State of Illinois
90th General Assembly
Legislation

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90_SB0008

      625 ILCS 5/1-203.1        from Ch. 95 1/2, par. 1-203.1
      625 ILCS 5/2-118.1        from Ch. 95 1/2, par. 2-118.1
      625 ILCS 5/6-206          from Ch. 95 1/2, par. 6-206
      625 ILCS 5/6-208.1        from Ch. 95 1/2, par. 6-208.1
      625 ILCS 5/6-517          from Ch. 95 1/2, par. 6-517
      625 ILCS 5/6-520          from Ch. 95 1/2, par. 6-520
      625 ILCS 5/11-500         from Ch. 95 1/2, par. 11-500
      625 ILCS 5/11-501         from Ch. 95 1/2, par. 11-501
      625 ILCS 5/11-501.1       from Ch. 95 1/2, par. 11-501.1
      625 ILCS 5/11-501.2       from Ch. 95 1/2, par. 11-501.2
      625 ILCS 5/11-501.6       from Ch. 95 1/2, par. 11-501.6
      625 ILCS 5/11-501.8
      720 ILCS 5/9-3            from Ch. 38, par. 9-3
          Amends the Criminal Code of 1961 and the Illinois Vehicle
      Code.  Lowers the blood alcohol concentration level at  which
      a  person  is  presumed  to be under the influence of alcohol
      from 0.10 to 0.08.  Effective immediately.
                                                     SRS90S0001AKsa
                                               SRS90S0001AKsa
 1        AN ACT in relation to blood alcohol concentration levels,
 2    amending named Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 6    changing Sections 1-203.1, 2-118.1,  6-206,  6-208.1,  6-517,
 7    6-520,  11-500,  11-501,  11-501.1,  11-501.2,  11-501.6, and
 8    11-501.8 as follows:
 9        (625 ILCS 5/1-203.1) (from Ch. 95 1/2, par. 1-203.1)
10        Sec. 1-203.1.  Statutory summary alcohol  or  other  drug
11    related suspension of driver's privileges.  The withdrawal by
12    the  circuit  court  of  a  person's  license or privilege to
13    operate a motor  vehicle  on  the  public  highways  for  the
14    periods provided in Section 6-208.1.  Reinstatement after the
15    suspension period shall occur after all appropriate fees have
16    been  paid,  unless the court notifies the Secretary of State
17    that the person should be disqualified. The  bases  for  this
18    withdrawal  of  driving  privileges shall be the individual's
19    refusal to submit to or failure to complete a  chemical  test
20    or tests following an arrest for the offense of driving under
21    the  influence  of  alcohol  or  other  drugs,  or  both,  or
22    submission  to  such  a  test  or tests indicating an alcohol
23    concentration of 0.08 0.10 or more  as  provided  in  Section
24    11-501.1 of this Code.
25    (Source: P.A. 84-1394.)
26        (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
27        Sec. 2-118.1.  Opportunity for hearing; statutory summary
28    alcohol or other drug related suspension.
29        (a)  A statutory summary suspension of driving privileges
30    under  Section  11-501.1 shall not become effective until the
                            -2-                SRS90S0001AKsa
 1    person is notified in writing of the impending suspension and
 2    informed that he may request a hearing in the  circuit  court
 3    of  venue  under  paragraph  (b)  of  this  Section  and  the
 4    statutory   summary  suspension  shall  become  effective  as
 5    provided in Section 11-501.1.
 6        (b)  Within 90 days after the notice of statutory summary
 7    suspension served under Section 11-501.1, the person may make
 8    a written request for a judicial hearing in the circuit court
 9    of venue.  The request to the circuit court shall  state  the
10    grounds  upon  which  the  person seeks to have the statutory
11    summary suspension rescinded. Within 30 days after receipt of
12    the written request or  the  first  appearance  date  on  the
13    Uniform  Traffic  Ticket  issued  pursuant  to a violation of
14    Section 11-501, or a similar provision of a local  ordinance,
15    the  hearing  shall  be conducted by the circuit court having
16    jurisdiction. This  judicial  hearing,  request,  or  process
17    shall not stay or delay the statutory summary suspension. The
18    hearings  shall proceed in the court in the same manner as in
19    other civil proceedings.
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
24    for   a   continuance   if  in  the  court's  discretion  the
25    continuance is appropriate.
26        The scope of the hearing shall be limited to  the  issues
27    of:
28             1.  Whether  the  person was placed under arrest for
29        an offense as defined in Section  11-501,  or  a  similar
30        provision  of  a  local  ordinance,  as  evidenced by the
31        issuance of a Uniform Traffic Ticket, or issued a Uniform
32        Traffic Ticket out of state as provided in subsection (a)
33        of Section 11-501.1; and
34             2.  Whether the officer had  reasonable  grounds  to
                            -3-                SRS90S0001AKsa
 1        believe that the person was driving or in actual physical
 2        control of a motor vehicle upon a highway while under the
 3        influence of alcohol, other drug, or combination of both;
 4        and
 5             3.  Whether  the  person, after being advised by the
 6        officer that the privilege to  operate  a  motor  vehicle
 7        would be suspended if the person refused to submit to and
 8        complete  the  test  or tests, did refuse to submit to or
 9        complete the test or  tests  to  determine  the  person's
10        alcohol or drug concentration; or
11             4.  Whether  the  person, after being advised by the
12        officer that the privilege to  operate  a  motor  vehicle
13        would  be  suspended  if the person submits to a chemical
14        test,  or  tests,  and  the  test  discloses  an  alcohol
15        concentration of 0.08 0.10 or more, or any  amount  of  a
16        drug,  substance,  or  compound  in the person's blood or
17        urine resulting from the unlawful use or  consumption  of
18        cannabis   listed  in  the  Cannabis  Control  Act  or  a
19        controlled substance listed in  the  Illinois  Controlled
20        Substances Act, and the person did submit to and complete
21        the   test   or   tests   that   determined   an  alcohol
22        concentration of 0.08 0.10 or more.
23        Upon the conclusion of the judicial hearing, the  circuit
24    court   shall   sustain  or  rescind  the  statutory  summary
25    suspension and immediately notify  the  Secretary  of  State.
26    Reports received by the Secretary of State under this Section
27    shall  be  privileged  information  and  for  use only by the
28    courts, police officers, and Secretary of State.
29    (Source: P.A. 88-463; 89-156, eff. 1-1-96.)
30        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
31        Sec. 6-206.  Discretionary authority to suspend or revoke
32    license or permit; Right to a hearing.
33        (a)  The Secretary of State is authorized to  suspend  or
                            -4-                SRS90S0001AKsa
 1    revoke   the   driving   privileges  of  any  person  without
 2    preliminary hearing upon a showing of the person's records or
 3    other sufficient evidence that the person:
 4             1.  Has committed an  offense  for  which  mandatory
 5        revocation  of  a  driver's license or permit is required
 6        upon conviction;
 7             2.  Has been convicted of not less than  3  offenses
 8        against  traffic  regulations  governing  the movement of
 9        vehicles  committed  within  any  12  month  period.   No
10        revocation or suspension shall be  entered  more  than  6
11        months after the date of last conviction;
12             3.  Has  been  repeatedly  involved  as  a driver in
13        motor vehicle collisions or has been repeatedly convicted
14        of offenses against laws and  ordinances  regulating  the
15        movement  of  traffic, to a degree that indicates lack of
16        ability to exercise ordinary and reasonable care  in  the
17        safe  operation  of a motor vehicle or disrespect for the
18        traffic laws and the safety of  other  persons  upon  the
19        highway;
20             4.  Has by the unlawful operation of a motor vehicle
21        caused  or  contributed to an accident resulting in death
22        or injury requiring immediate professional treatment in a
23        medical facility or doctor's office to any person, except
24        that  any  suspension  or  revocation  imposed   by   the
25        Secretary   of   State   under  the  provisions  of  this
26        subsection shall start no later than 6 months after being
27        convicted of violating a law or ordinance regulating  the
28        movement  of  traffic,  which violation is related to the
29        accident, or shall start not more than one year after the
30        date of the accident, whichever date occurs later;
31             5.  Has permitted an unlawful or fraudulent use of a
32        driver's license, identification card, or permit;
33             6.  Has been lawfully convicted  of  an  offense  or
34        offenses  in  another  state, including the authorization
                            -5-                SRS90S0001AKsa
 1        contained in Section 6-203.1, which if  committed  within
 2        this State would be grounds for suspension or revocation;
 3             7.  Has   refused   or   failed   to  submit  to  an
 4        examination provided for by Section 6-207 or  has  failed
 5        to pass the examination;
 6             8.  Is  ineligible  for a driver's license or permit
 7        under the provisions of Section 6-103;
 8             9.  Has  made  a  false   statement   or   knowingly
 9        concealed  a  material fact or has used false information
10        or identification  in  any  application  for  a  license,
11        identification card, or permit;
12             10.  Has   possessed,  displayed,  or  attempted  to
13        fraudulently use any  license,  identification  card,  or
14        permit not issued to the person;
15             11.  Has  operated a motor vehicle upon a highway of
16        this  State  when  the  person's  driving  privilege   or
17        privilege  to  obtain  a  driver's  license or permit was
18        revoked or suspended unless the operation was  authorized
19        by  a  judicial  driving  permit, probationary license to
20        drive, or a restricted driving permit issued  under  this
21        Code;
22             12.  Has submitted to any portion of the application
23        process  for  another person or has obtained the services
24        of another  person  to  submit  to  any  portion  of  the
25        application  process  for  the  purpose  of  obtaining  a
26        license,  identification  card,  or permit for some other
27        person;
28             13.  Has operated a motor vehicle upon a highway  of
29        this State when the person's driver's license was invalid
30        under the provisions of Section 6-110.  Provided that for
31        the  first offense the Secretary of State may suspend the
32        driver's license for not  more  than  60  days,  for  the
33        second  offense  not more than 90 days, and for the third
34        offense not more than one year;
                            -6-                SRS90S0001AKsa
 1             14.  Has committed a  violation  of  Section  6-301,
 2        6-301.1,  or  6-301.2 of this Act, or Section 14, 14A, or
 3        14B of the Illinois Identification Card Act;
 4             15.  Has been convicted of violating Section 21-2 of
 5        the Criminal Code of 1961 relating to  criminal  trespass
 6        to  vehicles  in  which case, the suspension shall be for
 7        one year;
 8             16.  Has been convicted of violating Section  11-204
 9        of this Code relating to fleeing from a police officer;
10             17.  Has  refused  to submit to a test, or tests, as
11        required under Section 11-501.1  of  this  Code  and  the
12        person  has  not  sought  a  hearing  as  provided for in
13        Section 11-501.1;
14             18.  Has, since issuance of a  driver's  license  or
15        permit,  been  adjudged to be afflicted with or suffering
16        from any mental disability or disease;
17             19.  Has committed a violation of paragraph  (a)  or
18        (b)  of  Section  6-101  relating  to  driving  without a
19        driver's license;
20             20.  Has been convicted of violating  Section  6-104
21        relating to classification of driver's license;
22             21.  Has  been convicted of violating Section 11-402
23        of this Code relating to leaving the scene of an accident
24        resulting in damage to a vehicle in excess of $1,000,  in
25        which case the suspension shall be for one year;
26             22.  Has used a motor vehicle in violating paragraph
27        (3),  (4),  (7), or (9) of subsection (a) of Section 24-1
28        of the Criminal Code of 1961 relating to unlawful use  of
29        weapons,  in  which  case the suspension shall be for one
30        year;
31             23.  Has, as a driver, been convicted of  committing
32        a  violation  of  paragraph (a) of Section 11-502 of this
33        Code for a second or subsequent time within one year of a
34        similar violation;
                            -7-                SRS90S0001AKsa
 1             24.  Has  been  convicted  by  a  court-martial   or
 2        punished   by   non-judicial   punishment   by   military
 3        authorities   of   the   United   States  at  a  military
 4        installation in Illinois of  or  for  a  traffic  related
 5        offense  that  is  the  same  as or similar to an offense
 6        specified under Section 6-205 or 6-206 of this Code;
