Full Text of SB3732 96th General Assembly
SB3732sam001 96TH GENERAL ASSEMBLY
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Sen. M. Maggie Crotty
Filed: 2/25/2010
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LRB096 20624 AJT 37488 a |
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| AMENDMENT TO SENATE BILL 3732
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| AMENDMENT NO. ______. Amend Senate Bill 3732 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Sections 6-205, 11-401, 11-501.1, and 11-501.6 and by | 6 |
| adding Section 2-118.2 as follows: | 7 |
| (625 ILCS 5/2-118.2 new) | 8 |
| Sec. 2-118.2. Opportunity for hearing; mandatory | 9 |
| revocation for failure to submit to testing. | 10 |
| (a) A mandatory revocation of driving privileges under | 11 |
| Section
11-501.6 shall not become effective until the person is | 12 |
| notified in writing of
the impending suspension and informed | 13 |
| that he or she may request a hearing in the
circuit court of | 14 |
| venue under paragraph (b) of this Section and the mandatory | 15 |
| revocation shall become effective as provided in Section | 16 |
| 11-501.6 of this Code. |
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| (b) Within 90 days after the notice of mandatory revocation | 2 |
| served under Section
11-501.6, the person may make a written | 3 |
| request for a judicial hearing in
the circuit court of venue. | 4 |
| The request to the circuit court shall state
the grounds upon | 5 |
| which the person seeks to have the mandatory revocation | 6 |
| rescinded. Within 30 days after receipt of the written request
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| or the first appearance date on the Uniform Traffic Ticket | 8 |
| issued pursuant
to a violation of Sections 11-501 or 11-401 of | 9 |
| this Code, or a similar provision of a local
ordinance, the | 10 |
| hearing shall be conducted by the circuit court having
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| jurisdiction. This judicial hearing, request, or process shall | 12 |
| not stay or
delay the mandatory revocation. The hearings shall | 13 |
| proceed in the
court in the same manner as in other civil | 14 |
| proceedings. | 15 |
| The hearing may be conducted upon a review of the law | 16 |
| enforcement
officer's own official reports; however, the | 17 |
| person may
subpoena the officer. Failure of the officer to | 18 |
| answer the subpoena shall
be considered grounds for a | 19 |
| continuance if in the court's discretion the
continuance is | 20 |
| appropriate. | 21 |
| The scope of the hearing shall be limited to the issues of: | 22 |
| 1. Whether the person was placed under arrest for an | 23 |
| offense as defined
in Section 11-501 or Section 11-401, or | 24 |
| a similar provision of a local ordinance, as evidenced
by | 25 |
| the issuance of a Uniform Traffic Ticket, or issued a | 26 |
| Uniform Traffic
Ticket out of state as provided in |
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| subsection (a) of Section 11-501.1; | 2 |
| 2. Whether the officer had reasonable grounds to | 3 |
| believe that
the person was driving or in actual physical | 4 |
| control of a motor vehicle
upon a highway while under the | 5 |
| influence of alcohol, other drug, or
combination of both; | 6 |
| 3. Whether the officer had reasonable grounds to | 7 |
| believe that
the person was driving or in actual physical | 8 |
| control of a motor vehicle that was involved in a
personal | 9 |
| injury or fatal motor vehicle accident; and | 10 |
| 4. Whether the person, after being advised by the | 11 |
| officer
that the privilege to operate a motor vehicle would | 12 |
| be revoked if the
person refused to submit to and complete | 13 |
| the test or tests, did refuse to
submit to or complete the | 14 |
| test or tests to determine the person's alcohol
or drug | 15 |
| concentration. | 16 |
| Upon the conclusion of the judicial hearing, the circuit | 17 |
| court shall
sustain or rescind the mandatory revocation and | 18 |
| immediately notify
the Secretary of State. Reports received by | 19 |
| the Secretary of State under
this Section shall be privileged | 20 |
| information and for use only by the
courts, police officers, | 21 |
| and Secretary of State. | 22 |
| (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205) | 23 |
| Sec. 6-205. Mandatory revocation of license or permit; | 24 |
| Hardship cases. | 25 |
| (a) Except as provided in this Section, the Secretary of |
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| State shall
immediately revoke the license, permit, or driving | 2 |
| privileges of
any driver upon receiving a
report of the | 3 |
| driver's conviction of any of the following offenses: | 4 |
| 1. Reckless homicide resulting from the operation of a | 5 |
| motor vehicle; | 6 |
| 2. Violation of Section 11-501 of this Code or a | 7 |
| similar provision of
a local ordinance relating to the | 8 |
| offense of operating or being in physical
control of a | 9 |
| vehicle while under the influence of alcohol, other drug or
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| drugs, intoxicating compound or compounds, or any | 11 |
| combination thereof; | 12 |
| 3. Any felony under the laws of any State or the | 13 |
| federal government
in the commission of which a motor | 14 |
| vehicle was used; | 15 |
| 4. Violation of Section 11-401 of this Code relating to | 16 |
| the offense of
leaving the scene of a traffic accident | 17 |
| involving death or personal injury; | 18 |
| 5. Perjury or the making of a false affidavit or | 19 |
| statement under
oath to the Secretary of State under this | 20 |
| Code or under any
other law relating to the ownership or | 21 |
| operation of motor vehicles; | 22 |
| 6. Conviction upon 3 charges of violation of Section | 23 |
| 11-503 of this
Code relating to the offense of reckless | 24 |
| driving committed within a
period of 12 months; | 25 |
| 7. Conviction of any offense
defined in
Section 4-102 | 26 |
| of this Code; |
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| 8. Violation of Section 11-504 of this Code relating to | 2 |
| the offense
of drag racing; | 3 |
| 9. Violation of Chapters 8 and 9 of this Code; | 4 |
| 10. Violation of Section 12-5 of the Criminal Code of | 5 |
| 1961 arising from
the use of a motor vehicle; | 6 |
