (3) of | ||||||
15 | part (c) of
Section 6-206 of this Code. The provisions of item | ||||||
16 | (3) of part (c) of Section
6-206 of this Code and of subsection | ||||||
17 | (f) of that Section shall apply. The Secretary of State shall | ||||||
18 | promulgate rules
providing for participation in an alcohol | ||||||
19 | education and awareness program or
activity, a drug education | ||||||
20 | and awareness program or activity, or both as a
condition to | ||||||
21 | the issuance of a restricted driving permit for suspensions
| ||||||
22 | imposed under this Section.
| ||||||
23 | (e-8) At the conclusion of the hearing before Department of | ||||||
24 | Natural Resources held under Section 2-118 of this Code, the | ||||||
25 | Department of Natural Resources may rescind, continue, or | ||||||
26 | modify the suspension. If rescission is granted, driving, |
| |||||||
| |||||||
1 | snowmobile operating, and watercraft operating privileges | ||||||
2 | shall be restored. The Department of Natural Resources shall | ||||||
3 | notify the Secretary of State of any rescission. If the | ||||||
4 | Department of Natural Resources does not rescind the suspension | ||||||
5 | and the person wishes to apply for a restricted driving permit | ||||||
6 | to drive a motor vehicle, the person must make such application | ||||||
7 | to the Secretary of State. A restricted driving permit may be | ||||||
8 | granted to relieve undue hardship in accordance with Section | ||||||
9 | 6-206 of this Code. In accordance with 49 C.F.R. 384, the | ||||||
10 | Secretary of State may not issue a restricted driving permit to | ||||||
11 | drive a commercial motor vehicle to a person holding a CDL | ||||||
12 | whose driving privileges have been suspended, revoked, | ||||||
13 | cancelled or disqualified. | ||||||
14 | (e-10) The Secretary of State shall promulgate rules | ||||||
15 | providing for participation in an alcohol education and | ||||||
16 | awareness program or activity, a drug education and awareness | ||||||
17 | program or activity, or both as a condition to the issuance of | ||||||
18 | a restricted driving permit for suspensions imposed under this | ||||||
19 | Section. | ||||||
20 | (f) The results of any chemical testing performed in | ||||||
21 | accordance with
subsection (a) of this Section are not | ||||||
22 | admissible in any civil or criminal
proceeding, except that the | ||||||
23 | results of the testing may be considered at a
hearing held | ||||||
24 | under Section 2-118 of this Code. However, the results of
the | ||||||
25 | testing may not be used to impose driver's license sanctions | ||||||
26 | under
Section 11-501.1 of this Code. A law enforcement officer |
| |||||||
| |||||||
1 | may, however, pursue
a statutory summary suspension of driving | ||||||
2 | privileges under Section 11-501.1 of
this Code if other | ||||||
3 | physical evidence or first hand knowledge forms the basis
of | ||||||
4 | that suspension.
| ||||||
5 | (g) This Section applies only to drivers who are under
age | ||||||
6 | 21 at the time of the issuance of a Uniform Traffic Ticket or | ||||||
7 | an Illinois Conservation Citation and Complaint for a
violation | ||||||
8 | of the Illinois Vehicle Code or a similar provision of a local
| ||||||
9 | ordinance, and a chemical test request is made under this | ||||||
10 | Section.
| ||||||
11 | (h) The action of the Secretary of State or Department of | ||||||
12 | Natural Resources in suspending, revoking, cancelling, or
| ||||||
13 | disqualifying any license , privilege, or
permit shall be
| ||||||
14 | subject to judicial review in the Circuit Court of Sangamon | ||||||
15 | County or in the
Circuit Court of Cook County or in the Circuit | ||||||
16 | Court of Jefferson County , and the provisions of the | ||||||
17 | Administrative Review
Law and its rules are hereby adopted and | ||||||
18 | shall apply to and govern every action
for the judicial review | ||||||
19 | of final acts or decisions of the Secretary of State and | ||||||
20 | Department of Natural Resources
under this Section.
| ||||||
21 | (Source: P.A. 94-307, eff. 9-30-05; 95-201, eff. 1-1-08; | ||||||
22 | 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-876, eff. | ||||||
23 | 8-21-08.)
| ||||||
24 | Section 10. The Snowmobile Registration and Safety Act is | ||||||
25 | amended by changing Sections 2-2, 5-7.3, 10-1, and 10-2 as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (625 ILCS 40/2-2) (from Ch. 95 1/2, par. 602-2)
| ||||||
3 | Sec. 2-2. Inspection; seizure; impoundment.
| ||||||
4 | (a) Agents of the Department or other duly authorized | ||||||
5 | police officers
may
stop and inspect any snowmobile at any time | ||||||
6 | for the purpose of determining
if the provisions of this Act | ||||||
7 | are being complied with. If the inspecting
officer or agent | ||||||
8 | discovers any violation of the provisions of this Act, he
must | ||||||
9 | issue a summons to the operator of such snowmobile requiring | ||||||
10 | that the
operator appear before the circuit court for the | ||||||
11 | county within which the
offense was committed.
| ||||||
12 | (b) Every snowmobile subject to this Act, if under way and | ||||||
13 | upon being
hailed
by a designated law enforcement officer, must | ||||||
14 | stop immediately.
| ||||||
15 | (c) Agents of the Department and other duly authorized | ||||||
16 | police officers may
seize and impound, at the owner's expense, | ||||||
17 | any snowmobile involved in an
accident or a violation of | ||||||
18 | subsection B of Section 5-1 or of Section 11-501 of the | ||||||
19 | Illinois Vehicle Code 5-7 of
this Act .
| ||||||
20 | (d) If a snowmobile is causing a traffic hazard because of | ||||||
21 | its position
in
relation to the highway or its physical | ||||||
22 | appearance is causing the impeding
of traffic, its immediate | ||||||
23 | removal from the highway or private property
adjacent to the | ||||||
24 | highway by a towing service may be authorized by a law
| ||||||
25 | enforcement agency having jurisdiction.
