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90_SB0008enr
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.
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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
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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
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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
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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
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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;
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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;
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
SB8 Enrolled -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,
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
SB8 Enrolled -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
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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,
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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.
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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
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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
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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
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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,
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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
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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.