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Rep. Pamela Reaves-Harris
Filed: 4/20/2015
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1 | | AMENDMENT TO HOUSE BILL 2555
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2 | | AMENDMENT NO. ______. Amend House Bill 2555, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Illinois Vehicle Code is amended by |
6 | | changing Sections 2-118, 2-118.1, 6-106.1a, 6-208.1, 6-514, |
7 | | 6-517, 11-401, 11-500, 11-500.1, 11-501, 11-501.1, 11-501.2, |
8 | | 11-501.4, 11-501.4-1, 11-501.6, 11-501.8, and 11-507 as |
9 | | follows:
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10 | | (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
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11 | | Sec. 2-118. Hearings.
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12 | | (a) Upon the suspension, revocation or denial of
the |
13 | | issuance of a license, permit, registration or certificate of |
14 | | title
under this Code of any person the Secretary of State |
15 | | shall immediately
notify such person in writing and upon his |
16 | | written request shall, within 20
days after receipt thereof, |
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1 | | set a date for a hearing to commence within 90
calendar days |
2 | | from the date of the written request for all requests related |
3 | | to
a suspension, revocation, or the denial of the issuance of a |
4 | | license, permit,
registration, or certificate of title |
5 | | occurring after July 1, 2002, in the
County of
Sangamon, the |
6 | | County of Jefferson, or the County of Cook, as such
person may |
7 | | specify, unless both
parties agree that such hearing may be |
8 | | held in some other county.
The Secretary may require the |
9 | | payment of a fee of not more than $50 for the
filing of any |
10 | | petition, motion, or request for hearing conducted pursuant to
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11 | | this Section. These fees must be deposited into the Secretary |
12 | | of State DUI
Administration Fund, a special fund created in the |
13 | | State treasury, and, subject
to appropriation and as directed |
14 | | by the Secretary of State, shall be used for
operation of the |
15 | | Department of Administrative Hearings of the Office of the
|
16 | | Secretary of
State
and for no other purpose. The
Secretary |
17 | | shall establish by rule the amount and the procedures, terms, |
18 | | and
conditions relating to these fees.
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19 | | (b) At any time after the suspension, revocation or denial |
20 | | of a license,
permit, registration or certificate of title of |
21 | | any person as
hereinbefore referred to, the Secretary of State, |
22 | | in his or her discretion
and
without the necessity of a request |
23 | | by such person, may hold such a hearing,
upon not less than 10 |
24 | | days' notice in writing, in the Counties of Sangamon,
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25 | | Jefferson,
or Cook or in any other county agreed to by the |
26 | | parties.
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1 | | (c) Upon any such hearing, the Secretary of State, or his |
2 | | authorized
agent may administer oaths and issue subpoenas for |
3 | | the attendance of
witnesses and the production of relevant |
4 | | books and records and may require
an examination of such |
5 | | person. Upon any such hearing, the Secretary of
State shall |
6 | | either rescind or, good cause appearing therefor, continue,
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7 | | change or extend the Order of Revocation or Suspension, or upon |
8 | | petition
therefore and subject to the provisions of this Code, |
9 | | issue a restricted
driving permit or reinstate the license or |
10 | | permit of such person.
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11 | | (d) All hearings and hearing procedures shall comply with |
12 | | requirements
of the Constitution, so that no person is deprived |
13 | | of due process of law
nor denied equal protection of the laws. |
14 | | All hearings shall be held before
the Secretary of State or |
15 | | before such persons as may be designated by the
Secretary of |
16 | | State and appropriate records of such hearings shall be kept.
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17 | | Where a transcript of the hearing is taken, the person |
18 | | requesting the
hearing shall have the opportunity to order a |
19 | | copy thereof at his own
expense.
The Secretary of State shall |
20 | | enter an order upon any hearing conducted
under this Section, |
21 | | related to a suspension, revocation, or the denial of
the |
22 | | issuance of a license, permit, registration, or certificate of |
23 | | title
occurring after July 1, 2002, within 90 days of its |
24 | | conclusion and shall
immediately notify the person in writing |
25 | | of his or her action.
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26 | | (d-5) Any hearing over which the Secretary of State has |
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1 | | jurisdiction because of a person's implied consent to testing |
2 | | of the person's blood, breath, other bodily substance, or urine |
3 | | for the presence of alcohol, drugs, or intoxicating compounds |
4 | | may be conducted upon a review of the official police reports. |
5 | | Either party, however, may subpoena the arresting officer and |
6 | | any other law enforcement officer who was involved in the |
7 | | petitioner's arrest or processing after arrest, as well as any |
8 | | other person whose testimony may be probative to the issues at |
9 | | the hearing. The failure of a law enforcement officer to answer |
10 | | the subpoena shall be considered grounds for a continuance if, |
11 | | in the hearing officer's discretion, the continuance is |
12 | | appropriate. The failure of the arresting officer to answer a |
13 | | subpoena shall not, in and of itself, be considered grounds for |
14 | | the rescission of an implied consent suspension. Rather, the |
15 | | hearing shall proceed on the basis of the other evidence |
16 | | available, and the hearing officer shall assign this evidence |
17 | | whatever probative value is deemed appropriate. The decision |
18 | | whether to rescind shall be based upon the totality of the |
19 | | evidence.
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20 | | (e) The action of the
Secretary of State in suspending, |
21 | | revoking or denying any license, permit,
registration, or |
22 | | certificate of title shall be subject to judicial review
in the
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23 | | Circuit Court of Sangamon County, in the Circuit Court of |
24 | | Jefferson County,
or in the Circuit Court of Cook County, and |
25 | | the
provisions of the Administrative Review Law, and all |
26 | | amendments and
modifications thereto, and the rules adopted |
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1 | | pursuant thereto, are hereby
adopted and shall apply to and |
2 | | govern every action for the judicial review of
final acts or |
3 | | decisions of the Secretary of State hereunder.
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4 | | (Source: P.A. 95-627, eff. 6-1-08; 96-184, eff. 8-10-09.)
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5 | | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
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6 | | Sec. 2-118.1. Opportunity for hearing; statutory summary |
7 | | alcohol
or other drug related suspension or revocation pursuant |
8 | | to Section 11-501.1. |
9 | | (a) A statutory summary suspension or revocation of driving |
10 | | privileges under Section
11-501.1 shall not become effective |
11 | | until the person is notified in writing of
the impending |
12 | | suspension or revocation and informed that he may request a |
13 | | hearing in the
circuit court of venue under paragraph (b) of |
14 | | this Section and the statutory
summary suspension or revocation |
15 | | shall become effective as provided in Section 11-501.1. |
16 | | (b) Within 90 days after the notice of statutory summary
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17 | | suspension or revocation served under Section
11-501.1, the |
18 | | person may make a written request for a judicial hearing in
the |
19 | | circuit court of venue. The request to the circuit court shall |
20 | | state
the grounds upon which the person seeks to have the |
21 | | statutory summary
suspension or revocation rescinded. Within |
22 | | 30 days after receipt of the written request
or the first |
23 | | appearance date on the Uniform Traffic Ticket issued pursuant
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24 | | to a violation of Section 11-501, or a similar provision of a |
25 | | local
ordinance, the hearing shall be conducted by the circuit |
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1 | | court having
jurisdiction. This judicial hearing, request, or |
2 | | process shall not stay or
delay the statutory summary |
3 | | suspension or revocation. The hearings shall proceed in the
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4 | | court in the same manner as in other civil proceedings. |
5 | | The hearing may be conducted upon a review of the law |
6 | | enforcement
officer's own official reports; provided however, |
7 | | that the person may
subpoena the officer. Failure of the |
8 | | officer to answer the subpoena shall
be considered grounds for |
9 | | a continuance if in the court's discretion the
continuance is |
10 | | appropriate. |
11 | | The scope of the hearing shall be limited to the issues of: |
12 | | 1. Whether the person was placed under arrest for an |
13 | | offense as defined
in Section 11-501, or a similar |
14 | | provision of a local ordinance, as evidenced
by the |
15 | | issuance of a Uniform Traffic Ticket, or issued a Uniform |
16 | | Traffic
Ticket out of state as provided in subsection (a) |
17 | | of Section 11-501.1; and |
18 | | 2. Whether the officer had reasonable grounds to |
19 | | believe that
the person was driving or in actual physical |
20 | | control of a motor vehicle
upon a highway while under the |
21 | | influence of alcohol, other drug, or
combination of both; |
22 | | and |
23 | | 3. Whether the person, after being advised by the |
24 | | officer
that the privilege to operate a motor vehicle would |
25 | | be suspended or revoked if the
person refused to submit to |
26 | | and complete the test or tests, did refuse to
submit to or |
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1 | | complete the test or tests to determine the person's blood |
2 | | alcohol or drug concentration; or |
3 | | 4. Whether the person, after being advised by the |
4 | | officer that
the privilege to operate a motor vehicle would |
5 | | be suspended if the person
submits to a chemical test, or |
6 | | tests, and the test discloses an alcohol
concentration of |
7 | | 0.08 or more, a tetrahydrocannabinol concentration as |
8 | | defined in paragraph 6 of subsection (a) of Section |
9 | | 11-501.2 of this Code, or any amount of a drug, substance,
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10 | | or compound in the person's blood , other bodily substance, |
11 | | or urine resulting from the unlawful use or
consumption of |
12 | | cannabis listed in the Cannabis Control Act, a controlled
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13 | | substance listed in the Illinois Controlled Substances |
14 | | Act, an intoxicating
compound as listed in the Use of |
15 | | Intoxicating Compounds Act, or methamphetamine as listed |
16 | | in the Methamphetamine Control and Community Protection |
17 | | Act, and the person
did submit to and complete the test or |
18 | | tests that determined an alcohol
concentration of 0.08 or |
19 | | more. |
20 | | 4.2. (Blank). |
21 | | 4.5. (Blank). |
22 | | 5. If the person's driving privileges were revoked, |
23 | | whether the person was involved in a motor vehicle accident |
24 | | that caused Type A injury or death to another. |
25 | | Upon the conclusion of the judicial hearing, the circuit |
26 | | court shall
sustain or rescind the statutory summary suspension |
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1 | | or revocation and immediately notify
the Secretary of State. |
2 | | Reports received by the Secretary of State under
this Section |
3 | | shall be privileged information and for use only by the
courts, |
4 | | police officers, and Secretary of State. |
5 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
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6 | | (625 ILCS 5/6-106.1a)
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7 | | Sec. 6-106.1a. Cancellation of school bus driver permit; |
8 | | trace of alcohol.