 7             25.  Has permitted any form of identification to  be
 8        used  by  another  in the application process in order to
 9        obtain or attempt to  obtain  a  license,  identification
10        card, or permit;
11             26.  Has  altered or attempted to alter a license or
12        has possessed an altered license, identification card, or
13        permit;
14             27.  Has violated Section 6-16 of the Liquor Control
15        Act of 1934;
16             28.  Has been convicted of the  illegal  possession,
17        while  operating  or  in  actual  physical  control, as a
18        driver, of a motor vehicle, of any  controlled  substance
19        prohibited  under  the Illinois Controlled Substances Act
20        or any cannabis prohibited under the  provisions  of  the
21        Cannabis  Control Act, in which case the person's driving
22        privileges shall be  suspended  for  one  year,  and  any
23        driver  who  is  convicted  of  a  second  or  subsequent
24        offense, within 5 years of a previous conviction, for the
25        illegal possession, while operating or in actual physical
26        control,  as  a  driver,  of  a  motor  vehicle,  of  any
27        controlled  substance  prohibited under the provisions of
28        the Illinois Controlled Substances Act  or  any  cannabis
29        prohibited  under  the  Cannabis  Control  Act  shall  be
30        suspended for 5 years. Any defendant found guilty of this
31        offense  while  operating  a motor vehicle, shall have an
32        entry made in the court record  by  the  presiding  judge
33        that  this  offense  did  occur  while  the defendant was
34        operating a motor vehicle and  order  the  clerk  of  the
                            -8-                SRS90S0001AKsa
 1        court to report the violation to the Secretary of State;
 2             29.  Has  been  convicted  of the following offenses
 3        that were committed while the person was operating or  in
 4        actual physical control, as a driver, of a motor vehicle:
 5        criminal   sexual   assault,  predatory  criminal  sexual
 6        assault of a child, aggravated criminal  sexual  assault,
 7        criminal  sexual abuse, aggravated criminal sexual abuse,
 8        juvenile pimping, soliciting for  a  juvenile  prostitute
 9        and  the  manufacture,  sale  or  delivery  of controlled
10        substances or instruments used for illegal  drug  use  or
11        abuse in which case the driver's driving privileges shall
12        be suspended for one year;
13             30.  Has  been convicted a second or subsequent time
14        for any combination of the offenses named in paragraph 29
15        of this subsection, in which case  the  person's  driving
16        privileges shall be suspended for 5 years;
17             31.  Beginning  on  January 1, 1991, has Has refused
18        to submit to a test as required by  Section  11-501.6  or
19        has   submitted   to  a  test  resulting  in  an  alcohol
20        concentration of 0.08 0.10 or more or  any  amount  of  a
21        drug,  substance, or compound resulting from the unlawful
22        use or consumption of cannabis as listed in the  Cannabis
23        Control  Act  or  a controlled substance as listed in the
24        Illinois Controlled Substances  Act  in  which  case  the
25        penalty shall be as prescribed in Section 6-208.1;
26             32.  Has  been  convicted  of  Section 24-1.2 of the
27        Criminal  Code  of  1961  relating  to   the   aggravated
28        discharge  of  a firearm if the offender was located in a
29        motor vehicle at the time the firearm was discharged,  in
30        which case the suspension shall be for 3 years; or
31             33.  Has as  a driver, who was less than 21 years of
32        age  on  the  date of the offense, been convicted a first
33        time of a violation of paragraph (a) of Section 11-502 of
34        this Code or a similar provision of a local ordinance.
                            -9-                SRS90S0001AKsa
 1        For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
 2    and  27  of  this  subsection,  license  means  any  driver's
 3    license, any traffic ticket issued when the person's driver's
 4    license  is  deposited  in  lieu of bail, a suspension notice
 5    issued by the Secretary of State, a  duplicate  or  corrected
 6    driver's  license,  a  probationary  driver's  license  or  a
 7    temporary driver's license.
 8        (b)  If  any conviction forming the basis of a suspension
 9    or revocation authorized under this Section is appealed,  the
10    Secretary  of  State may rescind or withhold the entry of the
11    order of suspension  or  revocation,  as  the  case  may  be,
12    provided  that a certified copy of a stay order of a court is
13    filed with the Secretary of  State.   If  the  conviction  is
14    affirmed  on  appeal, the date of the conviction shall relate
15    back to the time the  original  judgment  of  conviction  was
16    entered  and  the  6  month  limitation  prescribed shall not
17    apply.
18        (c) 1.  Upon suspending or revoking the driver's  license
19        or  permit  of  any person as authorized in this Section,
20        the Secretary  of  State  shall  immediately  notify  the
21        person  in  writing  of the revocation or suspension. The
22        notice to be deposited in the United States mail, postage
23        prepaid, to the last known address of the person.
24             2.  If the Secretary of State suspends the  driver's
25        license  of  a person under subsection 2 of paragraph (a)
26        of this  Section,  a  person's  privilege  to  operate  a
27        vehicle as an occupation shall not be suspended, provided
28        an  affidavit  is properly completed, the appropriate fee
29        received, and a permit issued prior to the effective date
30        of the suspension, unless 5 offenses were  committed,  at
31        least  2  of  which occurred while operating a commercial
32        vehicle  in  connection   with   the   driver's   regular
33        occupation.   All   other  driving  privileges  shall  be
34        suspended by the Secretary of State. Any driver prior  to
                            -10-               SRS90S0001AKsa
 1        operating  a  vehicle for occupational purposes only must
 2        submit the affidavit on  forms  to  be  provided  by  the
 3        Secretary  of  State  setting  forth  the  facts  of  the
 4        person's  occupation.  The affidavit shall also state the
 5        number of offenses committed while operating a vehicle in
 6        connection with  the  driver's  regular  occupation.  The
 7        affidavit  shall  be accompanied by the driver's license.
 8        Upon receipt  of  a  properly  completed  affidavit,  the
 9        Secretary  of  State  shall  issue the driver a permit to
10        operate a vehicle in connection with the driver's regular
11        occupation only. Unless  the  permit  is  issued  by  the
12        Secretary  of  State prior to the date of suspension, the
13        privilege to drive any motor vehicle shall  be  suspended
14        as  set  forth  in  the notice that was mailed under this
15        Section. If an affidavit is received  subsequent  to  the
16        effective date of this suspension, a permit may be issued
17        for the remainder of the suspension period.
18             The  provisions of this subparagraph shall not apply
19        to any driver required to obtain  a  commercial  driver's
20        license  under  Section  6-507  during  the  period  of a
21        disqualification of commercial driving  privileges  under
22        Section 6-514.
23             Any  person  who  falsely  states  any  fact  in the
24        affidavit required herein  shall  be  guilty  of  perjury
25        under  Section  6-302  and  upon conviction thereof shall
26        have  all  driving  privileges  revoked  without  further
27        rights.
28             3.  At the conclusion of  a  hearing  under  Section
29        2-118  of  this Code, the Secretary of State shall either
30        rescind or continue  an  order  of  revocation  or  shall
31        substitute   an  order  of  suspension;  or,  good  cause
32        appearing therefor, rescind, continue, change, or  extend
33        the  order of suspension.  If the Secretary of State does
34        not  rescind  the   order,   the   Secretary   may   upon
                            -11-               SRS90S0001AKsa
 1        application,   to   relieve   undue   hardship,  issue  a
 2        restricted  driving  permit  granting  the  privilege  of
 3        driving  a  motor  vehicle   between   the   petitioner's
 4        residence  and petitioner's place of employment or within
 5        the scope of his employment related duties, or  to  allow
 6        transportation  for the petitioner, or a household member
 7        of the petitioner's family, to receive necessary  medical
 8        care   and  if  the  professional  evaluation  indicates,
 9        provide   transportation   for   alcohol   remedial    or
10        rehabilitative  activity, or for the petitioner to attend
11        classes, as  a  student,  in  an  accredited  educational
12        institution;  if  the  petitioner  is able to demonstrate
13        that no alternative means of transportation is reasonably
14        available and the petitioner will not endanger the public
15        safety or welfare. In each case the Secretary may issue a
16        restricted   driving   permit   for   a   period   deemed
17        appropriate, except that all permits shall expire  within
18        one year from the date of issuance.  A restricted driving
19        permit  issued  under  this  Section  shall be subject to
20        cancellation, revocation, and suspension by the Secretary
21        of State in like manner and for like cause as a  driver's
22        license issued under this Code may be cancelled, revoked,
23        or  suspended;  except that a conviction upon one or more
24        offenses  against  laws  or  ordinances  regulating   the
25        movement  of traffic shall be deemed sufficient cause for
26        the  revocation,  suspension,  or   cancellation   of   a
27        restricted driving permit. The Secretary of State may, as
28        a  condition  to  the  issuance  of  a restricted driving
29        permit,  require  the  applicant  to  participate  in   a
30        designated driver remedial or rehabilitative program. The
31        Secretary  of  State is authorized to cancel a restricted
32        driving permit if the permit holder does not successfully
33        complete the program.
34        (d)  This Section is subject to  the  provisions  of  the
                            -12-               SRS90S0001AKsa
 1    Drivers License Compact.
 2    (Source: P.A.  88-45;  88-209;  88-211; 88-670, eff. 12-2-94;
 3    89-283, eff. 1-1-96;  89-428,  eff.  12-13-95;  89-462,  eff.
 4    5-29-96.)
 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 or
 7    other drug related suspension.
 8        (a)  Unless the statutory  summary  suspension  has  been
 9    rescinded,  any  person  whose  privilege  to  drive  a motor
10    vehicle on the public highways has been summarily  suspended,
11    pursuant  to  Section  11-501.1,  shall  not  be eligible for
12    restoration of the privilege until the expiration of:
13             1.  Six  months  from  the  effective  date  of  the
14        statutory summary suspension for a refusal or failure  to
15        complete a test or tests to determine the alcohol or drug
16        concentration, pursuant to Section 11-501.1; or
17             2.  Three  months  from  the  effective  date of the
18        statutory  summary  suspension  imposed   following   the
19        person's submission to a chemical test which disclosed an
20        alcohol concentration of 0.08 0.10 or more, or any amount
21        of  a  drug, substance or compound in such person's blood
22        or urine resulting from the unlawful use  or  consumption
23        of  cannabis  listed  in  the  Cannabis  Control Act or a
24        controlled substance listed in  the  Illinois  Controlled
25        Substances Act, pursuant to Section 11-501.1; or
26             3.  Two   years  from  the  effective  date  of  the
27        statutory summary suspension for any person other than  a
28        first offender who refuses or fails to complete a test or
29        tests  to  determine  the  alcohol  or drug concentration
30        pursuant to Section 11-501.1; or
31             4.  One year from the effective date of the  summary
32        suspension  imposed  for  any  person  other than a first
33        offender following submission to a  chemical  test  which
                            -13-               SRS90S0001AKsa
 1        disclosed  an  alcohol concentration of 0.08 0.10 or more
 2        pursuant to Section 11-501.1 or any  amount  of  a  drug,
 3        substance  or  compound  in  such person's blood or urine
 4        resulting  from  the  unlawful  use  or  consumption   of
 5        cannabis   listed  in  the  Cannabis  Control  Act  or  a
 6        controlled substance listed in  the  Illinois  Controlled
 7        Substances Act.
 8        (b)  Following  a  statutory  summary  suspension  of the
 9    privilege to drive a motor vehicle  under  Section  11-501.1,
10    full  driving  privileges shall be restored unless the person
11    is otherwise disqualified by this Code.   If  the  court  has
12    reason  to believe that the person's driving privilege should
13    not be restored, the court  shall  notify  the  Secretary  of
14    State  prior  to  the  expiration  of  the  statutory summary
15    suspension so appropriate action may  be  taken  pursuant  to
16    this Code.
