HB4325 93RD GENERAL ASSEMBLY

LRB093 16606 DRH 42256 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4325

Introduced 02/02/04, by Annazette Collins

SYNOPSIS AS INTRODUCED:

625 ILCS 5/1-197.5	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
625 ILCS 40/5-7.1
625 ILCS 45/5-16

Amends the Illinois Vehicle Code, the Snowmobile Registration and Safety Act, and the Boat Registration and Safety Act. Lowers the blood alcohol concentration level at which a person is presumed to be under the influence of alcohol from 0.08 to 0.06.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to driving offenses.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

4		Section 5. The Illinois Vehicle Code is amended by changing
5		Sections 1-197.5, 2-118.1, 6-206, 6-208.1, 6-517, 6-520,
6		11-500, 11-501, 11-501.1, 11-501.2, 11-501.6, and 11-501.8 as
7		follows:
8		(625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
9		Sec. 1-197.5. Statutory summary alcohol or other drug
10		related suspension of driver's privileges. The withdrawal by
11		the circuit court of a person's license or privilege to operate
12		a motor vehicle on the public highways for the periods provided
13		in Section 6-208.1. Reinstatement after the suspension period
14		shall occur after all appropriate fees have been paid, unless
15		the court notifies the Secretary of State that the person
16		should be disqualified. The bases for this withdrawal of
17		driving privileges shall be the individual's refusal to submit
18		to or failure to complete a chemical test or tests following an
19		arrest for the offense of driving under the influence of
20		alcohol, other drugs, or intoxicating compounds, or any
21		combination thereof, or submission to such a test or tests
22		indicating an alcohol concentration of 0.06 0.08 or more as
23		provided in Section 11-501.1 of this Code.
24		(Source: P.A. 92-834, eff. 8-22-02.)
25		(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
26		Sec. 2-118.1. Opportunity for hearing; statutory summary
27		alcohol or other drug related suspension.
28		(a) A statutory summary suspension of driving privileges
29		under Section 11-501.1 shall not become effective until the
30		person is notified in writing of the impending suspension and
31		informed that he may request a hearing in the circuit court of

1		venue under paragraph (b) of this Section and the statutory
2		summary suspension shall become effective as provided in
3		Section 11-501.1.
4		(b) Within 90 days after the notice of statutory summary
5		suspension served under Section 11-501.1, the person may make a
6		written request for a judicial hearing in the circuit court of
7		venue. The request to the circuit court shall state the grounds
8		upon which the person seeks to have the statutory summary
9		suspension rescinded. Within 30 days after receipt of the
10		written request or the first appearance date on the Uniform
11		Traffic Ticket issued pursuant to a violation of Section
12		11-501, or a similar provision of a local ordinance, the
13		hearing shall be conducted by the circuit court having
14		jurisdiction. This judicial hearing, request, or process shall
15		not stay or delay the statutory summary suspension. The
16		hearings shall proceed in the court in the same manner as in
17		other civil proceedings.
18		The hearing may be conducted upon a review of the law
19		enforcement officer's own official reports; provided however,
20		that the person may subpoena the officer. Failure of the
21		officer to answer the subpoena shall be considered grounds for
22		a continuance if in the court's discretion the continuance is
23		appropriate.
24		The scope of the hearing shall be limited to the issues of:
25		1. Whether the person was placed under arrest for an
26		offense as defined in Section 11-501, or a similar
27		provision of a local ordinance, as evidenced by the
28		issuance of a Uniform Traffic Ticket, or issued a Uniform
29		Traffic Ticket out of state as provided in subsection (a)
30		of Section 11-501.1; and
31		2. Whether the officer had reasonable grounds to
32		believe that the person was driving or in actual physical
33		control of a motor vehicle upon a highway while under the
34		influence of alcohol, other drug, or combination of both;
35		and
36		3. Whether the person, after being advised by the

1		officer that the privilege to operate a motor vehicle would
2		be suspended if the person refused to submit to and
3		complete the test or tests, did refuse to submit to or
4		complete the test or tests to determine the person's
5		alcohol or drug concentration; or
6		4. Whether the person, after being advised by the
7		officer that the privilege to operate a motor vehicle would
8		be suspended if the person submits to a chemical test, or
9		tests, and the test discloses an alcohol concentration of
10		0.06 0.08 or more, or any amount of a drug, substance, or
11		compound in the person's blood or urine resulting from the
12		unlawful use or consumption of cannabis listed in the
13		Cannabis Control Act, a controlled substance listed in the
14		Illinois Controlled Substances Act, or an intoxicating
15		compound as listed in the Use of Intoxicating Compounds
16		Act, and the person did submit to and complete the test or
17		tests that determined an alcohol concentration of 0.06 0.08
18		or more.
19		Upon the conclusion of the judicial hearing, the circuit
20		court shall sustain or rescind the statutory summary suspension
21		and immediately notify the Secretary of State. Reports received
22		by the Secretary of State under this Section shall be
23		privileged information and for use only by the courts, police
24		officers, and Secretary of State.
25		(Source: P.A. 92-458, eff. 8-22-01.)
26		(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
27		Sec. 6-206. Discretionary authority to suspend or revoke
28		license or permit; Right to a hearing.
29		(a) The Secretary of State is authorized to suspend or
30		revoke the driving privileges of any person without preliminary
31		hearing upon a showing of the person's records or other
32		sufficient evidence that the person:
33		1. Has committed an offense for which mandatory
34		revocation of a driver's license or permit is required upon
35		conviction;

1		2. Has been convicted of not less than 3 offenses
2		against traffic regulations governing the movement of
3		vehicles committed within any 12 month period. No
4		revocation or suspension shall be entered more than 6
5		months after the date of last conviction;
6		3. Has been repeatedly involved as a driver in motor
7		vehicle collisions or has been repeatedly convicted of
8		offenses against laws and ordinances regulating the
9		movement of traffic, to a degree that indicates lack of
10		ability to exercise ordinary and reasonable care in the
11		safe operation of a motor vehicle or disrespect for the
12		traffic laws and the safety of other persons upon the
13		highway;
14		4. Has by the unlawful operation of a motor vehicle
15		caused or contributed to an accident resulting in death or
16		injury requiring immediate professional treatment in a
17		medical facility or doctor's office to any person, except
18		that any suspension or revocation imposed by the Secretary
19		of State under the provisions of this subsection shall
20		start no later than 6 months after being convicted of
21		violating a law or ordinance regulating the movement of
22		traffic, which violation is related to the accident, or
23		shall start not more than one year after the date of the
24		accident, whichever date occurs later;
25		5. Has permitted an unlawful or fraudulent use of a
26		driver's license, identification card, or permit;
27		6. Has been lawfully convicted of an offense or
28		offenses in another state, including the authorization
29		contained in Section 6-203.1, which if committed within
30		this State would be grounds for suspension or revocation;
31		7. Has refused or failed to submit to an examination
32		provided for by Section 6-207 or has failed to pass the
33		examination;
34		8. Is ineligible for a driver's license or permit under
35		the provisions of Section 6-103;
36		9. Has made a false statement or knowingly concealed a

1		material fact or has used false information or
2		identification in any application for a license,
3		identification card, or permit;
4		10. Has possessed, displayed, or attempted to
5		fraudulently use any license, identification card, or
6		permit not issued to the person;
7		11. Has operated a motor vehicle upon a highway of this
8		State when the person's driving privilege or privilege to
9		obtain a driver's license or permit was revoked or
10		suspended unless the operation was authorized by a judicial
11		driving permit, probationary license to drive, or a
12		restricted driving permit issued under this Code;
13		12. Has submitted to any portion of the application
14		process for another person or has obtained the services of
15		another person to submit to any portion of the application
16		process for the purpose of obtaining a license,
17		identification card, or permit for some other person;
18		13. Has operated a motor vehicle upon a highway of this
19		State when the person's driver's license or permit was
20		invalid under the provisions of Sections 6-107.1 and 6-110;
21		14. Has committed a violation of Section 6-301,
22		6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
23		of the Illinois Identification Card Act;
24		15. Has been convicted of violating Section 21-2 of the
25		Criminal Code of 1961 relating to criminal trespass to
26		vehicles in which case, the suspension shall be for one
27		year;
28		16. Has been convicted of violating Section 11-204 of
29		this Code relating to fleeing from a peace officer;
30		17. Has refused to submit to a test, or tests, as
31		required under Section 11-501.1 of this Code and the person
32		has not sought a hearing as provided for in Section
33		11-501.1;
34		18. Has, since issuance of a driver's license or
35		permit, been adjudged to be afflicted with or suffering
36		from any mental disability or disease;

1		19. Has committed a violation of paragraph (a) or (b)
2		of Section 6-101 relating to driving without a driver's
3		license;
4		20. Has been convicted of violating Section 6-104
5		relating to classification of driver's license;
6		21. Has been convicted of violating Section 11-402 of
7		this Code relating to leaving the scene of an accident
8		resulting in damage to a vehicle in excess of $1,000, in
9		which case the suspension shall be for one year;
10		22. Has used a motor vehicle in violating paragraph
11		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
12		the Criminal Code of 1961 relating to unlawful use of
13		weapons, in which case the suspension shall be for one
14		year;
15		23. Has, as a driver, been convicted of committing a
16		violation of paragraph (a) of Section 11-502 of this Code
17		for a second or subsequent time within one year of a
18		similar violation;
19		24. Has been convicted by a court-martial or punished
20		by non-judicial punishment by military authorities of the
21		United States at a military installation in Illinois of or
22		for a traffic related offense that is the same as or
23		similar to an offense specified under Section 6-205 or
24		6-206 of this Code;
25		25. Has permitted any form of identification to be used
26		by another in the application process in order to obtain or
27		attempt to obtain a license, identification card, or
28		permit;
29		26. Has altered or attempted to alter a license or has
30		possessed an altered license, identification card, or
31		permit;
32		27. Has violated Section 6-16 of the Liquor Control Act
33		of 1934;
34		28. Has been convicted of the illegal possession, while
35		operating or in actual physical control, as a driver, of a
36		motor vehicle, of any controlled substance prohibited

1		under the Illinois Controlled Substances Act or any
2		cannabis prohibited under the provisions of the Cannabis
3		Control Act, in which case the person's driving privileges
4		shall be suspended for one year, and any driver who is
5		convicted of a second or subsequent offense, within 5 years
6		of a previous conviction, for the illegal possession, while
7		operating or in actual physical control, as a driver, of a
8		motor vehicle, of any controlled substance prohibited
9		under the provisions of the Illinois Controlled Substances
10		Act or any cannabis prohibited under the Cannabis Control
11		Act shall be suspended for 5 years. Any defendant found
12		guilty of this offense while operating a motor vehicle,
13		shall have an entry made in the court record by the
14		presiding judge that this offense did occur while the
15		defendant was operating a motor vehicle and order the clerk
16		of the court to report the violation to the Secretary of
17		State;
18		29. Has been convicted of the following offenses that
19		were committed while the person was operating or in actual
20		physical control, as a driver, of a motor vehicle: criminal
21		sexual assault, predatory criminal sexual assault of a
22		child, aggravated criminal sexual assault, criminal sexual
23		abuse, aggravated criminal sexual abuse, juvenile pimping,
24		soliciting for a juvenile prostitute and the manufacture,
25		sale or delivery of controlled substances or instruments
26		used for illegal drug use or abuse in which case the
27		driver's driving privileges shall be suspended for one
28		year;
29		30. Has been convicted a second or subsequent time for
30		any combination of the offenses named in paragraph 29 of
31		this subsection, in which case the person's driving
32		privileges shall be suspended for 5 years;
33		31. Has refused to submit to a test as required by
34		Section 11-501.6 or has submitted to a test resulting in an
35		alcohol concentration of 0.06 0.08 or more or any amount of
36		a drug, substance, or compound resulting from the unlawful