| 11. Violation of Section 11-204.1 of this Code relating | 7 |
| to aggravated
fleeing or attempting to elude a peace | 8 |
| officer; | 9 |
| 12. Violation of paragraph (1) of subsection (b) of | 10 |
| Section 6-507,
or a similar law of any other state, | 11 |
| relating to the
unlawful operation of a commercial motor | 12 |
| vehicle; | 13 |
| 13. Violation of paragraph (a) of Section 11-502 of | 14 |
| this Code or a
similar provision of a local ordinance if | 15 |
| the driver has been previously
convicted of a violation of | 16 |
| that Section or a similar provision of a local
ordinance | 17 |
| and the driver was less than 21 years of age at the time of | 18 |
| the
offense; | 19 |
| 14. Violation of paragraph (a) of Section 11-506 of | 20 |
| this Code or a similar provision of a local ordinance | 21 |
| relating to the offense of street racing;
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| 15. A second or subsequent conviction of driving while | 23 |
| the person's driver's license, permit or privileges was | 24 |
| revoked for reckless homicide or a similar out-of-state | 25 |
| offense. | 26 |
| (b) The Secretary of State shall also immediately revoke |
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| the license
or permit of any driver in the following | 2 |
| situations: | 3 |
| 1. Of any minor upon receiving the notice provided for | 4 |
| in Section
5-901 of the Juvenile Court Act of 1987 that the | 5 |
| minor has been
adjudicated under that Act as having | 6 |
| committed an offense relating to
motor vehicles prescribed | 7 |
| in Section 4-103 of this Code; | 8 |
| 2. Of any person when any other law of this State | 9 |
| requires either the
revocation or suspension of a license | 10 |
| or permit; | 11 |
| 3. Of any person adjudicated under the Juvenile Court | 12 |
| Act of 1987 based on an offense determined to have been | 13 |
| committed in furtherance of the criminal activities of an | 14 |
| organized gang as provided in Section 5-710 of that Act, | 15 |
| and that involved the operation or use of a motor vehicle | 16 |
| or the use of a driver's license or permit. The revocation | 17 |
| shall remain in effect for the period determined by the | 18 |
| court. Upon the direction of the court, the Secretary shall | 19 |
| issue the person a judicial driving permit, also known as a | 20 |
| JDP. The JDP shall be subject to the same terms as a JDP | 21 |
| issued under Section 6-206.1, except that the court may | 22 |
| direct that a JDP issued under this subdivision (b)(3) be | 23 |
| effective immediately ; .
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| 4. Of any person who refuses to submit to a test | 25 |
| described under Section 11-501.6 of this Code upon the | 26 |
| request of a law enforcement officer, when that person has |
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| been driving or in actual control of a motor vehicle that | 2 |
| has been involved a
personal injury or fatal motor vehicle | 3 |
| accident. The revocation shall be effective as provided in | 4 |
| Section 11-501.6 of this Code. The person described in this | 5 |
| paragraph shall not be eligible for a restricted driving | 6 |
| permit. | 7 |
| (c)(1) Except as provided in subsection (c-5), whenever a | 8 |
| person is convicted of any of the offenses enumerated in
this | 9 |
| Section, the court may recommend and the Secretary of State in | 10 |
| his
discretion, without regard to whether the recommendation is | 11 |
| made by the
court may, upon application,
issue to the person a
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| restricted driving permit granting the privilege of driving a | 13 |
| motor
vehicle between the petitioner's residence and | 14 |
| petitioner's place
of employment or within the scope of the | 15 |
| petitioner's employment related
duties, or to allow the | 16 |
| petitioner to transport himself or herself or a family member
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| of the petitioner's household to a medical facility for the | 18 |
| receipt of necessary medical care or to allow the
petitioner to | 19 |
| transport himself or herself to and from alcohol or drug | 20 |
| remedial or rehabilitative activity recommended by a licensed | 21 |
| service provider, or to allow the
petitioner to transport | 22 |
| himself or herself or a family member of the petitioner's | 23 |
| household to classes, as a student, at an accredited | 24 |
| educational
institution, or to allow the petitioner to | 25 |
| transport children living in the petitioner's household to and | 26 |
| from daycare; if the petitioner is able to demonstrate that no |
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| alternative means
of transportation is reasonably available | 2 |
| and that the petitioner will not endanger
the public safety or | 3 |
| welfare; provided that the Secretary's discretion shall be
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| limited to cases where undue hardship, as defined by the rules | 5 |
| of the Secretary of State, would result from a failure to issue | 6 |
| the
restricted driving permit. Those multiple offenders | 7 |
| identified in subdivision (b)4 of Section 6-208 of this Code, | 8 |
| however, shall not be eligible for the issuance of a restricted | 9 |
| driving permit. | 10 |
| (2) If a person's license or permit is revoked or | 11 |
| suspended due to 2 or
more convictions of violating Section | 12 |
| 11-501 of this Code or a similar
provision of a local | 13 |
| ordinance or a similar out-of-state offense, or Section 9-3 | 14 |
| of the Criminal Code of 1961, where the use of alcohol or | 15 |
| other drugs is recited as an element of the offense, or a | 16 |
| similar out-of-state offense, or a combination of these | 17 |
| offenses, arising out
of separate occurrences, that | 18 |
| person, if issued a restricted driving permit,
may not | 19 |
| operate a vehicle unless it has been equipped with an | 20 |
| ignition
interlock device as defined in Section 1-129.1. | 21 |
| (3) If:
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| (A) a person's license or permit is revoked or | 23 |
| suspended 2 or more
times within a 10 year period due | 24 |
| to any combination of: | 25 |
| (i)
a single conviction of violating Section
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| 11-501 of this Code or a similar provision of a |