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9 | | (a) A person who has been issued a school bus driver permit |
10 | | by the Secretary
of State in accordance with Section 6-106.1 of |
11 | | this Code and who drives or is
in actual physical control of a |
12 | | school bus
or any other vehicle owned or operated by or for a |
13 | | public or private
school, or a school operated by a religious |
14 | | institution, when the vehicle is
being used over a regularly |
15 | | scheduled route for the transportation of persons
enrolled as |
16 | | students in grade 12 or below, in connection with any activity |
17 | | of
the entities listed, upon the public highways of this State |
18 | | shall be
deemed to have given consent to a chemical test or |
19 | | tests of blood, breath, other bodily substance, or
urine for |
20 | | the purpose of determining the alcohol content of the person's |
21 | | blood
if arrested, as evidenced
by the issuance of a Uniform |
22 | | Traffic Ticket for any violation of this
Code or a similar |
23 | | provision of a local ordinance, if a police officer
has |
24 | | probable cause to believe that the driver has consumed any |
25 | | amount of an
alcoholic beverage based upon evidence of the |
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1 | | driver's physical condition
or other first hand knowledge of |
2 | | the police officer. The test or tests shall
be administered at |
3 | | the direction of the arresting officer. The law enforcement
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4 | | agency employing the officer shall designate which of the |
5 | | aforesaid tests shall
be administered. A urine or other bodily |
6 | | substance test may be administered even after a blood or breath
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7 | | test or both has been administered.
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8 | | (b) A person who is dead, unconscious, or who is otherwise |
9 | | in a condition
rendering that person incapable of refusal, |
10 | | shall be deemed not to have
withdrawn the consent provided by |
11 | | paragraph (a) of this Section and the test or
tests may be |
12 | | administered subject to the following provisions:
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13 | | (1) Chemical analysis of the person's blood, urine, |
14 | | breath, or
other bodily substance,
to be considered valid |
15 | | under the provisions of this Section, shall have been
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16 | | performed according to standards promulgated by the |
17 | | Department of State Police by an
individual
possessing a |
18 | | valid permit issued by the Department of State Police for |
19 | | this
purpose. The
Director of State Police is authorized to |
20 | | approve satisfactory techniques
or
methods, to ascertain |
21 | | the qualifications and competence of individuals to
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22 | | conduct analyses, to issue
permits that shall be subject to |
23 | | termination or revocation at the direction of
the |
24 | | Department of State Police, and to certify the
accuracy of |
25 | | breath testing
equipment. The
Department of State Police |
26 | | shall prescribe rules as
necessary.
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1 | | (2) When a person submits to a blood test at the |
2 | | request of a law
enforcement officer under the provisions |
3 | | of this Section, only a physician
authorized to practice |
4 | | medicine, a licensed physician assistant, a licensed |
5 | | advanced practice nurse, a registered nurse, or other |
6 | | qualified person
trained in venipuncture and acting under |
7 | | the direction of a licensed physician
may withdraw blood |
8 | | for the purpose of determining the alcohol content.
This |
9 | | limitation does not apply to the taking of breath , other |
10 | | bodily substance, or urine specimens.
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11 | | (3) The person tested may have a physician, qualified |
12 | | technician, chemist,
registered nurse, or other qualified |
13 | | person of his or her own choosing
administer a chemical |
14 | | test or tests in addition to any test or tests
administered |
15 | | at the direction of a law enforcement officer. The test
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16 | | administered at the request of the person may be admissible |
17 | | into evidence at a
hearing conducted in accordance with |
18 | | Section 2-118 of this Code. The failure
or inability to |
19 | | obtain an additional test by a person shall not preclude |
20 | | the
consideration of the previously performed chemical |
21 | | test.
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22 | | (4) Upon a request of the person who submits to a |
23 | | chemical test or tests
at the request of a law enforcement |
24 | | officer, full information concerning the
test or tests |
25 | | shall be made available to the person or that person's
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26 | | attorney by the requesting law enforcement agency within 72 |
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1 | | hours of receipt of
the test result.
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2 | | (5) Alcohol concentration means either grams of |
3 | | alcohol per 100
milliliters of blood or grams of alcohol |
4 | | per 210 liters of breath.
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5 | | (6) If a driver is receiving medical treatment as a |
6 | | result of a motor
vehicle accident, a physician licensed to |
7 | | practice medicine, licensed physician assistant, licensed |
8 | | advanced practice nurse, registered nurse,
or other |
9 | | qualified person trained in venipuncture and acting under |
10 | | the
direction of a
licensed physician shall withdraw blood |
11 | | for testing purposes to ascertain the
presence of alcohol |
12 | | upon the specific request of a law enforcement officer.
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13 | | However, that testing shall not be performed until, in the |
14 | | opinion of the
medical personnel on scene, the withdrawal |
15 | | can be made without interfering with
or endangering the |
16 | | well-being of the patient.
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17 | | (c) A person requested to submit to a test as provided in |
18 | | this Section shall
be warned
by the law enforcement officer |
19 | | requesting the test that a refusal to submit to
the test, or
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20 | | submission to the test resulting in an alcohol concentration of |
21 | | more than 0.00,
may result
in the loss of that person's |
22 | | privilege to possess a school bus driver
permit. The loss of |
23 | | the individual's privilege to possess a school bus driver
|
24 | | permit shall be imposed in accordance with Section 6-106.1b of |
25 | | this Code.
|
26 | | (d) If the person refuses testing or submits to a test that |
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1 | | discloses an
alcohol concentration of more than 0.00, the law |
2 | | enforcement officer shall
immediately submit a sworn report to |
3 | | the Secretary of State on a form
prescribed by the Secretary of |
4 | | State certifying that the test or tests were
requested under |
5 | | subsection (a) and the person refused to submit to a test or
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6 | | tests or submitted to testing which disclosed an alcohol |
7 | | concentration of more
than 0.00. The law enforcement officer |
8 | | shall submit the same sworn report when
a person who has been |
9 | | issued a school bus driver permit and who was operating a
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10 | | school bus or any other vehicle owned
or operated by or for a |
11 | | public or private school, or a school operated by a
religious |
12 | | institution, when the vehicle is being used over a regularly
|
13 | | scheduled route for the transportation of persons enrolled as |
14 | | students in grade
12 or below, in connection with
any activity |
15 | | of the entities listed, submits to testing under Section |
16 | | 11-501.1
of this Code and the testing discloses an alcohol |
17 | | concentration of more than
0.00 and less than the alcohol |
18 | | concentration at which driving or being in
actual physical |
19 | | control of a motor vehicle is prohibited under paragraph (1) of
|
20 | | subsection (a) of Section 11-501.