1		use or consumption of cannabis as listed in the Cannabis
2		Control Act, a controlled substance as listed in the
3		Illinois Controlled Substances Act, or an intoxicating
4		compound as listed in the Use of Intoxicating Compounds
5		Act, in which case the penalty shall be as prescribed in
6		Section 6-208.1;
7		32. Has been convicted of Section 24-1.2 of the
8		Criminal Code of 1961 relating to the aggravated discharge
9		of a firearm if the offender was located in a motor vehicle
10		at the time the firearm was discharged, in which case the
11		suspension shall be for 3 years;
12		33. Has as a driver, who was less than 21 years of age
13		on the date of the offense, been convicted a first time of
14		a violation of paragraph (a) of Section 11-502 of this Code
15		or a similar provision of a local ordinance;
16		34. Has committed a violation of Section 11-1301.5 of
17		this Code;
18		35. Has committed a violation of Section 11-1301.6 of
19		this Code;
20		36. Is under the age of 21 years at the time of arrest
21		and has been convicted of not less than 2 offenses against
22		traffic regulations governing the movement of vehicles
23		committed within any 24 month period. No revocation or
24		suspension shall be entered more than 6 months after the
25		date of last conviction;
26		37. Has committed a violation of subsection (c) of
27		Section 11-907 of this Code;
28		38. Has been convicted of a violation of Section 6-20
29		of the Liquor Control Act of 1934 or a similar provision of
30		a local ordinance; or
31		39. Has committed a second or subsequent violation of
32		Section 11-1201 of this Code.
33		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
34		and 27 of this subsection, license means any driver's license,
35		any traffic ticket issued when the person's driver's license is
36		deposited in lieu of bail, a suspension notice issued by the

1		Secretary of State, a duplicate or corrected driver's license,
2		a probationary driver's license or a temporary driver's
3		license.
4		(b) If any conviction forming the basis of a suspension or
5		revocation authorized under this Section is appealed, the
6		Secretary of State may rescind or withhold the entry of the
7		order of suspension or revocation, as the case may be, provided
8		that a certified copy of a stay order of a court is filed with
9		the Secretary of State. If the conviction is affirmed on
10		appeal, the date of the conviction shall relate back to the
11		time the original judgment of conviction was entered and the 6
12		month limitation prescribed shall not apply.
13		(c) 1. Upon suspending or revoking the driver's license or
14		permit of any person as authorized in this Section, the
15		Secretary of State shall immediately notify the person in
16		writing of the revocation or suspension. The notice to be
17		deposited in the United States mail, postage prepaid, to
18		the last known address of the person.
19		2. If the Secretary of State suspends the driver's
20		license of a person under subsection 2 of paragraph (a) of
21		this Section, a person's privilege to operate a vehicle as
22		an occupation shall not be suspended, provided an affidavit
23		is properly completed, the appropriate fee received, and a
24		permit issued prior to the effective date of the
25		suspension, unless 5 offenses were committed, at least 2 of
26		which occurred while operating a commercial vehicle in
27		connection with the driver's regular occupation. All other
28		driving privileges shall be suspended by the Secretary of
29		State. Any driver prior to operating a vehicle for
30		occupational purposes only must submit the affidavit on
31		forms to be provided by the Secretary of State setting
32		forth the facts of the person's occupation. The affidavit
33		shall also state the number of offenses committed while
34		operating a vehicle in connection with the driver's regular
35		occupation. The affidavit shall be accompanied by the
36		driver's license. Upon receipt of a properly completed

1		affidavit, the Secretary of State shall issue the driver a
2		permit to operate a vehicle in connection with the driver's
3		regular occupation only. Unless the permit is issued by the
4		Secretary of State prior to the date of suspension, the
5		privilege to drive any motor vehicle shall be suspended as
6		set forth in the notice that was mailed under this Section.
7		If an affidavit is received subsequent to the effective
8		date of this suspension, a permit may be issued for the
9		remainder of the suspension period.
10		The provisions of this subparagraph shall not apply to
11		any driver required to obtain a commercial driver's license
12		under Section 6-507 during the period of a disqualification
13		of commercial driving privileges under Section 6-514.
14		Any person who falsely states any fact in the affidavit
15		required herein shall be guilty of perjury under Section
16		6-302 and upon conviction thereof shall have all driving
17		privileges revoked without further rights.
18		3. At the conclusion of a hearing under Section 2-118
19		of this Code, the Secretary of State shall either rescind
20		or continue an order of revocation or shall substitute an
21		order of suspension; or, good cause appearing therefor,
22		rescind, continue, change, or extend the order of
23		suspension. If the Secretary of State does not rescind the
24		order, the Secretary may upon application, to relieve undue
25		hardship, issue a restricted driving permit granting the
26		privilege of driving a motor vehicle between the
27		petitioner's residence and petitioner's place of
28		employment or within the scope of his employment related
29		duties, or to allow transportation for the petitioner, or a
30		household member of the petitioner's family, to receive
31		necessary medical care and if the professional evaluation
32		indicates, provide transportation for alcohol remedial or
33		rehabilitative activity, or for the petitioner to attend
34		classes, as a student, in an accredited educational
35		institution; if the petitioner is able to demonstrate that
36		no alternative means of transportation is reasonably

1		available and the petitioner will not endanger the public
2		safety or welfare.
3		If a person's license or permit has been revoked or
4		suspended due to 2 or more convictions of violating Section
5		11-501 of this Code or a similar provision of a local
6		ordinance or a similar out-of-state offense, arising out of
7		separate occurrences, that person, if issued a restricted
8		driving permit, may not operate a vehicle unless it has
9		been equipped with an ignition interlock device as defined
10		in Section 1-129.1.
11		If a person's license or permit has been revoked or
12		suspended 2 or more times within a 10 year period due to a
13		single conviction of violating Section 11-501 of this Code
14		or a similar provision of a local ordinance or a similar
15		out-of-state offense, and a statutory summary suspension
16		under Section 11-501.1, or 2 or more statutory summary
17		suspensions, or combination of 2 offenses, or of an offense
18		and a statutory summary suspension, arising out of separate
19		occurrences, that person, if issued a restricted driving
20		permit, may not operate a vehicle unless it has been
21		equipped with an ignition interlock device as defined in
22		Section 1-129.1. The person must pay to the Secretary of
23		State DUI Administration Fund an amount not to exceed $20
24		per month. The Secretary shall establish by rule the amount
25		and the procedures, terms, and conditions relating to these
26		fees. If the restricted driving permit was issued for
27		employment purposes, then this provision does not apply to
28		the operation of an occupational vehicle owned or leased by
29		that person's employer. In each case the Secretary may
30		issue a restricted driving permit for a period deemed
31		appropriate, except that all permits shall expire within
32		one year from the date of issuance. The Secretary may not,
33		however, issue a restricted driving permit to any person
34		whose current revocation is the result of a second or
35		subsequent conviction for a violation of Section 11-501 of
36		this Code or a similar provision of a local ordinance

1		relating to the offense of operating or being in physical
2		control of a motor vehicle while under the influence of
3		alcohol, other drug or drugs, intoxicating compound or
4		compounds, or any similar out-of-state offense, or any
5		combination of those offenses, until the expiration of at
6		least one year from the date of the revocation. A
7		restricted driving permit issued under this Section shall
8		be subject to cancellation, revocation, and suspension by
9		the Secretary of State in like manner and for like cause as
10		a driver's license issued under this Code may be cancelled,
11		revoked, or suspended; except that a conviction upon one or
12		more offenses against laws or ordinances regulating the
13		movement of traffic shall be deemed sufficient cause for
14		the revocation, suspension, or cancellation of a
15		restricted driving permit. The Secretary of State may, as a
16		condition to the issuance of a restricted driving permit,
17		require the applicant to participate in a designated driver
18		remedial or rehabilitative program. The Secretary of State
19		is authorized to cancel a restricted driving permit if the
20		permit holder does not successfully complete the program.
21		(c-5) The Secretary of State may, as a condition of the
22		reissuance of a driver's license or permit to an applicant
23		whose driver's license or permit has been suspended before he
24		or she reached the age of 18 years pursuant to any of the
25		provisions of this Section, require the applicant to
26		participate in a driver remedial education course and be
27		retested under Section 6-109 of this Code.
28		(d) This Section is subject to the provisions of the
29		Drivers License Compact.
30		(e) The Secretary of State shall not issue a restricted
31		driving permit to a person under the age of 16 years whose
32		driving privileges have been suspended or revoked under any
33		provisions of this Code.
34		(Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01;
35		92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 92-804, eff.
36		1-1-03; 92-814, eff. 1-1-03; 93-120, eff. 1-1-04.)

1		(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
2		Sec. 6-208.1. Period of statutory summary alcohol, other
3		drug, or intoxicating compound related suspension.
4		(a) Unless the statutory summary suspension has been
5		rescinded, any person whose privilege to drive a motor vehicle
6		on the public highways has been summarily suspended, pursuant
7		to Section 11-501.1, shall not be eligible for restoration of
8		the privilege until the expiration of:
9		1. Six months from the effective date of the statutory
10		summary suspension for a refusal or failure to complete a
11		test or tests to determine the alcohol, drug, or
12		intoxicating compound concentration, pursuant to Section
13		11-501.1; or
14		2. Three months from the effective date of the
15		statutory summary suspension imposed following the
16		person's submission to a chemical test which disclosed an
17		alcohol concentration of 0.06 0.08 or more, or any amount
18		of a drug, substance, or intoxicating compound in such
19		person's breath, blood, or urine resulting from the
20		unlawful use or consumption of cannabis listed in the
21		Cannabis Control Act, a controlled substance listed in the
22		Illinois Controlled Substances Act, or an intoxicating
23		compound listed in the Use of Intoxicating Compounds Act,
24		pursuant to Section 11-501.1; or
25		3. Three years from the effective date of the statutory
26		summary suspension for any person other than a first
27		offender who refuses or fails to complete a test or tests
28		to determine the alcohol, drug, or intoxicating compound
29		concentration pursuant to Section 11-501.1; or
30		4. One year from the effective date of the summary
31		suspension imposed for any person other than a first
32		offender following submission to a chemical test which
33		disclosed an alcohol concentration of 0.06 0.08 or more
34		pursuant to Section 11-501.1 or any amount of a drug,
35		substance or compound in such person's blood or urine

1		resulting from the unlawful use or consumption of cannabis
2		listed in the Cannabis Control Act, a controlled substance
3		listed in the Illinois Controlled Substances Act, or an
4		intoxicating compound listed in the Use of Intoxicating
5		Compounds Act.
6		(b) Following a statutory summary suspension of the
7		privilege to drive a motor vehicle under Section 11-501.1, full
8		driving privileges shall be restored unless the person is
9		otherwise disqualified by this Code. If the court has reason to
10		believe that the person's driving privilege should not be
11		restored, the court shall notify the Secretary of State prior
12		to the expiration of the statutory summary suspension so
13		appropriate action may be taken pursuant to this Code.
14		(c) Full driving privileges may not be restored until all
15		applicable reinstatement fees, as provided by this Code, have
16		been paid to the Secretary of State and the appropriate entry
17		made to the driver's record.
18		(d) Where a driving privilege has been summarily suspended
19		under Section 11-501.1 and the person is subsequently convicted
20		of violating Section 11-501, or a similar provision of a local
21		ordinance, for the same incident, any period served on
22		statutory summary suspension shall be credited toward the
23		minimum period of revocation of driving privileges imposed
24		pursuant to Section 6-205.
25		(e) Following a statutory summary suspension of driving
26		privileges pursuant to Section 11-501.1, for a first offender,
27		the circuit court may, after at least 30 days from the
28		effective date of the statutory summary suspension, issue a
29		judicial driving permit as provided in Section 6-206.1.
30		(f) Subsequent to an arrest of a first offender, for any
31		offense as defined in Section 11-501 or a similar provision of
32		a local ordinance, following a statutory summary suspension of
33		driving privileges pursuant to Section 11-501.1, for a first
34		offender, the circuit court may issue a court order directing
35		the Secretary of State to issue a judicial driving permit as
36		provided in Section 6-206.1. However, this JDP shall not be

1		effective prior to the 31st day of the statutory summary
2		suspension.
3		(g) Following a statutory summary suspension of driving
4		privileges pursuant to Section 11-501.1 where the person was
5		not a first offender, as defined in Section 11-500, the
6		Secretary of State may not issue a restricted driving permit.
7		(h) (Blank).
8		(Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01.)
9		(625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
10		Sec. 6-517. Commercial driver; implied consent warnings.
11		(a) Any person driving a commercial motor vehicle who is
12		requested by a police officer, pursuant to Section 6-516, to
13		submit to a chemical test or tests to determine the alcohol
14		concentration or any amount of a drug, substance, or compound
15		resulting from the unlawful use or consumption of cannabis
16		listed in the Cannabis Control Act or a controlled substance
17		listed in the Illinois Controlled Substances Act in such
18		person's system, must be warned by the police officer
19		requesting the test or tests that a refusal to submit to the
20		test or tests will result in that person being immediately
21		placed out-of-service for a period of 24 hours and being
22		disqualified from operating a commercial motor vehicle for a
23		period of not less than 12 months; the person shall also be
24		warned that if such person submits to testing which discloses
25		an alcohol concentration of greater than 0.00 but less than
26		0.04 or any amount of a drug, substance, or compound in such
27		person's blood or urine resulting from the unlawful use or
28		consumption of cannabis listed in the Cannabis Control Act or a
29		controlled substance listed in the Illinois Controlled
30		Substances Act, such person shall be placed immediately
31		out-of-service for a period of 24 hours; if the person submits
32		to testing which discloses an alcohol concentration of 0.04 or
33		more or any amount of a drug, substance, or compound in such
34		person's blood or urine resulting from the unlawful use or
35		consumption of cannabis listed in the Cannabis Control Act or a