|
| |||||||
| |||||||
1 | (e) Whenever a peace officer reasonably believes that a | ||||||
2 | person under arrest
for a violation of subsection B of Section | ||||||
3 | 5-1 or Section 11-501 of the Illinois Vehicle Code 5-7 of this | ||||||
4 | Act or
similar provision of a local ordinance, is likely, upon | ||||||
5 | release, to commit a
subsequent violation of subsection B of | ||||||
6 | Section 5-1 or 11-501 of the Illinois Vehicle Code Section 5-7 | ||||||
7 | or a similar
provision of a local ordinance, the arresting | ||||||
8 | officer shall have the
snowmobile which the person was | ||||||
9 | operating at the time of the arrest
impounded for a period of | ||||||
10 | not more than 12 hours after the time of the
arrest. The | ||||||
11 | snowmobile may be released by the arresting law enforcement
| ||||||
12 | agency without impoundment, or may be released prior to the end | ||||||
13 | of the
impoundment period, however, if:
| ||||||
14 | (1) the snowmobile was not owned by the person under | ||||||
15 | arrest, and
the lawful owner requesting release of the | ||||||
16 | snowmobile possesses
proof of ownership, and would not, as | ||||||
17 | determined by the arresting
law enforcement agency: (i) | ||||||
18 | indicate a lack of ability to operate a
snowmobile in a | ||||||
19 | safe manner, or (ii) otherwise, by
operating the | ||||||
20 | snowmobile, be in violation of this Act; or
| ||||||
21 | (2) the snowmobile is owned by the person under arrest, | ||||||
22 | and the
person under arrest gives permission to another | ||||||
23 | person to operate the
snowmobile, and the other person | ||||||
24 | would not, as
determined by the arresting law enforcement | ||||||
25 | agency: (i) indicate a
lack of ability to operate a | ||||||
26 | snowmobile in a safe manner, or (ii)
otherwise, by |
| |||||||
| |||||||
1 | operating the snowmobile, be in violation of
this Act.
| ||||||
2 | (f) Whenever a registered owner of a snowmobile is taken | ||||||
3 | into custody for operating the snowmobile in violation of | ||||||
4 | Section 11-501 of the Illinois Vehicle Code or a similar | ||||||
5 | provision of a local ordinance, a law enforcement officer may | ||||||
6 | have the snowmobile immediately impounded for a period not less | ||||||
7 | than: | ||||||
8 | (1) 24 hours for a second violation of Section 11-501 | ||||||
9 | of the Illinois Vehicle Code or a similar provision of a | ||||||
10 | local ordinance; or | ||||||
11 | (2) 48 hours for a third violation of Section 11-501 of | ||||||
12 | the Illinois
Vehicle Code or a similar provision of a local | ||||||
13 | ordinance. | ||||||
14 | The snowmobile may be released sooner if the snowmobile is | ||||||
15 | owned by the person under arrest and the person under arrest | ||||||
16 | gives permission to another person to operate the snowmobile | ||||||
17 | and that other person possesses valid snowmobile privileges and | ||||||
18 | would not, as determined by the arresting law enforcement | ||||||
19 | agency, indicate a lack of ability to operate a snowmobile in a | ||||||
20 | safe manner or would otherwise, by operating the snowmobile, be | ||||||
21 | in violation of the Illinois Vehicle Code or this Act. | ||||||
22 | (Source: P.A. 93-156, eff. 1-1-04.)
| ||||||
23 | (625 ILCS 40/10-1) (from Ch. 95 1/2, par. 610-1)
| ||||||
24 | Sec. 10-1. Violations.
| ||||||
25 | (a) Except as otherwise provided in this Act, a person who
|
| |||||||
| |||||||
1 | violates any of the provisions of this Act is guilty of a Class | ||||||
2 | C
misdemeanor.
| ||||||
3 | (b) A person who violates subsection (B) of Section 5-1 of | ||||||
4 | this Act
is guilty of a Class B misdemeanor.
| ||||||
5 | (c) A person who violates Section 2-4 or Section 5-7.3 of | ||||||
6 | this Act
is guilty of a Class A misdemeanor.
| ||||||
7 | (Source: P.A. 89-55, eff. 1-1-96.)
| ||||||
8 | (625 ILCS 40/10-2)
| ||||||
9 | Sec. 10-2. Denial of operating privilege. A person who is | ||||||
10 | convicted
of a violation
of subsection (B) of Section 5-1 or | ||||||
11 | Section 5-7 of this Act, in addition to
other penalties | ||||||
12 | authorized in this Act, may in the discretion of the court be
| ||||||
13 | refused the privilege to operate a snowmobile in this State for | ||||||
14 | a period of
one year or more.
| ||||||
15 | (Source: P.A. 89-55, eff. 1-1-96.)
| ||||||
16 | Section 20. The Boat Registration and Safety Act is amended | ||||||
17 | by changing Sections 2-2 and 5-22 as follows:
| ||||||
18 | (625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2)
| ||||||
19 | Sec. 2-2. Inspection; removal; impoundment.
| ||||||
20 | (a) Agents of the Department or other duly
authorized | ||||||
21 | police officers may board and inspect any boat at any time for
| ||||||
22 | the purpose of determining if this Act is being complied with. | ||||||
23 | If the
boarding officer or agent discovers any violation of |
| |||||||
| |||||||
1 | this Act, he may issue
a summons to the operator of the boat | ||||||
2 | requiring that the operator appear
before the circuit court for | ||||||
3 | the county within which the offense was committed.
| ||||||
4 | (b) Every vessel subject to this Act, if under way and upon | ||||||
5 | being hailed by
a designated law enforcement officer, must stop | ||||||
6 | immediately and lay to.
| ||||||
7 | (c) Agents of the Department and other duly authorized | ||||||
8 | police officers
may enforce all federal laws and regulations | ||||||
9 | which have been mutually
agreed upon by the federal and state | ||||||
10 | governments and are applicable to the
operation of watercraft | ||||||
11 | on navigable waters and federal impoundments where
concurrent | ||||||
12 | jurisdiction exists between the federal and state governments.
| ||||||
13 | (d) Agents of the Department and other duly authorized | ||||||
14 | police officers
may seize and impound, at the owner's or | ||||||
15 | operator's expense, any
watercraft involved in a boating | ||||||
16 | accident or a violation of Section 3A-21,
5-1, or 5-2 , or 5-16 | ||||||
17 | of this Act or Section 11-501 of the Illinois Vehicle Code | ||||||
18 | while operating a watercraft .