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21 | | Upon receipt of the sworn report of a law enforcement |
22 | | officer, the Secretary
of State shall enter the school bus |
23 | | driver permit sanction on the
individual's driving record and |
24 | | the sanction shall be effective on the
46th day following the |
25 | | date notice of the sanction was given to the person.
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26 | | The law enforcement officer submitting the sworn report |
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1 | | shall serve immediate
notice of this school bus driver permit |
2 | | sanction on the person and the sanction
shall be effective on |
3 | | the 46th day following the date notice was given.
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4 | | In cases where the blood alcohol concentration of more than |
5 | | 0.00 is
established by a subsequent analysis of blood , other |
6 | | bodily substance, or urine, the police officer or
arresting |
7 | | agency shall give notice as provided in this Section or by |
8 | | deposit in
the United States mail of that notice in an envelope |
9 | | with postage prepaid and
addressed to that person at his or her |
10 | | last known address and the loss of the
school
bus driver permit |
11 | | shall be effective on the 46th day following the date notice
|
12 | | was given.
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13 | | Upon receipt of the sworn report of a law enforcement |
14 | | officer, the Secretary
of State shall also give notice of the |
15 | | school bus driver permit sanction to the
driver and the |
16 | | driver's current employer by mailing a notice of the effective
|
17 | | date of the sanction to the individual. However, shall the |
18 | | sworn report be
defective by not containing sufficient |
19 | | information or be completed in error,
the notice of the school |
20 | | bus driver permit sanction may not be mailed to the
person or |
21 | | his current employer or entered to the driving record,
but |
22 | | rather the sworn report shall be returned to the issuing law |
23 | | enforcement
agency.
|
24 | | (e) A driver may contest this school bus driver permit |
25 | | sanction by
requesting an administrative hearing with the |
26 | | Secretary of State in accordance
with Section 2-118 of this |
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1 | | Code. An individual whose blood alcohol
concentration is shown |
2 | | to be more than 0.00 is not subject to this Section if
he or she |
3 | | consumed alcohol in the performance of a religious service or
|
4 | | ceremony. An individual whose blood alcohol concentration is |
5 | | shown to be more
than 0.00 shall not be subject to this Section |
6 | | if the individual's blood
alcohol concentration resulted only |
7 | | from ingestion of the prescribed or
recommended dosage of |
8 | | medicine that contained alcohol. The petition for that
hearing |
9 | | shall not stay or delay the effective date of the impending |
10 | | suspension.
The scope of this hearing shall be limited to the |
11 | | issues of:
|
12 | | (1) whether the police officer had probable cause to |
13 | | believe that the
person was driving or in actual physical |
14 | | control of a school bus
or any other vehicle owned or |
15 | | operated by or for a
public or private school, or a
school |
16 | | operated by a religious institution, when the vehicle is |
17 | | being used
over a regularly scheduled route for the |
18 | | transportation of persons enrolled as
students in grade 12 |
19 | | or below, in connection with any activity of the entities
|
20 | | listed, upon the public highways of the State and the |
21 | | police officer had reason
to believe that the person was in |
22 | | violation of any provision of this
Code or a similar |
23 | | provision of a local ordinance; and
|
24 | | (2) whether the person was issued a Uniform Traffic |
25 | | Ticket for any
violation of this Code or a similar |
26 | | provision of a local
ordinance; and
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1 | | (3) whether the police officer had probable cause to |
2 | | believe that the
driver had
consumed any amount of an |
3 | | alcoholic beverage based upon the driver's
physical |
4 | | actions or other first-hand knowledge of the police |
5 | | officer; and
|
6 | | (4) whether the person, after being advised by the |
7 | | officer that the
privilege to possess a school bus driver |
8 | | permit would be canceled if the person
refused to submit to |
9 | | and complete the test or tests, did refuse to submit to or
|
10 | | complete the test or tests to determine the person's |
11 | | alcohol concentration; and
|
12 | | (5) whether the person, after being advised by the |
13 | | officer that the
privileges to possess a school bus driver |
14 | | permit would be canceled if the
person submits to a |
15 | | chemical test or tests and the test or tests disclose an
|
16 | | alcohol concentration of more than 0.00 and
the person did |
17 | | submit to and complete the test or tests that determined an
|
18 | | alcohol concentration of more than 0.00; and
|
19 | | (6) whether the test result of an alcohol concentration |
20 | | of more than 0.00
was based upon the person's consumption |
21 | | of alcohol in the performance of a
religious service or |
22 | | ceremony; and
|
23 | | (7) whether the test result of an alcohol concentration |
24 | | of more than 0.00
was based upon the person's consumption |
25 | | of alcohol through ingestion of the
prescribed or |
26 | | recommended dosage of medicine.
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1 | | The Secretary of State may adopt administrative rules |
2 | | setting forth
circumstances under which the holder of a school |
3 | | bus driver permit is not
required to
appear in
person at the |
4 | | hearing.
|
5 | | Provided that the petitioner may subpoena the officer, the |
6 | | hearing may be
conducted upon a review of the law enforcement |
7 | | officer's own official
reports. Failure of the officer to |
8 | | answer the subpoena shall be grounds for a
continuance if, in |
9 | | the hearing officer's discretion, the continuance is
|
10 | | appropriate. At the conclusion of the hearing held under |
11 | | Section 2-118 of this
Code, the Secretary of State may rescind, |
12 | | continue, or modify
the school bus driver permit sanction.
|
13 | | (f) The results of any chemical testing performed in |
14 | | accordance with
subsection (a) of this Section are not |
15 | | admissible in any civil or criminal
proceeding, except that the |
16 | | results
of the testing may be considered at a hearing held |
17 | | under Section 2-118 of this
Code. However, the results of the |
18 | | testing may not be used to impose
driver's license sanctions |
19 | | under Section 11-501.1 of this Code. A law
enforcement officer |
20 | | may, however, pursue a statutory summary suspension or |
21 | | revocation of
driving privileges under Section 11-501.1 of this |
22 | | Code if other physical
evidence or first hand knowledge forms |
23 | | the basis of that suspension or revocation.
|
24 | | (g) This Section applies only to drivers who have been |
25 | | issued a school bus
driver permit in accordance with Section |
26 | | 6-106.1 of this Code at the time of
the issuance of the Uniform |
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1 | | Traffic Ticket for a violation of this
Code or a similar |
2 | | provision of a local ordinance, and a chemical test
request is |
3 | | made under this Section.
|
4 | | (h) The action of the Secretary of State in suspending, |
5 | | revoking, canceling,
or denying any license, permit, |
6 | | registration, or certificate of title shall be
subject to |
7 | | judicial review in the Circuit Court of Sangamon County or in |
8 | | the
Circuit Court of Cook County, and the provisions of the |
9 | | Administrative Review
Law and its rules are hereby adopted and |
10 | | shall apply to and govern every
action for the judicial review |
11 | | of final acts or decisions of the Secretary of
State under this |
12 | | Section.
|
13 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11.)