1		controlled substance listed in the Illinois Controlled
2		Substances Act, such person shall be placed immediately
3		out-of-service and disqualified from driving a commercial
4		motor vehicle for a period of at least 12 months; also the
5		person shall be warned that if such testing discloses an
6		alcohol concentration of 0.06 0.08, or more or any amount of a
7		drug, substance, or compound in such person's blood or urine
8		resulting from the unlawful use or consumption of cannabis
9		listed in the Cannabis Control Act or a controlled substance
10		listed in the Illinois Controlled Substances Act, in addition
11		to the person being immediately placed out-of-service and
12		disqualified for 12 months as provided in this UCDLA, the
13		results of such testing shall also be admissible in
14		prosecutions for violations of Section 11-501 of this Code, or
15		similar violations of local ordinances, however, such results
16		shall not be used to impose any driving sanctions pursuant to
17		Section 11-501.1 of this Code.
18		The person shall also be warned that any disqualification
19		imposed pursuant to this Section, shall be for life for any
20		such offense or refusal, or combination thereof; including a
21		conviction for violating Section 11-501 while driving a
22		commercial motor vehicle, or similar provisions of local
23		ordinances, committed a second time involving separate
24		incidents.
25		(b) If the person refuses or fails to complete testing, or
26		submits to a test which discloses an alcohol concentration of
27		at least 0.04, or any amount of a drug, substance, or compound
28		in such person's blood or urine resulting from the unlawful use
29		or consumption of cannabis listed in the Cannabis Control Act
30		or a controlled substance listed in the Illinois Controlled
31		Substances Act, the law enforcement officer must submit a Sworn
32		Report to the Secretary of State, in a form prescribed by the
33		Secretary, certifying that the test or tests was requested
34		pursuant to paragraph (a); that the person was warned, as
35		provided in paragraph (a) and that such person refused to
36		submit to or failed to complete testing, or submitted to a test

1		which disclosed an alcohol concentration of 0.04 or more, or
2		any amount of a drug, substance, or compound in such person's
3		blood or urine resulting from the unlawful use or consumption
4		of cannabis listed in the Cannabis Control Act or a controlled
5		substance listed in the Illinois Controlled Substances Act.
6		(c) The police officer submitting the Sworn Report under
7		this Section shall serve notice of the CDL disqualification on
8		the person and such CDL disqualification shall be effective as
9		provided in paragraph (d). In cases where the blood alcohol
10		concentration of 0.04 or more, or any amount of a drug,
11		substance, or compound in such person's blood or urine
12		resulting from the unlawful use or consumption of cannabis
13		listed in the Cannabis Control Act or a controlled substance
14		listed in the Illinois Controlled Substances Act, is
15		established by subsequent analysis of blood or urine collected
16		at the time of the request, the police officer shall give
17		notice as provided in this Section or by deposit in the United
18		States mail of such notice as provided in this Section or by
19		deposit in the United States mail of such notice in an envelope
20		with postage prepaid and addressed to such person's domiciliary
21		address as shown on the Sworn Report and the CDL
22		disqualification shall begin as provided in paragraph (d).
23		(d) The CDL disqualification referred to in this Section
24		shall take effect on the 46th day following the date the Sworn
25		Report was given to the affected person.
26		(e) Upon receipt of the Sworn Report from the police
27		officer, the Secretary of State shall disqualify the person
28		from driving any commercial motor vehicle and shall confirm the
29		CDL disqualification by mailing the notice of the effective
30		date to the person. However, should the Sworn Report be
31		defective by not containing sufficient information or be
32		completed in error, the confirmation of the CDL
33		disqualification shall not be mailed to the affected person or
34		entered into the record, instead the Sworn Report shall be
35		forwarded to the issuing agency identifying any such defect.
36		(Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99.)

1		(625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
2		Sec. 6-520. CDL disqualification or out-of-service order;
3		hearing.
4		(a) A disqualification of commercial driving privileges by
5		the Secretary of State, pursuant to this UCDLA, shall not
6		become effective until the person is notified in writing, by
7		the Secretary, of the impending disqualification and advised
8		that a CDL hearing may be requested.
9		(b) Upon receipt of the notice of a CDL disqualification
10		not based upon a conviction, an out-of-service order, or
11		notification that a CDL disqualification is forthcoming, the
12		person may make a written petition in a form, approved by the
13		Secretary of State, for a CDL hearing. Such petition must state
14		the grounds upon which the person seeks to have the CDL
15		disqualification rescinded or the out-of-service order removed
16		from the person's driving record. Within 10 days after the
17		receipt of such petition, it shall be reviewed by the Director
18		of the Department of Administrative Hearings, Office of the
19		Secretary of State, or by an appointed designee. If it is
20		determined that the petition on its face does not state grounds
21		upon which the relief may be based, the petition for a CDL
22		hearing shall be denied and the disqualification shall become
23		effective as if no petition had been filed and the
24		out-of-service order shall be sustained. If such petition is so
25		denied, the person may submit another petition.
26		(c) The scope of a CDL hearing, for any disqualification
27		imposed pursuant to paragraphs (1) and (2) of subsection (a) of
28		Section 6-514 shall be limited to the following issues:
29		1. Whether the person was operating a commercial motor
30		vehicle;
31		2. Whether, after making the initial stop, the police
32		officer had probable cause to issue a Sworn Report;
33		3. Whether the person was verbally warned of the
34		ensuing consequences prior to submitting to any type of
35		chemical test or tests to determine such person's blood

1		concentration of alcohol, other drug, or both;
2		4. Whether the person did refuse to submit to or failed
3		to complete the chemical testing or did submit to such test
4		or tests and such test or tests disclosed an alcohol
5		concentration of at least 0.04 or any amount of a drug,
6		substance, or compound resulting from the unlawful use or
7		consumption of cannabis listed in the Cannabis Control Act
8		or a controlled substance listed in the Illinois Controlled
9		Substances Act in the person's system;
10		5. Whether the person was warned that if the test or
11		tests disclosed an alcohol concentration of 0.06 0.08 or
12		more or any amount of a drug, substance, or compound
13		resulting from the unlawful use or consumption of cannabis
14		listed in the Cannabis Control Act or a controlled
15		substance listed in the Illinois Controlled Substances
16		Act, such results could be admissible in a subsequent
17		prosecution under Section 11-501 of this Code or similar
18		provision of local ordinances; and
19		6. Whether such results could not be used to impose any
20		driver's license sanctions pursuant to Section 11-501.1.
21		Upon the conclusion of the above CDL hearing, the CDL
22		disqualification imposed shall either be sustained or
23		rescinded.
24		(d) The scope of a CDL hearing for any out-of-service
25		sanction, imposed pursuant to Section 6-515, shall be limited
26		to the following issues:
27		1. Whether the person was driving a commercial motor
28		vehicle;
29		2. Whether, while driving such commercial motor
30		vehicle, the person had alcohol or any amount of a drug,
31		substance, or compound resulting from the unlawful use or
32		consumption of cannabis listed in the Cannabis Control Act
33		or a controlled substance listed in the Illinois Controlled
34		Substances Act in such person's system;
35		3. Whether the person was verbally warned of the
36		ensuing consequences prior to being asked to submit to any

1		type of chemical test or tests to determine such person's
2		alcohol, other drug, or both, concentration; and
3		4. Whether, after being so warned, the person did
4		refuse to submit to or failed to complete such chemical
5		test or tests or did submit to such test or tests and such
6		test or tests disclosed an alcohol concentration greater
7		than 0.00 or any amount of a drug, substance, or compound
8		resulting from the unlawful use or consumption of cannabis
9		listed in the Cannabis Control Act or a controlled
10		substance listed in the Illinois Controlled Substances
11		Act.
12		Upon the conclusion of the above CDL hearing, the
13		out-of-service sanction shall either be sustained or removed
14		from the person's driving record.
15		(e) If any person petitions for a hearing relating to any
16		CDL disqualification based upon a conviction, as defined in
17		this UCDLA, said hearing shall not be conducted as a CDL
18		hearing, but shall be conducted as any other driver's license
19		hearing, whether formal or informal, as promulgated in the
20		rules and regulations of the Secretary.
21		(f) Any evidence of alcohol or other drug consumption, for
22		the purposes of this UCDLA, shall be sufficient probable cause
23		for requesting the driver to submit to a chemical test or tests
24		to determine the presence of alcohol, other drug, or both in
25		the person's system and the subsequent issuance of an
26		out-of-service order or a Sworn Report by a police officer.
27		(g) For the purposes of this UCDLA, a CDL "hearing" shall
28		mean a hearing before the Office of the Secretary of State in
29		accordance with Section 2-118 of this Code, for the purpose of
30		resolving differences or disputes specifically related to the
31		scope of the issues identified in this Section. These
32		proceedings will be a matter of record and a final appealable
33		order issued. The petition for a CDL hearing shall not stay or
34		delay the effective date of the impending disqualification.
35		(h) The CDL hearing may be conducted upon a review of the
36		police officer's own official reports; provided however, that

1		the petitioner may subpoena the officer. Failure of the officer
2		to answer the subpoena shall be grounds for a continuance.
3		(Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99.)
4		(625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
5		Sec. 11-500. Definitions. For the purposes of interpreting
6		Sections 6-206.1 and 6-208.1 of this Code, "first offender"
7		shall mean any person who has not had a previous conviction or
8		court assigned supervision for violating Section 11-501, or a
9		similar provision of a local ordinance, or a conviction in any
10		other state for a violation of driving while under the
11		influence or a similar offense where the cause of action is the
12		same or substantially similar to this Code or any person who
13		has not had a driver's license suspension for violating Section
14		11-501.1 within 5 years prior to the date of the current
15		offense, except in cases where the driver submitted to chemical
16		testing resulting in an alcohol concentration of 0.06 0.08 or
17		more, or any amount of a drug, substance, or compound in such
18		person's blood or urine resulting from the unlawful use or
19		consumption of cannabis listed in the Cannabis Control Act, a
20		controlled substance listed in the Illinois Controlled
21		Substances Act, or an intoxicating compound listed in the Use
22		of Intoxicating Compounds Act and was subsequently found not
23		guilty of violating Section 11-501, or a similar provision of a
24		local ordinance.
25		(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
26		(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
27		Sec. 11-501. Driving while under the influence of alcohol,
28		other drug or drugs, intoxicating compound or compounds or any
29		combination thereof.
30		(a) A person shall not drive or be in actual physical
31		control of any vehicle within this State while:
32		(1) the alcohol concentration in the person's blood or
33		breath is 0.06 0.08 or more based on the definition of
34		blood and breath units in Section 11-501.2;

1		(2) under the influence of alcohol;
2		(3) under the influence of any intoxicating compound or
3		combination of intoxicating compounds to a degree that
4		renders the person incapable of driving safely;
5		(4) under the influence of any other drug or
6		combination of drugs to a degree that renders the person
7		incapable of safely driving;
8		(5) under the combined influence of alcohol, other drug
9		or drugs, or intoxicating compound or compounds to a degree
10		that renders the person incapable of safely driving; or
11		(6) there is any amount of a drug, substance, or
12		compound in the person's breath, blood, or urine resulting
13		from the unlawful use or consumption of cannabis listed in
14		the Cannabis Control Act, a controlled substance listed in
15		the Illinois Controlled Substances Act, or an intoxicating
16		compound listed in the Use of Intoxicating Compounds Act.
17		(b) The fact that any person charged with violating this
18		Section is or has been legally entitled to use alcohol, other
19		drug or drugs, or intoxicating compound or compounds, or any
20		combination thereof, shall not constitute a defense against any
21		charge of violating this Section.
22		(c) Except as provided under paragraphs (c-3), (c-4), and
23		(d) of 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 of
27		violating this Section or a similar provision of a law of
28		another state or local ordinance committed within 5 years of a
29		previous violation of this Section or a similar provision of a
30		local ordinance shall be mandatorily sentenced to a minimum of
31		5 days of imprisonment or assigned to a minimum of 30 days of
32		community service as may be determined by the court. Every
33		person convicted of violating this Section or a similar
34		provision of a local ordinance shall be subject to an
35		additional mandatory minimum fine of $500 and an additional
36		mandatory 5 days of community service in a program benefiting