| ||||||
19 | (e) If a watercraft is causing a traffic hazard because of | ||||||
20 | its position on
a waterway or its physical appearance is | ||||||
21 | causing the impeding of traffic, its
immediate removal from the | ||||||
22 | waterway by a towing service may be authorized by
a law | ||||||
23 | enforcement agency having jurisdiction.
| ||||||
24 | (f) Whenever a peace officer reasonably believes that a | ||||||
25 | person under
arrest for a violation of Section 5-1, or 5-2 or | ||||||
26 | 5-16 of this Act , Section 11-501 of the Illinois Vehicle Code, |
| |||||||
| |||||||
1 | or similar
provision of a local ordinance, is likely, upon | ||||||
2 | release, to commit a subsequent
violation of Section 5-1 or , | ||||||
3 | 5-2 of this Act, Section 11-501 of the Illinois Vehicle Code, | ||||||
4 | or 5-16 or a similar provision of a local
ordinance, the | ||||||
5 | arresting officer shall have the watercraft which the person | ||||||
6 | was
operating at the time of the arrest impounded for a period | ||||||
7 | of not more than 12
hours after the time of the arrest. The | ||||||
8 | watercraft may be released by the
arresting law enforcement | ||||||
9 | agency without impoundment, or may be released prior
to the end | ||||||
10 | of the impoundment period, however, if:
| ||||||
11 | (1) the watercraft was not owned by the person under | ||||||
12 | arrest, and
the lawful owner requesting release possesses | ||||||
13 | proof of ownership, and
would not, as determined by the | ||||||
14 | arresting law enforcement agency: (i)
indicate a lack of | ||||||
15 | ability to operate a watercraft in a safe manner, or (ii)
| ||||||
16 | otherwise, by operating the watercraft, be in violation of | ||||||
17 | this Act; or
| ||||||
18 | (2) the watercraft is owned by the person under arrest, | ||||||
19 | and the
person under arrest gives permission to another | ||||||
20 | person to operate the
watercraft, and the other person | ||||||
21 | would not, as determined by the
arresting law enforcement | ||||||
22 | agency: (i) indicate a lack of ability to operate a
| ||||||
23 | watercraft in a safe manner, or (ii) otherwise, by | ||||||
24 | operating the watercraft,
be in violation of this Act.
| ||||||
25 | (g) Whenever a registered owner of a watercraft is taken | ||||||
26 | into custody for operating the watercraft in violation of |
| |||||||
| |||||||
1 | Section 11-501 of the Illinois Vehicle Code or a similar | ||||||
2 | provision of a local ordinance, a law enforcement officer may | ||||||
3 | have the watercraft immediately impounded for a period not less | ||||||
4 | than: | ||||||
5 | (1) 24 hours for a second violation of Section 11-501 | ||||||
6 | of the Illinois Vehicle Code or a similar provision of a | ||||||
7 | local ordinance; or | ||||||
8 | (2) 48 hours for a third violation of Section 11-501 of | ||||||
9 | the Illinois
Vehicle Code or a similar provision of a local | ||||||
10 | ordinance. | ||||||
11 | The watercraft may be released sooner if the watercraft is | ||||||
12 | owned by the person under arrest and the person under arrest | ||||||
13 | gives permission to another person to operate the watercraft | ||||||
14 | and that other person possesses valid watercraft privileges and | ||||||
15 | would not, as determined by the arresting law enforcement | ||||||
16 | agency, indicate a lack of ability to operate a watercraft in a | ||||||
17 | safe manner or would otherwise, by operating the watercraft, be | ||||||
18 | in violation of the Illinois Vehicle Code or this Act. | ||||||
19 | (Source: P.A. 93-156, eff. 1-1-04.)
| ||||||
20 | (625 ILCS 45/5-22) | ||||||
21 | Sec. 5-22. Operation of watercraft upon the approach of an | ||||||
22 | authorized emergency watercraft. | ||||||
23 | (a) As used in this Section, "authorized emergency | ||||||
24 | watercraft" includes any watercraft operated by the Illinois | ||||||
25 | Department of Natural Resources Police, the Illinois |
| |||||||
| |||||||
1 | Department of State Police, a county sheriff, a local law | ||||||
2 | enforcement agency, a fire department, a provider of emergency | ||||||
3 | medical services, or the United States Coast Guard, equipped | ||||||
4 | with alternately flashing red, red and white, red and blue, or | ||||||
5 | red in combination with white or blue lights, while engaged in | ||||||
6 | official duties. Any authorized emergency watercraft must be | ||||||
7 | clearly emblazoned with markings identifying it as a watercraft | ||||||
8 | operated by the qualifying agency. | ||||||
9 | (b) Upon the immediate approach of an authorized emergency | ||||||
10 | watercraft making use of rotating or flashing visual signals | ||||||
11 | and lawfully making use of a visual signal, the operator of | ||||||
12 | every other watercraft
shall yield the right-of-way and shall | ||||||
13 | immediately reduce the speed of the watercraft, so as not to | ||||||
14 | create a wake, and shall yield way to the emergency watercraft, | ||||||
15 | moving to the right to permit the safe passage of the emergency | ||||||
16 | watercraft, and shall stop and remain in that position until | ||||||
17 | the authorized emergency watercraft has passed, unless | ||||||
18 | otherwise directed by a police officer.
| ||||||
19 | (c) Upon approaching a stationary authorized emergency | ||||||
20 | watercraft, when the
authorized emergency watercraft is giving | ||||||
21 | a signal by displaying rotating or alternately
flashing
red, | ||||||
22 | red and white, red and blue, or red in combination with white | ||||||
23 | or blue lights, a
person operating an approaching watercraft | ||||||
24 | shall proceed with due caution at no-wake speed and yield the | ||||||
25 | right-of-way by moving safely away from that authorized | ||||||
26 | emergency watercraft, proceeding with due caution at a no-wake |
| |||||||
| |||||||
1 | speed with due regard to safety and water conditions, | ||||||
2 | maintaining no-wake speed until sufficiently away from the | ||||||
3 | emergency watercraft so as not to create a wake that would | ||||||
4 | otherwise rock or otherwise disturb the authorized emergency | ||||||
5 | watercraft.