|
14 | | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) |
15 | | Sec. 6-208.1. Period of statutory summary alcohol, other |
16 | | drug,
or intoxicating compound related suspension or |
17 | | revocation. |
18 | | (a) Unless the statutory summary suspension has been |
19 | | rescinded, any
person whose privilege to drive a motor vehicle |
20 | | on the public highways has
been summarily suspended, pursuant |
21 | | to Section 11-501.1, shall not be
eligible for restoration of |
22 | | the privilege until the expiration of: |
23 | | 1. twelve months from the effective date of the |
24 | | statutory summary suspension
for a refusal or failure to |
25 | | complete a test or tests to determine the alcohol, other |
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1 | | drug, or intoxicating compound concentration under
Section |
2 | | 11-501.1, if the person was not involved in a motor vehicle |
3 | | accident that caused personal injury or death to another; |
4 | | or |
5 | | 2. six months from the effective date of the statutory |
6 | | summary
suspension imposed following the person's |
7 | | submission to a chemical test
which disclosed an alcohol |
8 | | concentration of 0.08 or more, the presence of cannabis as |
9 | | listed in the Cannabis Control Act with a |
10 | | tetrahydrocannabinol concentration as defined in paragraph |
11 | | 6 of subsection (a) of Section 11-501.2 of this Code, or |
12 | | any
amount
of a
drug, substance, or intoxicating compound |
13 | | in such person's
breath, blood, other bodily substance, or
|
14 | | urine resulting
from the unlawful use or consumption of |
15 | | cannabis listed in the Cannabis
Control Act, a controlled |
16 | | substance listed in the Illinois
Controlled
Substances |
17 | | Act, an intoxicating compound listed in the Use of |
18 | | Intoxicating
Compounds Act, or methamphetamine as listed |
19 | | in the Methamphetamine Control and Community Protection |
20 | | Act, pursuant to Section 11-501.1; or |
21 | | 3. three years from the effective date of the statutory |
22 | | summary suspension
for any person other than a first |
23 | | offender who refuses or fails to
complete a test or tests |
24 | | to determine the alcohol, drug, or
intoxicating
compound |
25 | | concentration
pursuant to Section 11-501.1; or |
26 | | 4. one year from the effective date of the summary |
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1 | | suspension imposed
for any person other than a first |
2 | | offender following submission to a
chemical test which |
3 | | disclosed an alcohol concentration of 0.08 or
more
pursuant |
4 | | to Section 11-501.1 , the presence of cannabis as listed in |
5 | | the Cannabis Control Act with a tetrahydrocannabinol |
6 | | concentration as defined in paragraph 6 of subsection (a) |
7 | | of Section 11-501.2 of this Code, or any amount of a drug, |
8 | | substance or
compound in such person's blood , other bodily |
9 | | substance, or urine resulting from the unlawful use or
|
10 | | consumption of cannabis listed in the Cannabis Control Act, |
11 | | a
controlled
substance listed in the Illinois Controlled |
12 | | Substances Act, an
intoxicating
compound listed in the Use |
13 | | of Intoxicating Compounds Act, or methamphetamine as |
14 | | listed in the Methamphetamine Control and Community |
15 | | Protection Act; or |
16 | | 5. (Blank). |
17 | | (b) Following a statutory summary suspension of the |
18 | | privilege to drive a
motor vehicle under Section 11-501.1, |
19 | | driving privileges shall be
restored unless the person is |
20 | | otherwise suspended, revoked, or cancelled by this Code. If
the |
21 | | court has reason to believe that the person's
driving privilege |
22 | | should not be restored, the court shall notify
the Secretary of |
23 | | State prior to the expiration of the statutory summary
|
24 | | suspension so appropriate action may be taken pursuant to this |
25 | | Code. |
26 | | (c) Driving privileges may not be restored until all |
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1 | | applicable
reinstatement fees, as provided by this Code, have |
2 | | been paid to the Secretary
of State and the appropriate entry |
3 | | made to the driver's record. |
4 | | (d) Where a driving privilege has been summarily suspended |
5 | | or revoked under Section
11-501.1 and the person is |
6 | | subsequently convicted of violating Section
11-501, or a |
7 | | similar provision of a local ordinance, for the same incident,
|
8 | | any period served on statutory summary suspension or revocation |
9 | | shall be credited toward
the minimum period of revocation of |
10 | | driving privileges imposed pursuant to
Section 6-205. |
11 | | (e) A first offender who refused chemical testing and whose |
12 | | driving privileges were summarily revoked pursuant to Section |
13 | | 11-501.1 shall not be eligible for a monitoring device driving |
14 | | permit, but may make application for reinstatement or for a |
15 | | restricted driving permit after a period of one year has |
16 | | elapsed from the effective date of the revocation. |
17 | | (f) (Blank). |
18 | | (g) Following a statutory summary suspension of driving |
19 | | privileges
pursuant to Section 11-501.1 where the person was |
20 | | not a first offender, as
defined in Section 11-500, the |
21 | | Secretary of State may not issue a
restricted driving permit. |
22 | | (h) (Blank). |
23 | | (Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14; |
24 | | 98-1015, eff. 8-22-14; 98-1172, eff. 1-12-15.)
|
25 | | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
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1 | | (Text of Section before amendment by P.A. 98-176 )
|
2 | | Sec. 6-514. Commercial driver's license (CDL); commercial |
3 | | learner's permit (CLP); disqualifications.
|
4 | | (a) A person shall be disqualified from driving a |
5 | | commercial motor
vehicle for a period of not less than 12 |
6 | | months for the first violation of:
|
7 | | (1) Refusing to submit to or failure to complete a test |
8 | | or tests to determine the driver's blood concentration of |
9 | | alcohol, other drug, or both
while driving a commercial |
10 | | motor vehicle or, if the driver is a CDL holder, while |
11 | | driving a non-CMV; or
|
12 | | (2) Operating a commercial motor vehicle while the |
13 | | alcohol
concentration of the person's blood, breath or |
14 | | urine is at least 0.04, or any
amount of a drug, substance, |
15 | | or compound in the person's blood or urine
resulting from |
16 | | the unlawful use or consumption of cannabis listed in the
|
17 | | Cannabis Control Act, a controlled substance listed in the |
18 | | Illinois
Controlled Substances Act, or methamphetamine as |
19 | | listed in the Methamphetamine Control and Community |
20 | | Protection Act as indicated by a police officer's sworn |
21 | | report or
other verified evidence; or operating a |
22 | | non-commercial motor vehicle while the alcohol |
23 | | concentration of the person's blood, breath, or urine was |
24 | | above the legal limit defined in Section 11-501.1 or |
25 | | 11-501.8 or any amount of a drug, substance, or compound in |
26 | | the person's blood or urine resulting from the unlawful use |
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1 | | or consumption of cannabis listed in the Cannabis Control |
2 | | Act, a controlled substance listed in the Illinois |
3 | | Controlled Substances Act, or methamphetamine as listed in |
4 | | the Methamphetamine Control and Community Protection Act
|
5 | | as indicated by a police officer's sworn report or other |
6 | | verified evidence while holding a commercial driver's |
7 | | license; or
|
8 | | (3) Conviction for a first violation of:
|
9 | | (i) Driving a commercial motor vehicle or, if the |
10 | | driver is a CDL holder, driving a non-CMV while under |
11 | | the influence of
alcohol, or any other drug, or |
12 | | combination of drugs to a degree which
renders such |
13 | | person incapable of safely driving; or
|
14 | | (ii) Knowingly leaving the scene of an accident |
15 | | while
operating a commercial motor vehicle or, if the |
16 | | driver is a CDL holder, while driving a non-CMV; or
|
17 | | (iii) Driving a commercial motor vehicle or, if the |
18 | | driver is a CDL holder, driving a non-CMV while |
19 | | committing any felony; or |
20 | | (iv) Driving a commercial motor vehicle while the |
21 | | person's driving privileges or driver's license or |
22 | | permit is revoked, suspended, or cancelled or the |
23 | | driver is disqualified from operating a commercial |
24 | | motor vehicle; or |
25 | | (v) Causing a fatality through the negligent |
26 | | operation of a commercial motor vehicle, including but |
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1 | | not limited to the crimes of motor vehicle |
2 | | manslaughter, homicide by a motor vehicle, and |
3 | | negligent homicide. |
4 | | As used in this subdivision (a)(3)(v), "motor |
5 | | vehicle manslaughter" means the offense of involuntary |
6 | | manslaughter if committed by means of a vehicle; |
7 | | "homicide by a motor vehicle" means the offense of |
8 | | first degree murder or second degree murder, if either |
9 | | offense is committed by means of a vehicle; and |
10 | | "negligent homicide" means reckless homicide under |
11 | | Section 9-3 of the Criminal Code of 1961 or the |
12 | | Criminal Code of 2012 and aggravated driving under the |
13 | | influence of alcohol, other drug or drugs, |
14 | | intoxicating compound or compounds, or any combination |
15 | | thereof under subdivision (d)(1)(F) of Section 11-501 |
16 | | of this Code.
|
17 | | If any of the above violations or refusals occurred |
18 | | while
transporting hazardous material(s) required to be |
19 | | placarded, the person
shall be disqualified for a period of |
20 | | not less than 3 years; or
|
21 | | (4) (Blank). |
22 | | (b) A person is disqualified for life for a second |
23 | | conviction of any of
the offenses specified in paragraph (a), |
24 | | or any combination of those
offenses, arising from 2 or more |
25 | | separate incidents.
|
26 | | (c) A person is disqualified from driving a commercial |
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1 | | motor vehicle for
life if the person either (i) uses a |
2 | | commercial motor vehicle in the commission of any felony
|
3 | | involving the manufacture, distribution, or dispensing of a |
4 | | controlled
substance, or possession with intent to |
5 | | manufacture, distribute or dispense
a controlled substance or |
6 | | (ii) if the person is a CDL holder, uses a non-CMV in the |
7 | | commission of a felony involving any of those activities.
|
8 | | (d) The Secretary of State may, when the United States |
9 | | Secretary of
Transportation so authorizes, issue regulations |
10 | | in which a disqualification
for life under paragraph (b) may be |
11 | | reduced to a period of not less than 10
years.