1		children if the person committed a violation of paragraph (a)
2		or a similar provision of a local ordinance while transporting
3		a person under age 16. Every person convicted a second time for
4		violating this Section or a similar provision of a local
5		ordinance within 5 years of a previous violation of this
6		Section or a similar provision of a law of another state or
7		local ordinance shall be subject to an additional mandatory
8		minimum fine of $500 and an additional 10 days of mandatory
9		community service in a program benefiting children if the
10		current offense was committed while transporting a person under
11		age 16. The imprisonment or assignment under this subsection
12		shall not be subject to suspension nor shall the person be
13		eligible for probation in order to reduce the sentence or
14		assignment.
15		(c-1) (1) A person who violates this Section during a
16		period in which his or her driving privileges are revoked
17		or suspended, where the revocation or suspension was for a
18		violation of this Section, Section 11-501.1, paragraph (b)
19		of Section 11-401, or Section 9-3 of the Criminal Code of
20		1961 is guilty of a Class 4 felony.
21		(2) A person who violates this Section a third time
22		during a period in which his or her driving privileges are
23		revoked or suspended where the revocation or suspension was
24		for a violation of this Section, Section 11-501.1,
25		paragraph (b) of Section 11-401, or Section 9-3 of the
26		Criminal Code of 1961 is guilty of a Class 3 felony.
27		(3) A person who violates this Section a fourth or
28		subsequent time during a period in which his or her driving
29		privileges are revoked or suspended where the revocation or
30		suspension was for a violation of this Section, Section
31		11-501.1, paragraph (b) of Section 11-401, or Section 9-3
32		of the Criminal Code of 1961 is guilty of a Class 2 felony.
33		(c-2) (Blank).
34		(c-3) Every person convicted of violating this Section or a
35		similar provision of a local ordinance who had a child under
36		age 16 in the vehicle at the time of the offense shall have his

1		or her punishment under this Act enhanced by 2 days of
2		imprisonment for a first offense, 10 days of imprisonment for a
3		second offense, 30 days of imprisonment for a third offense,
4		and 90 days of imprisonment for a fourth or subsequent offense,
5		in addition to the fine and community service required under
6		subsection (c) and the possible imprisonment required under
7		subsection (d). The imprisonment or assignment under this
8		subsection shall not be subject to suspension nor shall the
9		person be eligible for probation in order to reduce the
10		sentence or assignment.
11		(c-4) When a person is convicted of violating Section
12		11-501 of this Code or a similar provision of a local
13		ordinance, the following penalties apply when his or her blood,
14		breath, or urine was .16 or more based on the definition of
15		blood, breath, or urine units in Section 11-501.2 or when that
16		person is convicted of violating this Section while
17		transporting a child under the age of 16:
18		(1) A person who is convicted of violating subsection
19		(a) of Section 11-501 of this Code a first time, in
20		addition to any other penalty that may be imposed under
21		subsection (c), is subject to a mandatory minimum of 100
22		hours of community service and a minimum fine of $500.
23		(2) A person who is convicted of violating subsection
24		(a) of Section 11-501 of this Code a second time within 10
25		years, in addition to any other penalty that may be imposed
26		under subsection (c), is subject to a mandatory minimum of
27		2 days of imprisonment and a minimum fine of $1,250.
28		(3) A person who is convicted of violating subsection
29		(a) of Section 11-501 of this Code a third time within 20
30		years is guilty of a Class 4 felony and, in addition to any
31		other penalty that may be imposed under subsection (c), is
32		subject to a mandatory minimum of 90 days of imprisonment
33		and a minimum fine of $2,500.
34		(4) A person who is convicted of violating this
35		subsection (c-4) a fourth or subsequent time is guilty of a
36		Class 2 felony and, in addition to any other penalty that

1		may be imposed under subsection (c), is not eligible for a
2		sentence of probation or conditional discharge and is
3		subject to a minimum fine of $2,500.
4		(d) (1) Every person convicted of committing a violation of
5		this Section shall be guilty of aggravated driving under
6		the influence of alcohol, other drug or drugs, or
7		intoxicating compound or compounds, or any combination
8		thereof if:
9		(A) the person committed a violation of this
10		Section, or a similar provision of a law of another
11		state or a local ordinance when the cause of action is
12		the same as or substantially similar to this Section,
13		for the third or subsequent time;
14		(B) the person committed a violation of paragraph
15		(a) while driving a school bus with children on board;
16		(C) the person in committing a violation of
17		paragraph (a) was involved in a motor vehicle accident
18		that resulted in great bodily harm or permanent
19		disability or disfigurement to another, when the
20		violation was a proximate cause of the injuries;
21		(D) the person committed a violation of paragraph
22		(a) for a second time and has been previously convicted
23		of violating Section 9-3 of the Criminal Code of 1961
24		relating to reckless homicide in which the person was
25		determined to have been under the influence of alcohol,
26		other drug or drugs, or intoxicating compound or
27		compounds as an element of the offense or the person
28		has previously been convicted under subparagraph (C)
29		or subparagraph (F) of this paragraph (1);
30		(E) the person, in committing a violation of
31		paragraph (a) while driving at any speed in a school
32		speed zone at a time when a speed limit of 20 miles per
33		hour was in effect under subsection (a) of Section
34		11-605 of this Code, was involved in a motor vehicle
35		accident that resulted in bodily harm, other than great
36		bodily harm or permanent disability or disfigurement,

1		to another person, when the violation of paragraph (a)
2		was a proximate cause of the bodily harm; or
3		(F) the person, in committing a violation of
4		paragraph (a), was involved in a motor vehicle,
5		snowmobile, all-terrain vehicle, or watercraft
6		accident that resulted in the death of another person,
7		when the violation of paragraph (a) was a proximate
8		cause of the death.
9		(2) Except as provided in this paragraph (2),
10		aggravated driving under the influence of alcohol, other
11		drug or drugs, or intoxicating compound or compounds, or
12		any combination thereof is a Class 4 felony. For a
13		violation of subparagraph (C) of paragraph (1) of this
14		subsection (d), the defendant, if sentenced to a term of
15		imprisonment, shall be sentenced to not less than one year
16		nor more than 12 years. Aggravated driving under the
17		influence of alcohol, other drug or drugs, or intoxicating
18		compound or compounds, or any combination thereof as
19		defined in subparagraph (F) of paragraph (1) of this
20		subsection (d) is a Class 2 felony, for which the
21		defendant, if sentenced to a term of imprisonment, shall be
22		sentenced to: (A) a term of imprisonment of not less than 3
23		years and not more than 14 years if the violation resulted
24		in the death of one person; or (B) a term of imprisonment
25		of not less than 6 years and not more than 28 years if the
26		violation resulted in the deaths of 2 or more persons. For
27		any prosecution under this subsection (d), a certified copy
28		of the driving abstract of the defendant shall be admitted
29		as proof of any prior conviction.
30		(e) After a finding of guilt and prior to any final
31		sentencing, or an order for supervision, for an offense based
32		upon an arrest for a violation of this Section or a similar
33		provision of a local ordinance, individuals shall be required
34		to undergo a professional evaluation to determine if an
35		alcohol, drug, or intoxicating compound abuse problem exists
36		and the extent of the problem, and undergo the imposition of

1		treatment as appropriate. Programs conducting these
2		evaluations shall be licensed by the Department of Human
3		Services. The cost of any professional evaluation shall be paid
4		for by the individual required to undergo the professional
5		evaluation.
6		(e-1) Any person who is found guilty of or pleads guilty to
7		violating this Section, including any person receiving a
8		disposition of court supervision for violating this Section,
9		may be required by the Court to attend a victim impact panel
10		offered by, or under contract with, a County State's Attorney's
11		office, a probation and court services department, Mothers
12		Against Drunk Driving, or the Alliance Against Intoxicated
13		Motorists. All costs generated by the victim impact panel shall
14		be paid from fees collected from the offender or as may be
15		determined by the court.
16		(f) Every person found guilty of violating this Section,
17		whose operation of a motor vehicle while in violation of this
18		Section proximately caused any incident resulting in an
19		appropriate emergency response, shall be liable for the expense
20		of an emergency response as provided under Section 5-5-3 of the
21		Unified Code of Corrections.
22		(g) The Secretary of State shall revoke the driving
23		privileges of any person convicted under this Section or a
24		similar provision of a local ordinance.
25		(h) Every person sentenced under paragraph (2) or (3) of
26		subsection (c-1) of this Section or subsection (d) of this
27		Section and who receives a term of probation or conditional
28		discharge shall be required to serve a minimum term of either
29		60 days community service or 10 days of imprisonment as a
30		condition of the probation or conditional discharge. This
31		mandatory minimum term of imprisonment or assignment of
32		community service shall not be suspended and shall not be
33		subject to reduction by the court.
34		(i) The Secretary of State shall require the use of
35		ignition interlock devices on all vehicles owned by an
36		individual who has been convicted of a second or subsequent

1		offense of this Section or a similar provision of a local
2		ordinance. The Secretary shall establish by rule and regulation
3		the procedures for certification and use of the interlock
4		system.
5		(j) In addition to any other penalties and liabilities, a
6		person who is found guilty of or pleads guilty to violating
7		this Section, including any person placed on court supervision
8		for violating this Section, shall be fined $100, payable to the
9		circuit clerk, who shall distribute the money to the law
10		enforcement agency that made the arrest. If the person has been
11		previously convicted of violating this Section or a similar
12		provision of a local ordinance, the fine shall be $200. In the
13		event that more than one agency is responsible for the arrest,
14		the $100 or $200 shall be shared equally. Any moneys received
15		by a law enforcement agency under this subsection (j) shall be
16		used to purchase law enforcement equipment that will assist in
17		the prevention of alcohol related criminal violence throughout
18		the State. This shall include, but is not limited to, in-car
19		video cameras, radar and laser speed detection devices, and
20		alcohol breath testers. Any moneys received by the Department
21		of State Police under this subsection (j) shall be deposited
22		into the State Police DUI Fund and shall be used to purchase
23		law enforcement equipment that will assist in the prevention of
24		alcohol related criminal violence throughout the State.
25		(k) The Secretary of State Police DUI Fund is created as a
26		special fund in the State treasury. All moneys received by the
27		Secretary of State Police under subsection (j) of this Section
28		shall be deposited into the Secretary of State Police DUI Fund
29		and, subject to appropriation, shall be used to purchase law
30		enforcement equipment to assist in the prevention of alcohol
31		related criminal violence throughout the State.
32		(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
33		92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02;
34		92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff.
35		7-18-03; 93-584, eff. 8-22-03; revised 8-27-03.)