| ||||||
6 | (d) This Section shall not operate to relieve the operator | ||||||
7 | of an
authorized emergency watercraft from the duty to operate | ||||||
8 | that watercraft with due regard for the
safety of all persons | ||||||
9 | using the waterway.
| ||||||
10 | (e) A person who violates this Section commits a business
| ||||||
11 | offense punishable by a fine of not less than $100 or more than | ||||||
12 | $10,000. It is a factor in
aggravation if the person committed | ||||||
13 | the offense while in violation of Section
11-501 of the | ||||||
14 | Illinois Vehicle Code while operating a watercraft 5-16 of this | ||||||
15 | Act .
| ||||||
16 | (f) If a violation of this Section results in damage to
the
| ||||||
17 | property of another person, in addition to any other penalty | ||||||
18 | imposed,
the person's watercraft operating privileges shall be | ||||||
19 | suspended for a fixed
period of not less than 90 days and not | ||||||
20 | more than one year.
| ||||||
21 | (g) If a violation of this Section results in injury to
| ||||||
22 | another
person, in addition to any other penalty imposed,
the | ||||||
23 | person's watercraft operating privileges shall be suspended | ||||||
24 | for a fixed period of not
less
than 180
days and not more than 2 | ||||||
25 | years.
| ||||||
26 | (h) If a violation of subsection (c) of this Section |
| |||||||
| |||||||
1 | results in great bodily harm or permanent disability or | ||||||
2 | disfigurement to, or the death of,
another person, in addition | ||||||
3 | to any other penalty imposed,
the person's watercraft operating | ||||||
4 | privileges shall be suspended for 2 years.
| ||||||
5 | (i) The Department of Natural Resources shall, upon | ||||||
6 | receiving a record of a judgment
entered against a person under | ||||||
7 | this Section:
| ||||||
8 | (1) suspend the person's watercraft operating | ||||||
9 | privileges for the mandatory period; or
| ||||||
10 | (2) extend the period of an existing suspension by the | ||||||
11 | appropriate
mandatory period.
| ||||||
12 | (Source: P.A. 95-107, eff. 1-1-08.)
| ||||||
13 | Section 30. The Unified Code of Corrections is amended by | ||||||
14 | changing Section 5-5-3 as follows:
| ||||||
15 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
16 | Sec. 5-5-3. Disposition.
| ||||||
17 | (a) (Blank . ) .
| ||||||
18 | (b) (Blank . ) .
| ||||||
19 |
(10) If the defendant is convicted of arson, | ||||||
20 | aggravated arson, residential arson, or place of worship | ||||||
21 | arson, an order directing the offender to reimburse the | ||||||
22 | local emergency response department for the costs of | ||||||
23 | responding to the fire that the offender was convicted of | ||||||
24 | setting in accordance with the Emergency Services Response |
| |||||||
| |||||||
1 | Reimbursement for Criminal Convictions Act.
| ||||||
2 | (c) (1) (Blank . ) .
| ||||||
3 | (2) A period of probation, a term of periodic | ||||||
4 | imprisonment or
conditional discharge shall not be imposed | ||||||
5 | for the following offenses.
The court shall sentence the | ||||||
6 | offender to not less than the minimum term
of imprisonment | ||||||
7 | set forth in this Code for the following offenses, and
may | ||||||
8 | order a fine or restitution or both in conjunction with | ||||||
9 | such term of
imprisonment:
| ||||||
10 | (A) First degree murder where the death penalty is | ||||||
11 | not imposed.
| ||||||
12 | (B) Attempted first degree murder.
| ||||||
13 | (C) A Class X felony.
| ||||||
14 | (D) A violation of Section 401.1 or 407 of the
| ||||||
15 | Illinois Controlled Substances Act, or a violation of | ||||||
16 | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | ||||||
17 | of that Act which relates to more than 5 grams of a | ||||||
18 | substance
containing heroin, cocaine, fentanyl, or an | ||||||
19 | analog thereof.
| ||||||
20 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
21 | Control
Act.
| ||||||
22 | (F) A Class 2 or greater felony if the offender had | ||||||
23 | been convicted
of a Class 2 or greater felony, | ||||||
24 | including any state or federal conviction for an | ||||||
25 | offense that contained, at the time it was committed, | ||||||
26 | the same elements as an offense now (the date of the |
| |||||||
| |||||||
1 | offense committed after the prior Class 2 or greater | ||||||
2 | felony) classified as a Class 2 or greater felony, | ||||||
3 | within 10 years of the date on which the
offender
| ||||||
4 | committed the offense for which he or she is being | ||||||
5 | sentenced, except as
otherwise provided in Section | ||||||
6 | 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
7 | Dependency Act.
| ||||||
8 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
9 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
10 | imprisonment is prescribed in those Sections.
| ||||||
11 | (G) Residential burglary, except as otherwise | ||||||
12 | provided in Section 40-10
of the Alcoholism and Other | ||||||
13 | Drug Abuse and Dependency Act.
| ||||||
14 | (H) Criminal sexual assault.
| ||||||
15 | (I) Aggravated battery of a senior citizen.
| ||||||
16 | (J) A forcible felony if the offense was related to | ||||||
17 | the activities of an
organized gang.
| ||||||
18 | Before July 1, 1994, for the purposes of this | ||||||
19 | paragraph, "organized
gang" means an association of 5 | ||||||
20 | or more persons, with an established hierarchy,
that | ||||||
21 | encourages members of the association to perpetrate | ||||||
22 | crimes or provides
support to the members of the | ||||||
23 | association who do commit crimes.
| ||||||
24 | Beginning July 1, 1994, for the purposes of this | ||||||
25 | paragraph,
"organized gang" has the meaning ascribed | ||||||
26 | to it in Section 10 of the Illinois
Streetgang |
| |||||||
| |||||||
1 | Terrorism Omnibus Prevention Act.
| ||||||
2 | (K) Vehicular hijacking.
| ||||||
3 | (L) A second or subsequent conviction for the | ||||||
4 | offense of hate crime
when the underlying offense upon | ||||||
5 | which the hate crime is based is felony
aggravated
| ||||||
6 | assault or felony mob action.
| ||||||
7 | (M) A second or subsequent conviction for the | ||||||
8 | offense of institutional
vandalism if the damage to the | ||||||
9 | property exceeds $300.