17        (c)  Full  driving  privileges  may not be restored until
18    all applicable reinstatement fees, as provided by this  Code,
19    have  been paid to the Secretary of State and the appropriate
20    entry made to the driver's record.
21        (d)  Where  a  driving  privilege  has   been   summarily
22    suspended   under   Section   11-501.1   and  the  person  is
23    subsequently convicted of  violating  Section  11-501,  or  a
24    similar   provision  of  a  local  ordinance,  for  the  same
25    incident, any period served on statutory  summary  suspension
26    shall  be credited toward the minimum period of revocation of
27    driving privileges imposed pursuant to Section 6-205.
28        (e)  Following a statutory summary suspension of  driving
29    privileges   pursuant   to  Section  11-501.1,  for  a  first
30    offender, the circuit court may, after at least 30 days  from
31    the effective date of the statutory summary suspension, issue
32    a judicial driving permit as provided in Section 6-206.1.
33        (f)  Subsequent to an arrest of a first offender, for any
34    offense  as  defined in Section 11-501 or a similar provision
                            -14-               SRS90S0001AKsa
 1    of  a  local  ordinance,  following   a   statutory   summary
 2    suspension   of   driving   privileges  pursuant  to  Section
 3    11-501.1, for a first offender, the circuit court may issue a
 4    court order directing the  Secretary  of  State  to  issue  a
 5    judicial  driving  permit  as  provided  in  Section 6-206.1.
 6    However, this JDP shall not be effective prior  to  the  31st
 7    day of the statutory summary suspension.
 8        (g)  Following  a statutory summary suspension of driving
 9    privileges pursuant to Section 11-501.1 where the person  was
10    not  a  first offender, as defined in Section 11-500 and such
11    person refused or failed to  complete  a  test  or  tests  to
12    determine  the  alcohol  or  drug  concentration  pursuant to
13    Section 11-501.1, the Secretary of State shall  not  issue  a
14    restricted driving permit.
15        (h)  Following  a statutory summary suspension of driving
16    privileges pursuant to Section 11-501.1 where the person  was
17    not  a  first  offender as defined in Section 11-500 and such
18    person submitted  to  a  chemical  test  which  disclosed  an
19    alcohol concentration of 0.08 .10 or more pursuant to Section
20    11-501.1,  the Secretary of State may, after at least 90 days
21    from the effective date of the statutory summary  suspension,
22    issue a restricted driving permit.
23    (Source: P.A. 88-415; 89-203, eff. 7-21-95.)
24        (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
25        Sec. 6-517.  Commercial driver-implied consent warnings.
26        (a)  Any person driving a commercial motor vehicle who is
27    requested  by a police officer, pursuant to Section 6-516, to
28    submit to a chemical test or tests to determine  the  alcohol
29    concentration or any amount of a drug, substance, or compound
30    resulting  from  the  unlawful use or consumption of cannabis
31    listed in the Cannabis Control Act or a controlled  substance
32    listed  in  the  Illinois  Controlled  Substances Act in such
33    person's  system,  must  be  warned  by  the  police  officer
                            -15-               SRS90S0001AKsa
 1    requesting the test or tests that a refusal to submit to  the
 2    test  or  tests  will result in that person being immediately
 3    placed out-of-service for a period  of  24  hours  and  being
 4    disqualified  from operating a commercial motor vehicle for a
 5    period of not less than 12 months; the person shall  also  be
 6    warned that if such person submits to testing which discloses
 7    an  alcohol  concentration of greater than 0.00 but less than
 8    0.04 or any amount of a drug, substance, or compound in  such
 9    person's  blood  or  urine resulting from the unlawful use or
10    consumption of cannabis listed in the Cannabis Control Act or
11    a controlled substance  listed  in  the  Illinois  Controlled
12    Substances  Act,  such  person  shall  be  placed immediately
13    out-of-service for a  period  of  24  hours;  if  the  person
14    submits  to  testing which discloses an alcohol concentration
15    of 0.04 or more or  any  amount  of  a  drug,  substance,  or
16    compound  in  such person's blood or urine resulting from the
17    unlawful  use  or  consumption  of  cannabis  listed  in  the
18    Cannabis Control Act or a controlled substance listed in  the
19    Illinois  Controlled  Substances  Act,  such  person shall be
20    placed  immediately  out-of-service  and  disqualified   from
21    driving  a  commercial motor vehicle for a period of at least
22    12 months; also the person  shall  be  warned  that  if  such
23    testing  discloses  an alcohol concentration of 0.08 0.10, or
24    more or any amount of a drug, substance, or compound in  such
25    person's  blood  or  urine resulting from the unlawful use or
26    consumption of cannabis listed in the Cannabis Control Act or
27    a controlled substance  listed  in  the  Illinois  Controlled
28    Substances  Act,  in addition to the person being immediately
29    placed out-of-service  and  disqualified  for  12  months  as
30    provided  in  this  UCDLA,  the results of such testing shall
31    also be admissible in prosecutions for violations of  Section
32    11-501   of   this  Code,  or  similar  violations  of  local
33    ordinances, however, such results shall not be used to impose
34    any driving sanctions pursuant to Section  11-501.1  of  this
                            -16-               SRS90S0001AKsa
 1    Code.
 2        The person shall also be warned that any disqualification
 3    imposed  pursuant  to this Section, shall be for life for any
 4    such offense or refusal, or combination thereof; including  a
 5    conviction  for  violating  Section  11-501  while  driving a
 6    commercial motor vehicle,  or  similar  provisions  of  local
 7    ordinances,   committed  a  second  time  involving  separate
 8    incidents.
 9        (b)  If the person refuses or fails to complete  testing,
10    or submits to a test which discloses an alcohol concentration
11    of  at  least  0.04,  or  any amount of a drug, substance, or
12    compound in such person's blood or urine resulting  from  the
13    unlawful  use  or  consumption  of  cannabis  listed  in  the
14    Cannabis  Control Act or a controlled substance listed in the
15    Illinois  Controlled  Substances  Act,  the  law  enforcement
16    officer must submit a Sworn Report to the Secretary of State,
17    in a form prescribed by the Secretary,  certifying  that  the
18    test  or  tests was requested pursuant to paragraph (a); that
19    the person was warned, as provided in paragraph (a) and  that
20    such  person  refused  to  submit  to  or  failed to complete
21    testing, or submitted to a test which  disclosed  an  alcohol
22    concentration  of  0.04  or  more,  or  any amount of a drug,
23    substance, or  compound  in  such  person's  blood  or  urine
24    resulting  from  the  unlawful use or consumption of cannabis
25    listed in the Cannabis Control Act or a controlled  substance
26    listed in the Illinois Controlled Substances Act.
27        (c)  The police officer submitting the Sworn Report under
28    this  Section  shall serve notice of the CDL disqualification
29    on  the  person  and  such  CDL  disqualification  shall   be
30    effective  as  provided in paragraph (d).  In cases where the
31    blood alcohol concentration of 0.04 or more, or any amount of
32    a drug, substance, or compound  in  such  person's  blood  or
33    urine  resulting  from  the  unlawful  use  or consumption of
34    cannabis listed in the Cannabis Control Act or  a  controlled
                            -17-               SRS90S0001AKsa
 1    substance  listed  in the Illinois Controlled Substances Act,
 2    is established by  subsequent  analysis  of  blood  or  urine
 3    collected  at  the  time  of  the request, the police officer
 4    shall give notice as provided in this Section or  by  deposit
 5    in  the United States mail of such notice as provided in this
 6    Section or by deposit in  the  United  States  mail  of  such
 7    notice  in  an envelope with postage prepaid and addressed to
 8    such persons' domiciliary  address  as  shown  on  the  Sworn
 9    Report  and  the CDL disqualification shall begin as provided
10    in paragraph (d).
11        (d)  The CDL disqualification referred to in this Section
12    shall take effect on the 46th  day  following  the  date  the
13    Sworn Report was given to the affected person.
14        (e)  Upon  receipt  of  the  Sworn Report from the police
15    officer, the Secretary of State shall disqualify  the  person
16    from  driving  any commercial motor vehicle and shall confirm
17    the  CDL  disqualification  by  mailing  the  notice  of  the
18    effective date to the  person.   However,  should  the  Sworn
19    Report  be defective by not containing sufficient information
20    or be  completed  in  error,  the  confirmation  of  the  CDL
21    disqualification  shall  not be mailed to the affected person
22    or entered into the record, instead the Sworn Report shall be
23    forwarded to the issuing agency identifying any such defect.
24    (Source: P.A. 88-212.)
25        (625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
26        Sec.  6-520.   CDL  disqualification  or   out-of-service
27    order; hearing.
28        (a)  A  disqualification of commercial driving privileges
29    by the Secretary of State, pursuant to this UCDLA, shall  not
30    become  effective until the person is notified in writing, by
31    the Secretary, of the impending disqualification and  advised
32    that a CDL hearing may be requested.
33        (b)  Upon receipt of the notice of a CDL disqualification
                            -18-               SRS90S0001AKsa
 1    not  based  upon  a  conviction,  an out-of-service order, or
 2    notification that a CDL disqualification is forthcoming,  the
 3    person may make a written petition in a form, approved by the
 4    Secretary  of  State,  for a CDL hearing.  Such petition must
 5    state the grounds upon which the person seeks to have the CDL
 6    disqualification  rescinded  or  the   out-of-service   order
 7    removed  from  the  person's  driving record.  Within 10 days
 8    after the receipt of such petition, it shall be  reviewed  by
 9    the  Director  of  the Department of Administrative Hearings,
10    Office  of  the  Secretary  of  State,  or  by  an  appointed
11    designee.  If it is determined that the petition on its  face
12    does  not  state  grounds upon which the relief may be based,
13    the petition for a  CDL  hearing  shall  be  denied  and  the
14    disqualification shall become effective as if no petition had
15    been  filed  and the out-of-service order shall be sustained.
16    If such petition is so denied, the person may submit  another
17    petition.
18        (c)  The scope of a CDL hearing, for any disqualification
19    imposed  pursuant to paragraphs (1) and (2) of subsection (a)
20    of Section 6-514 shall be limited to the following issues:
21             1.  Whether the person was  operating  a  commercial
22        motor vehicle;
23             2.  Whether,  after  making  the  initial  stop, the
24        police officer  had  probable  cause  to  issue  a  Sworn
25        Report;
26             3.  Whether  the  person  was verbally warned of the
27        ensuing consequences prior to submitting to any  type  of
28        chemical  test  or tests to determine such person's blood
29        concentration of alcohol, other drug, or both; and
30             4.  Whether the person did refuse to  submit  to  or
31        failed  to complete the chemical testing or did submit to
32        such test or tests and such test or  tests  disclosed  an
33        alcohol concentration of at least 0.04 or any amount of a
34        drug,  substance, or compound resulting from the unlawful
                            -19-               SRS90S0001AKsa
 1        use or consumption of cannabis  listed  in  the  Cannabis
 2        Control  Act  or  a  controlled  substance  listed in the
 3        Illinois  Controlled  Substances  Act  in  the   person's
 4        system.
 5             5.  Whether  the  person was warned that if the test
 6        or tests disclosed an alcohol concentration of 0.08  0.10
 7        or  more  or any amount of a drug, substance, or compound
 8        resulting  from  the  unlawful  use  or  consumption   of
 9        cannabis   listed  in  the  Cannabis  Control  Act  or  a
10        controlled substance listed in  the  Illinois  Controlled
11        Substances  Act,  such  results  could be admissible in a
12        subsequent prosecution under Section 11-501 of this  Code
13        or similar provision of local ordinances; and
14             6.  That  such  results  could not be used to impose
15        any  driver's  license  sanctions  pursuant  to   Section
16        11-501.1.