If a reinstated |
12 | | driver is subsequently convicted of another disqualifying
|
13 | | offense, as specified in subsection (a) of this Section, he or |
14 | | she shall be
permanently disqualified for life and shall be |
15 | | ineligible to again apply for a
reduction of the lifetime |
16 | | disqualification.
|
17 | | (e) A person is disqualified from driving a commercial |
18 | | motor vehicle for
a period of not less than 2 months if |
19 | | convicted of 2 serious traffic
violations, committed in a |
20 | | commercial motor vehicle, non-CMV while holding a CDL, or any |
21 | | combination thereof, arising from separate
incidents, |
22 | | occurring within a 3 year period, provided the serious traffic |
23 | | violation committed in a non-CMV would result in the suspension |
24 | | or revocation of the CDL holder's non-CMV privileges. However, |
25 | | a person will be
disqualified from driving a commercial motor |
26 | | vehicle for a period of not less
than 4 months if convicted of |
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1 | | 3 serious traffic violations, committed in a
commercial motor |
2 | | vehicle, non-CMV while holding a CDL, or any combination |
3 | | thereof, arising from separate incidents, occurring within a 3
|
4 | | year period, provided the serious traffic violation committed |
5 | | in a non-CMV would result in the suspension or revocation of |
6 | | the CDL holder's non-CMV privileges. If all the convictions |
7 | | occurred in a non-CMV, the disqualification shall be entered |
8 | | only if the convictions would result in the suspension or |
9 | | revocation of the CDL holder's non-CMV privileges.
|
10 | | (e-1) (Blank).
|
11 | | (f) Notwithstanding any other provision of this Code, any |
12 | | driver
disqualified from operating a commercial motor vehicle, |
13 | | pursuant to this
UCDLA, shall not be eligible for restoration |
14 | | of commercial driving
privileges during any such period of |
15 | | disqualification.
|
16 | | (g) After suspending, revoking, or cancelling a commercial |
17 | | driver's
license, the Secretary of State must update the |
18 | | driver's records to reflect
such action within 10 days. After |
19 | | suspending or revoking the driving privilege
of any person who |
20 | | has been issued a CDL or commercial driver instruction permit
|
21 | | from another jurisdiction, the Secretary shall originate |
22 | | notification to
such issuing jurisdiction within 10 days.
|
23 | | (h) The "disqualifications" referred to in this Section |
24 | | shall not be
imposed upon any commercial motor vehicle driver, |
25 | | by the Secretary of
State, unless the prohibited action(s) |
26 | | occurred after March 31, 1992.
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1 | | (i) A person is disqualified from driving a commercial |
2 | | motor vehicle in
accordance with the following:
|
3 | | (1) For 6 months upon a first conviction of paragraph |
4 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 |
5 | | of this Code.
|
6 | | (2) For 2 years upon a second conviction of paragraph |
7 | | (2) of subsection
(b) or subsection (b-3) or any |
8 | | combination of paragraphs (2) or (3) of subsection (b) or |
9 | | subsections (b-3) or (b-5) of Section 6-507 of this Code |
10 | | within a 10-year period if the second conviction is a |
11 | | violation of paragraph (2) of subsection (b) or subsection |
12 | | (b-3).
|
13 | | (3) For 3 years upon a third or subsequent conviction |
14 | | of paragraph (2) of
subsection (b) or subsection (b-3) or |
15 | | any combination of paragraphs (2) or (3) of subsection (b) |
16 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code |
17 | | within a 10-year period if the third or subsequent |
18 | | conviction is a violation of paragraph (2) of subsection |
19 | | (b) or subsection (b-3).
|
20 | | (4) For one year upon a first conviction of paragraph |
21 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 |
22 | | of this Code.
|
23 | | (5) For 3 years upon a second conviction of paragraph |
24 | | (3) of subsection
(b) or subsection (b-5) or any |
25 | | combination of paragraphs (2) or (3) of subsection (b) or |
26 | | subsections (b-3) or (b-5) of Section 6-507 of this Code |
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1 | | within a 10-year period if the second conviction is a |
2 | | violation of paragraph (3) of subsection (b) or (b-5).
|
3 | | (6) For 5 years upon a third or subsequent conviction |
4 | | of paragraph (3) of
subsection (b) or subsection (b-5) or |
5 | | any combination of paragraphs (2) or (3) of subsection (b) |
6 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code |
7 | | within a 10-year period if the third or subsequent |
8 | | conviction is a violation of paragraph (3) of subsection |
9 | | (b) or (b-5).
|
10 | | (j) Disqualification for railroad-highway grade crossing
|
11 | | violation.
|
12 | | (1) General rule. A driver who is convicted of a |
13 | | violation of a federal,
State, or
local law or regulation |
14 | | pertaining to
one of the following 6 offenses at a |
15 | | railroad-highway grade crossing must be
disqualified
from |
16 | | operating a commercial motor vehicle for the period of time |
17 | | specified in
paragraph (2) of this subsection (j) if the |
18 | | offense was committed while
operating a commercial motor |
19 | | vehicle:
|
20 | | (i) For drivers who are not required to always |
21 | | stop, failing to
slow down and check that the tracks |
22 | | are clear of an approaching train or railroad track |
23 | | equipment, as
described in subsection (a-5) of Section |
24 | | 11-1201 of this Code;
|
25 | | (ii) For drivers who are not required to always |
26 | | stop, failing to
stop before reaching the crossing, if |
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1 | | the tracks are not clear, as described in
subsection |
2 | | (a) of Section 11-1201 of this Code;
|
3 | | (iii) For drivers who are always required to stop, |
4 | | failing to stop
before driving onto the crossing, as |
5 | | described in Section 11-1202 of this Code;
|
6 | | (iv) For all drivers, failing to have sufficient |
7 | | space to drive
completely through the crossing without |
8 | | stopping, as described in subsection
(b) of Section |
9 | | 11-1425 of this Code;
|
10 | | (v) For all drivers, failing to obey a traffic |
11 | | control device or
the directions of an enforcement |
12 | | official at the crossing, as described in
subdivision |
13 | | (a)2 of Section 11-1201 of this Code;
|
14 | | (vi) For all drivers, failing to negotiate a |
15 | | crossing because of
insufficient undercarriage |
16 | | clearance, as described in subsection (d-1) of
Section |
17 | | 11-1201 of this Code.
|
18 | | (2) Duration of disqualification for railroad-highway |
19 | | grade
crossing violation.
|
20 | | (i) First violation. A driver must be disqualified |
21 | | from operating a
commercial motor vehicle
for not less |
22 | | than 60 days if the driver is convicted of a violation |
23 | | described
in paragraph
(1) of this subsection (j) and, |
24 | | in the three-year period preceding the
conviction, the |
25 | | driver
had no convictions for a violation described in |
26 | | paragraph (1) of this
subsection (j).