| ||||||
10 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
11 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
12 | Identification Card Act.
| ||||||
13 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
14 | Code of 1961.
| ||||||
15 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
16 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
17 | Criminal Code of 1961.
| ||||||
18 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
19 | Criminal Code of
1961.
| ||||||
20 | (R) A violation of Section 24-3A of the Criminal | ||||||
21 | Code of
1961.
| ||||||
22 | (S) (Blank).
| ||||||
23 | (T) A second or subsequent violation of the | ||||||
24 | Methamphetamine Control and Community Protection Act.
| ||||||
25 | (U) A second or subsequent violation of Section | ||||||
26 | 6-303 of the Illinois Vehicle Code committed while his |
| |||||||
| |||||||
1 | or her driver's license, permit, or privilege was | ||||||
2 | revoked because of a violation of Section 9-3 of the | ||||||
3 | Criminal Code of 1961, relating to the offense of | ||||||
4 | reckless homicide, or a similar provision of a law of | ||||||
5 | another state.
| ||||||
6 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
7 | of Section 11-20.3 of the Criminal Code of 1961.
| ||||||
8 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
9 | Code of 1961.
| ||||||
10 | (X) A violation of subsection (a) of Section 31-1a | ||||||
11 | of the Criminal Code of 1961.
| ||||||
12 | (3) (Blank).
| ||||||
13 | (4) A minimum term of imprisonment of not less than 10
| ||||||
14 | consecutive days or 30 days of community service shall be | ||||||
15 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
16 | of the Illinois Vehicle Code.
| ||||||
17 | (4.1) (Blank).
| ||||||
18 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
19 | of this subsection (c), a
minimum of
100 hours of community | ||||||
20 | service shall be imposed for a second violation of
Section | ||||||
21 | 6-303
of the Illinois Vehicle Code.
| ||||||
22 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
23 | hours of community
service, as determined by the court, | ||||||
24 | shall
be imposed for a second violation of subsection (c) | ||||||
25 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
26 | (4.4) Except as provided in paragraphs
(4.5), (4.6), |
| |||||||
| |||||||
1 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
2 | imprisonment of 30 days or 300 hours of community service, | ||||||
3 | as
determined by the court, shall
be imposed
for a third or | ||||||
4 | subsequent violation of Section 6-303 of the Illinois | ||||||
5 | Vehicle
Code.
| ||||||
6 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
7 | be imposed for a third violation of subsection (c) of
| ||||||
8 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
9 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
10 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
11 | shall be imposed for a
fourth or subsequent violation of | ||||||
12 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
13 | Code.
| ||||||
14 | (4.7) A minimum term of imprisonment of not less than | ||||||
15 | 30 consecutive days, or 300 hours of community service, | ||||||
16 | shall be imposed for a violation of subsection (a-5) of | ||||||
17 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
18 | subsection (b-5) of that Section.
| ||||||
19 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
20 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
21 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
22 | of that Section. The person's driving privileges shall be | ||||||
23 | revoked for a period of not less than 5 years from the date | ||||||
24 | of his or her release from prison.
| ||||||
25 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
26 | and not more than 15 years shall be imposed for a third |
| |||||||
| |||||||
1 | violation of subsection (a-5) of Section 6-303 of the | ||||||
2 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
3 | that Section. The person's driving privileges shall be | ||||||
4 | revoked for the remainder of his or her life.
| ||||||
5 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
6 | shall be imposed, and the person shall be eligible for an | ||||||
7 | extended term sentence, for a fourth or subsequent | ||||||
8 | violation of subsection (a-5) of Section 6-303 of the | ||||||
9 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
10 | that Section. The person's driving privileges shall be | ||||||
11 | revoked for the remainder of his or her life.
| ||||||
12 | (5) The court may sentence a corporation or | ||||||
13 | unincorporated
association convicted of any offense to:
| ||||||
14 | (A) a period of conditional discharge;
| ||||||
15 | (B) a fine;
| ||||||
16 | (C) make restitution to the victim under Section | ||||||
17 | 5-5-6 of this Code.
| ||||||
18 | (5.1) In addition to any other penalties imposed, and | ||||||
19 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
20 | convicted of violating subsection (c) of Section 11-907 of | ||||||
21 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
22 | license, permit, or privileges
suspended for at least 90 | ||||||
23 | days but not more than one year, if the violation
resulted | ||||||
24 | in damage to the property of another person.
| ||||||
25 | (5.2) In addition to any other penalties imposed, and | ||||||
26 | except as provided in paragraph (5.3), a person convicted
|
| |||||||
| |||||||
1 | of violating subsection (c) of Section 11-907 of the | ||||||
2 | Illinois Vehicle Code
shall have his or her driver's | ||||||
3 | license, permit, or privileges suspended for at
least 180 | ||||||
4 | days but not more than 2 years, if the violation resulted | ||||||
5 | in injury
to
another person.
| ||||||
6 | (5.3) In addition to any other penalties imposed, a | ||||||
7 | person convicted of violating subsection (c) of Section
| ||||||
8 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
9 | driver's license,
permit, or privileges suspended for 2 | ||||||
10 | years, if the violation resulted in the
death of another | ||||||
11 | person.
| ||||||
12 | (5.4) In addition to any other penalties imposed, a | ||||||
13 | person convicted of violating Section 3-707 of the Illinois | ||||||
14 | Vehicle Code shall have his or her driver's license, | ||||||
15 | permit, or privileges suspended for 3 months and until he | ||||||
16 | or she has paid a reinstatement fee of $100. | ||||||
17 | (5.5) In addition to any other penalties imposed, a | ||||||
18 | person convicted of violating Section 3-707 of the Illinois | ||||||
19 | Vehicle Code during a period in which his or her driver's | ||||||
20 | license, permit, or privileges were suspended for a | ||||||
21 | previous violation of that Section shall have his or her | ||||||
22 | driver's license, permit, or privileges suspended for an | ||||||
23 | additional 6 months after the expiration of the original | ||||||
24 | 3-month suspension and until he or she has paid a | ||||||
25 | reinstatement fee of $100.
| ||||||
26 | (6) (Blank . ) .
|
| |||||||
| |||||||
1 | (7) (Blank . ) .
| ||||||
2 | (8) (Blank . ) .