17        Upon  the  conclusion  of  the above CDL hearing, the CDL
18    disqualification  imposed  shall  either  be   sustained   or
19    rescinded.
20        (d)  The  scope  of  a CDL hearing for any out-of-service
21    sanction, imposed pursuant to Section 6-515, shall be limited
22    to the following issues:
23             1.  Whether the  person  was  driving  a  commercial
24        motor vehicle;
25             2.  Whether,  while  driving  such  commercial motor
26        vehicle, the person had alcohol or any amount of a  drug,
27        substance,  or  compound  resulting from the unlawful use
28        or consumption of cannabis listed in the Cannabis Control
29        Act or a controlled  substance  listed  in  the  Illinois
30        Controlled Substances Act in such person's system; or
31             3.  Whether  the  person  was verbally warned of the
32        ensuing consequences prior to being asked  to  submit  to
33        any  type  of  chemical  test  or tests to determine such
34        person's alcohol, other drug, or both, concentration; and
                            -20-               SRS90S0001AKsa
 1             4.  Whether, after being so warned, the  person  did
 2        refuse  to  submit to or failed to complete such chemical
 3        test or tests or did submit to such  test  or  tests  and
 4        such  test  or  tests  disclosed an alcohol concentration
 5        greater than 0.00 or any amount of a drug, substance,  or
 6        compound  resulting  from the unlawful use or consumption
 7        of cannabis listed in  the  Cannabis  Control  Act  or  a
 8        controlled  substance  listed  in the Illinois Controlled
 9        Substances Act. Upon the  conclusion  of  the  above  CDL
10        hearing,  the  out-of-service  sanction  shall  either be
11        sustained or removed from the person's driving record.
12        (e)  If any person petitions for a  hearing  relating  to
13    any  CDL disqualification based upon a conviction, as defined
14    in this UCDLA, said hearing shall not be conducted as  a  CDL
15    hearing, but shall be conducted as any other driver's license
16    hearing,  whether  formal  or informal, as promulgated in the
17    rules and regulations of the Secretary.
18        (f)  Any evidence of alcohol or other  drug  consumption,
19    for  the purposes of this UCDLA, shall be sufficient probable
20    cause for requesting the driver to submit to a chemical  test
21    or tests to determine the presence of alcohol, other drug, or
22    both in the person's system and the subsequent issuance of an
23    out-of-service order or a Sworn Report by a police officer.
24        (g)  For  the  purposes  of  this  UCDLA, a CDL "hearing"
25    shall mean a hearing before the Office of  the  Secretary  of
26    State  in accordance with Section 2-118 of this Code, for the
27    purpose of resolving  differences  or  disputes  specifically
28    related  to  the  scope  of  the  issues  identified  in this
29    Section.  These proceedings will be a matter of record and  a
30    final  appealable  order  issued.   The  petition  for  a CDL
31    hearing shall not stay or delay the  effective  date  of  the
32    impending disqualification.
33        (h)  The  CDL  hearing  may be conducted upon a review of
34    the police officer's own official  reports; provided however,
                            -21-               SRS90S0001AKsa
 1    that the petitioner may subpoena the officer.  Failure of the
 2    officer to  answer  the  subpoena  shall  be  grounds  for  a
 3    continuance.
 4    (Source:  P.A.  87-829;  87-832; 87-895; 88-212; 88-670, eff.
 5    12-2-94.)
 6        (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
 7        Sec.  11-500.    Definitions.   For   the   purposes   of
 8    interpreting  Sections  6-206.1  and  6-208.1  of  this Code,
 9    "first offender" shall mean any person  who  has  not  had  a
10    previous   conviction   or  court  assigned  supervision  for
11    violating Section 11-501, or a similar provision of  a  local
12    ordinance, or a conviction in any other state for a violation
13    of  driving  while  under  the influence or a similar offense
14    where the cause  of  action  is  the  same  or  substantially
15    similar to this Code or any person who has not had a driver's
16    license  suspension  for  violating Section 11-501.1 within 5
17    years prior to the date of the  current  offense,  except  in
18    cases   where   the  driver  submitted  to  chemical  testing
19    resulting in an alcohol concentration of 0.08 0.10  or  more,
20    or  any  amount  of  a  drug,  substance, or compound in such
21    person's blood or urine resulting from the  unlawful  use  or
22    consumption of cannabis listed in the Cannabis Control Act or
23    a  controlled  substance  listed  in  the Illinois Controlled
24    Substances Act and  was  subsequently  found  not  guilty  of
25    violating  Section  11-501, or a similar provision of a local
26    ordinance.
27    (Source: P.A. 86-929; 86-1019; 86-1475.)
28        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
29        (Text of Section in effect until July 1, 1997)
30        Sec.  11-501.   Driving  while  under  the  influence  of
31    alcohol, other drug, or combination of both.
32        (a)  A person shall not drive or be  in  actual  physical
                            -22-               SRS90S0001AKsa
 1    control of any vehicle within this State while:
 2             (1)  the alcohol concentration in the person's blood
 3        or breath is 0.08 0.10 or more based on the definition of
 4        blood and breath units in Section 11-501.2;
 5             (2)  under the influence of alcohol;
 6             (3)  under  the  influence  of  any  other  drug  or
 7        combination  of drugs to a degree that renders the person
 8        incapable of safely driving;
 9             (4)  under the combined influence of alcohol and any
10        other drug or drugs to a degree that renders  the  person
11        incapable of safely driving; or
12             (5)  there  is  any  amount of a drug, substance, or
13        compound in the person's blood or  urine  resulting  from
14        the unlawful use or consumption of cannabis listed in the
15        Cannabis Control Act, or a controlled substance listed in
16        the Illinois Controlled Substances Act.
17        (b)  The fact that any person charged with violating this
18    Section  is  or  has been legally entitled to use alcohol, or
19    other  drugs,  or  any  combination  of  both,    shall   not
20    constitute  a  defense  against  any charge of violating this
21    Section.
22        (c)  Except as provided under paragraphs (c-3) and (d) of
23    this  Section,  every  person  convicted  of  violating  this
24    Section or a similar provision of a local ordinance, shall be
25    guilty of a Class A misdemeanor and, in addition to any other
26    criminal or administrative action, for any second  conviction
27    of  violating this Section or a similar provision of a law of
28    another state or local ordinance committed within 5 years  of
29    a  previous  violation of this Section or a similar provision
30    of a local ordinance shall  be  mandatorily  sentenced  to  a
31    minimum  of  48 consecutive hours of imprisonment or assigned
32    to a minimum of 100 hours of  community  service  as  may  be
33    determined by the court.  Every person convicted of violating
34    this  Section  or  a  similar  provision of a local ordinance
                            -23-               SRS90S0001AKsa
 1    shall be subject to a mandatory minimum fine of  $500  and  a
 2    mandatory 5 days of community service in a program benefiting
 3    children if the person committed a violation of paragraph (a)
 4    or   a   similar   provision   of  a  local  ordinance  while
 5    transporting a person under age 16.  Every person convicted a
 6    second time for violating this Section or a similar provision
 7    of a local ordinance within 5 years of a  previous  violation
 8    of  this  Section  or a similar provision of a law of another
 9    state or local ordinance shall  be  subject  to  a  mandatory
10    minimum  fine  of  $500  and  10  days of mandatory community
11    service in a  program  benefiting  children  if  the  current
12    offense  was  committed while transporting a person under age
13    16.  The imprisonment or  assignment  under  this  subsection
14    shall  not  be  subject to suspension nor shall the person be
15    eligible for probation in order to  reduce  the  sentence  or
16    assignment.
17        (c-1)  A person who violates this Section during a period
18    in  which  his  or  her  driving  privileges  are  revoked or
19    suspended, where the  revocation  or  suspension  was  for  a
20    violation  of  this Section or Section 11-501.1 shall, unless
21    sentenced to a  term of imprisonment in the penitentiary,  in
22    addition  to  any other criminal or administrative action, be
23    sentenced to  a  minimum  term  of  30  consecutive  days  of
24    imprisonment, 40 days of 24 hour periodic imprisonment or 720
25    hours  of  community  service,  as  may  be determined by the
26    court.   This  mandatory  minimum  term  of  imprisonment  or
27    assignment of community service shall not  be  suspended  and
28    shall not be subject to reduction by the court.
29        (c-2)  (Blank).
30        (c-3)  Every  person  convicted of violating this Section
31    or a similar provision of a local ordinance who had  a  child
32    under  age 16 in the vehicle at the time of the offense shall
33    have his or her punishment under this Act enhanced by 2  days
34    of  imprisonment for a first offense, 10 days of imprisonment
                            -24-               SRS90S0001AKsa
 1    for a second offense, 30 days of  imprisonment  for  a  third
 2    offense,  and  90  days  of  imprisonment  for  a  fourth  or
 3    subsequent  offense,  in  addition  to the fine and community
 4    service  required  under  subsection  (c)  and  the  possible
 5    imprisonment required under subsection (d).  The imprisonment
 6    or assignment under this subsection shall not be  subject  to
 7    suspension  nor shall the person be eligible for probation in
 8    order to reduce the sentence or assignment.
 9        (d) (1)  Every person convicted of committing a violation
10    of this Section shall be guilty of aggravated  driving  under
11    the  influence  of  alcohol or drugs or a combination of both
12    if:
13             (A)  the  person  committed  a  violation  of   this
14        Section, or a similar provision of a law of another state
15        or a local ordinance when the cause of action is the same
16        as  or  substantially  similar  to  this Section, for the
17        third or subsequent time;
18             (B)  the person committed a violation  of  paragraph
19        (a) while driving a school bus with children on board;
20             (C)  the   person   in  committing  a  violation  of
21        paragraph (a) was involved in a  motor  vehicle  accident
22        that   resulted   in   great  bodily  harm  or  permanent
23        disability  or  disfigurement  to   another,   when   the
24        violation was a proximate cause of the injuries; or
25             (D)  the  person  committed a violation of paragraph
26        (a) for a second time and has been  previously  convicted
27        of  violating  Section  9-3  of the Criminal Code of 1961
28        relating to reckless homicide in  which  the  person  was
29        determined to have been under the influence of alcohol or
30        any  other  drug or drugs as an element of the offense or
31        the  person   has   previously   been   convicted   under
32        subparagraph (C) of this paragraph (1).
33        (2)  Aggravated driving under the influence of alcohol or
34    drugs  or a combination of both is a Class 4 felony for which
                            -25-               SRS90S0001AKsa
 1    a person, if sentenced to a term of  imprisonment,  shall  be
 2    sentenced to not less than one year and not more than 3 years
 3    for  a violation of subparagraph (A), (B) or (D) of paragraph
 4    (1) of this subsection (d) and not less than one year and not
 5    more than 12 years for a violation  of  subparagraph  (C)  of
 6    paragraph (1) of this subsection (d).
 7        (e)  After  a  finding  of  guilt  and prior to any final
 8    sentencing, or an order for supervision, for an offense based
 9    upon an arrest for a violation of this Section or  a  similar
10    provision of a local ordinance, individuals shall be required
11    to  undergo  a  professional  evaluation  to  determine if an
12    alcohol or other drug abuse problem exists and the extent  of
13    the  problem.  Programs conducting these evaluations shall be
14    licensed by the Department of Alcoholism and Substance Abuse.
15    The cost of any professional evaluation shall be paid for  by
16    the   individual   required   to   undergo  the  professional
17    evaluation.