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| local ordinance or a similar
out-of-state offense, | 2 |
| or Section 9-3 of the Criminal Code of 1961, where | 3 |
| the use of alcohol or other drugs is recited as an | 4 |
| element of the offense, or a similar out-of-state | 5 |
| offense; or | 6 |
| (ii)
a statutory summary suspension under | 7 |
| Section
11-501.1; or | 8 |
| (iii)
a suspension pursuant to Section | 9 |
| 6-203.1;
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| arising out of
separate occurrences; or | 11 |
| (B)
a person has been convicted of one violation of | 12 |
| Section 6-303 of this Code committed while his or her | 13 |
| driver's license, permit, or privilege was revoked | 14 |
| because of a violation of Section 9-3 of the Criminal | 15 |
| Code of 1961, relating to the offense of reckless | 16 |
| homicide where the use of alcohol or other drugs was | 17 |
| recited as an element of the offense, or a similar | 18 |
| provision of a law of another state;
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| that person, if issued a restricted
driving permit, may not | 20 |
| operate a vehicle unless it has been equipped with an
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| ignition interlock device as defined in Section 1-129.1. | 22 |
| (4)
The person issued a permit conditioned on the use | 23 |
| of an ignition interlock device must pay to the Secretary | 24 |
| of State DUI Administration Fund an amount
not to exceed | 25 |
| $30 per month. The Secretary shall establish by rule the | 26 |
| amount
and the procedures, terms, and conditions relating |
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| to these fees. | 2 |
| (5)
If the restricted driving permit is issued for | 3 |
| employment purposes, then
the prohibition against | 4 |
| operating a motor vehicle that is not equipped with an | 5 |
| ignition interlock device does not apply to the operation | 6 |
| of an occupational vehicle
owned or leased by that person's | 7 |
| employer when used solely for employment purposes. | 8 |
| (6)
In each case the Secretary of State may issue a
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| restricted driving permit for a period he deems | 10 |
| appropriate, except that the
permit shall expire within one | 11 |
| year from the date of issuance. The Secretary
may not, | 12 |
| however, issue a restricted driving permit to any person | 13 |
| whose current
revocation is the result of a second or | 14 |
| subsequent conviction for a violation
of Section 11-501 of | 15 |
| this Code or a similar provision of a local ordinance
or | 16 |
| any similar out-of-state offense, or Section 9-3 of the | 17 |
| Criminal Code of 1961, where the use of alcohol or other | 18 |
| drugs is recited as an element of the offense, or any | 19 |
| similar out-of-state offense, or any combination of these | 20 |
| offenses, until the expiration of at least one year from | 21 |
| the date of the
revocation. A restricted
driving permit | 22 |
| issued under this Section shall be
subject to cancellation, | 23 |
| revocation, and suspension by the Secretary of
State in | 24 |
| like manner and for like cause as a driver's license issued
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| under this Code may be cancelled, revoked, or
suspended; | 26 |
| except that a conviction upon one or more offenses against |
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| laws or
ordinances regulating the movement of traffic shall | 2 |
| be deemed sufficient cause
for the revocation, suspension, | 3 |
| or cancellation of a restricted driving permit.
The | 4 |
| Secretary of State may, as a condition to the issuance of a | 5 |
| restricted
driving permit, require the petitioner to | 6 |
| participate in a designated driver
remedial or | 7 |
| rehabilitative program. The Secretary of State is | 8 |
| authorized to
cancel a restricted driving permit if the | 9 |
| permit holder does not successfully
complete the program. | 10 |
| However, if an individual's driving privileges have been
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| revoked in accordance with paragraph 13 of subsection (a) | 12 |
| of this Section, no
restricted driving permit shall be | 13 |
| issued until the individual has served 6
months of the | 14 |
| revocation period. | 15 |
| (c-5) (Blank).
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| (c-6) If a person is convicted of a second violation of | 17 |
| operating a motor vehicle while the person's driver's license, | 18 |
| permit or privilege was revoked, where the revocation 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, the person's driving privileges shall be revoked | 22 |
| pursuant to subdivision (a)(15) of this Section. The person may | 23 |
| not make application for a license or permit until the | 24 |
| expiration of five years from the effective date of the | 25 |
| revocation or the expiration of five years from the date of | 26 |
| release from a term of imprisonment, whichever is later. |
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| (c-7) If a person is convicted of a third or subsequent | 2 |
| violation of operating a motor vehicle while the person's | 3 |
| driver's license, permit or privilege was revoked, where the | 4 |
| revocation was for a violation of Section 9-3 of the Criminal | 5 |
| Code of 1961 relating to the offense of reckless homicide or a | 6 |
| similar out-of-state offense, the person may never apply for a | 7 |
| license or permit. | 8 |
| (d)(1) Whenever a person under the age of 21 is convicted | 9 |
| under Section
11-501 of this Code or a similar provision of a | 10 |
| local ordinance or a similar out-of-state offense, the
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| Secretary of State shall revoke the driving privileges of that | 12 |
| person. One
year after the date of revocation, and upon | 13 |
| application, the Secretary of
State may, if satisfied that the | 14 |
| person applying will not endanger the
public safety or welfare, | 15 |
| issue a restricted driving permit granting the
privilege of | 16 |
| driving a motor vehicle only between the hours of 5 a.m. and 9
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| p.m. or as otherwise provided by this Section for a period of | 18 |
| one year.