| ||||||
3 | (9) A defendant convicted of a second or subsequent | ||||||
4 | offense of ritualized
abuse of a child may be sentenced to | ||||||
5 | a term of natural life imprisonment.
| ||||||
6 | (10) (Blank).
| ||||||
7 | (11) The court shall impose a minimum fine of $1,000 | ||||||
8 | for a first offense
and $2,000 for a second or subsequent | ||||||
9 | offense upon a person convicted of or
placed on supervision | ||||||
10 | for battery when the individual harmed was a sports
| ||||||
11 | official or coach at any level of competition and the act | ||||||
12 | causing harm to the
sports
official or coach occurred | ||||||
13 | within an athletic facility or within the immediate | ||||||
14 | vicinity
of the athletic facility at which the sports | ||||||
15 | official or coach was an active
participant
of the athletic | ||||||
16 | contest held at the athletic facility. For the purposes of
| ||||||
17 | this paragraph (11), "sports official" means a person at an | ||||||
18 | athletic contest
who enforces the rules of the contest, | ||||||
19 | such as an umpire or referee; "athletic facility" means an | ||||||
20 | indoor or outdoor playing field or recreational area where | ||||||
21 | sports activities are conducted;
and "coach" means a person | ||||||
22 | recognized as a coach by the sanctioning
authority that | ||||||
23 | conducted the sporting event. | ||||||
24 | (12) (Blank). A person may not receive a disposition of | ||||||
25 | court supervision for a
violation of Section 5-16 of the | ||||||
26 | Boat Registration and Safety Act if that
person has |
| |||||||
| |||||||
1 | previously received a disposition of court supervision for | ||||||
2 | a
violation of that Section.
| ||||||
3 | (13) A person convicted of or placed on court | ||||||
4 | supervision for an assault or aggravated assault when the | ||||||
5 | victim and the offender are family or household members as | ||||||
6 | defined in Section 103 of the Illinois Domestic Violence | ||||||
7 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
8 | domestic battery may be required to attend a Partner Abuse | ||||||
9 | Intervention Program under protocols set forth by the | ||||||
10 | Illinois Department of Human Services under such terms and | ||||||
11 | conditions imposed by the court. The costs of such classes | ||||||
12 | shall be paid by the offender.
| ||||||
13 | (d) In any case in which a sentence originally imposed is | ||||||
14 | vacated,
the case shall be remanded to the trial court. The | ||||||
15 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
16 | Unified Code of Corrections
which may include evidence of the | ||||||
17 | defendant's life, moral character and
occupation during the | ||||||
18 | time since the original sentence was passed. The
trial court | ||||||
19 | shall then impose sentence upon the defendant. The trial
court | ||||||
20 | may impose any sentence which could have been imposed at the
| ||||||
21 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
22 | Corrections.
If a sentence is vacated on appeal or on | ||||||
23 | collateral attack due to the
failure of the trier of fact at | ||||||
24 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
25 | fact (other than a prior conviction) necessary to increase the
| ||||||
26 | punishment for the offense beyond the statutory maximum |
| |||||||
| |||||||
1 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
2 | to a term within the range otherwise
provided or, if the State | ||||||
3 | files notice of its intention to again seek the
extended | ||||||
4 | sentence, the defendant shall be afforded a new trial.
| ||||||
5 | (e) In cases where prosecution for
aggravated criminal | ||||||
6 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
7 | results in conviction of a defendant
who was a family member of | ||||||
8 | the victim at the time of the commission of the
offense, the | ||||||
9 | court shall consider the safety and welfare of the victim and
| ||||||
10 | may impose a sentence of probation only where:
| ||||||
11 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
12 | (A) the defendant is willing to undergo a court | ||||||
13 | approved counseling
program for a minimum duration of 2 | ||||||
14 | years; or
| ||||||
15 | (B) the defendant is willing to participate in a | ||||||
16 | court approved plan
including but not limited to the | ||||||
17 | defendant's:
| ||||||
18 | (i) removal from the household;
| ||||||
19 | (ii) restricted contact with the victim;
| ||||||
20 | (iii) continued financial support of the | ||||||
21 | family;
| ||||||
22 | (iv) restitution for harm done to the victim; | ||||||
23 | and
| ||||||
24 | (v) compliance with any other measures that | ||||||
25 | the court may
deem appropriate; and
| ||||||
26 | (2) the court orders the defendant to pay for the |
| |||||||
| |||||||
1 | victim's counseling
services, to the extent that the court | ||||||
2 | finds, after considering the
defendant's income and | ||||||
3 | assets, that the defendant is financially capable of
paying | ||||||
4 | for such services, if the victim was under 18 years of age | ||||||
5 | at the
time the offense was committed and requires | ||||||
6 | counseling as a result of the
offense.
| ||||||
7 | Probation may be revoked or modified pursuant to Section | ||||||
8 | 5-6-4; except
where the court determines at the hearing that | ||||||
9 | the defendant violated a
condition of his or her probation | ||||||
10 | restricting contact with the victim or
other family members or | ||||||
11 | commits another offense with the victim or other
family | ||||||
12 | members, the court shall revoke the defendant's probation and
| ||||||
13 | impose a term of imprisonment.
| ||||||
14 | For the purposes of this Section, "family member" and | ||||||
15 | "victim" shall have
the meanings ascribed to them in Section | ||||||
16 | 12-12 of the Criminal Code of
1961.
| ||||||
17 | (f) (Blank . ) .
| ||||||
18 | (g) Whenever a defendant is convicted of an offense under | ||||||
19 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
20 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
21 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
22 | medical testing to
determine whether the defendant has any | ||||||
23 | sexually transmissible disease,
including a test for infection | ||||||
24 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
25 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
26 | Any such medical test shall be performed only by appropriately
|
| |||||||
| |||||||
1 | licensed medical practitioners and may include an analysis of | ||||||
2 | any bodily
fluids as well as an examination of the defendant's | ||||||
3 | person.