18        (f)  Every person found guilty of violating this Section,
19    whose operation of a motor vehicle while in violation of this
20    Section proximately  caused  any  incident  resulting  in  an
21    appropriate  emergency  response,  shall  be  liable  for the
22    expense of an emergency response as  provided  under  Section
23    5-5-3 of the Unified Code of Corrections.
24        (g)  The  Secretary  of  State  shall  revoke the driving
25    privileges of any person convicted under this  Section  or  a
26    similar provision of a local ordinance.
27        (h)  Every  person sentenced under subsection (d) of this
28    Section and who receives a term of probation  or  conditional
29    discharge shall be required to serve a minimum term of either
30    30  days  community  service  or,  beginning July 1, 1993, 48
31    consecutive hours of  imprisonment  as  a  condition  of  the
32    probation  or  conditional discharge.  This mandatory minimum
33    term of imprisonment or assignment of community service shall
34    not be suspended and shall not be subject to reduction by the
                            -26-               SRS90S0001AKsa
 1    court.
 2        (i)  The Secretary  of  State  shall  establish  a  pilot
 3    program  to  test  the  effectiveness  of  ignition interlock
 4    device requirements upon individuals who have  been  arrested
 5    for  a  second  or  subsequent  offense of this Section.  The
 6    Secretary  shall  establish  by  rule  and   regulation   the
 7    population and procedures for use of the interlock system.
 8    (Source: P.A.  88-45;  88-238;  88-433; 88-670, eff. 12-2-94;
 9    88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
10    89-203, eff. 7-21-95; 89-626, eff. 8-9-96.)
11        (Text of Section taking effect July 1, 1997)
12        Sec.  11-501.   Driving  while  under  the  influence  of
13    alcohol, other drug, or combination of both.
14        (a)  A person shall not drive or be  in  actual  physical
15    control of any vehicle within this State while:
16             (1)  the alcohol concentration in the person's blood
17        or breath is 0.08 0.10 or more based on the definition of
18        blood and breath units in Section 11-501.2;
19             (2)  under the influence of alcohol;
20             (3)  under  the  influence  of  any  other  drug  or
21        combination  of drugs to a degree that renders the person
22        incapable of safely driving;
23             (4)  under the combined influence of alcohol and any
24        other drug or drugs to a degree that renders  the  person
25        incapable of safely driving; or
26             (5)  there  is  any  amount of a drug, substance, or
27        compound in the person's blood or  urine  resulting  from
28        the unlawful use or consumption of cannabis listed in the
29        Cannabis Control Act, or a controlled substance listed in
30        the Illinois Controlled Substances Act.
31        (b)  The fact that any person charged with violating this
32    Section  is  or  has been legally entitled to use alcohol, or
33    other  drugs,  or  any  combination  of  both,    shall   not
34    constitute  a  defense  against  any charge of violating this
                            -27-               SRS90S0001AKsa
 1    Section.
 2        (c)  Except as provided under paragraphs (c-3) and (d) of
 3    this  Section,  every  person  convicted  of  violating  this
 4    Section or a similar provision of a local ordinance, shall be
 5    guilty of a Class A misdemeanor and, in addition to any other
 6    criminal or administrative action, for any second  conviction
 7    of  violating this Section or a similar provision of a law of
 8    another state or local ordinance committed within 5 years  of
 9    a  previous  violation of this Section or a similar provision
10    of a local ordinance shall  be  mandatorily  sentenced  to  a
11    minimum  of  48 consecutive hours of imprisonment or assigned
12    to a minimum of 100 hours of  community  service  as  may  be
13    determined by the court.  Every person convicted of violating
14    this  Section  or  a  similar  provision of a local ordinance
15    shall be subject to a mandatory minimum fine of  $500  and  a
16    mandatory 5 days of community service in a program benefiting
17    children if the person committed a violation of paragraph (a)
18    or   a   similar   provision   of  a  local  ordinance  while
19    transporting a person under age 16.  Every person convicted a
20    second time for violating this Section or a similar provision
21    of a local ordinance within 5 years of a  previous  violation
22    of  this  Section  or a similar provision of a law of another
23    state or local ordinance shall  be  subject  to  a  mandatory
24    minimum  fine  of  $500  and  10  days of mandatory community
25    service in a  program  benefiting  children  if  the  current
26    offense  was  committed while transporting a person under age
27    16.  The imprisonment or  assignment  under  this  subsection
28    shall  not  be  subject to suspension nor shall the person be
29    eligible for probation in order to  reduce  the  sentence  or
30    assignment.
31        (c-1)  A person who violates this Section during a period
32    in  which  his  or  her  driving  privileges  are  revoked or
33    suspended, where the  revocation  or  suspension  was  for  a
34    violation  of  this Section or Section 11-501.1 shall, unless
                            -28-               SRS90S0001AKsa
 1    sentenced to a  term of imprisonment in the penitentiary,  in
 2    addition  to  any other criminal or administrative action, be
 3    sentenced to  a  minimum  term  of  30  consecutive  days  of
 4    imprisonment, 40 days of 24 hour periodic imprisonment or 720
 5    hours  of  community  service,  as  may  be determined by the
 6    court.   This  mandatory  minimum  term  of  imprisonment  or
 7    assignment of community service shall not  be  suspended  and
 8    shall not be subject to reduction by the court.
 9        (c-2)  (Blank).
10        (c-3)  Every  person  convicted of violating this Section
11    or a similar provision of a local ordinance who had  a  child
12    under  age 16 in the vehicle at the time of the offense shall
13    have his or her punishment under this Act enhanced by 2  days
14    of  imprisonment for a first offense, 10 days of imprisonment
15    for a second offense, 30 days of  imprisonment  for  a  third
16    offense,  and  90  days  of  imprisonment  for  a  fourth  or
17    subsequent  offense,  in  addition  to the fine and community
18    service  required  under  subsection  (c)  and  the  possible
19    imprisonment required under subsection (d).  The imprisonment
20    or assignment under this subsection shall not be  subject  to
21    suspension  nor shall the person be eligible for probation in
22    order to reduce the sentence or assignment.
23        (d) (1)  Every person convicted of committing a violation
24    of this Section shall be guilty of aggravated  driving  under
25    the  influence  of  alcohol or drugs or a combination of both
26    if:
27             (A)  the  person  committed  a  violation  of   this
28        Section, or a similar provision of a law of another state
29        or a local ordinance when the cause of action is the same
30        as  or  substantially  similar  to  this Section, for the
31        third or subsequent time;
32             (B)  the person committed a violation  of  paragraph
33        (a) while driving a school bus with children on board;
34             (C)  the   person   in  committing  a  violation  of
                            -29-               SRS90S0001AKsa
 1        paragraph (a) was involved in a  motor  vehicle  accident
 2        that   resulted   in   great  bodily  harm  or  permanent
 3        disability  or  disfigurement  to   another,   when   the
 4        violation was a proximate cause of the injuries; or
 5             (D)  the  person  committed a violation of paragraph
 6        (a) for a second time and has been  previously  convicted
 7        of  violating  Section  9-3  of the Criminal Code of 1961
 8        relating to reckless homicide in  which  the  person  was
 9        determined to have been under the influence of alcohol or
10        any  other  drug or drugs as an element of the offense or
11        the  person   has   previously   been   convicted   under
12        subparagraph (C) of this paragraph (1).
13        (2)  Aggravated driving under the influence of alcohol or
14    drugs  or a combination of both is a Class 4 felony for which
15    a person, if sentenced to a term of  imprisonment,  shall  be
16    sentenced to not less than one year and not more than 3 years
17    for  a violation of subparagraph (A), (B) or (D) of paragraph
18    (1) of this subsection (d) and not less than one year and not
19    more than 12 years for a violation  of  subparagraph  (C)  of
20    paragraph (1) of this subsection (d).
21        (e)  After  a  finding  of  guilt  and prior to any final
22    sentencing, or an order for supervision, for an offense based
23    upon an arrest for a violation of this Section or  a  similar
24    provision of a local ordinance, individuals shall be required
25    to  undergo  a  professional  evaluation  to  determine if an
26    alcohol or other drug abuse problem exists and the extent  of
27    the  problem.  Programs conducting these evaluations shall be
28    licensed by the Department of Human Services.   The  cost  of
29    any   professional  evaluation  shall  be  paid  for  by  the
30    individual required to undergo the professional evaluation.
31        (f)  Every person found guilty of violating this Section,
32    whose operation of a motor vehicle while in violation of this
33    Section proximately  caused  any  incident  resulting  in  an
34    appropriate  emergency  response,  shall  be  liable  for the
                            -30-               SRS90S0001AKsa
 1    expense of an emergency response as  provided  under  Section
 2    5-5-3 of the Unified Code of Corrections.
 3        (g)  The  Secretary  of  State  shall  revoke the driving
 4    privileges of any person convicted under this  Section  or  a
 5    similar provision of a local ordinance.
 6        (h)  Every  person sentenced under subsection (d) of this
 7    Section and who receives a term of probation  or  conditional
 8    discharge shall be required to serve a minimum term of either
 9    30  days  community  service  or,  beginning July 1, 1993, 48
10    consecutive hours of  imprisonment  as  a  condition  of  the
11    probation  or  conditional discharge.  This mandatory minimum
12    term of imprisonment or assignment of community service shall
13    not be suspended and shall not be subject to reduction by the
14    court.
15        (i)  The Secretary  of  State  shall  establish  a  pilot
16    program  to  test  the  effectiveness  of  ignition interlock
17    device requirements upon individuals who have  been  arrested
18    for  a  second  or  subsequent  offense of this Section.  The
19    Secretary  shall  establish  by  rule  and   regulation   the
20    population and procedures for use of the interlock system.
21    (Source: P.A.  88-45;  88-238;  88-433; 88-670, eff. 12-2-94;
22    88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
23    89-203, eff.  7-21-95;  89-507,  eff.  7-1-97;  89-626,  eff.
24    8-9-96.)
25        (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
26        Sec.  11-501.1.  Suspension of drivers license; Statutory
27    summary alcohol or other  drug  related  suspension;  Implied
28    consent.
29        (a)  Any  person  who  drives  or  is  in actual physical
30    control of a motor vehicle upon the public highways  of  this
31    State  shall  be deemed to have given consent, subject to the
32    provisions of Section 11-501.2, to a chemical test  or  tests
33    of blood, breath, or urine for the purpose of determining the
                            -31-               SRS90S0001AKsa
 1    content of alcohol, other drug, or combination of both in the
 2    person's blood if arrested, as evidenced by the issuance of a
 3    Uniform Traffic Ticket, for any offense as defined in Section
 4    11-501 or a similar provision of a local ordinance.  The test
 5    or  tests  shall  be  administered  at  the  direction of the
 6    arresting officer. The law enforcement agency  employing  the
 7    officer shall designate which of the aforesaid tests shall be
 8    administered.   A urine test may be administered even after a
 9    blood or breath test or  both  has  been  administered.   For
10    purposes of this Section, an Illinois law enforcement officer
11    of this State who is investigating the person for any offense
12    defined in Section 11-501 may travel into an adjoining state,
13    where  the  person  has been transported for medical care, to
14    complete an investigation and  to  request  that  the  person
15    submit  to  the test or tests set forth in this Section.  The
16    requirements of this Section that the person be arrested  are
17    inapplicable,  but  the  officer  shall  issue  the  person a
18    Uniform Traffic Ticket for an offense as defined  in  Section
19    11-501  or  a similar provision of a local ordinance prior to
20    requesting that the person submit to the test or tests.   The
21    issuance  of  the Uniform Traffic Ticket shall not constitute
22    an arrest, but shall be for  the  purpose  of  notifying  the
23    person  that  he  or she is subject to the provisions of this
24    Section and of the  officer's  belief  of  the  existence  of
25    probable  cause to arrest.  Upon returning to this State, the
26    officer shall  file  the  Uniform  Traffic  Ticket  with  the
27    Circuit  Clerk of the county where the offense was committed,
28    and shall seek the issuance of an arrest warrant or a summons
29    for the person.