1		(625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
2		Sec. 11-501.1. Suspension of drivers license; statutory
3		summary alcohol, other drug or drugs, or intoxicating compound
4		or compounds related suspension; implied consent.
5		(a) Any person who drives or is in actual physical control
6		of a motor vehicle upon the public highways of this State shall
7		be deemed to have given consent, subject to the provisions of
8		Section 11-501.2, to a chemical test or tests of blood, breath,
9		or urine for the purpose of determining the content of alcohol,
10		other drug or drugs, or intoxicating compound or compounds or
11		any combination thereof in the person's blood if arrested, as
12		evidenced by the issuance of a Uniform Traffic Ticket, for any
13		offense as defined in Section 11-501 or a similar provision of
14		a local ordinance. The test or tests shall be administered at
15		the direction of the arresting officer. The law enforcement
16		agency employing the officer shall designate which of the
17		aforesaid tests shall be administered. A urine test may be
18		administered even after a blood or breath test or both has been
19		administered. For purposes of this Section, an Illinois law
20		enforcement officer of this State who is investigating the
21		person for any offense defined in Section 11-501 may travel
22		into an adjoining state, where the person has been transported
23		for medical care, to complete an investigation and to request
24		that the person submit to the test or tests set forth in this
25		Section. The requirements of this Section that the person be
26		arrested are inapplicable, but the officer shall issue the
27		person a Uniform Traffic Ticket for an offense as defined in
28		Section 11-501 or a similar provision of a local ordinance
29		prior to requesting that the person submit to the test or
30		tests. The issuance of the Uniform Traffic Ticket shall not
31		constitute an arrest, but shall be for the purpose of notifying
32		the person that he or she is subject to the provisions of this
33		Section and of the officer's belief of the existence of
34		probable cause to arrest. Upon returning to this State, the
35		officer shall file the Uniform Traffic Ticket with the Circuit
36		Clerk of the county where the offense was committed, and shall

1		seek the issuance of an arrest warrant or a summons for the
2		person.
3		(b) Any person who is dead, unconscious, or who is
4		otherwise in a condition rendering the 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 tests
7		may be administered, subject to the provisions of Section
8		11-501.2.
9		(c) A person requested to submit to a test as provided
10		above shall be warned by the law enforcement officer requesting
11		the test that a refusal to submit to the test will result in
12		the statutory summary suspension of the person's privilege to
13		operate a motor vehicle as provided in Section 6-208.1 of this
14		Code. The person shall also be warned by the law enforcement
15		officer that if the person submits to the test or tests
16		provided in paragraph (a) of this Section and the alcohol
17		concentration in the person's blood or breath is 0.06 0.08 or
18		greater, or any amount of a drug, substance, or compound
19		resulting from the unlawful use or consumption of cannabis as
20		covered by the Cannabis Control Act, a controlled substance
21		listed in the Illinois Controlled Substances Act, or an
22		intoxicating compound listed in the Use of Intoxicating
23		Compounds Act is detected in the person's blood or urine, a
24		statutory summary suspension of the person's privilege to
25		operate a motor vehicle, as provided in Sections 6-208.1 and
26		11-501.1 of this Code, will be imposed.
27		A person who is under the age of 21 at the time the person
28		is requested to submit to a test as provided above shall, in
29		addition to the warnings provided for in this Section, be
30		further warned by the law enforcement officer requesting the
31		test that if the person submits to the test or tests provided
32		in paragraph (a) of this Section and the alcohol concentration
33		in the person's blood or breath is greater than 0.00 and less
34		than 0.06 0.08, a suspension of the person's privilege to
35		operate a motor vehicle, as provided under Sections 6-208.2 and
36		11-501.8 of this Code, will be imposed. The results of this

1		test shall be admissible in a civil or criminal action or
2		proceeding arising from an arrest for an offense as defined in
3		Section 11-501 of this Code or a similar provision of a local
4		ordinance or pursuant to Section 11-501.4 in prosecutions for
5		reckless homicide brought under the Criminal Code of 1961.
6		These test results, however, shall be admissible only in
7		actions or proceedings directly related to the incident upon
8		which the test request was made.
9		(d) If the person refuses testing or submits to a test that
10		discloses an alcohol concentration of 0.06 0.08 or more, or any
11		amount of a drug, substance, or intoxicating compound in the
12		person's breath, blood, or urine resulting from the unlawful
13		use or consumption of cannabis listed in the Cannabis Control
14		Act, a controlled substance listed in the Illinois Controlled
15		Substances Act, or an intoxicating compound listed in the Use
16		of Intoxicating Compounds Act, the law enforcement officer
17		shall immediately submit a sworn report to the circuit court of
18		venue and the Secretary of State, certifying that the test or
19		tests was or were requested under paragraph (a) and the person
20		refused to submit to a test, or tests, or submitted to testing
21		that disclosed an alcohol concentration of 0.06 0.08 or more.
22		(e) Upon receipt of the sworn report of a law enforcement
23		officer submitted under paragraph (d), the Secretary of State
24		shall enter the statutory summary suspension for the periods
25		specified in Section 6-208.1, and effective as provided in
26		paragraph (g).
27		If the person is a first offender as defined in Section
28		11-500 of this Code, and is not convicted of a violation of
29		Section 11-501 of this Code or a similar provision of a local
30		ordinance, then reports received by the Secretary of State
31		under this Section shall, except during the actual time the
32		Statutory Summary Suspension is in effect, be privileged
33		information and for use only by the courts, police officers,
34		prosecuting authorities or the Secretary of State.
35		(f) The law enforcement officer submitting the sworn report
36		under paragraph (d) shall serve immediate notice of the

1		statutory summary suspension on the person and the suspension
2		shall be effective as provided in paragraph (g). In cases where
3		the blood alcohol concentration of 0.06 0.08 or greater or any
4		amount of a drug, substance, or compound resulting from the
5		unlawful use or consumption of cannabis as covered by the
6		Cannabis Control Act, a controlled substance listed in the
7		Illinois Controlled Substances Act, or an intoxicating
8		compound listed in the Use of Intoxicating Compounds Act is
9		established by a subsequent analysis of blood or urine
10		collected at the time of arrest, the arresting officer or
11		arresting agency shall give notice as provided in this Section
12		or by deposit in the United States mail of the notice in an
13		envelope with postage prepaid and addressed to the person at
14		his address as shown on the Uniform Traffic Ticket and the
15		statutory summary suspension shall begin as provided in
16		paragraph (g). The officer shall confiscate any Illinois
17		driver's license or permit on the person at the time of arrest.
18		If the person has a valid driver's license or permit, the
19		officer shall issue the person a receipt, in a form prescribed
20		by the Secretary of State, that will allow that person to drive
21		during the periods provided for in paragraph (g). The officer
22		shall immediately forward the driver's license or permit to the
23		circuit court of venue along with the sworn report provided for
24		in paragraph (d).
25		(g) The statutory summary suspension referred to in this
26		Section shall take effect on the 46th day following the date
27		the notice of the statutory summary suspension was given to the
28		person.
29		(h) The following procedure shall apply whenever a person
30		is arrested for any offense as defined in Section 11-501 or a
31		similar provision of a local ordinance:
32		Upon receipt of the sworn report from the law enforcement
33		officer, the Secretary of State shall confirm the statutory
34		summary suspension by mailing a notice of the effective date of
35		the suspension to the person and the court of venue. However,
36		should the sworn report be defective by not containing

1		sufficient information or be completed in error, the
2		confirmation of the statutory summary suspension shall not be
3		mailed to the person or entered to the record; instead, the
4		sworn report shall be forwarded to the court of venue with a
5		copy returned to the issuing agency identifying any defect.
6		(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-357,
7		eff. 7-29-99.)
8		(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
9		Sec. 11-501.2. Chemical and other tests.
10		(a) Upon the trial of any civil or criminal action or
11		proceeding arising out of an arrest for an offense as defined
12		in Section 11-501 or a similar local ordinance or proceedings
13		pursuant to Section 2-118.1, evidence of the concentration of
14		alcohol, other drug or drugs, or intoxicating compound or
15		compounds, or any combination thereof in a person's blood or
16		breath at the time alleged, as determined by analysis of the
17		person's blood, urine, breath or other bodily substance, shall
18		be admissible. Where such test is made the following provisions
19		shall apply:
20		1. Chemical analyses of the person's blood, urine,
21		breath or other bodily substance to be considered valid
22		under the provisions of this Section shall have been
23		performed according to standards promulgated by the
24		Department of State Police by a licensed physician,
25		registered nurse, trained phlebotomist acting under the
26		direction of a licensed physician, certified paramedic, or
27		other individual possessing a valid permit issued by that
28		Department for this purpose. The Director of State Police
29		is authorized to approve satisfactory techniques or
30		methods, to ascertain the qualifications and competence of
31		individuals to conduct such analyses, to issue permits
32		which shall be subject to termination or revocation at the
33		discretion of that Department and to certify the accuracy
34		of breath testing equipment. The Department of State Police
35		shall prescribe regulations as necessary to implement this

1		Section.
2		2. When a person in this State shall submit to a blood
3		test at the request of a law enforcement officer under the
4		provisions of Section 11-501.1, only a physician
5		authorized to practice medicine, a registered nurse,
6		trained phlebotomist, or certified paramedic, or other
7		qualified person approved by the Department of State Police
8		may withdraw blood for the purpose of determining the
9		alcohol, drug, or alcohol and drug content therein. This
10		limitation shall not apply to the taking of breath or urine
11		specimens.
12		When a blood test of a person who has been taken to an
13		adjoining state for medical treatment is requested by an
14		Illinois law enforcement officer, the blood may be
15		withdrawn only by a physician authorized to practice
16		medicine in the adjoining state, a registered nurse, a
17		trained phlebotomist acting under the direction of the
18		physician, or certified paramedic. The law enforcement
19		officer requesting the test shall take custody of the blood
20		sample, and the blood sample shall be analyzed by a
21		laboratory certified by the Department of State Police for
22		that purpose.
23		3. The person tested may have a physician, or a
24		qualified technician, chemist, registered nurse, or other
25		qualified person of their own choosing administer a
26		chemical test or tests in addition to any administered at
27		the direction of a law enforcement officer. The failure or
28		inability to obtain an additional test by a person shall
29		not preclude the admission of evidence relating to the test
30		or tests taken at the direction of a law enforcement
31		officer.
32		4. Upon the request of the person who shall submit to a
33		chemical test or tests at the request of a law enforcement
34		officer, full information concerning the test or tests
35		shall be made available to the person or such person's
36		attorney.

1		5. Alcohol concentration shall mean either grams of
2		alcohol per 100 milliliters of blood or grams of alcohol
3		per 210 liters of breath.
4		(b) Upon the trial of any civil or criminal action or
5		proceeding arising out of acts alleged to have been committed
6		by any person while driving or in actual physical control of a
7		vehicle while under the influence of alcohol, the concentration
8		of alcohol in the person's blood or breath at the time alleged
9		as shown by analysis of the person's blood, urine, breath, or
10		other bodily substance shall give rise to the following
11		presumptions:
12		1. If there was at that time an alcohol concentration
13		of 0.05 or less, it shall be presumed that the person was
14		not under the influence of alcohol.
15		2. If there was at that time an alcohol concentration
16		in excess of 0.05 but less than 0.06 0.08, such facts shall
17		not give rise to any presumption that the person was or was
18		not under the influence of alcohol, but such fact may be
19		considered with other competent evidence in determining
20		whether the person was under the influence of alcohol.
21		3. If there was at that time an alcohol concentration
22		of 0.06 0.08 or more, it shall be presumed that the person
23		was under the influence of alcohol.
24		4. The foregoing provisions of this Section shall not
25		be construed as limiting the introduction of any other
26		relevant evidence bearing upon the question whether the
27		person was under the influence of alcohol.
28		(c) 1. If a person under arrest refuses to submit to a
29		chemical test under the provisions of Section 11-501.1,
30		evidence of refusal shall be admissible in any civil or
31		criminal action or proceeding arising out of acts alleged to
32		have been committed while the person under the influence of
33		alcohol, other drug or drugs, or intoxicating compound or
34		compounds, or any combination thereof was driving or in actual
35		physical control of a motor vehicle.