Except as otherwise provided by law, the results of | ||||||
4 | such test shall be kept
strictly confidential by all medical | ||||||
5 | personnel involved in the testing and must
be personally | ||||||
6 | delivered in a sealed envelope to the judge of the court in | ||||||
7 | which
the conviction was entered for the judge's inspection in | ||||||
8 | camera. Acting in
accordance with the best interests of the | ||||||
9 | victim and the public, the judge
shall have the discretion to | ||||||
10 | determine to whom, if anyone, the results of the
testing may be | ||||||
11 | revealed. The court shall notify the defendant
of the test | ||||||
12 | results. The court shall
also notify the victim if requested by | ||||||
13 | the victim, and if the victim is under
the age of 15 and if | ||||||
14 | requested by the victim's parents or legal guardian, the
court | ||||||
15 | shall notify the victim's parents or legal guardian of the test
| ||||||
16 | results.
The court shall provide information on the | ||||||
17 | availability of HIV testing
and counseling at Department of | ||||||
18 | Public Health facilities to all parties to
whom the results of | ||||||
19 | the testing are revealed and shall direct the State's
Attorney | ||||||
20 | to provide the information to the victim when possible.
A | ||||||
21 | State's Attorney may petition the court to obtain the results | ||||||
22 | of any HIV test
administered under this Section, and the court | ||||||
23 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
24 | relevant in order to prosecute a charge of
criminal | ||||||
25 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
26 | of 1961
against the defendant. The court shall order that the |
| |||||||
| |||||||
1 | cost of any such test
shall be paid by the county and may be | ||||||
2 | taxed as costs against the convicted
defendant.
| ||||||
3 | (g-5) When an inmate is tested for an airborne communicable | ||||||
4 | disease, as
determined by the Illinois Department of Public | ||||||
5 | Health including but not
limited to tuberculosis, the results | ||||||
6 | of the test shall be
personally delivered by the warden or his | ||||||
7 | or her designee in a sealed envelope
to the judge of the court | ||||||
8 | in which the inmate must appear for the judge's
inspection in | ||||||
9 | camera if requested by the judge. Acting in accordance with the
| ||||||
10 | best interests of those in the courtroom, the judge shall have | ||||||
11 | the discretion
to determine what if any precautions need to be | ||||||
12 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
13 | (h) Whenever a defendant is convicted of an offense under | ||||||
14 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
15 | defendant shall undergo
medical testing to determine whether | ||||||
16 | the defendant has been exposed to human
immunodeficiency virus | ||||||
17 | (HIV) or any other identified causative agent of
acquired | ||||||
18 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
19 | by
law, the results of such test shall be kept strictly | ||||||
20 | confidential by all
medical personnel involved in the testing | ||||||
21 | and must be personally delivered in a
sealed envelope to the | ||||||
22 | judge of the court in which the conviction was entered
for the | ||||||
23 | judge's inspection in camera. Acting in accordance with the | ||||||
24 | best
interests of the public, the judge shall have the | ||||||
25 | discretion to determine to
whom, if anyone, the results of the | ||||||
26 | testing may be revealed. The court shall
notify the defendant |
| |||||||
| |||||||
1 | of a positive test showing an infection with the human
| ||||||
2 | immunodeficiency virus (HIV). The court shall provide | ||||||
3 | information on the
availability of HIV testing and counseling | ||||||
4 | at Department of Public Health
facilities to all parties to | ||||||
5 | whom the results of the testing are revealed and
shall direct | ||||||
6 | the State's Attorney to provide the information to the victim | ||||||
7 | when
possible. A State's Attorney may petition the court to | ||||||
8 | obtain the results of
any HIV test administered under this | ||||||
9 | Section, and the court shall grant the
disclosure if the | ||||||
10 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
11 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
12 | the Criminal
Code of 1961 against the defendant. The court | ||||||
13 | shall order that the cost of any
such test shall be paid by the | ||||||
14 | county and may be taxed as costs against the
convicted | ||||||
15 | defendant.
| ||||||
16 | (i) All fines and penalties imposed under this Section for | ||||||
17 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
18 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
19 | any violation
of the Child Passenger Protection Act, or a | ||||||
20 | similar provision of a local
ordinance, shall be collected and | ||||||
21 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
22 | of the Clerks of Courts Act.
| ||||||
23 | (j) In cases when prosecution for any violation of Section | ||||||
24 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
25 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
26 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal |
| |||||||
| |||||||
1 | Code of 1961, any violation of the Illinois Controlled | ||||||
2 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
3 | any violation of the Methamphetamine Control and Community | ||||||
4 | Protection Act results in conviction, a
disposition of court | ||||||
5 | supervision, or an order of probation granted under
Section 10 | ||||||
6 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
7 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
8 | Control and Community Protection Act of a defendant, the court | ||||||
9 | shall determine whether the
defendant is employed by a facility | ||||||
10 | or center as defined under the Child Care
Act of 1969, a public | ||||||
11 | or private elementary or secondary school, or otherwise
works | ||||||
12 | with children under 18 years of age on a daily basis. When a | ||||||
13 | defendant
is so employed, the court shall order the Clerk of | ||||||
14 | the Court to send a copy of
the judgment of conviction or order | ||||||
15 | of supervision or probation to the
defendant's employer by | ||||||
16 | certified mail.
If the employer of the defendant is a school, | ||||||
17 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
18 | the judgment of conviction or order of
supervision or probation | ||||||
19 | to the appropriate regional superintendent of schools.
The | ||||||
20 | regional superintendent of schools shall notify the State Board | ||||||
21 | of
Education of any notification under this subsection.
| ||||||
22 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
23 | of a felony and
who has not been previously convicted of a | ||||||
24 | misdemeanor or felony and who is
sentenced to a term of | ||||||
25 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
26 | a condition of his or her sentence be required by the court to |
| |||||||
| |||||||
1 | attend
educational courses designed to prepare the defendant | ||||||
2 | for a high school diploma
and to work toward a high school | ||||||
3 | diploma or to work toward passing the high
school level Test of | ||||||
4 | General Educational Development (GED) or to work toward
| ||||||
5 | completing a vocational training program offered by the | ||||||
6 | Department of
Corrections. If a defendant fails to complete the | ||||||
7 | educational training
required by his or her sentence during the | ||||||
8 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
9 | condition of mandatory supervised release, require the
| ||||||
10 | defendant, at his or her own expense, to pursue a course of | ||||||
11 | study toward a high
school diploma or passage of the GED test. | ||||||
12 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
13 | release of a defendant who wilfully fails to
comply with this | ||||||
14 | subsection (j-5) upon his or her release from confinement in a
| ||||||
15 | penal institution while serving a mandatory supervised release | ||||||
16 | term; however,
the inability of the defendant after making a | ||||||
17 | good faith effort to obtain
financial aid or pay for the | ||||||
18 | educational training shall not be deemed a wilful
failure to | ||||||
19 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
20 | whose mandatory supervised release term has been revoked under | ||||||
21 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
22 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
23 | school diploma or has successfully passed the GED
test. This | ||||||
24 | subsection (j-5) does not apply to a defendant who is | ||||||
25 | determined by
the court to be developmentally disabled or | ||||||
26 | otherwise mentally incapable of
completing the educational or |
| |||||||
| |||||||
1 | vocational program.