30        (b)  Any person who  is  dead,  unconscious,  or  who  is
31    otherwise  in  a  condition rendering the person incapable of
32    refusal, shall be deemed not to have  withdrawn  the  consent
33    provided  by  paragraph  (a)  of this Section and the test or
34    tests may be  administered,  subject  to  the  provisions  of
                            -32-               SRS90S0001AKsa
 1    Section 11-501.2.
 2        (c)  A  person  requested to submit to a test as provided
 3    above  shall  be  warned  by  the  law  enforcement   officer
 4    requesting the test that a refusal to submit to the test will
 5    result  in  the  statutory summary suspension of the person's
 6    privilege to operate a motor vehicle as provided  in  Section
 7    6-208.1  of this Code. The person shall also be warned by the
 8    law enforcement officer that if the  person  submits  to  the
 9    test  or  tests provided in paragraph (a) of this Section and
10    the alcohol concentration in the person's blood or breath  is
11    0.08  0.10 or greater, or any amount of a drug, substance, or
12    compound resulting from the unlawful use  or  consumption  of
13    cannabis  as  covered  by  the  Cannabis  Control  Act  or  a
14    controlled   substance  listed  in  the  Illinois  Controlled
15    Substances Act is detected in the person's blood or urine,  a
16    statutory  summary  suspension  of  the person's privilege to
17    operate a motor vehicle, as provided in Sections 6-208.1  and
18    11-501.1 of this Code will, be imposed.
19        A  person  who  is  under  the  age of 21 at the time the
20    person is requested to submit to a  test  as  provided  above
21    shall,  in  addition  to  the  warnings  provided for in this
22    Section, be further warned by  the  law  enforcement  officer
23    requesting the test that if the person submits to the test or
24    tests  provided  in  paragraph  (a)  of  this Section and the
25    alcohol concentration in the person's  blood  or   breath  is
26    greater  than  0.00  and less than 0.08 0.10, a suspension of
27    the  person's  privilege  to  operate  a  motor  vehicle,  as
28    provided under Sections 6-208.2 and 11-501.8  of  this  Code,
29    will   be  imposed.   The  results  of  this  test  shall  be
30    admissible in  a  civil  or  criminal  action  or  proceeding
31    arising  from  an arrest for an offense as defined in Section
32    11-501 of this  Code  or  a  similar  provision  of  a  local
33    ordinance or pursuant to Section 11-501.4 in prosecutions for
34    reckless  homicide  brought  under the Criminal Code of 1961.
                            -33-               SRS90S0001AKsa
 1    These test results, however,  shall  be  admissible  only  in
 2    actions  or proceedings directly related to the incident upon
 3    which the test request was made.
 4        (d)  If the person refuses testing or submits to  a  test
 5    that discloses an alcohol concentration of 0.08 0.10 or more,
 6    or  any  amount  of  a  drug,  substance,  or compound in the
 7    person's blood or urine resulting from the  unlawful  use  or
 8    consumption of cannabis listed in the Cannabis Control Act or
 9    a  controlled  substance  listed  in  the Illinois Controlled
10    Substances Act, the law enforcement officer shall immediately
11    submit a sworn report to the circuit court of venue  and  the
12    Secretary  of State, certifying that the test or tests was or
13    were requested under paragraph (a) and the person refused  to
14    submit  to  a  test,  or  tests, or submitted to testing that
15    disclosed an alcohol concentration of 0.08 0.10 or more.
16        (e)  Upon  receipt  of  the  sworn  report   of   a   law
17    enforcement   officer  submitted  under  paragraph  (d),  the
18    Secretary  of  State  shall  enter  the   statutory   summary
19    suspension  for the periods specified in Section 6-208.1, and
20    effective as provided in paragraph (g).
21        If the person is a first offender as defined  in  Section
22    11-500  of  this Code, and is not convicted of a violation of
23    Section 11-501 of this Code or a similar provision of a local
24    ordinance, then reports received by the  Secretary  of  State
25    under  this  Section shall, except during the actual time the
26    Statutory Summary Suspension  is  in  effect,  be  privileged
27    information  and for use only by the courts, police officers,
28    prosecuting authorities or the Secretary of State.
29        (f)  The law enforcement  officer  submitting  the  sworn
30    report  under  paragraph  (d) shall serve immediate notice of
31    the statutory  summary  suspension  on  the  person  and  the
32    suspension  shall  be effective as provided in paragraph (g).
33    In cases where the blood alcohol concentration of  0.08  0.10
34    or  greater  or  any amount of a drug, substance, or compound
                            -34-               SRS90S0001AKsa
 1    resulting from the unlawful use or consumption of cannabis as
 2    covered by the Cannabis Control Act or a controlled substance
 3    listed  in  the  Illinois  Controlled   Substances   Act   is
 4    established  by  a  subsequent  analysis  of  blood  or urine
 5    collected at the time of arrest,  the  arresting  officer  or
 6    arresting  agency  shall  give  notice  as  provided  in this
 7    Section or by deposit in the United States mail of the notice
 8    in an envelope with postage  prepaid  and  addressed  to  the
 9    person  at his address as shown on the Uniform Traffic Ticket
10    and the statutory summary suspension shall begin as  provided
11    in  paragraph (g).  The officer shall confiscate any Illinois
12    driver's license or permit on  the  person  at  the  time  of
13    arrest. If the person has a valid driver's license or permit,
14    the  officer  shall  issue  the  person  a receipt, in a form
15    prescribed by the Secretary of State, that  will  allow  that
16    person  to drive during the periods provided for in paragraph
17    (g). The  officer  shall  immediately  forward  the  driver's
18    license  or  permit  to the circuit court of venue along with
19    the sworn report provided for in paragraph (d).
20        (g)  The statutory summary suspension referred to in this
21    Section shall take effect on the 46th day following the  date
22    the  notice  of the statutory summary suspension was given to
23    the person.
24        (h)  The  following  procedure  shall  apply  whenever  a
25    person is arrested for any  offense  as  defined  in  Section
26    11-501 or a similar provision of a local ordinance:
27        Upon receipt of the sworn report from the law enforcement
28    officer,  the  Secretary of State shall confirm the statutory
29    summary suspension by mailing a notice of the effective  date
30    of  the  suspension  to  the  person  and the court of venue.
31    However,  should  the  sworn  report  be  defective  by   not
32    containing  sufficient  information or be completed in error,
33    the confirmation of the statutory  summary  suspension  shall
34    not be mailed to the person or entered to the record, instead
                            -35-               SRS90S0001AKsa
 1    the  sworn  report  shall  be forwarded to the court of venue
 2    with a copy returned to the issuing  agency  identifying  any
 3    defect.
 4    (Source: P.A. 87-1221; 88-169; 88-588, eff. 1-1-95.)
 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  combination  thereof  in  a  person's
12    blood  or  breath  at  the  time  alleged,  as  determined by
13    analysis of the person's blood, urine, breath or other bodily
14    substance, shall be admissible.  Where such test is made  the
15    following provisions shall apply:
16             1.  Chemical  analyses of the person's blood, urine,
17        breath or other bodily substance to be  considered  valid
18        under  the  provisions  of  this  Section shall have been
19        performed  according  to  standards  promulgated  by  the
20        Department of Public  Health  in  consultation  with  the
21        Department  of  State  Police  by  a  licensed physician,
22        registered nurse, trained phlebotomist acting  under  the
23        direction  of  a licensed physician, certified paramedic,
24        or other individual possessing a valid permit  issued  by
25        that  Department  for  this purpose.  The Director of the
26        Department of Public  Health  in  consultation  with  the
27        Department  of  State  Police  is  authorized  to approve
28        satisfactory techniques  or  methods,  to  ascertain  the
29        qualifications  and  competence of individuals to conduct
30        such analyses, to issue permits which shall be subject to
31        termination or  revocation  at  the  discretion  of  that
32        Department  and to certify the accuracy of breath testing
33        equipment. The Illinois Department of Public Health shall
                            -36-               SRS90S0001AKsa
 1        prescribe regulations  as  necessary  to  implement  this
 2        Section.
 3             2.  When  a  person  in this State shall submit to a
 4        blood test at the request of a  law  enforcement  officer
 5        under   the   provisions  of  Section  11-501.1,  only  a
 6        physician authorized to practice medicine,  a  registered
 7        nurse,  trained  phlebotomist, or certified paramedic, or
 8        other qualified person  approved  by  the  Department  of
 9        Public  Health  may  withdraw  blood  for  the purpose of
10        determining  the  alcohol,  drug,  or  alcohol  and  drug
11        content therein. This limitation shall not apply  to  the
12        taking of breath or urine specimens.
13             When  a blood test of a person who has been taken to
14        an adjoining state for medical treatment is requested  by
15        an  Illinois  law  enforcement  officer, the blood may be
16        withdrawn only by  a  physician  authorized  to  practice
17        medicine  in  the  adjoining state, a registered nurse, a
18        trained phlebotomist acting under the  direction  of  the
19        physician,  or  certified  paramedic. The law enforcement
20        officer requesting the test shall  take  custody  of  the
21        blood sample, and the blood sample shall be analyzed by a
22        laboratory  certified  by the Department of Public Health
23        for that purpose.
24             3.  The person tested may have  a  physician,  or  a
25        qualified technician, chemist, registered nurse, or other
26        qualified  person  of  their  own  choosing  administer a
27        chemical test or tests in addition to any administered at
28        the direction of a law enforcement officer.  The  failure
29        or  inability  to  obtain  an additional test by a person
30        shall not preclude the admission of evidence relating  to
31        the  test  or  tests  taken  at  the  direction  of a law
32        enforcement officer.
33             4.  Upon the request of the person who shall  submit
34        to  a  chemical  test  or  tests  at the request of a law
                            -37-               SRS90S0001AKsa
 1        enforcement officer, full information concerning the test
 2        or tests shall be made available to the  person  or  such
 3        person's attorney.
 4             5.  Alcohol concentration shall mean either grams of
 5        alcohol  per 100 milliliters of blood or grams of alcohol
 6        per 210 liters of breath.
 7        (b)  Upon the trial of any civil or  criminal  action  or
 8    proceeding arising out of acts alleged to have been committed
 9    by  any person while driving or in actual physical control of
10    a  vehicle  while  under  the  influence  of   alcohol,   the
11    concentration  of  alcohol in the person's blood or breath at
12    the time alleged as shown by analysis of the person's  blood,
13    urine,  breath,  or other bodily substance shall give rise to
14    the following presumptions:
15             1.  If  there  was   at   that   time   an   alcohol
16        concentration  of 0.05 or less, it shall be presumed that
17        the person was not under the influence of alcohol.
18             2.  If  there  was   at   that   time   an   alcohol
19        concentration  in excess of 0.05 but less than 0.08 0.10,
20        such facts shall not give rise to  any  presumption  that
21        the person was or was not under the influence of alcohol,
22        but  such  fact  may  be  considered with other competent
23        evidence in determining whether the person was under  the
24        influence of alcohol.
25             3.  If   there   was   at   that   time  an  alcohol
26        concentration of 0.08 0.10 or more, it shall be  presumed
27        that the person was under the influence of alcohol.
28             4.  The  foregoing  provisions of this Section shall
29        not be construed as  limiting  the  introduction  of  any
30        other relevant evidence bearing upon the question whether
31        the person was under the influence of alcohol.
32        (c) 1.  If  a  person under arrest refuses to submit to a
33        chemical test under the provisions of  Section  11-501.1,
34        evidence  of  refusal shall be admissible in any civil or
                            -38-               SRS90S0001AKsa
 1        criminal action or proceeding arising out of acts alleged
 2        to  have  been  committed  while  the  person  under  the
 3        influence of alcohol, or other drugs, or  combination  of
 4        both was driving or in actual physical control of a motor
 5        vehicle.