After this one year period, and upon reapplication | 19 |
| for a license as
provided in Section 6-106, upon payment of the | 20 |
| appropriate reinstatement
fee provided under paragraph (b) of | 21 |
| Section 6-118, the Secretary of State,
in his discretion, may
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| reinstate the petitioner's driver's license and driving | 23 |
| privileges, or extend the restricted driving permit as many | 24 |
| times as the
Secretary of State deems appropriate, by | 25 |
| additional periods of not more than
12 months each. | 26 |
| (2) If a person's license or permit is revoked or |
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| suspended due to 2 or
more convictions of violating Section | 2 |
| 11-501 of this Code or a similar
provision of a local | 3 |
| ordinance or a similar out-of-state offense, or Section 9-3 | 4 |
| of the Criminal Code of 1961, where the use of alcohol or | 5 |
| other drugs is recited as an element of the offense, or a | 6 |
| similar out-of-state offense, or a combination of these | 7 |
| offenses, arising out
of separate occurrences, that | 8 |
| person, if issued a restricted driving permit,
may not | 9 |
| operate a vehicle unless it has been equipped with an | 10 |
| ignition
interlock device as defined in Section 1-129.1. | 11 |
| (3) If a person's license or permit is revoked or | 12 |
| suspended 2 or more times
within a 10 year period due to | 13 |
| any combination of: | 14 |
| (A) a single conviction of violating Section | 15 |
| 11-501
of this
Code or a similar provision of a local | 16 |
| ordinance or a similar out-of-state
offense, or | 17 |
| Section 9-3 of the Criminal Code of 1961, where the use | 18 |
| of alcohol or other drugs is recited as an element of | 19 |
| the offense, or a similar out-of-state offense; or | 20 |
| (B)
a statutory summary suspension under Section | 21 |
| 11-501.1; or | 22 |
| (C) a suspension pursuant to Section 6-203.1; | 23 |
| arising out of separate occurrences, that person, if issued | 24 |
| a
restricted
driving permit, may not operate a vehicle | 25 |
| unless it has been equipped with an
ignition interlock | 26 |
| device as defined in Section 1-129.1. |
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| (4)
The person issued a permit conditioned upon the use | 2 |
| of an interlock device must pay to the Secretary of State | 3 |
| DUI Administration Fund an amount
not to exceed $30 per | 4 |
| month. The Secretary shall establish by rule the amount
and | 5 |
| the procedures, terms, and conditions relating to these | 6 |
| fees. | 7 |
| (5)
If the restricted driving permit is issued for | 8 |
| employment purposes, then
the prohibition against driving | 9 |
| a vehicle that is not equipped with an ignition interlock | 10 |
| device does not apply to the operation of an occupational | 11 |
| vehicle
owned or leased by that person's employer when used | 12 |
| solely for employment purposes. | 13 |
| (6) A
restricted driving permit issued under this | 14 |
| Section shall be subject to
cancellation, revocation, and | 15 |
| suspension by the Secretary of State in like
manner and for | 16 |
| like cause as a driver's license issued under this Code may | 17 |
| be
cancelled, revoked, or suspended; except that a | 18 |
| conviction upon one or more
offenses against laws or | 19 |
| ordinances regulating the movement of traffic
shall be | 20 |
| deemed sufficient cause for the revocation, suspension, or
| 21 |
| cancellation of a restricted driving permit.
| 22 |
| (d-5) The revocation of the license, permit, or driving | 23 |
| privileges of a person convicted of a third or subsequent | 24 |
| violation of Section 6-303 of this Code committed while his or | 25 |
| her driver's license, permit, or privilege was revoked because | 26 |
| of a violation of Section 9-3 of the Criminal Code of 1961, |
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| relating to the offense of reckless homicide, or a similar | 2 |
| provision of a law of another state, is permanent. The | 3 |
| Secretary may not, at any time, issue a license or permit to | 4 |
| that person.
| 5 |
| (e) This Section is subject to the provisions of the Driver | 6 |
| License
Compact. | 7 |
| (f) Any revocation imposed upon any person under | 8 |
| subsections 2
and 3 of paragraph (b) that is in effect on | 9 |
| December 31, 1988 shall be
converted to a suspension for a like | 10 |
| period of time. | 11 |
| (g) The Secretary of State shall not issue a restricted | 12 |
| driving permit to
a person under the age of 16 years whose | 13 |
| driving privileges have been revoked
under any provisions of | 14 |
| this Code. | 15 |
| (h) The Secretary of State shall require the use of | 16 |
| ignition interlock
devices on all vehicles owned by a person | 17 |
| who has been convicted of a
second or subsequent offense under | 18 |
| Section 11-501 of this Code or a similar
provision of a local | 19 |
| ordinance. The person must pay to the Secretary of State DUI | 20 |
| Administration Fund an amount not to exceed $30 for each month | 21 |
| that he or she uses the device. The Secretary shall establish | 22 |
| by rule and
regulation the procedures for certification and use | 23 |
| of the interlock
system, the amount of the fee, and the | 24 |
| procedures, terms, and conditions relating to these fees. | 25 |
| (i) (Blank). | 26 |
| (j) In accordance with 49 C.F.R. 384, the Secretary of |
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| State may not issue a restricted driving permit for the | 2 |
| operation of a commercial motor vehicle to a person holding a | 3 |
| CDL whose driving privileges have been revoked, suspended, | 4 |
| cancelled, or disqualified under any provisions of this Code.
| 5 |
| (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | 6 |
| eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | 7 |
| eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | 8 |
| 96-607, eff. 8-24-09.)
| 9 |
| (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
| 10 |
| Sec. 11-401. Motor vehicle accidents involving death or | 11 |
| personal injuries.
| 12 |
| (a) The driver of any vehicle involved in a motor vehicle | 13 |
| accident
resulting in personal injury to or death of any person | 14 |
| shall immediately stop
such vehicle at the scene of such | 15 |
| accident, or as close thereto as possible
and shall then | 16 |
| forthwith return to, and in every event shall remain at the
| 17 |
| scene of the accident until the requirements of Section 11-403 | 18 |
| have been
fulfilled. Every such stop shall be made without | 19 |
| obstructing traffic more
than is necessary.
| 20 |
| (b) Any person who has failed to stop or to comply with the
| 21 |
| requirements of paragraph (a) shall, as soon as possible but in | 22 |
| no case
later than one-half hour after such motor
vehicle | 23 |
| accident, or, if hospitalized and incapacitated from reporting | 24 |
| at any
time during such period, as soon as possible but in no | 25 |
| case later than one-half
hour
after
being discharged from the
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| hospital, report the place of the accident, the date, the | 2 |
| approximate time,
the
driver's name and address, the | 3 |
| registration number of the vehicle
driven, and the names of all | 4 |
| other occupants of
such vehicle, at a police station or | 5 |
| sheriff's office near the place where
such accident occurred. | 6 |
| No report made as required under this paragraph shall be used,
| 7 |
| directly or indirectly, as a basis for the prosecution of any
| 8 |
| violation of paragraph (a).
| 9 |
| (b-1) Any person arrested for violating this Section is | 10 |
| subject to chemical testing of his or her blood, breath, or | 11 |
| urine for the presence of alcohol, other drug or drugs, | 12 |
| intoxicating compound or compounds, or any combination | 13 |
| thereof, as provided in Section 11-501.6 11-501.1 , if the | 14 |
| testing occurs within 12 hours of the time of the occurrence of | 15 |
| the accident that led to his or her arrest. The person's | 16 |
| driving privileges are subject to revocation statutory summary | 17 |
| suspension under Section 11-501.6 11-501.1 if he or she fails | 18 |
| or refuses to undergo the testing.
| 19 |
| For purposes of this Section, personal injury shall mean | 20 |
| any injury
requiring immediate professional treatment in a | 21 |
| medical facility or
doctor's office.
| 22 |
| (c) Any person failing to comply with paragraph (a) shall | 23 |
| be guilty of a Class 4 felony.
| 24 |
| (d) Any person failing to comply with paragraph (b) is
| 25 |
| guilty
of
a Class 2 felony if the
motor vehicle accident does | 26 |
| not result in the death of any person.