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1 | | (ii) Second violation. A driver must be |
2 | | disqualified from operating a
commercial
motor vehicle
|
3 | | for not less
than 120 days if the driver is convicted
|
4 | | of a violation described in paragraph (1) of this |
5 | | subsection (j) and, in the
three-year
period preceding |
6 | | the conviction, the driver had one other conviction for |
7 | | a
violation
described in paragraph (1) of this |
8 | | subsection (j) that was committed in a
separate
|
9 | | incident.
|
10 | | (iii) Third or subsequent violation. A driver must |
11 | | be disqualified from
operating a
commercial motor |
12 | | vehicle
for not less than one year if the driver is |
13 | | convicted
of a violation described in paragraph (1) of |
14 | | this subsection (j) and, in the
three-year
period |
15 | | preceding the conviction, the driver had 2 or more |
16 | | other convictions for
violations
described in |
17 | | paragraph (1) of this subsection (j) that were |
18 | | committed in
separate incidents.
|
19 | | (k) Upon notification of a disqualification of a driver's |
20 | | commercial motor vehicle privileges imposed by the U.S. |
21 | | Department of Transportation, Federal Motor Carrier Safety |
22 | | Administration, in accordance with 49 C.F.R. 383.52, the |
23 | | Secretary of State shall immediately record to the driving |
24 | | record the notice of disqualification and confirm to the driver |
25 | | the action that has been taken.
|
26 | | (l) A foreign commercial driver is subject to |
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1 | | disqualification under this Section. |
2 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; |
3 | | 98-122, eff. 1-1-14; 98-722, eff. 7-16-14; 98-756, eff. |
4 | | 7-16-14.) |
5 | | (Text of Section after amendment by P.A. 98-176 )
|
6 | | Sec. 6-514. Commercial driver's license (CDL); commercial |
7 | | learner's permit (CLP); disqualifications.
|
8 | | (a) A person shall be disqualified from driving a |
9 | | commercial motor
vehicle for a period of not less than 12 |
10 | | months for the first violation of:
|
11 | | (1) Refusing to submit to or failure to complete a test |
12 | | or tests to determine the driver's blood concentration of |
13 | | alcohol, other drug, or both
while driving a commercial |
14 | | motor vehicle or, if the driver is a CLP or CDL holder, |
15 | | while driving a non-CMV; or
|
16 | | (2) Operating a commercial motor vehicle while the |
17 | | alcohol
concentration of the person's blood, breath , other |
18 | | bodily substance, or urine is at least 0.04, or any
amount |
19 | | of a drug, substance, or compound in the person's blood , |
20 | | other bodily substance, or urine
resulting from the |
21 | | unlawful use or consumption of cannabis listed in the
|
22 | | Cannabis Control Act, a controlled substance listed in the |
23 | | Illinois
Controlled Substances Act, or methamphetamine as |
24 | | listed in the Methamphetamine Control and Community |
25 | | Protection Act as indicated by a police officer's sworn |
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1 | | report or
other verified evidence; or operating a |
2 | | non-commercial motor vehicle while the alcohol |
3 | | concentration of the person's blood, breath, other bodily |
4 | | substance, or urine was above the legal limit defined in |
5 | | Section 11-501.1 or 11-501.8 or any amount of a drug, |
6 | | substance, or compound in the person's blood , other bodily |
7 | | substance, or urine resulting from the unlawful use or |
8 | | consumption of cannabis listed in the Cannabis Control Act, |
9 | | a controlled substance listed in the Illinois Controlled |
10 | | Substances Act, or methamphetamine as listed in the |
11 | | Methamphetamine Control and Community Protection Act
as |
12 | | indicated by a police officer's sworn report or other |
13 | | verified evidence while holding a CLP or CDL; or
|
14 | | (3) Conviction for a first violation of:
|
15 | | (i) Driving a commercial motor vehicle or, if the |
16 | | driver is a CLP or CDL holder, driving a non-CMV while |
17 | | under the influence of
alcohol, or any other drug, or |
18 | | combination of drugs to a degree which
renders such |
19 | | person incapable of safely driving; or
|
20 | | (ii) Knowingly leaving the scene of an accident |
21 | | while
operating a commercial motor vehicle or, if the |
22 | | driver is a CLP or CDL holder, while driving a non-CMV; |
23 | | or
|
24 | | (iii) Driving a commercial motor vehicle or, if the |
25 | | driver is a CLP or CDL holder, driving a non-CMV while |
26 | | committing any felony; or |
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1 | | (iv) Driving a commercial motor vehicle while the |
2 | | person's driving privileges or driver's license or |
3 | | permit is revoked, suspended, or cancelled or the |
4 | | driver is disqualified from operating a commercial |
5 | | motor vehicle; or |
6 | | (v) Causing a fatality through the negligent |
7 | | operation of a commercial motor vehicle, including but |
8 | | not limited to the crimes of motor vehicle |
9 | | manslaughter, homicide by a motor vehicle, and |
10 | | negligent homicide. |
11 | | As used in this subdivision (a)(3)(v), "motor |
12 | | vehicle manslaughter" means the offense of involuntary |
13 | | manslaughter if committed by means of a vehicle; |
14 | | "homicide by a motor vehicle" means the offense of |
15 | | first degree murder or second degree murder, if either |
16 | | offense is committed by means of a vehicle; and |
17 | | "negligent homicide" means reckless homicide under |
18 | | Section 9-3 of the Criminal Code of 1961 or the |
19 | | Criminal Code of 2012 and aggravated driving under the |
20 | | influence of alcohol, other drug or drugs, |
21 | | intoxicating compound or compounds, or any combination |
22 | | thereof under subdivision (d)(1)(F) of Section 11-501 |
23 | | of this Code.
|
24 | | If any of the above violations or refusals occurred |
25 | | while
transporting hazardous material(s) required to be |
26 | | placarded, the person
shall be disqualified for a period of |
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|
|
1 | | not less than 3 years; or
|
2 | | (4) (Blank). |
3 | | (b) A person is disqualified for life for a second |
4 | | conviction of any of
the offenses specified in paragraph (a), |
5 | | or any combination of those
offenses, arising from 2 or more |
6 | | separate incidents.
|
7 | | (c) A person is disqualified from driving a commercial |
8 | | motor vehicle for
life if the person either (i) uses a |
9 | | commercial motor vehicle in the commission of any felony
|
10 | | involving the manufacture, distribution, or dispensing of a |
11 | | controlled
substance, or possession with intent to |
12 | | manufacture, distribute or dispense
a controlled substance or |
13 | | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the |
14 | | commission of a felony involving any of those activities.
|
15 | | (d) The Secretary of State may, when the United States |
16 | | Secretary of
Transportation so authorizes, issue regulations |
17 | | in which a disqualification
for life under paragraph (b) may be |
18 | | reduced to a period of not less than 10
years.
If a reinstated |
19 | | driver is subsequently convicted of another disqualifying
|
20 | | offense, as specified in subsection (a) of this Section, he or |
21 | | she shall be
permanently disqualified for life and shall be |
22 | | ineligible to again apply for a
reduction of the lifetime |
23 | | disqualification.
|
24 | | (e) A person is disqualified from driving a commercial |
25 | | motor vehicle for
a period of not less than 2 months if |
26 | | convicted of 2 serious traffic
violations, committed in a |
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1 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, |
2 | | or any combination thereof, arising from separate
incidents, |
3 | | occurring within a 3 year period, provided the serious traffic |
4 | | violation committed in a non-CMV would result in the suspension |
5 | | or revocation of the CLP or CDL holder's non-CMV privileges. |
6 | | However, a person will be
disqualified from driving a |
7 | | commercial motor vehicle for a period of not less
than 4 months |
8 | | if convicted of 3 serious traffic violations, committed in a
|
9 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, |
10 | | or any combination thereof, arising from separate incidents, |
11 | | occurring within a 3
year period, provided the serious traffic |
12 | | violation committed in a non-CMV would result in the suspension |
13 | | or revocation of the CLP or CDL holder's non-CMV privileges. If |
14 | | all the convictions occurred in a non-CMV, the disqualification |
15 | | shall be entered only if the convictions would result in the |
16 | | suspension or revocation of the CLP or CDL holder's non-CMV |
17 | | privileges.
|
18 | | (e-1) (Blank).
|
19 | | (f) Notwithstanding any other provision of this Code, any |
20 | | driver
disqualified from operating a commercial motor vehicle, |
21 | | pursuant to this
UCDLA, shall not be eligible for restoration |
22 | | of commercial driving
privileges during any such period of |
23 | | disqualification.
|
24 | | (g) After suspending, revoking, or cancelling a CLP or CDL, |
25 | | the Secretary of State must update the driver's records to |
26 | | reflect
such action within 10 days. After suspending or |
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1 | | revoking the driving privilege
of any person who has been |
2 | | issued a CLP or CDL from another jurisdiction, the Secretary |
3 | | shall originate notification to
such issuing jurisdiction |
4 | | within 10 days.
|
5 | | (h) The "disqualifications" referred to in this Section |
6 | | shall not be
imposed upon any commercial motor vehicle driver, |
7 | | by the Secretary of
State, unless the prohibited action(s) |
8 | | occurred after March 31, 1992.
|
9 | | (i) A person is disqualified from driving a commercial |
10 | | motor vehicle in
accordance with the following:
|
11 | | (1) For 6 months upon a first conviction of paragraph |
12 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 |
13 | | of this Code.