| ||||||
2 | (k) (Blank . ) .
| ||||||
3 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
4 | (l), whenever a defendant,
who is an alien as defined by | ||||||
5 | the Immigration and Nationality Act, is convicted
of any | ||||||
6 | felony or misdemeanor offense, the court after sentencing | ||||||
7 | the defendant
may, upon motion of the State's Attorney, | ||||||
8 | hold sentence in abeyance and remand
the defendant to the | ||||||
9 | custody of the Attorney General of
the United States or his | ||||||
10 | or her designated agent to be deported when:
| ||||||
11 | (1) a final order of deportation has been issued | ||||||
12 | against the defendant
pursuant to proceedings under | ||||||
13 | the Immigration and Nationality Act, and
| ||||||
14 | (2) the deportation of the defendant would not | ||||||
15 | deprecate the seriousness
of the defendant's conduct | ||||||
16 | and would not be inconsistent with the ends of
justice.
| ||||||
17 | Otherwise, the defendant shall be sentenced as | ||||||
18 | provided in this Chapter V.
| ||||||
19 | (B) If the defendant has already been sentenced for a | ||||||
20 | felony or
misdemeanor
offense, or has been placed on | ||||||
21 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
22 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
23 | Section 70 of the Methamphetamine Control and Community | ||||||
24 | Protection Act, the court
may, upon motion of the State's | ||||||
25 | Attorney to suspend the
sentence imposed, commit the | ||||||
26 | defendant to the custody of the Attorney General
of the |
| |||||||
| |||||||
1 | United States or his or her designated agent when:
| ||||||
2 | (1) a final order of deportation has been issued | ||||||
3 | against the defendant
pursuant to proceedings under | ||||||
4 | the Immigration and Nationality Act, and
| ||||||
5 | (2) the deportation of the defendant would not | ||||||
6 | deprecate the seriousness
of the defendant's conduct | ||||||
7 | and would not be inconsistent with the ends of
justice.
| ||||||
8 | (C) This subsection (l) does not apply to offenders who | ||||||
9 | are subject to the
provisions of paragraph (2) of | ||||||
10 | subsection (a) of Section 3-6-3.
| ||||||
11 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
12 | sentenced under
this Section returns to the jurisdiction of | ||||||
13 | the United States, the defendant
shall be recommitted to | ||||||
14 | the custody of the county from which he or she was
| ||||||
15 | sentenced.
Thereafter, the defendant shall be brought | ||||||
16 | before the sentencing court, which
may impose any sentence | ||||||
17 | that was available under Section 5-5-3 at the time of
| ||||||
18 | initial sentencing. In addition, the defendant shall not be | ||||||
19 | eligible for
additional good conduct credit for | ||||||
20 | meritorious service as provided under
Section 3-6-6.
| ||||||
21 | (m) A person convicted of criminal defacement of property | ||||||
22 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
23 | property damage exceeds $300
and the property damaged is a | ||||||
24 | school building, shall be ordered to perform
community service | ||||||
25 | that may include cleanup, removal, or painting over the
| ||||||
26 | defacement.
|
| |||||||
| |||||||
1 | (n) The court may sentence a person convicted of a | ||||||
2 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
3 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
4 | person is otherwise eligible for that program
under Section | ||||||
5 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
6 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
7 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
8 | program licensed under that
Act. | ||||||
9 | (o) Whenever a person is convicted of a sex offense as | ||||||
10 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
11 | defendant's driver's license or permit shall be subject to | ||||||
12 | renewal on an annual basis in accordance with the provisions of | ||||||
13 | license renewal established by the Secretary of State.
| ||||||
14 | (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | ||||||
15 | 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | ||||||
16 | 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | ||||||
17 | 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; revised | ||||||
18 | 9-4-09.)
| ||||||
19 | (625 ILCS 40/5-7 rep.)
| ||||||
20 | (625 ILCS 40/5-7.1 rep.)
| ||||||
21 | (625 ILCS 40/5-7.2 rep.)
| ||||||
22 | (625 ILCS 40/5-7.3 rep.)
| ||||||
23 | (625 ILCS 40/5-7.4 rep.)
| ||||||
24 | (625 ILCS 40/5-7.5 rep.)
| ||||||
25 | (625 ILCS 40/5-7.6 rep.)
|
| |||||||
| |||||||
1 | Section 35. The Snowmobile Registration and Safety Act is | ||||||
2 | amended by repealing Sections 5-7, 5-7.1, 5-7.2, 5-7.3, 5-7.4, | ||||||
3 | 5-7.5, and 5-7.6.
| ||||||
4 | (625 ILCS 45/5-16 rep.)
| ||||||
5 | (625 ILCS 45/5-16a rep.)
| ||||||
6 | (625 ILCS 45/5-16a.1 rep.)
| ||||||
7 | (625 ILCS 45/5-16b rep.)
| ||||||
8 | Section 40. The Boat Registration and Safety Act is amended | ||||||
9 | by repealing Sections 5-16, 5-16a, 5-16a.1, and 5-16b. | ||||||
10 | Section 95. No acceleration or delay. Where this Act makes | ||||||
11 | changes in a statute that is represented in this Act by text | ||||||
12 | that is not yet or no longer in effect (for example, a Section | ||||||
13 | represented by multiple versions), the use of that text does | ||||||
14 | not accelerate or delay the taking effect of (i) the changes | ||||||
15 | made by this Act or (ii) provisions derived from any other | ||||||
16 | Public Act. | ||||||
17 | Section 99. Effective date. This Act takes effect January | ||||||
18 | 1, 2011.".
|