Any person failing to |
|
|
|
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LRB096 20624 AJT 37488 a |
|
| 1 |
| comply with paragraph (b)
when the accident results in the | 2 |
| death of
any person is guilty of a Class 1
felony.
| 3 |
| (e) The Secretary of State shall revoke the driving | 4 |
| privilege of any person
convicted of a violation of this | 5 |
| Section.
| 6 |
| (Source: P.A. 94-115, eff. 1-1-06; 95-347, eff. 1-1-08.)
| 7 |
| (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
| 8 |
| Sec. 11-501.1. Suspension of drivers license; statutory | 9 |
| summary
alcohol, other drug or drugs, or intoxicating compound | 10 |
| or
compounds related suspension; implied consent.
| 11 |
| (a) Any person who drives or is in actual physical control | 12 |
| of a motor
vehicle upon the public highways of this State shall | 13 |
| be deemed to have given
consent, subject to the provisions of | 14 |
| Section 11-501.2, to a chemical test or
tests of blood, breath, | 15 |
| or urine for the purpose of determining the content of
alcohol, | 16 |
| other drug or drugs, or intoxicating compound or compounds or
| 17 |
| any combination thereof in the person's blood if arrested,
as | 18 |
| evidenced by the issuance of a Uniform Traffic Ticket, for any | 19 |
| offense
as defined in Section 11-501 or a similar provision of | 20 |
| a local ordinance , or if arrested for violating Section 11-401 .
| 21 |
| The test or tests shall be administered at the direction of the | 22 |
| arresting
officer. The law enforcement agency employing the | 23 |
| officer shall designate which
of the aforesaid tests shall be | 24 |
| administered. A urine test may be administered
even after a | 25 |
| blood or breath test or both has
been administered. For |
|
|
|
09600SB3732sam001 |
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LRB096 20624 AJT 37488 a |
|
| 1 |
| purposes of this Section, an Illinois law
enforcement officer | 2 |
| of this State who is investigating the person for any
offense | 3 |
| defined in Section 11-501 may travel into an adjoining state, | 4 |
| where
the person has been transported for medical care, to | 5 |
| complete an
investigation and to request that the person submit | 6 |
| to the test or tests
set forth in this Section. The | 7 |
| requirements of this Section that the
person be arrested are | 8 |
| inapplicable, but the officer shall issue the person
a Uniform | 9 |
| Traffic Ticket for an offense as defined in Section 11-501 or a
| 10 |
| similar provision of a local ordinance prior to requesting that | 11 |
| the person
submit to the test or tests. The issuance of the | 12 |
| Uniform Traffic Ticket
shall not constitute an arrest, but | 13 |
| shall be for the purpose of notifying
the person that he or she | 14 |
| is subject to the provisions of this Section and
of the | 15 |
| officer's belief of the existence of probable cause to
arrest. | 16 |
| Upon returning to this State, the officer shall file the | 17 |
| Uniform
Traffic Ticket with the Circuit Clerk of the county | 18 |
| where the offense was
committed, and shall seek the issuance of | 19 |
| an arrest warrant or a summons
for the person.
| 20 |
| (b) Any person who is dead, unconscious, or who is | 21 |
| otherwise in a condition
rendering the person incapable of | 22 |
| refusal, shall be deemed not to have
withdrawn the consent | 23 |
| provided by paragraph (a) of this Section and the test or
tests | 24 |
| may be administered, subject to the provisions of Section | 25 |
| 11-501.2.
| 26 |
| (c) A person requested to submit to a test as provided |
|
|
|
09600SB3732sam001 |
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LRB096 20624 AJT 37488 a |
|
| 1 |
| above shall
be warned by the law enforcement officer requesting | 2 |
| the test that a
refusal to submit to the test will result in | 3 |
| the statutory summary
suspension of the person's privilege to | 4 |
| operate a motor vehicle, as provided
in Section 6-208.1 of this | 5 |
| Code, and will also result in the disqualification of the | 6 |
| person's privilege to operate a commercial motor vehicle, as | 7 |
| provided in Section 6-514 of this Code, if the person is a CDL | 8 |
| holder. The person shall also be warned by the law
enforcement | 9 |
| officer that if the person submits to the test or tests
| 10 |
| provided in paragraph (a) of this Section and the alcohol | 11 |
| concentration in
the person's blood or breath is 0.08 or | 12 |
| greater, or any amount of
a
drug, substance, or compound | 13 |
| resulting from the unlawful use or consumption
of cannabis as | 14 |
| covered by the Cannabis Control Act, a controlled
substance
| 15 |
| listed in the Illinois Controlled Substances Act, an | 16 |
| intoxicating compound
listed in the Use of Intoxicating | 17 |
| Compounds Act, or methamphetamine as listed in the | 18 |
| Methamphetamine Control and Community Protection Act is | 19 |
| detected in the person's
blood or urine, a statutory summary | 20 |
| suspension of the person's privilege to
operate a motor | 21 |
| vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| 22 |
| Code, and a disqualification of
the person's privilege to | 23 |
| operate a commercial motor vehicle, as provided in Section | 24 |
| 6-514 of this Code, if the person is a CDL holder, will be | 25 |
| imposed.