|
14 | | (2) For 2 years upon a second conviction of paragraph |
15 | | (2) of subsection
(b) or subsection (b-3) or any |
16 | | combination of paragraphs (2) or (3) of subsection (b) or |
17 | | subsections (b-3) or (b-5) of Section 6-507 of this Code |
18 | | within a 10-year period if the second conviction is a |
19 | | violation of paragraph (2) of subsection (b) or subsection |
20 | | (b-3).
|
21 | | (3) For 3 years upon a third or subsequent conviction |
22 | | of paragraph (2) of
subsection (b) or subsection (b-3) or |
23 | | any combination of paragraphs (2) or (3) of subsection (b) |
24 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code |
25 | | within a 10-year period if the third or subsequent |
26 | | conviction is a violation of paragraph (2) of subsection |
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1 | | (b) or subsection (b-3).
|
2 | | (4) For one year upon a first conviction of paragraph |
3 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 |
4 | | of this Code.
|
5 | | (5) For 3 years upon a second conviction of paragraph |
6 | | (3) of subsection
(b) or subsection (b-5) or any |
7 | | combination of paragraphs (2) or (3) of subsection (b) or |
8 | | subsections (b-3) or (b-5) of Section 6-507 of this Code |
9 | | within a 10-year period if the second conviction is a |
10 | | violation of paragraph (3) of subsection (b) or (b-5).
|
11 | | (6) For 5 years upon a third or subsequent conviction |
12 | | of paragraph (3) of
subsection (b) or subsection (b-5) or |
13 | | any combination of paragraphs (2) or (3) of subsection (b) |
14 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code |
15 | | within a 10-year period if the third or subsequent |
16 | | conviction is a violation of paragraph (3) of subsection |
17 | | (b) or (b-5).
|
18 | | (j) Disqualification for railroad-highway grade crossing
|
19 | | violation.
|
20 | | (1) General rule. A driver who is convicted of a |
21 | | violation of a federal,
State, or
local law or regulation |
22 | | pertaining to
one of the following 6 offenses at a |
23 | | railroad-highway grade crossing must be
disqualified
from |
24 | | operating a commercial motor vehicle for the period of time |
25 | | specified in
paragraph (2) of this subsection (j) if the |
26 | | offense was committed while
operating a commercial motor |
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1 | | vehicle:
|
2 | | (i) For drivers who are not required to always |
3 | | stop, failing to
slow down and check that the tracks |
4 | | are clear of an approaching train or railroad track |
5 | | equipment, as
described in subsection (a-5) of Section |
6 | | 11-1201 of this Code;
|
7 | | (ii) For drivers who are not required to always |
8 | | stop, failing to
stop before reaching the crossing, if |
9 | | the tracks are not clear, as described in
subsection |
10 | | (a) of Section 11-1201 of this Code;
|
11 | | (iii) For drivers who are always required to stop, |
12 | | failing to stop
before driving onto the crossing, as |
13 | | described in Section 11-1202 of this Code;
|
14 | | (iv) For all drivers, failing to have sufficient |
15 | | space to drive
completely through the crossing without |
16 | | stopping, as described in subsection
(b) of Section |
17 | | 11-1425 of this Code;
|
18 | | (v) For all drivers, failing to obey a traffic |
19 | | control device or
the directions of an enforcement |
20 | | official at the crossing, as described in
subdivision |
21 | | (a)2 of Section 11-1201 of this Code;
|
22 | | (vi) For all drivers, failing to negotiate a |
23 | | crossing because of
insufficient undercarriage |
24 | | clearance, as described in subsection (d-1) of
Section |
25 | | 11-1201 of this Code.
|
26 | | (2) Duration of disqualification for railroad-highway |
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1 | | grade
crossing violation.
|
2 | | (i) First violation. A driver must be disqualified |
3 | | from operating a
commercial motor vehicle
for not less |
4 | | than 60 days if the driver is convicted of a violation |
5 | | described
in paragraph
(1) of this subsection (j) and, |
6 | | in the three-year period preceding the
conviction, the |
7 | | driver
had no convictions for a violation described in |
8 | | paragraph (1) of this
subsection (j).
|
9 | | (ii) Second violation. A driver must be |
10 | | disqualified from operating a
commercial
motor vehicle
|
11 | | for not less
than 120 days if the driver is convicted
|
12 | | of a violation described in paragraph (1) of this |
13 | | subsection (j) and, in the
three-year
period preceding |
14 | | the conviction, the driver had one other conviction for |
15 | | a
violation
described in paragraph (1) of this |
16 | | subsection (j) that was committed in a
separate
|
17 | | incident.
|
18 | | (iii) Third or subsequent violation. A driver must |
19 | | be disqualified from
operating a
commercial motor |
20 | | vehicle
for not less than one year if the driver is |
21 | | convicted
of a violation described in paragraph (1) of |
22 | | this subsection (j) and, in the
three-year
period |
23 | | preceding the conviction, the driver had 2 or more |
24 | | other convictions for
violations
described in |
25 | | paragraph (1) of this subsection (j) that were |
26 | | committed in
separate incidents.
|
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1 | | (k) Upon notification of a disqualification of a driver's |
2 | | commercial motor vehicle privileges imposed by the U.S. |
3 | | Department of Transportation, Federal Motor Carrier Safety |
4 | | Administration, in accordance with 49 C.F.R. 383.52, the |
5 | | Secretary of State shall immediately record to the driving |
6 | | record the notice of disqualification and confirm to the driver |
7 | | the action that has been taken.
|
8 | | (l) A foreign commercial driver is subject to |
9 | | disqualification under this Section. |
10 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; |
11 | | 98-122, eff. 1-1-14; 98-176, eff. 7-8-15 (see Section 10 of |
12 | | P.A. 98-722 for the effective date of changes made by P.A. |
13 | | 98-176); 98-722, eff. 7-16-14; 98-756, eff. 7-16-14; 98-1172, |
14 | | eff. 1-12-15.)
|
15 | | (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
|
16 | | Sec. 6-517. Commercial driver; implied consent warnings.
|
17 | | (a) Any person driving a commercial motor vehicle who is
|
18 | | requested by a police officer, pursuant to Section 6-516, to |
19 | | submit to a
chemical test or tests to determine the alcohol |
20 | | concentration
or any amount of a drug, substance, or compound |
21 | | resulting from the unlawful
use or consumption of cannabis |
22 | | listed in the Cannabis Control Act, a
controlled substance |
23 | | listed in the Illinois Controlled Substances Act, an |
24 | | intoxicating compound listed in the Use of Intoxicating |
25 | | Compounds Act, or methamphetamine as listed in the |
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1 | | Methamphetamine Control and Community Protection Act
in such |
2 | | person's system, must be warned by the police officer
|
3 | | requesting the
test or tests that a refusal to submit to the |
4 | | test or tests will result in that
person being immediately |
5 | | placed out-of-service for a period of 24 hours and
being |
6 | | disqualified from operating a commercial motor vehicle for a |
7 | | period of
not less than 12 months; the person shall also be |
8 | | warned that if
such person
submits to testing which discloses |
9 | | an alcohol concentration of greater than
0.00 but less than |
10 | | 0.04 or any amount of a drug, substance, or compound in
such
|
11 | | person's blood , other bodily substance, or urine resulting from |
12 | | the unlawful use or consumption of
cannabis listed in the |
13 | | Cannabis Control Act, a controlled substance listed in
the |
14 | | Illinois Controlled Substances Act, an intoxicating compound |
15 | | listed in the Use of Intoxicating Compounds Act, or |
16 | | methamphetamine as listed in the Methamphetamine Control and |
17 | | Community Protection Act, such person shall be
placed |
18 | | immediately
out-of-service for a period of 24 hours; if the |
19 | | person submits to testing which
discloses an alcohol |
20 | | concentration of 0.04 or more or any amount of a drug,
|
21 | | substance, or compound in such person's blood , other bodily |
22 | | substance, or urine resulting
from the
unlawful use or |
23 | | consumption of cannabis listed in the Cannabis Control Act, a
|
24 | | controlled substance listed in the Illinois Controlled |
25 | | Substances Act,
an intoxicating compound listed in the Use of |
26 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
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1 | | Methamphetamine Control and Community Protection Act, such
|
2 | | person shall be placed immediately out-of-service and |
3 | | disqualified from driving
a commercial motor vehicle for a |
4 | | period of at least 12 months; also the person
shall be warned |
5 | | that if such testing discloses an alcohol
concentration of |
6 | | 0.08, or more or any amount of a drug, substance,
or compound |
7 | | in such person's
blood , other bodily substance, or urine |
8 | | resulting from the unlawful use or consumption of cannabis
|
9 | | listed in the Cannabis Control Act, a controlled substance |
10 | | listed in the
Illinois Controlled Substances Act, an |
11 | | intoxicating compound listed in the Use of Intoxicating |
12 | | Compounds Act, or methamphetamine as listed in the |
13 | | Methamphetamine Control and Community Protection Act, in |
14 | | addition to the person being immediately
placed out-of-service |
15 | | and disqualified for 12 months as provided in this UCDLA,
the |
16 | | results of such testing shall also be admissible in
|
17 | | prosecutions for
violations of Section 11-501 of this Code, or |
18 | | similar violations of local
ordinances, however, such results |
19 | | shall not be used to impose any
driving
sanctions pursuant to |
20 | | Section 11-501.1 of this Code.