 6             2.  Notwithstanding any ability to refuse under this
 7        Code  to  submit  to these tests or any ability to revoke
 8        the implied consent to these tests, if a law  enforcement
 9        officer  has  probable  cause  to  believe  that  a motor
10        vehicle driven by or in  actual  physical  control  of  a
11        person under the influence of alcohol, any other drug, or
12        combination  of  both  has  caused  the death or personal
13        injury to another, that person  shall  submit,  upon  the
14        request  of a law enforcement officer, to a chemical test
15        or tests of his or her blood, breath  or  urine  for  the
16        purpose of determining the alcohol content thereof or the
17        presence of any other drug or combination of both.
18        This  provision  does  not affect the applicability of or
19    imposition  of  driver's  license  sanctions  under   Section
20    11-501.1 of this Code.
21             3.  For  purposes of this Section, a personal injury
22        includes any Type A injury as indicated  on  the  traffic
23        accident  report  completed  by a law enforcement officer
24        that requires immediate professional attention in  either
25        a doctor's office or a medical facility.  A Type A injury
26        includes  severe  bleeding wounds, distorted extremities,
27        and injuries that require the injured party to be carried
28        from the scene.
29    (Source: P.A. 87-1221; 88-632, eff. 1-1-95.)
30        (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
31        Sec. 11-501.6.  Driver involvement in personal injury  or
32    fatal motor vehicle accident - chemical test.
33        (a)  Any  person  who drives or is in actual control of a
                            -39-               SRS90S0001AKsa
 1    motor vehicle upon the public highways of this State and  who
 2    has been involved in a personal injury or fatal motor vehicle
 3    accident,  shall  be deemed to have given consent to a breath
 4    test using a portable device as approved by the Department of
 5    Public Health or to  a  chemical  test  or  tests  of  blood,
 6    breath,  or  urine for the purpose of determining the alcohol
 7    or other drug content of such person's blood if  arrested  as
 8    evidenced by the issuance of a Uniform Traffic Ticket for any
 9    violation of the Illinois Vehicle Code or a similar provision
10    of  a  local  ordinance,  with  the  exception  of  equipment
11    violations  contained  in Chapter 12 of this Code, or similar
12    provisions of local ordinances.  The test or tests  shall  be
13    administered  at the direction of the arresting officer.  The
14    law enforcement agency employing the officer shall  designate
15    which  of the aforesaid tests shall be administered.  A urine
16    test may be administered even after a blood or breath test or
17    both has been administered.   Compliance  with  this  Section
18    does not relieve such person from the requirements of Section
19    11-501.1 of this Code.
20        (b)  Any  person  who  is  dead,  unconscious  or  who is
21    otherwise in a condition rendering such person  incapable  of
22    refusal  shall  be  deemed  not to have withdrawn the consent
23    provided by subsection (a) of this Section.  In addition,  if
24    a  driver  of  a  vehicle is receiving medical treatment as a
25    result of a motor vehicle accident, any physician licensed to
26    practice medicine, registered nurse or a phlebotomist  acting
27    under  the  direction  of a licensed physician shall withdraw
28    blood for testing  purposes  to  ascertain  the  presence  of
29    alcohol  or  other  drugs, upon the specific request of a law
30    enforcement  officer.  However,  no  such  testing  shall  be
31    performed until, in the opinion of the medical  personnel  on
32    scene, the withdrawal can be made without interfering with or
33    endangering the well-being of the patient.
34        (c)  A  person  requested to submit to a test as provided
                            -40-               SRS90S0001AKsa
 1    above  shall  be  warned  by  the  law  enforcement   officer
 2    requesting  the test that a refusal to submit to the test, or
 3    submission to the test resulting in an alcohol  concentration
 4    of  0.08 0.10 or more, or any amount of a drug, substance, or
 5    compound resulting from the unlawful use  or  consumption  of
 6    cannabis,  as  covered  by  the  Cannabis  Control  Act  or a
 7    controlled  substance  listed  in  the  Illinois   Controlled
 8    Substances  Act  as detected in such person's blood or urine,
 9    may result in the suspension of such  person's  privilege  to
10    operate  a  motor vehicle. The length of the suspension shall
11    be the same as outlined  in  Section  6-208.1  of  this  Code
12    regarding statutory summary suspensions.
13        (d)  If  the  person refuses testing or submits to a test
14    which discloses an alcohol  concentration  of  0.08  0.10  or
15    more,  or any amount of a drug, substance or compound in such
16    person's blood or urine resulting from the  unlawful  use  or
17    consumption  of  cannabis listed in the Cannabis Control Act,
18    or a controlled substance listed in the  Illinois  Controlled
19    Substances Act, the law enforcement officer shall immediately
20    submit  a  sworn  report  to the Secretary of State on a form
21    prescribed by the Secretary,  certifying  that  the  test  or
22    tests  were  requested  pursuant  to  subsection  (a) and the
23    person refused to submit to a test or tests or  submitted  to
24    testing which disclosed an alcohol concentration of 0.08 0.10
25    or  more,  or any amount of a drug, substance, or compound in
26    such person's blood or urine, resulting from the unlawful use
27    or consumption of cannabis listed in the Cannabis Control Act
28    or a controlled substance listed in the  Illinois  Controlled
29    Substances Act.
30        Upon  receipt  of  the  sworn report of a law enforcement
31    officer, the Secretary shall  enter  the  suspension  to  the
32    individual's  driving  record  and  the  suspension  shall be
33    effective on the 46th day following the date  notice  of  the
34    suspension was given to the person.
                            -41-               SRS90S0001AKsa
 1        The  law  enforcement officer submitting the sworn report
 2    shall serve immediate notice of this suspension on the person
 3    and such suspension  shall  be  effective  on  the  46th  day
 4    following the date notice was given.
 5        The  cases  where the blood alcohol concentration of 0.08
 6    .10 or more, or any amount of a drug, substance, or  compound
 7    resulting from the unlawful use or consumption of cannabis as
 8    listed in the Cannabis Control Act, or a controlled substance
 9    listed   in   the  Illinois  Controlled  Substances  Act,  is
10    established by  a  subsequent  analysis  of  blood  or  urine
11    collected  at the time of arrest, the arresting officer shall
12    give notice as provided in this Section or by deposit in  the
13    United States mail of such notice in an envelope with postage
14    prepaid  and addressed to such person at his address as shown
15    on the Uniform Traffic Ticket and  the  suspension  shall  be
16    effective  on  the  46th  day  following  the date notice was
17    given.
18        Upon receipt of the sworn report  of  a  law  enforcement
19    officer,   the  Secretary  shall  also  give  notice  of  the
20    suspension to the driver by mailing a notice of the effective
21    date of the suspension to the  individual.   However,  should
22    the  sworn  report  be defective by not containing sufficient
23    information or be completed  in  error,  the  notice  of  the
24    suspension  shall  not  be mailed to the person or entered to
25    the driving record, but rather  the  sworn  report  shall  be
26    returned to the issuing law enforcement agency.
27        (e)  A  driver may contest this suspension of his driving
28    privileges by requesting an administrative hearing  with  the
29    Secretary  in accordance with Section 2-118 of this Code.  At
30    the conclusion of a hearing held under Section 2-118 of  this
31    Code,  the  Secretary  may  rescind,  continue, or modify the
32    order of suspension.  If the Secretary does not  rescind  the
33    order,  a  restricted  driving  permit  may be granted by the
34    Secretary upon application being made and good  cause  shown.
                            -42-               SRS90S0001AKsa
 1    A  restricted  driving permit may be granted to relieve undue
 2    hardship to allow driving for  employment,  educational,  and
 3    medical  purposes  as outlined in Section 6-206 of this Code.
 4    The provisions of Section 6-206 of this Code shall apply.
 5        (f)  (Blank)
 6        (g)  For the purposes of this Section, a personal  injury
 7    shall  include  any type A injury as indicated on the traffic
 8    accident report completed by a law enforcement  officer  that
 9    requires   immediate   professional  attention  in  either  a
10    doctor's office or a medical facility.  A type A injury shall
11    include severely bleeding wounds, distorted extremities,  and
12    injuries  that  require  the injured party to be carried from
13    the scene.
14    (Source: P.A. 88-211.)
15        (625 ILCS 5/11-501.8)
16        Sec. 11-501.8.  Suspension of driver's  license;  persons
17    under age 21.
18        (a)  A  person  who  is less than 21 years of age and who
19    drives or is in actual physical control of  a  motor  vehicle
20    upon  the  public  highways  of this State shall be deemed to
21    have given consent to a chemical  test  or  tests  of  blood,
22    breath,  or  urine for the purpose of determining the alcohol
23    content of the person's blood if arrested,  as  evidenced  by
24    the issuance of a Uniform Traffic Ticket for any violation of
25    the  Illinois  Vehicle Code or a similar provision of a local
26    ordinance, if a police officer has probable cause to  believe
27    that the driver has  consumed  any  amount  of  an  alcoholic
28    beverage   based  upon  evidence  of  the  driver's  physical
29    condition  or  other  first  hand  knowledge  of  the  police
30    officer.  The test or tests  shall  be  administered  at  the
31    direction  of  the  arresting  officer.   The law enforcement
32    agency employing the officer shall  designate  which  of  the
33    aforesaid  tests shall be administered.  A urine  test may be
                            -43-               SRS90S0001AKsa
 1    administered even after a blood or breath test  or  both  has
 2    been administered.
 3        (b)  A  person  who  is  dead,  unconscious,  or  who  is
 4    otherwise  in  a condition rendering that person incapable of
 5    refusal,  shall be deemed not to have withdrawn  the  consent
 6    provided  by  paragraph  (a)  of this Section and the test or
 7    tests  may  be  administered   subject   to   the   following
 8    provisions:
 9             (i)  Chemical analysis of the person's blood, urine,
10        breath, or other bodily substance, to be considered valid
11        under  the  provisions  of  this Section, shall have been
12        performed  according  to  standards  promulgated  by  the
13        Department of Public  Health  in  consultation  with  the
14        Department  of State Police by an individual possessing a
15        valid permit issued by that Department for this  purpose.
16        The  Director  of  the  Department  of  Public Health, in
17        consultation with the  Department  of  State  Police,  is
18        authorized to approve satisfactory techniques or methods,
19        to   ascertain   the  qualifications  and  competence  of
20        individuals to conduct analyses, to  issue  permits  that
21        shall  be  subject  to  termination  or revocation at the
22        direction of that Department, and to certify the accuracy
23        of breath testing equipment.  The Illinois Department  of
24        Public Health shall prescribe regulations as necessary.
25             (ii)  When  a  person submits to a blood test at the
26        request of a law enforcement officer under the provisions
27        of this Section, only a physician authorized to  practice
28        medicine,  a  registered nurse, or other qualified person
29        trained in venipuncture and acting under the direction of
30        a licensed physician may withdraw blood for  the  purpose
31        of   determining  the  alcohol  content  therein.    This
32        limitation does not apply to  the  taking  of  breath  or
33        urine specimens.
34             (iii)  The  person  tested  may  have  a  physician,
                            -44-               SRS90S0001AKsa
 1        qualified technician, chemist, registered nurse, or other
 2        qualified  person of his or her own choosing administer a
 3        chemical test or tests in addition to any test  or  tests
 4        administered  at  the  direction  of  a  law  enforcement
 5        officer.    The   failure   or  inability  to  obtain  an
 6        additional test  by  a  person  shall  not  preclude  the
 7        consideration of the previously performed chemical test.