| 26 |
| A person who is under the age of 21 at the time the person |
|
|
|
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LRB096 20624 AJT 37488 a |
|
| 1 |
| is requested to
submit to a test as provided above shall, in | 2 |
| addition to the warnings provided
for in this Section, be | 3 |
| further warned by the law enforcement officer
requesting the | 4 |
| test that if the person submits to the test or tests provided | 5 |
| in
paragraph (a) of this Section and the alcohol concentration | 6 |
| in the person's
blood or breath is greater than 0.00 and less | 7 |
| than 0.08, a
suspension of the
person's privilege to operate a | 8 |
| motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | 9 |
| of this Code, will be imposed. The results of this test
shall | 10 |
| be admissible in a civil or criminal action or proceeding | 11 |
| arising from an
arrest for an offense as defined in Section | 12 |
| 11-501 of this Code or a similar
provision of a local ordinance | 13 |
| or pursuant to Section 11-501.4 in prosecutions
for reckless | 14 |
| homicide brought under the Criminal Code of 1961. These test
| 15 |
| results, however, shall be admissible only in actions or | 16 |
| proceedings directly
related to the incident upon which the | 17 |
| test request was made.
| 18 |
| (d) If the person refuses testing or submits to a test that | 19 |
| discloses
an alcohol concentration of 0.08 or more, or any | 20 |
| amount of a drug,
substance, or intoxicating compound in the | 21 |
| person's breath, blood,
or urine resulting from the
unlawful | 22 |
| use or consumption of cannabis listed in the Cannabis Control | 23 |
| Act, a controlled substance listed in the Illinois Controlled | 24 |
| Substances
Act, an intoxicating compound listed in the Use of | 25 |
| Intoxicating Compounds
Act, or methamphetamine as listed in the | 26 |
| Methamphetamine Control and Community Protection Act, the law |
|
|
|
09600SB3732sam001 |
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LRB096 20624 AJT 37488 a |
|
| 1 |
| enforcement officer shall immediately submit a sworn report to
| 2 |
| the
circuit court of venue and the Secretary of State, | 3 |
| certifying that the test or
tests was or were requested under | 4 |
| paragraph (a) and the person refused to
submit to a test, or | 5 |
| tests, or submitted to testing that disclosed an alcohol
| 6 |
| concentration of 0.08 or more.
| 7 |
| (e) Upon receipt of the sworn report of a law enforcement | 8 |
| officer
submitted under paragraph (d), the Secretary of State | 9 |
| shall enter the
statutory summary suspension and | 10 |
| disqualification for the periods specified in Sections
6-208.1 | 11 |
| and 6-514, respectively,
and effective as provided in paragraph | 12 |
| (g).
| 13 |
| If the person is a first offender as defined in Section | 14 |
| 11-500 of this
Code, and is not convicted of a violation of | 15 |
| Section 11-501
of this Code or a similar provision of a local | 16 |
| ordinance, then reports
received by the Secretary of State | 17 |
| under this Section shall, except during
the actual time the | 18 |
| Statutory Summary Suspension is in effect, be
privileged | 19 |
| information and for use only by the courts, police officers,
| 20 |
| prosecuting authorities or the Secretary of State. However, | 21 |
| beginning January 1, 2008, if the person is a CDL holder, the | 22 |
| statutory summary suspension shall also be made available to | 23 |
| the driver licensing administrator of any other state, the U.S. | 24 |
| Department of Transportation, and the affected driver or motor | 25 |
| carrier or prospective motor carrier upon request.
Reports | 26 |
| received by the Secretary of State under this Section shall |
|
|
|
09600SB3732sam001 |
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LRB096 20624 AJT 37488 a |
|
| 1 |
| also be made available to the parent or guardian of a person | 2 |
| under the age of 18 years that holds an instruction permit or a | 3 |
| graduated driver's license, regardless of whether the | 4 |
| statutory summary suspension is in effect.
| 5 |
| (f) The law enforcement officer submitting the sworn report | 6 |
| under paragraph
(d) shall serve immediate notice of the | 7 |
| statutory summary suspension on the
person and the suspension | 8 |
| and disqualification shall be effective as provided in | 9 |
| paragraph (g). In
cases where the blood alcohol concentration | 10 |
| of 0.08 or greater or
any amount of
a drug, substance, or | 11 |
| compound resulting from the unlawful use or consumption
of | 12 |
| cannabis as covered by the Cannabis Control Act, a controlled
| 13 |
| substance
listed in the Illinois Controlled Substances Act,
an | 14 |
| intoxicating compound
listed in the Use of Intoxicating | 15 |
| Compounds Act, or methamphetamine as listed in the | 16 |
| Methamphetamine Control and Community Protection Act is | 17 |
| established by a
subsequent
analysis of blood or urine | 18 |
| collected at the time of arrest, the arresting
officer or | 19 |
| arresting agency shall give notice as provided in this Section | 20 |
| or by
deposit in the United States mail of the notice in an | 21 |
| envelope with postage
prepaid and addressed to the person at | 22 |
| his address as shown on the Uniform
Traffic Ticket and the | 23 |
| statutory summary suspension and disqualification shall begin | 24 |
| as provided in
paragraph (g). The officer shall confiscate any | 25 |
| Illinois driver's license or
permit on the person at the time | 26 |
| of arrest. If the person has a valid driver's
license or |
|
|
|
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|
| 1 |
| permit, the officer shall issue the person a receipt, in
a form | 2 |
| prescribed by the Secretary of State, that will allow that | 3 |
| person
to drive during the periods provided for in paragraph | 4 |
| (g). The officer
shall immediately forward the driver's license | 5 |
| or permit to the circuit
court of venue along with the sworn | 6 |
| report provided for in
paragraph (d).
| 7 |
| (g) The statutory summary suspension and disqualification
| 8 |
| referred to in this Section shall
take effect on the 46th day | 9 |
| following the date the notice of the statutory
summary | 10 |
| suspension was given to the person.