1		2. Notwithstanding any ability to refuse under this
2		Code to submit to these tests or any ability to revoke the
3		implied consent to these tests, if a law enforcement
4		officer has probable cause to believe that a motor vehicle
5		driven by or in actual physical control of a person under
6		the influence of alcohol, other drug or drugs, or
7		intoxicating compound or compounds, or any combination
8		thereof has caused the death or personal injury to another,
9		that person shall submit, upon the request of a law
10		enforcement officer, to a chemical test or tests of his or
11		her blood, breath or urine for the purpose of determining
12		the alcohol content thereof or the presence of any other
13		drug or combination of both.
14		This provision does not affect the applicability of or
15		imposition of driver's license sanctions under Section
16		11-501.1 of this Code.
17		3. For purposes of this Section, a personal injury
18		includes any Type A injury as indicated on the traffic
19		accident report completed by a law enforcement officer that
20		requires immediate professional attention in either a
21		doctor's office or a medical facility. A Type A injury
22		includes severe bleeding wounds, distorted extremities,
23		and injuries that require the injured party to be carried
24		from the scene.
25		(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828,
26		eff. 1-1-01.)
27		(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
28		Sec. 11-501.6. Driver involvement in personal injury or
29		fatal motor vehicle accident - chemical test.
30		(a) Any person who drives or is in actual control of a
31		motor vehicle upon the public highways of this State and who
32		has been involved in a personal injury or fatal motor vehicle
33		accident, shall be deemed to have given consent to a breath
34		test using a portable device as approved by the Department of
35		State Police or to a chemical test or tests of blood, breath,

1		or urine for the purpose of determining the content of alcohol,
2		other drug or drugs, or intoxicating compound or compounds of
3		such person's blood if arrested as evidenced by the issuance of
4		a Uniform Traffic Ticket for any violation of the Illinois
5		Vehicle Code or a similar provision of a local ordinance, with
6		the exception of equipment violations contained in Chapter 12
7		of this Code, or similar provisions of local ordinances. The
8		test or tests shall be administered at the direction of the
9		arresting officer. The law enforcement agency employing the
10		officer shall designate which of the aforesaid tests shall be
11		administered. A urine test may be administered even after a
12		blood or breath test or both has been administered. Compliance
13		with this Section does not relieve such person from the
14		requirements of Section 11-501.1 of this Code.
15		(b) Any person who is dead, unconscious or who is otherwise
16		in a condition rendering such person incapable of refusal shall
17		be deemed not to have withdrawn the consent provided by
18		subsection (a) of this Section. In addition, if a driver of a
19		vehicle is receiving medical treatment as a result of a motor
20		vehicle accident, any physician licensed to practice medicine,
21		registered nurse or a phlebotomist acting under the direction
22		of a licensed physician shall withdraw blood for testing
23		purposes to ascertain the presence of alcohol, other drug or
24		drugs, or intoxicating compound or compounds, upon the specific
25		request of a law enforcement officer. However, no such testing
26		shall be performed until, in the opinion of the medical
27		personnel on scene, the withdrawal can be made without
28		interfering with or endangering the well-being of the patient.
29		(c) A person requested to submit to a test as provided
30		above shall be warned by the law enforcement officer requesting
31		the test that a refusal to submit to the test, or submission to
32		the test resulting in an alcohol concentration of 0.06 0.08 or
33		more, or any amount of a drug, substance, or intoxicating
34		compound resulting from the unlawful use or consumption of
35		cannabis, as covered by the Cannabis Control Act, a controlled
36		substance listed in the Illinois Controlled Substances Act, or

1		an intoxicating compound listed in the Use of Intoxicating
2		Compounds Act as detected in such person's blood or urine, may
3		result in the suspension of such person's privilege to operate
4		a motor vehicle. The length of the suspension shall be the same
5		as outlined in Section 6-208.1 of this Code regarding statutory
6		summary suspensions.
7		(d) If the person refuses testing or submits to a test
8		which discloses an alcohol concentration of 0.06 0.08 or more,
9		or any amount of a drug, substance, or intoxicating compound in
10		such person's blood or urine resulting from the unlawful use or
11		consumption of cannabis listed in the Cannabis Control Act, a
12		controlled substance listed in the Illinois Controlled
13		Substances Act, or an intoxicating compound listed in the Use
14		of Intoxicating Compounds Act, the law enforcement officer
15		shall immediately submit a sworn report to the Secretary of
16		State on a form prescribed by the Secretary, certifying that
17		the test or tests were requested pursuant to subsection (a) and
18		the person refused to submit to a test or tests or submitted to
19		testing which disclosed an alcohol concentration of 0.06 0.08
20		or more, or any amount of a drug, substance, or intoxicating
21		compound in such person's blood or urine, resulting from the
22		unlawful use or consumption of cannabis listed in the Cannabis
23		Control Act, a controlled substance listed in the Illinois
24		Controlled Substances Act, or an intoxicating compound listed
25		in the Use of Intoxicating Compounds Act.
26		Upon receipt of the sworn report of a law enforcement
27		officer, the Secretary shall enter the suspension to the
28		individual's driving record and the suspension shall be
29		effective on the 46th day following the date notice of the
30		suspension was given to the person.
31		The law enforcement officer submitting the sworn report
32		shall serve immediate notice of this suspension on the person
33		and such suspension shall be effective on the 46th day
34		following the date notice was given.
35		In cases where the blood alcohol concentration of 0.06 0.08
36		or more, or any amount of a drug, substance, or intoxicating

1		compound resulting from the unlawful use or consumption of
2		cannabis as listed in the Cannabis Control Act, a controlled
3		substance listed in the Illinois Controlled Substances Act, or
4		an intoxicating compound listed in the Use of Intoxicating
5		Compounds Act, is established by a subsequent analysis of blood
6		or urine collected at the time of arrest, the arresting officer
7		shall give notice as provided in this Section or by deposit in
8		the United States mail of such notice in an envelope with
9		postage prepaid and addressed to such person at his address as
10		shown on the Uniform Traffic Ticket and the suspension shall be
11		effective on the 46th day following the date notice was given.
12		Upon receipt of the sworn report of a law enforcement
13		officer, the Secretary shall also give notice of the suspension
14		to the driver by mailing a notice of the effective date of the
15		suspension to the individual. However, should the sworn report
16		be defective by not containing sufficient information or be
17		completed in error, the notice of the suspension shall not be
18		mailed to the person or entered to the driving record, but
19		rather the sworn report shall be returned to the issuing law
20		enforcement agency.
21		(e) A driver may contest this suspension of his driving
22		privileges by requesting an administrative hearing with the
23		Secretary in accordance with Section 2-118 of this Code. At the
24		conclusion of a hearing held under Section 2-118 of this Code,
25		the Secretary may rescind, continue, or modify the order of
26		suspension. If the Secretary does not rescind the order, a
27		restricted driving permit may be granted by the Secretary upon
28		application being made and good cause shown. A restricted
29		driving permit may be granted to relieve undue hardship to
30		allow driving for employment, educational, and medical
31		purposes as outlined in Section 6-206 of this Code. The
32		provisions of Section 6-206 of this Code shall apply.
33		(f) (Blank).
34		(g) For the purposes of this Section, a personal injury
35		shall include any type A injury as indicated on the traffic
36		accident report completed by a law enforcement officer that

1		requires immediate professional attention in either a doctor's
2		office or a medical facility. A type A injury shall include
3		severely bleeding wounds, distorted extremities, and injuries
4		that require the injured party to be carried from the scene.
5		(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-357,
6		eff. 7-29-99; 91-828, eff. 1-1-01.)
7		(625 ILCS 5/11-501.8)
8		Sec. 11-501.8. Suspension of driver's license; persons
9		under age 21.
10		(a) A person who is less than 21 years of age and who
11		drives or is in actual physical control of a motor vehicle upon
12		the public highways of this State shall be deemed to have given
13		consent to a chemical test or tests of blood, breath, or urine
14		for the purpose of determining the alcohol content of the
15		person's blood if arrested, as evidenced by the issuance of a
16		Uniform Traffic Ticket for any violation of the Illinois
17		Vehicle Code or a similar provision of a local ordinance, if a
18		police officer has probable cause to believe that the driver
19		has consumed any amount of an alcoholic beverage based upon
20		evidence of the driver's physical condition or other first hand
21		knowledge of the police officer. The test or tests shall be
22		administered at the direction of the arresting officer. The law
23		enforcement agency employing the officer shall designate which
24		of the aforesaid tests shall be administered. A urine test may
25		be administered even after a blood or breath test or both has
26		been administered.
27		(b) A person who is dead, unconscious, or who is otherwise
28		in a condition rendering that person incapable of refusal,
29		shall be deemed not to have withdrawn the consent provided by
30		paragraph (a) of this Section and the test or tests may be
31		administered subject to the following provisions:
32		(i) Chemical analysis of the person's blood, urine,
33		breath, or other bodily substance, to be considered valid
34		under the provisions of this Section, shall have been
35		performed according to standards promulgated by the

1		Department of State Police by an individual possessing a
2		valid permit issued by that Department for this purpose.
3		The Director of State Police is authorized to approve
4		satisfactory techniques or methods, to ascertain the
5		qualifications and competence of individuals to conduct
6		analyses, to issue permits that shall be subject to
7		termination or revocation at the direction of that
8		Department, and to certify the accuracy of breath testing
9		equipment. The Department of State Police shall prescribe
10		regulations as necessary.
11		(ii) When a person submits to a blood test at the
12		request of a law enforcement officer under the provisions
13		of this Section, only a physician authorized to practice
14		medicine, a registered nurse, or other qualified person
15		trained in venipuncture and acting under the direction of a
16		licensed physician may withdraw blood for the purpose of
17		determining the alcohol content therein. This limitation
18		does not apply to the taking of breath or urine specimens.
19		(iii) The person tested may have a physician, qualified
20		technician, chemist, registered nurse, or other qualified
21		person of his or her own choosing administer a chemical
22		test or tests in addition to any test or tests administered
23		at the direction of a law enforcement officer. The failure
24		or inability to obtain an additional test by a person shall
25		not preclude the consideration of the previously performed
26		chemical test.
27		(iv) Upon a request of the person who submits to a
28		chemical test or tests at the request of a law enforcement
29		officer, full information concerning the test or tests
30		shall be made available to the person or that person's
31		attorney.
32		(v) Alcohol concentration means either grams of
33		alcohol per 100 milliliters of blood or grams of alcohol
34		per 210 liters of breath.
35		(vi) If a driver is receiving medical treatment as a
36		result of a motor vehicle accident, a physician licensed to

1		practice medicine, registered nurse, or other qualified
2		person trained in venipuncture and acting under the
3		direction of a licensed physician shall withdraw blood for
4		testing purposes to ascertain the presence of alcohol upon
5		the specific request of a law enforcement officer. However,
6		that testing shall not be performed until, in the opinion
7		of the medical personnel on scene, the withdrawal can be
8		made without interfering with or endangering the
9		well-being of the patient.
10		(c) A person requested to submit to a test as provided
11		above shall be warned by the law enforcement officer requesting
12		the test that a refusal to submit to the test, or submission to
13		the test resulting in an alcohol concentration of more than
14		0.00, may result in the loss of that person's privilege to
15		operate a motor vehicle. The loss of driving privileges shall
16		be imposed in accordance with Section 6-208.2 of this Code.
17		(d) If the person refuses testing or submits to a test that
18		discloses an alcohol concentration of more than 0.00, the law
19		enforcement officer shall immediately submit a sworn report to
20		the Secretary of State on a form prescribed by the Secretary of
21		State, certifying that the test or tests were requested under
22		subsection (a) and the person refused to submit to a test or
23		tests or submitted to testing which disclosed an alcohol
24		concentration of more than 0.00. The law enforcement officer
25		shall submit the same sworn report when a person under the age
26		of 21 submits to testing under Section 11-501.1 of this Code
27		and the testing discloses an alcohol concentration of more than
28		0.00 and less than 0.06 0.08.
29		Upon receipt of the sworn report of a law enforcement
30		officer, the Secretary of State shall enter the driver's
31		license sanction on the individual's driving record and the
32		sanctions shall be effective on the 46th day following the date
33		notice of the sanction was given to the person. If this
34		sanction is the individual's first driver's license suspension
35		under this Section, reports received by the Secretary of State
36		under this Section shall, except during the time the suspension

1		is in effect, be privileged information and for use only by the
2		courts, police officers, prosecuting authorities, the
3		Secretary of State, or the individual personally.
4		The law enforcement officer submitting the sworn report
5		shall serve immediate notice of this driver's license sanction
6		on the person and the sanction shall be effective on the 46th
7		day following the date notice was given.
8		In cases where the blood alcohol concentration of more than
9		0.00 is established by a subsequent analysis of blood or urine,
10		the police officer or arresting agency shall give notice as
11		provided in this Section or by deposit in the United States
12		mail of that notice in an envelope with postage prepaid and
13		addressed to that person at his last known address and the loss
14		of driving privileges shall be effective on the 46th day
15		following the date notice was given.
16		Upon receipt of the sworn report of a law enforcement
17		officer, the Secretary of State shall also give notice of the
18		driver's license sanction to the driver by mailing a notice of
19		the effective date of the sanction to the individual. However,
20		should the sworn report be defective by not containing
21		sufficient information or be completed in error, the notice of
22		the driver's license sanction may not be mailed to the person
23		or entered to the driving record, but rather the sworn report
24		shall be returned to the issuing law enforcement agency.
25		(e) A driver may contest this driver's license sanction by
26		requesting an administrative hearing with the Secretary of
27		State in accordance with Section 2-118 of this Code. An
28		individual whose blood alcohol concentration is shown to be
29		more than 0.00 is not subject to this Section if he or she
30		consumed alcohol in the performance of a religious service or
31		ceremony. An individual whose blood alcohol concentration is
32		shown to be more than 0.00 shall not be subject to this Section
33		if the individual's blood alcohol concentration resulted only
34		from ingestion of the prescribed or recommended dosage of
35		medicine that contained alcohol. The petition for that hearing
36		shall not stay or delay the effective date of the impending