 8             (iv)  Upon  a request of the person who submits to a
 9        chemical  test  or  tests  at  the  request  of   a   law
10        enforcement officer, full information concerning the test
11        or  tests  shall  be made available to the person or that
12        person's attorney.
13             (v)  Alcohol concentration  means  either  grams  of
14        alcohol  per 100 milliliters of blood or grams of alcohol
15        per 210 liters of breath.
16             (vi)  If a driver is receiving medical treatment  as
17        a  result  of  a  motor  vehicle  accident,  a  physician
18        licensed to practice medicine, registered nurse, or other
19        qualified person trained in venipuncture and acting under
20        the  direction  of  a  licensed  physician shall withdraw
21        blood for testing purposes to ascertain the  presence  of
22        alcohol  upon  the  specific request of a law enforcement
23        officer.  However, that testing shall  not  be  performed
24        until,  in the opinion of the medical personnel on scene,
25        the withdrawal can be made without  interfering  with  or
26        endangering the well-being of the patient.
27        (c)  A  person  requested to submit to a test as provided
28    above  shall  be  warned  by  the  law  enforcement   officer
29    requesting the test that a refusal to submit  to the test, or
30    submission  to the test resulting in an alcohol concentration
31    of more than 0.00, may  result in the loss of  that  person's
32    privilege  to  operate  a motor vehicle.  The loss of driving
33    privileges  shall  be  imposed  in  accordance  with  Section
34    6-208.2 of this Code.
                            -45-               SRS90S0001AKsa
 1        (d)  If the person refuses testing or submits to  a  test
 2    that  discloses  an  alcohol concentration of more than 0.00,
 3    the law enforcement officer shall immediately submit a  sworn
 4    report  to the Secretary of State on a form prescribed by the
 5    Secretary of State, certifying that the test  or  tests  were
 6    requested  under  subsection  (a)  and  the person refused to
 7    submit to a test or  tests  or  submitted  to  testing  which
 8    disclosed  an  alcohol  concentration of more than 0.00.  The
 9    law enforcement officer shall submit the  same  sworn  report
10    when  a  person  under the age of 21 submits to testing under
11    Section 11-501.1 of this Code and the  testing  discloses  an
12    alcohol  concentration  of  more than 0.00 and less than 0.08
13    0.10.
14        Upon receipt of the sworn report  of  a  law  enforcement
15    officer,  the  Secretary  of  State  shall enter the driver's
16    license sanction on the individual's driving record  and  the
17    sanctions  shall  be  effective on the 46th day following the
18    date notice of the sanction was given to the person.  If this
19    sanction  is  the   individual's   first   driver's   license
20    suspension  under  this  Section,  reports  received  by  the
21    Secretary  of  State  under this Section shall, except during
22    the  time  the  suspension  is  in  effect,   be   privileged
23    information  and for use only by the courts, police officers,
24    prosecuting authorities,  the  Secretary  of  State,  or  the
25    individual personally.
26        The  law  enforcement officer submitting the sworn report
27    shall  serve  immediate  notice  of  this  driver's   license
28    sanction on the person and the sanction shall be effective on
29    the 46th day following the date notice was given.
30        In  cases  where  the blood alcohol concentration of more
31    than 0.00 is established by a subsequent analysis of blood or
32    urine, the  police officer or  arresting  agency  shall  give
33    notice  as  provided  in  this Section   or by deposit in the
34    United States mail of that notice in an envelope with postage
                            -46-               SRS90S0001AKsa
 1    prepaid and addressed  to  that  person  at  his  last  known
 2    address and the loss of driving privileges shall be effective
 3    on the 46th day following the date notice was given.
 4        Upon  receipt  of  the  sworn report of a law enforcement
 5    officer, the Secretary of State shall also give notice of the
 6    driver's license sanction to the driver by mailing  a  notice
 7    of  the  effective  date  of  the sanction to the individual.
 8    However,  should  the  sworn  report  be  defective  by   not
 9    containing  sufficient  information or be completed in error,
10    the notice of the driver's license sanction may not be mailed
11    to the person or entered to the driving  record,  but  rather
12    the  sworn  report  shall  be  returned  to  the  issuing law
13    enforcement agency.
14        (e)  A driver may contest this driver's license  sanction
15    by requesting an administrative hearing with the Secretary of
16    State  in  accordance  with  Section  2-118 of this Code.  An
17    individual whose blood alcohol concentration is shown  to  be
18    more  than  0.00  is not subject to this Section if he or she
19    consumed alcohol in the performance of a religious service or
20    ceremony. An individual whose blood alcohol concentration  is
21    shown  to  be  more  than  0.00  shall not be subject to this
22    Section  if  the  individual's  blood  alcohol  concentration
23    resulted only from ingestion of the prescribed or recommended
24    dosage of medicine that contained alcohol. The  petition  for
25    that  hearing  shall  not stay or delay the effective date of
26    the impending suspension.  The scope of this hearing shall be
27    limited to the issues of:
28             (1)  whether the police officer had  probable  cause
29        to  believe  that  the  person  was  driving or in actual
30        physical control of  a  motor  vehicle  upon  the  public
31        highways  of  the State and the police officer had reason
32        to believe that  the  person  was  in  violation  of  any
33        provision  of  the  Illinois  Vehicle  Code  or a similar
34        provision of a local ordinance; and
                            -47-               SRS90S0001AKsa
 1             (2)  whether the person was issued a Uniform Traffic
 2        Ticket for any violation of the Illinois Vehicle Code  or
 3        a similar provision of a local ordinance; and
 4             (3)  whether  the  police officer had probable cause
 5        to believe that the driver had consumed any amount of  an
 6        alcoholic  beverage  based  upon  the  driver's  physical
 7        actions  or  other  first-hand  knowledge  of  the police
 8        officer; and
 9             (4)  whether the person, after being advised by  the
10        officer  that  the  privilege  to operate a motor vehicle
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; or
15             (5)  whether the person, after being advised by  the
16        officer  that  the  privileges to operate a motor vehicle
17        would be suspended if the person submits  to  a  chemical
18        test  or  tests and the test or tests disclose an alcohol
19        concentration of more than 0.00 and the person did submit
20        to and complete the test  or  tests  that  determined  an
21        alcohol concentration of more than 0.00; and
22             (6)  whether   the   test   result   of  an  alcohol
23        concentration of  more  than  0.00  was  based  upon  the
24        person's  consumption  of alcohol in the performance of a
25        religious service or ceremony; or
26             (7)  whether  the  test   result   of   an   alcohol
27        concentration  of  more  than  0.00  was  based  upon the
28        person's consumption of alcohol through ingestion of  the
29        prescribed or recommended dosage of medicine.
30        Provided  that  the  petitioner may subpoena the officer,
31    the hearing may  be  conducted  upon  a  review  of  the  law
32    enforcement  officer's  own  official reports. Failure of the
33    officer to  answer  the  subpoena  shall  be  grounds  for  a
34    continuance  if,  in  the  hearing  officer's discretion, the
                            -48-               SRS90S0001AKsa
 1    continuance  is  appropriate.    At  the  conclusion  of  the
 2    hearing held under Section 2-118 of this Code, the  Secretary
 3    of  State  may  rescind,  continue,  or  modify  the driver's
 4    license sanction.  If the Secretary of State does not rescind
 5    the sanction, a restricted driving permit may be  granted  by
 6    the  Secretary  of State upon application being made and good
 7    cause shown. A restricted driving permit may  be  granted  to
 8    relieve  undue  hardship  by allowing driving for employment,
 9    educational, and medical purposes as outlined in item (3)  of
10    part  (c)  of  Section 6-206 of this Code.  The provisions of
11    item (3) of part (c) of Section  6-206  of  this  Code  shall
12    apply.    The  Secretary  of  State  shall  promulgate  rules
13    providing for  participation  in  an  alcohol  education  and
14    awareness program or activity, a drug education and awareness
15    program  or  activity, or both as a condition to the issuance
16    of a restricted driving permit for suspensions imposed  under
17    this Section.
18        (f)  The  results  of  any  chemical testing performed in
19    accordance with  subsection  (a)  of  this  Section  are  not
20    admissible  in  any civil or criminal proceeding, except that
21    the results of the testing may be  considered  at  a  hearing
22    held  under Section 2-118 of this Code.  However, the results
23    of the testing may not be used  to  impose  driver's  license
24    sanctions  under  Section  11-501.1  of  this  Code.   A  law
25    enforcement  officer may, however, pursue a statutory summary
26    suspension of driving privileges under  Section  11-501.1  of
27    this  Code if other physical evidence or first hand knowledge
28    forms the basis of that suspension.
29        (g)  This Section applies only to drivers who  are  under
30    age  21  at  the  time  of  the issuance of a Uniform Traffic
31    Ticket for a violation of the  Illinois  Vehicle  Code  or  a
32    similar  provision  of a local ordinance, and a chemical test
33    request is made under this Section.
34        (h)  The action of the Secretary of State in  suspending,
                            -49-               SRS90S0001AKsa
 1    revoking,  or  denying  any license, permit, registration, or
 2    certificate of title shall be subject to judicial  review  in
 3    the  Circuit Court of Sangamon County or in the Circuit Court
 4    of Cook County, and  the  provisions  of  the  Administrative
 5    Review  Law  and its rules are hereby adopted and shall apply
 6    to and govern every action for the judicial review  of  final
 7    acts  or  decisions  of  the  Secretary  of  State under this
 8    Section.
 9    (Source: P.A. 88-588, eff. 1-1-95.)
10        Section 10.  The Criminal Code  of  1961  is  amended  by
11    changing Section 9-3 as follows:
12        (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
13        Sec.   9-3.    Involuntary   Manslaughter   and  Reckless
14    Homicide.
15        (a)  A person who  unintentionally  kills  an  individual
16    without lawful justification commits involuntary manslaughter
17    if  his acts whether lawful or unlawful which cause the death
18    are such as are likely to cause death or great bodily harm to
19    some individual, and he performs them recklessly,  except  in
20    cases in which the cause of the death consists of the driving
21    of a motor vehicle, in which case the person commits reckless
22    homicide.
23        (b)  In  cases  involving  reckless homicide, being under
24    the influence of alcohol or any other drug or  drugs  at  the
25    time  of  the  alleged  violation  shall  be  presumed  to be
26    evidence of a reckless act unless disproved  by  evidence  to
27    the contrary.
28        (c)  For  the purposes of this Section, a person shall be
29    considered to be under the  influence  of  alcohol  or  other
30    drugs while:
31             1.  The  alcohol concentration in the person's blood
32        or breath is 0.08 0.10 or more based on the definition of
                            -50-               SRS90S0001AKsa
 1        blood  and  breath  units  in  Section  11-501.2  of  the
 2        Illinois Vehicle Code;
 3             2.  Under the influence of alcohol to a degree  that
 4        renders the person incapable of safely driving;
 5             3.  Under   the  influence  of  any  other  drug  or
 6        combination of drugs to a degree that renders the  person
 7        incapable of safely driving; or
 8             4.  Under  the combined influence of alcohol and any
 9        other drug or drugs to a degree which renders the  person
10        incapable of safely driving.
11        (d)  Sentence.
12             (1)  Involuntary manslaughter is a Class 3 felony.
13             (2)  Reckless homicide is a Class 3 felony.
14        (e)  In  cases  involving  reckless homicide in which the
15    defendant was determined to have been under the influence  of
16    alcohol  or  any  other  drug  or  drugs as an element of the
17    offense, or in cases in which the defendant is proven  beyond
18    a  reasonable  doubt  to  have  been  under  the influence of
19    alcohol or any other drug or drugs, the penalty  shall  be  a
20    Class 2 felony, for which a person, if sentenced to a term of
21    imprisonment, shall be sentenced to a term of not less than 3
22    years and not more than 14 years.
23    (Source: P.A. 86-1317; 87-274; 87-1198.)
24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.

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