| 11 |
| (h) The following procedure shall apply
whenever a person | 12 |
| is arrested for any offense as defined in Section 11-501
or a | 13 |
| similar provision of a local ordinance:
| 14 |
| Upon receipt of the sworn report from the law enforcement | 15 |
| officer,
the Secretary of State shall confirm the statutory | 16 |
| summary suspension by
mailing a notice of the effective date of | 17 |
| the suspension to the person and
the court of venue. The | 18 |
| Secretary of State shall also mail notice of the effective date | 19 |
| of the disqualification to the person. However, should the | 20 |
| sworn report be defective by not
containing sufficient | 21 |
| information or be completed in error, the
confirmation of the | 22 |
| statutory summary suspension shall not be mailed to the
person | 23 |
| or entered to the record; instead, the sworn report shall
be
| 24 |
| forwarded to the court of venue with a copy returned to the | 25 |
| issuing agency
identifying any defect.
| 26 |
| (Source: P.A. 94-115, eff. 1-1-06; 95-201, eff. 1-1-08; 95-382, |
|
|
|
09600SB3732sam001 |
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LRB096 20624 AJT 37488 a |
|
| 1 |
| eff. 8-23-07; 95-876, eff. 8-21-08.)
| 2 |
| (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| 3 |
| Sec. 11-501.6. Driver involvement in personal injury or | 4 |
| fatal motor
vehicle accident - chemical test. | 5 |
| (a) Any person who drives or is in actual control of a | 6 |
| motor vehicle
upon the public highways of this State and who | 7 |
| has been involved in a
personal injury or fatal motor vehicle | 8 |
| accident, shall be deemed to have
given consent to a breath | 9 |
| test using a portable device as approved by the
Department of | 10 |
| State Police or to a chemical test or tests
of blood, breath, | 11 |
| or
urine for the purpose of determining the content of alcohol,
| 12 |
| other
drug or drugs, or intoxicating compound or compounds of | 13 |
| such
person's blood if arrested as evidenced by the issuance of | 14 |
| a Uniform Traffic
Ticket for any violation of the Illinois | 15 |
| Vehicle Code or a similar provision of
a local ordinance, with | 16 |
| the exception of equipment violations contained in
Chapter 12 | 17 |
| of this Code, or similar provisions of local ordinances. The | 18 |
| test
or tests shall be administered at the direction of the | 19 |
| arresting officer. The
law enforcement agency employing the | 20 |
| officer shall designate which of the
aforesaid tests shall be | 21 |
| administered. A urine test may be administered even
after a | 22 |
| blood or breath test or both has been administered. Compliance | 23 |
| with
this Section does not relieve such person from the | 24 |
| requirements of Section
11-501.1 of this Code.
| 25 |
| (b) Any person who is dead, unconscious or who is otherwise |
|
|
|
09600SB3732sam001 |
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LRB096 20624 AJT 37488 a |
|
| 1 |
| in a
condition rendering such person incapable of refusal shall | 2 |
| be deemed not to
have withdrawn the consent provided by | 3 |
| subsection (a) of this Section. In
addition, if a driver of a | 4 |
| vehicle is receiving medical treatment as a
result of a motor | 5 |
| vehicle accident, any physician licensed to practice
medicine, | 6 |
| registered nurse or a phlebotomist acting under the direction | 7 |
| of
a licensed physician shall withdraw blood for testing | 8 |
| purposes to ascertain
the presence of alcohol, other drug or | 9 |
| drugs, or intoxicating
compound or compounds, upon the specific | 10 |
| request of a law
enforcement officer. However, no such testing | 11 |
| shall be performed until, in
the opinion of the medical | 12 |
| personnel on scene, the withdrawal can be made
without | 13 |
| interfering with or endangering the well-being of the patient.
| 14 |
| (c) A person requested to submit to a test as provided | 15 |
| above shall be
warned by the law enforcement officer requesting | 16 |
| the test that a refusal to
submit to the test may result in the | 17 |
| mandatory revocation of the person's driving privileges under | 18 |
| Section 6-205 of this Code , and that or submission to the test | 19 |
| resulting in an alcohol
concentration of 0.08 or more, or any | 20 |
| amount of a drug, substance,
or intoxicating compound
resulting | 21 |
| from the unlawful use or consumption of cannabis, as covered by | 22 |
| the
Cannabis Control Act, a controlled substance listed in the | 23 |
| Illinois
Controlled Substances Act, an intoxicating compound | 24 |
| listed in the Use of
Intoxicating Compounds Act, or | 25 |
| methamphetamine as listed in the Methamphetamine Control and | 26 |
| Community Protection Act as detected in such person's blood or |
|
|
|
09600SB3732sam001 |
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LRB096 20624 AJT 37488 a |
|
| 1 |
| urine, may
result in the suspension of such person's privilege | 2 |
| to operate a motor vehicle and may result in the | 3 |
| disqualification of the person's privilege to operate a | 4 |
| commercial motor vehicle, as provided in Section 6-514 of this | 5 |
| Code, if the person is a CDL holder.
The length of the | 6 |
| suspension shall be the same as outlined in Section
6-208.1 of | 7 |
| this Code regarding statutory summary suspensions.
| 8 |
| (d) If the person refuses testing or submits to a test | 9 |
| which discloses
an alcohol concentration of 0.08 or more, or | 10 |
| any amount of a drug,
substance,
or intoxicating compound in | 11 |
| such person's blood or urine resulting from the
unlawful use or
| 12 |
| consumption of cannabis listed in the Cannabis Control Act, a | 13 |
| controlled
substance listed in the Illinois Controlled | 14 |
| Substances Act, an
intoxicating
compound listed in the Use of | 15 |
| Intoxicating Compounds Act, or methamphetamine as listed in the | 16 |
| Methamphetamine Control and Community Protection Act, the law
| 17 |
| enforcement officer shall immediately submit a sworn report to | 18 |
| the Secretary of
State on a form prescribed by the Secretary, | 19 |
| certifying that the test or tests
were requested pursuant to | 20 |
| subsection (a) and the person refused to submit to a
test or | 21 |
| tests or submitted to testing which disclosed an alcohol | 22 |
| concentration
of 0.08 or more, or any amount of a drug, | 23 |
| substance, or intoxicating
compound
in such
person's blood or | 24 |
| urine, resulting from the unlawful use or consumption of
| 25 |
| cannabis listed in the Cannabis Control Act, a controlled | 26 |
| substance
listed in
the Illinois Controlled Substances Act,
an |
|
|
|
09600SB3732sam001 |
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LRB096 20624 AJT 37488 a |
|
| 1 |
| intoxicating compound listed in
the Use of Intoxicating | 2 |
| Compounds Act, or methamphetamine as listed in the | 3 |
| Methamphetamine Control and Community Protection Act.