1		suspension. The scope of this hearing shall be limited to the
2		issues of:
3		(1) whether the police officer had probable cause to
4		believe that the person was driving or in actual physical
5		control of a motor vehicle upon the public highways of the
6		State and the police officer had reason to believe that the
7		person was in violation of any provision of the Illinois
8		Vehicle Code or a similar provision of a local ordinance;
9		and
10		(2) whether the person was issued a Uniform Traffic
11		Ticket for any violation of the Illinois Vehicle Code or a
12		similar provision of a local ordinance; and
13		(3) whether the police officer had probable cause to
14		believe that the driver had consumed any amount of an
15		alcoholic beverage based upon the driver's physical
16		actions or other first-hand knowledge of the police
17		officer; and
18		(4) whether the person, after being advised by the
19		officer that the privilege to operate a motor vehicle would
20		be suspended if the person refused to submit to and
21		complete the test or tests, did refuse to submit to or
22		complete the test or tests to determine the person's
23		alcohol concentration; and
24		(5) whether the person, after being advised by the
25		officer that the privileges to operate a motor vehicle
26		would be suspended if the person submits to a chemical test
27		or tests and the test or tests disclose an alcohol
28		concentration of more than 0.00, did submit to and complete
29		the test or tests that determined an alcohol concentration
30		of more than 0.00; and
31		(6) whether the test result of an alcohol concentration
32		of more than 0.00 was based upon the person's consumption
33		of alcohol in the performance of a religious service or
34		ceremony; and
35		(7) whether the test result of an alcohol concentration
36		of more than 0.00 was based upon the person's consumption

1		of alcohol through ingestion of the prescribed or
2		recommended dosage of medicine.
3		Provided that the petitioner may subpoena the officer, the
4		hearing may be conducted upon a review of the law enforcement
5		officer's own official reports. Failure of the officer to
6		answer the subpoena shall be grounds for a continuance if, in
7		the hearing officer's discretion, the continuance is
8		appropriate. At the conclusion of the hearing held under
9		Section 2-118 of this Code, the Secretary of State may rescind,
10		continue, or modify the driver's license sanction. If the
11		Secretary of State does not rescind the sanction, a restricted
12		driving permit may be granted by the Secretary of State upon
13		application being made and good cause shown. A restricted
14		driving permit may be granted to relieve undue hardship by
15		allowing driving for employment, educational, and medical
16		purposes as outlined in item (3) of part (c) of Section 6-206
17		of this Code. The provisions of item (3) of part (c) of Section
18		6-206 of this Code shall apply. The Secretary of State shall
19		promulgate rules providing for participation in an alcohol
20		education and awareness program or activity, a drug education
21		and awareness program or activity, or both as a condition to
22		the issuance of a restricted driving permit for suspensions
23		imposed under this Section.
24		(f) The results of any chemical testing performed in
25		accordance with subsection (a) of this Section are not
26		admissible in any civil or criminal proceeding, except that the
27		results of the testing may be considered at a hearing held
28		under Section 2-118 of this Code. However, the results of the
29		testing may not be used to impose driver's license sanctions
30		under Section 11-501.1 of this Code. A law enforcement officer
31		may, however, pursue a statutory summary suspension of driving
32		privileges under Section 11-501.1 of this Code if other
33		physical evidence or first hand knowledge forms the basis of
34		that suspension.
35		(g) This Section applies only to drivers who are under age
36		21 at the time of the issuance of a Uniform Traffic Ticket for

1		a violation of the Illinois Vehicle Code or a similar provision
2		of a local ordinance, and a chemical test request is made under
3		this Section.
4		(h) The action of the Secretary of State in suspending,
5		revoking, or denying any license, permit, registration, or
6		certificate of title shall be subject to judicial review in the
7		Circuit Court of Sangamon County or in the Circuit Court of
8		Cook County, and the provisions of the Administrative Review
9		Law and its rules are hereby adopted and shall apply to and
10		govern every action for the judicial review of final acts or
11		decisions of the Secretary of State under this Section.
12		(Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99; 91-828,
13		eff. 1-1-01.)

14		Section 10. The Snowmobile Registration and Safety Act is
15		amended by changing Section 5-7.1 as follows:
16		(625 ILCS 40/5-7.1)
17		Sec. 5-7.1. Implied consent.
18		(a) A person who operates or is in actual physical control
19		of a snowmobile in this State is deemed to have given consent
20		to a chemical test or tests of blood, breath, or urine for the
21		purpose of determining the content of alcohol, other drug or
22		drugs, intoxicating compound or compounds, or a combination of
23		them in that person's blood if arrested for a violation of
24		Section 5-7. The chemical test or tests shall be administered
25		at the direction of the arresting officer. The law enforcement
26		agency employing the officer shall designate which tests shall
27		be administered. A urine test may be administered even after a
28		blood or breath test or both has been administered.
29		(a-1) For the purposes of this Section, an Illinois law
30		enforcement officer of this State who is investigating the
31		person for any offense defined in Section 5-7 may travel into
32		an adjoining state, where the person has been transported for
33		medical care to complete an investigation and to request that
34		the person submit to the test or tests set forth in this

1		Section. The requirements of this Section that the person be
2		arrested are inapplicable, but the officer shall issue the
3		person a uniform citation for an offense as defined in Section
4		5-7 or a similar provision of a local ordinance prior to
5		requesting that the person submit to the test or tests. The
6		issuance of the uniform citation shall not constitute an
7		arrest, but shall be for the purpose of notifying the person
8		that he or she is subject to the provisions of this Section and
9		of the officer's belief of the existence of probable cause to
10		arrest. Upon returning to this State, the officer shall file
11		the uniform citation with the circuit clerk of the county where
12		the offense was committed and shall seek the issuance of an
13		arrest warrant or a summons for the person.
14		(a-2) Notwithstanding any ability to refuse under this Act
15		to submit to these tests or any ability to revoke the implied
16		consent to these tests, if a law enforcement officer has
17		probable cause to believe that a snowmobile operated by or
18		under actual physical control of a person under the influence
19		of alcohol, other drug or drugs, intoxicating compound or
20		compounds, or any combination of them has caused the death or
21		personal injury to another, that person shall submit, upon the
22		request of a law enforcement officer, to a chemical test or
23		tests of his or her blood, breath, or urine for the purpose of
24		determining the alcohol content or the presence of any other
25		drug or combination of both. For the purposes of this Section,
26		a personal injury includes severe bleeding wounds, distorted
27		extremities, and injuries that require the injured party to be
28		carried from the scene for immediate professional attention in
29		either a doctor's office or a medical facility.
30		(b) A person who is dead, unconscious, or who is otherwise
31		in a condition rendering that person incapable of refusal, is
32		deemed not to have withdrawn the consent provided in subsection
33		(a), and the test or tests may be administered.
34		(c) A person requested to submit to a test as provided in
35		this Section shall be verbally advised by the law enforcement
36		officer requesting the test that a refusal to submit to the

1		test will result in suspension of that person's privilege to
2		operate a snowmobile for a minimum of 2 years.
3		(d) Following this warning, if a person under arrest
4		refuses upon the request of a law enforcement officer to submit
5		to a test designated by the officer, no tests may be given, but
6		the law enforcement officer shall file with the clerk of the
7		circuit court for the county in which the arrest was made, and
8		with the Department of Natural Resources, a sworn statement
9		naming the person refusing to take and complete the chemical
10		test or tests requested under the provisions of this Section.
11		The sworn statement shall identify the arrested person, the
12		person's current residence address and shall specify that a
13		refusal by that person to take the chemical test or tests was
14		made. The sworn statement shall include a statement that the
15		officer had reasonable cause to believe the person was
16		operating or was in actual physical control of the snowmobile
17		within this State while under the influence of alcohol, other
18		drug or drugs, an intoxicating compound or compound, or a
19		combination of them and that a chemical test or tests were
20		requested as an incident to and following the lawful arrest for
21		an offense as defined in Section 5-7 or a similar provision of
22		a local ordinance, and that the person, after being arrested
23		for an offense arising out of acts alleged to have been
24		committed while operating a snowmobile, refused to submit to
25		and complete a chemical test or tests as requested by the law
26		enforcement officer.
27		(e) The law enforcement officer submitting the sworn
28		statement shall serve immediate written notice upon the person
29		refusing the chemical test or tests that the person's privilege
30		to operate a snowmobile within this State will be suspended for
31		a period of 2 years unless, within 28 days from the date of the
32		notice, the person requests in writing a hearing on the
33		suspension.
34		If the person desires a hearing, the person shall file a
35		complaint in the circuit court in the county where that person
36		was arrested within 28 days from the date of the notice. The

1		hearing shall proceed in the court in the same manner as other
2		civil proceedings. The hearing shall cover only the following
3		issues: (1) whether the person was placed under arrest for an
4		offense as defined in Section 5-7 or a similar provision of a
5		local ordinance as evidenced by the issuance of a uniform
6		citation; (2) whether the arresting officer had reasonable
7		grounds to believe that the person was operating a snowmobile
8		while under the influence of alcohol, other drug or drugs, an
9		intoxicating compound or compounds, or a combination of them;
10		and (3) whether that person refused to submit to and complete
11		the chemical test or tests upon the request of the law
12		enforcement officer. Whether the person was informed that the
13		person's privilege to operate a snowmobile would be suspended
14		if that person refused to submit to the chemical test or tests
15		may not be an issue in the hearing.
16		If the person fails to request a hearing in writing within
17		28 days of the date of the notice, or if a hearing is held and
18		the court finds against the person on the issues before the
19		court, the clerk shall immediately notify the Department of
20		Natural Resources, and the Department shall suspend the
21		snowmobile operation privileges of that person for at least 2
22		years.
23		(f) (Blank).
24		(f-1) If the person submits to a test that discloses an
25		alcohol concentration of 0.06 0.08 or more, or any amount of a
26		drug, substance, or intoxicating compound in the person's
27		breath, blood, or urine resulting from the unlawful use of
28		cannabis listed in the Cannabis Control Act, a controlled
29		substance listed in the Illinois Controlled Substances Act, or
30		an intoxicating compound listed in the Use of Intoxicating
31		Compounds Act, the law enforcement officer shall immediately
32		submit a sworn report to the circuit clerk of venue and the
33		Department of Natural Resources, certifying that the test or
34		tests was or were requested under subsection (a-1) of this
35		Section and the person submitted to testing that disclosed an
36		alcohol concentration of 0.06 0.08 or more.

1		In cases where the blood alcohol concentration of 0.06 0.08
2		or greater or any amount of drug, substance, or compound
3		resulting from the unlawful use of cannabis, a controlled
4		substance, or an intoxicating compound is established by a
5		subsequent analysis of blood or urine collected at the time of
6		arrest, the arresting officer or arresting agency shall
7		immediately submit a sworn report to the circuit clerk of venue
8		and the Department of Natural Resources upon receipt of the
9		test results.
10		(g) A person must submit to each chemical test offered by
11		the law enforcement officer in order to comply with implied
12		consent provisions of this Section.
13		(h) The provision of Section 11-501.2 of the Illinois
14		Vehicle Code concerning the certification and use of chemical
15		tests applies to the use of those tests under this Section.
16		(Source: P.A. 93-156, eff. 1-1-04.)

17		Section 15. The Boat Registration and Safety Act is amended
18		by changing Section 5-16 as follows:
19		(625 ILCS 45/5-16)
20		Sec. 5-16. Operating a watercraft under the influence of
21		alcohol, other drug or drugs, intoxicating compound or
22		compounds, or combination thereof.
23		(A) 1. A person shall not operate or be in actual physical
24		control of any watercraft within this State while:
25		(a) The alcohol concentration in such person's
26		blood or breath is a concentration at which driving a
27		motor vehicle is prohibited under subdivision (1) of
28		subsection (a) of Section 11-501 of the Illinois
29		Vehicle Code;
30		(b) Under the influence of alcohol;
31		(c) Under the influence of any other drug or
32		combination of drugs to a degree which renders such
33		person incapable of safely operating any watercraft;
34		(c-1) Under the influence of any intoxicating

1		compound or combination of intoxicating compounds to a
2		degree that renders the person incapable of safely
3		operating any watercraft;
4		(d) Under the combined influence of alcohol and any
5		other drug or drugs to a degree which renders such
6		person incapable of safely operating a watercraft; or
7		(e) There is any amount of a drug, substance, or
8		compound in the person's blood or urine resulting from
9		the unlawful use or consumption of cannabis listed in
10		the Cannabis Control Act, a controlled substance
11		listed in the Illinois Controlled Substances Act, or an
12		intoxicating compound listed in the Use of
13		Intoxicating Compounds Act.
14		2. The fact that any person charged with violating this
15		Section is or has been legally entitled to use alcohol,
16		other drug or drugs, any intoxicating compound or
17		compounds, or any combination of them, shall not constitute
18		a defense against any charge of violating this Section.
19		3. Every person convicted of violating this Section
20		shall be guilty of a Class A misdemeanor, except as
21		otherwise provided in this Section.
22		4. Every person convicted of violating this Section
23		shall be guilty of a Class 4 felony if:
24		(a) He has a previous conviction under this
25		Section;
26		(b) The offense results in personal injury where a
27		person other than the operator suffers great bodily
28		harm or permanent disability or disfigurement, when
29		the violation was a proximate cause of the injuries. A
30		person guilty of a Class 4 felony under this
31		subparagraph (b), if sentenced to a term of
32		imprisonment, shall be sentenced to a term of not less
33		than one year nor more than 12 years; or
34		(c) The offense occurred during a period in which
35		his or her privileges to operate a watercraft are
36		revoked or suspended, and the revocation or suspension

1		was for a violation of this Section or was imposed
2		under subsection (B).
3		5. Every person convicted of violating this Section
4		shall be guilty of a Class 2 felony if the offense results
5		in the death of a person. A person guilty of a Class 2
6		felony under this paragraph 5, if sentenced to a term of
7		imprisonment, shall be sentenced to a term of not less than
8		3 years and not more than 14 years.
9		5.1. A person convicted of violating this Section or a
10		similar provision of a local ordinance who had a child
11		under the age of 16 aboard the watercraft at the time of
12		offense is subject to a mandatory minimum fine of $500 and
13		to a mandatory minimum of 5 days of community service in a
14		program benefiting children. The assignment under this
15		paragraph 5.1 is not subject to suspension and the person
16		is not eligible for probation in order to reduce the
17		assignment.
18		5.2. A person found guilty of violating this Section,
19		if his or her operation of a watercraft while in violation
20		of this Section proximately caused any incident resulting
21		in an appropriate emergency response, is liable for the
22		expense of an emergency response as provided under Section
23		5-5-3 of the Unified Code of Corrections.
24		5.3. In addition to any other penalties and
25		liabilities, a person who is found guilty of violating this
26		Section, including any person placed on court supervision,
27		shall be fined $100, payable to the circuit clerk, who
28		shall distribute the money to the law enforcement agency
29		that made the arrest. In the event that more than one
30		agency is responsible for the arrest, the $100 shall be
31		shared equally. Any moneys received by a law enforcement
32		agency under this paragraph 5.3 shall be used to purchase
33		law enforcement equipment or to provide law enforcement
34		training that will assist in the prevention of alcohol
35		related criminal violence throughout the State. Law
36		enforcement equipment shall include, but is not limited to,

1		in-car video cameras, radar and laser speed detection
2		devices, and alcohol breath testers.
3		6. (a) In addition to any criminal penalties imposed,
4		the Department of Natural Resources shall suspend the
5		watercraft operation privileges of any person
6		convicted or found guilty of a misdemeanor under this
7		Section for a period of one year, except that a first
8		time offender is exempt from this mandatory one year
9		suspension.
10		(b) In addition to any criminal penalties imposed,
11		the Department of Natural Resources shall suspend the
12		watercraft operation privileges of any person
13		convicted of a felony under this Section for a period
14		of 3 years.
15		(B) 1. Any person who operates or is in actual physical
16		control of any watercraft upon the waters of this State
17		shall be deemed to have given consent to a chemical test or
18		tests of blood, breath or urine for the purpose of
19		determining the content of alcohol, other drug or drugs,
20		intoxicating compound or compounds, or combination thereof
21		in the person's blood if arrested for any offense of
22		subsection (A) above. The chemical test or tests shall be
23		administered at the direction of the arresting officer. The
24		law enforcement agency employing the officer shall
25		designate which of the tests shall be administered. A urine
26		test may be administered even after a blood or breath test
27		or both has been administered.
28		1.1. For the purposes of this Section, an Illinois Law
29		Enforcement officer of this State who is investigating the
30		person for any offense defined in Section 5-16 may travel
31		into an adjoining state, where the person has been
32		transported for medical care to complete an investigation,
33		and may request that the person submit to the test or tests
34		set forth in this Section. The requirements of this Section
35		that the person be arrested are inapplicable, but the
36		officer shall issue the person a uniform citation for an

1		offense as defined in Section 5-16 or a similar provision
2		of a local ordinance prior to requesting that the person
3		submit to the test or tests. The issuance of the uniform
4		citation shall not constitute an arrest, but shall be for
5		the purpose of notifying the person that he or she is
6		subject to the provisions of this Section and of the
7		officer's belief in the existence of probable cause to
8		arrest. Upon returning to this State, the officer shall
9		file the uniform citation with the circuit clerk of the
10		county where the offense was committed and shall seek the
11		issuance of an arrest warrant or a summons for the person.
12		1.2. Notwithstanding any ability to refuse under this
13		Act to submit to these tests or any ability to revoke the
14		implied consent to these tests, if a law enforcement
15		officer has probable cause to believe that a watercraft
16		operated by or under actual physical control of a person
17		under the influence of alcohol, other drug or drugs,
18		intoxicating compound or compounds, or any combination of
19		them has caused the death of or personal injury to another,
20		that person shall submit, upon the request of a law
21		enforcement officer, to a chemical test or tests of his or
22		her blood, breath, or urine for the purpose of determining
23		the alcohol content or the presence of any other drug,
24		intoxicating compound, or combination of them. For the
25		purposes of this Section, a personal injury includes severe
26		bleeding wounds, distorted extremities, and injuries that
27		require the injured party to be carried from the scene for
28		immediate professional attention in either a doctor's
29		office or a medical facility.
30		2. Any person who is dead, unconscious or who is
31		otherwise in a condition rendering such person incapable of
32		refusal, shall be deemed not to have withdrawn the consent
33		provided above, and the test may be administered.
34		3. A person requested to submit to a chemical test as
35		provided above shall be verbally advised by the law
36		enforcement officer requesting the test that a refusal to

1		submit to the test will result in suspension of such
2		person's privilege to operate a watercraft for a minimum of
3		2 years. Following this warning, if a person under arrest
4		refuses upon the request of a law enforcement officer to
5		submit to a test designated by the officer, no test shall
6		be given, but the law enforcement officer shall file with
7		the clerk of the circuit court for the county in which the
8		arrest was made, and with the Department of Natural
9		Resources, a sworn statement naming the person refusing to
10		take and complete the chemical test or tests requested
11		under the provisions of this Section. Such sworn statement
12		shall identify the arrested person, such person's current
13		residence address and shall specify that a refusal by such
14		person to take the chemical test or tests was made. Such
15		sworn statement shall include a statement that the
16		arresting officer had reasonable cause to believe the
17		person was operating or was in actual physical control of
18		the watercraft within this State while under the influence
19		of alcohol, other drug or drugs, intoxicating compound or
20		compounds, or combination thereof and that such chemical
21		test or tests were made as an incident to and following the
22		lawful arrest for an offense as defined in this Section or
23		a similar provision of a local ordinance, and that the
24		person after being arrested for an offense arising out of
25		acts alleged to have been committed while so operating a
26		watercraft refused to submit to and complete a chemical
27		test or tests as requested by the law enforcement officer.
28		3.1. The law enforcement officer submitting the sworn
29		statement as provided in paragraph 3 of this subsection (B)
30		shall serve immediate written notice upon the person
31		refusing the chemical test or tests that the person's
32		privilege to operate a watercraft within this State will be
33		suspended for a period of 2 years unless, within 28 days
34		from the date of the notice, the person requests in writing
35		a hearing on the suspension.
36		If the person desires a hearing, such person shall file

1		a complaint in the circuit court for and in the county in
2		which such person was arrested for such hearing. Such
3		hearing shall proceed in the court in the same manner as
4		other civil proceedings, shall cover only the issues of
5		whether the person was placed under arrest for an offense
6		as defined in this Section or a similar provision of a
7		local ordinance as evidenced by the issuance of a uniform
8		citation; whether the arresting officer had reasonable
9		grounds to believe that such person was operating a
10		watercraft while under the influence of alcohol, other drug
11		or drugs, intoxicating compound or compounds, or
12		combination thereof; and whether such person refused to
13		submit and complete the chemical test or tests upon the
14		request of the law enforcement officer. Whether the person
15		was informed that such person's privilege to operate a
16		watercraft would be suspended if such person refused to
17		submit to the chemical test or tests shall not be an issue.
18		If the person fails to request in writing a hearing
19		within 28 days from the date of notice, or if a hearing is
20		held and the court finds against the person on the issues
21		before the court, the clerk shall immediately notify the
22		Department of Natural Resources, and the Department shall
23		suspend the watercraft operation privileges of the person
24		for at least 2 years.
25		3.2. If the person submits to a test that discloses an
26		alcohol concentration of 0.06 0.08 or more, or any amount
27		of a drug, substance or intoxicating compound in the
28		person's breath, blood, or urine resulting from the
29		unlawful use of cannabis listed in the Cannabis Control
30		Act, a controlled substance listed in the Illinois
31		Controlled Substances Act, or an intoxicating compound
32		listed in the Use of Intoxicating Compounds Act, the law
33		enforcement officer shall immediately submit a sworn
34		report to the circuit clerk of venue and the Department of
35		Natural Resources, certifying that the test or tests were
36		requested under paragraph 1 of this subsection (B) and the

1		person submitted to testing that disclosed an alcohol
2		concentration of 0.06 0.08 or more.
3		In cases where the blood alcohol concentration of 0.06
4		0.08 or greater or any amount of drug, substance or
5		compound resulting from the unlawful use of cannabis, a
6		controlled substance or an intoxicating compound is
7		established by a subsequent analysis of blood or urine
8		collected at the time of arrest, the arresting officer or
9		arresting agency shall immediately submit a sworn report to
10		the circuit clerk of venue and the Department of Natural
11		Resources upon receipt of the test results.
12		4. A person must submit to each chemical test offered
13		by the law enforcement officer in order to comply with the
14		implied consent provisions of this Section.
15		5. The provisions of Section 11-501.2 of the Illinois
16		Vehicle Code, as amended, concerning the certification and
17		use of chemical tests apply to the use of such tests under
18		this Section.
19		(C) Upon the trial of any civil or criminal action or
20		proceeding arising out of acts alleged to have been committed
21		by any person while operating a watercraft while under the
22		influence of alcohol, the concentration of alcohol in the
23		person's blood or breath at the time alleged as shown by
24		analysis of a person's blood, urine, breath, or other bodily
25		substance shall give rise to the presumptions specified in
26		subdivisions 1, 2, and 3 of subsection (b) of Section 11-501.2
27		of the Illinois Vehicle Code. The foregoing provisions of this
28		subsection (C) shall not be construed as limiting the
29		introduction of any other relevant evidence bearing upon the
30		question whether the person was under the influence of alcohol.
31		(D) If a person under arrest refuses to submit to a
32		chemical test under the provisions of this Section, evidence of
33		refusal shall be admissible in any civil or criminal action or
34		proceeding arising out of acts alleged to have been committed
35		while the person under the influence of alcohol, other drug or
36		drugs, intoxicating compound or compounds, or combination of

1		them was operating a watercraft.
2		(E) The owner of any watercraft or any person given
3		supervisory authority over a watercraft, may not knowingly
4		permit a watercraft to be operated by any person under the
5		influence of alcohol, other drug or drugs, intoxicating
6		compound or compounds, or combination thereof.
7		(F) Whenever any person is convicted or found guilty of a
8		violation of this Section, including any person placed on court
9		supervision, the court shall notify the Office of Law
10		Enforcement of the Department of Natural Resources, to provide
11		the Department with the records essential for the performance
12		of the Department's duties to monitor and enforce any order of
13		suspension or revocation concerning the privilege to operate a
14		watercraft.
15		(G) No person who has been arrested and charged for
16		violating paragraph 1 of subsection (A) of this Section shall
17		operate any watercraft within this State for a period of 24
18		hours after such arrest.
19		(Source: P.A. 92-615, eff. 1-1-03; 93-156, eff. 1-1-04.)

Section 99. Effective date. This Act takes effect upon becoming law.