| 4 |
| Upon receipt of the sworn report of a law enforcement | 5 |
| officer indicating that the person refused to submit to | 6 |
| testing, the
Secretary shall enter the revocation to the | 7 |
| individual's driving record and the
revocation shall be | 8 |
| effective on the 46th day following the date notice of the
| 9 |
| suspension was given to the person. | 10 |
| Upon receipt of the sworn report of a law enforcement | 11 |
| officer indicating that the person submitted to testing as | 12 |
| requested by the law enforcement officer and the test disclosed
| 13 |
| an alcohol concentration of 0.08 or more, or any amount of a | 14 |
| drug,
substance,
or intoxicating compound in such person's | 15 |
| blood or urine resulting from the
unlawful use or
consumption | 16 |
| of cannabis listed in the Cannabis Control Act, a controlled
| 17 |
| substance listed in the Illinois Controlled Substances Act, an
| 18 |
| intoxicating
compound listed in the Use of Intoxicating | 19 |
| Compounds Act, or methamphetamine as listed in the | 20 |
| Methamphetamine Control and Community Protection Act , the
| 21 |
| Secretary shall enter the suspension and disqualification to | 22 |
| the individual's driving record and the
suspension and | 23 |
| disqualification shall be effective on the 46th day following | 24 |
| the date notice of the
suspension was given to the person.
| 25 |
| The law enforcement officer submitting the sworn report | 26 |
| shall serve immediate
notice of this revocation or suspension |
|
|
|
09600SB3732sam001 |
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LRB096 20624 AJT 37488 a |
|
| 1 |
| on the person and such revocation or suspension and | 2 |
| disqualification shall be effective
on the 46th day following | 3 |
| the date notice was given.
| 4 |
| In cases where the blood alcohol concentration of 0.08 or | 5 |
| more,
or any amount
of a drug, substance, or intoxicating | 6 |
| compound resulting from the unlawful
use or
consumption of | 7 |
| cannabis as listed in the Cannabis Control Act, a
controlled
| 8 |
| substance listed in the Illinois Controlled Substances Act,
an
| 9 |
| intoxicating
compound listed in the Use of Intoxicating | 10 |
| Compounds Act, or methamphetamine as listed in the | 11 |
| Methamphetamine Control and Community Protection Act, is | 12 |
| established by a
subsequent analysis of blood or urine | 13 |
| collected at the time of arrest, the
arresting officer shall | 14 |
| give notice as provided in this Section or by deposit
in the | 15 |
| United States mail of such notice in an envelope with postage | 16 |
| prepaid
and addressed to such person at his address as shown on | 17 |
| the Uniform Traffic
Ticket and the suspension and | 18 |
| disqualification shall be effective on the 46th day following | 19 |
| the date
notice was given.
| 20 |
| Upon receipt of the sworn report of a law enforcement | 21 |
| officer, the Secretary
shall also give notice of the suspension | 22 |
| and disqualification to the driver by mailing a notice of
the | 23 |
| effective date of the suspension and disqualification to the | 24 |
| individual. However, should the
sworn report be defective by | 25 |
| not containing sufficient information or be
completed in error, | 26 |
| the notice of the suspension and disqualification shall not be |
|
|
|
09600SB3732sam001 |
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LRB096 20624 AJT 37488 a |
|
| 1 |
| mailed to the
person or entered to the driving record, but | 2 |
| rather the sworn report shall be
returned to the issuing law | 3 |
| enforcement agency.
| 4 |
| (e) A driver may contest the this suspension of his or her
| 5 |
| driving privileges and disqualification of his or her CDL | 6 |
| privileges by
requesting an administrative hearing with the | 7 |
| Secretary in accordance with
Section 2-118 of this Code. At the | 8 |
| conclusion of a hearing held under
Section 2-118 of this Code, | 9 |
| the Secretary may rescind, continue, or modify the
orders
of | 10 |
| suspension and disqualification. If the Secretary does not | 11 |
| rescind the orders of suspension and disqualification, a | 12 |
| restricted
driving permit may be granted by the Secretary upon | 13 |
| application being made and
good cause shown. A restricted | 14 |
| driving permit may be granted to relieve undue
hardship to | 15 |
| allow driving for employment, educational, and medical | 16 |
| purposes as
outlined in Section 6-206 of this Code. The | 17 |
| provisions of Section 6-206 of
this Code shall apply. In | 18 |
| accordance with 49 C.F.R. 384, the Secretary of State may not | 19 |
| issue a restricted driving permit for the operation of a | 20 |
| commercial motor vehicle to a person holding a CDL whose | 21 |
| driving privileges have been suspended, revoked, cancelled, or | 22 |
| disqualified.
| 23 |
| (e-5) A driver may contest the revocation of his or her
| 24 |
| driving privileges by requesting a hearing pursuant to Section | 25 |
| 2-118.2 of this Code. The driver shall not be eligible for a | 26 |
| restricted driving permit. |
|
|
|
09600SB3732sam001 |
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LRB096 20624 AJT 37488 a |
|
| 1 |
| (f) (Blank).
| 2 |
| (g) For the purposes of this Section, a personal injury | 3 |
| shall include
any type A injury as indicated on the traffic | 4 |
| accident report completed
by a law enforcement officer that | 5 |
| requires immediate professional attention
in either a doctor's | 6 |
| office or a medical facility. A type A injury shall
include | 7 |
| severely bleeding wounds, distorted extremities, and injuries | 8 |
| that
require the injured party to be carried from the scene.
| 9 |
| (Source: P.A. 95-382, eff. 8-23-07.)".
|
|