|
21 | | The person shall also be warned that any disqualification |
22 | | imposed pursuant
to this Section, shall be for life for any |
23 | | such offense or refusal,
or combination thereof; including a |
24 | | conviction for violating Section 11-501
while driving a |
25 | | commercial motor vehicle, or similar provisions of local
|
26 | | ordinances, committed a second time involving separate |
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1 | | incidents.
|
2 | | (b) If the person refuses or fails to complete testing, or |
3 | | submits to a
test which discloses an alcohol concentration of |
4 | | at least 0.04,
or any amount of a drug, substance, or compound |
5 | | in such person's
blood , other bodily substance, or
urine |
6 | | resulting from the unlawful use or consumption of cannabis |
7 | | listed in the
Cannabis Control Act, a controlled substance |
8 | | listed in the Illinois
Controlled Substances Act, an |
9 | | intoxicating compound listed in the Use of Intoxicating |
10 | | Compounds Act, or methamphetamine as listed in the |
11 | | Methamphetamine Control and Community Protection Act, the law |
12 | | enforcement officer must
submit a Sworn Report to the Secretary |
13 | | of State, in a form prescribed by
the Secretary, certifying |
14 | | that the test or tests was requested pursuant to
paragraph (a); |
15 | | that the person was warned, as provided in paragraph (a)
and |
16 | | that such person refused to submit to or failed to complete
|
17 | | testing, or
submitted to a test which disclosed an alcohol
|
18 | | concentration of 0.04 or more, or any amount of a drug, |
19 | | substance, or
compound in such person's blood , other bodily |
20 | | substance, or urine resulting from the unlawful use or
|
21 | | consumption of cannabis listed in the Cannabis Control Act, a |
22 | | controlled
substance listed in the Illinois Controlled |
23 | | Substances Act, an intoxicating compound listed in the Use of |
24 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
25 | | Methamphetamine Control and Community Protection Act.
|
26 | | (c) The police officer submitting the Sworn Report under |
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1 | | this Section
shall serve notice of the CDL disqualification on |
2 | | the person and
such CDL
disqualification shall be effective as |
3 | | provided in paragraph (d). In cases
where the blood alcohol |
4 | | concentration of 0.04 or more,
or any amount of a drug, |
5 | | substance, or
compound in such person's blood , other bodily |
6 | | substance, or urine resulting from the
unlawful use or
|
7 | | consumption of cannabis listed in the Cannabis Control Act, a |
8 | | controlled
substance listed in the Illinois Controlled |
9 | | Substances Act, an intoxicating compound listed in the Use of |
10 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
11 | | Methamphetamine Control and Community Protection Act, is |
12 | | established by
subsequent analysis of blood , other bodily |
13 | | substance, or urine collected at the time of the request,
the |
14 | | police officer shall give notice as provided in this Section or |
15 | | by
deposit in the United States mail of such notice as provided |
16 | | in
this
Section or by deposit in the United States mail of such |
17 | | notice in
an
envelope with postage prepaid and addressed to |
18 | | such person's
domiciliary
address as shown on the Sworn Report |
19 | | and the CDL disqualification shall
begin as provided in |
20 | | paragraph (d).
|
21 | | (d) The CDL disqualification referred to in this Section |
22 | | shall take
effect on the 46th day following the date the Sworn |
23 | | Report was given to the
affected person.
|
24 | | (e) Upon receipt of the Sworn Report from the police |
25 | | officer, the
Secretary of State shall disqualify the person |
26 | | from driving any commercial
motor vehicle and shall confirm the |
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1 | | CDL disqualification by mailing the
notice of the effective |
2 | | date to the person. However, should the Sworn
Report be |
3 | | defective by not containing sufficient information or be
|
4 | | completed in error, the confirmation of the CDL |
5 | | disqualification shall not
be mailed to the affected person or |
6 | | entered into the record, instead the
Sworn Report shall be |
7 | | forwarded to the issuing
agency identifying any such defect.
|
8 | | (Source: P.A. 95-355, eff. 1-1-08.)
|
9 | | (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
|
10 | | Sec. 11-401. Motor vehicle accidents involving death or |
11 | | personal injuries.
|
12 | | (a) The driver of any vehicle involved in a motor vehicle |
13 | | accident
resulting in personal injury to or death of any person |
14 | | shall immediately stop
such vehicle at the scene of such |
15 | | accident, or as close thereto as possible
and shall then |
16 | | forthwith return to, and in every event shall remain at the
|
17 | | scene of the accident until the requirements of Section 11-403 |
18 | | have been
fulfilled. Every such stop shall be made without |
19 | | obstructing traffic more
than is necessary.
|
20 | | (b) Any person who has failed to stop or to comply with the
|
21 | | requirements of paragraph (a) shall, as soon as possible but in |
22 | | no case
later than one-half hour after such motor
vehicle |
23 | | accident, or, if hospitalized and incapacitated from reporting |
24 | | at any
time during such period, as soon as possible but in no |
25 | | case later than one-half
hour
after
being discharged from the
|
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1 | | hospital, report the place of the accident, the date, the |
2 | | approximate time,
the
driver's name and address, the |
3 | | registration number of the vehicle
driven, and the names of all |
4 | | other occupants of
such vehicle, at a police station or |
5 | | sheriff's office near the place where
such accident occurred. |
6 | | No report made as required under this paragraph shall be used,
|
7 | | directly or indirectly, as a basis for the prosecution of any
|
8 | | violation of paragraph (a).
|
9 | | (b-1) Any person arrested for violating this Section is |
10 | | subject to chemical testing of his or her blood, breath, other |
11 | | bodily substance, or urine for the presence of alcohol, other |
12 | | drug or drugs, intoxicating compound or compounds, or any |
13 | | combination thereof, as provided in Section 11-501.1, if the |
14 | | testing occurs within 12 hours of the time of the occurrence of |
15 | | the accident that led to his or her arrest. The person's |
16 | | driving privileges are subject to statutory summary suspension |
17 | | under Section 11-501.1 if he or she fails testing or statutory |
18 | | summary revocation under Section 11-501.1 if he or she refuses |
19 | | to undergo the testing.
|
20 | | For purposes of this Section, personal injury shall mean |
21 | | any injury
requiring immediate professional treatment in a |
22 | | medical facility or
doctor's office.
|
23 | | (c) Any person failing to comply with paragraph (a) shall |
24 | | be guilty of a Class 4 felony.
|
25 | | (d) Any person failing to comply with paragraph (b) is
|
26 | | guilty
of
a Class 2 felony if the
motor vehicle accident does |
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1 | | not result in the death of any person.
Any person failing to |
2 | | comply with paragraph (b)
when the accident results in the |
3 | | death of
any person is guilty of a Class 1
felony.
|
4 | | (e) The Secretary of State shall revoke the driving |
5 | | privilege of any person
convicted of a violation of this |
6 | | Section.
|
7 | | (Source: P.A. 95-347, eff. 1-1-08; 96-1344, eff. 7-1-11 .)
|
8 | | (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
|
9 | | Sec. 11-500. Definitions. For the purposes of interpreting |
10 | | Sections
6-206.1 and 6-208.1 of this Code, "first offender" |
11 | | shall mean any person
who has not had a previous conviction or |
12 | | court assigned supervision for
violating Section 11-501, or a |
13 | | similar provision of a local ordinance,
or a conviction in any |
14 | | other state for a violation of driving while under
the |
15 | | influence or a similar offense where the cause of action is the |
16 | | same
or substantially similar to this Code or similar offenses |
17 | | committed on a military installation, or any person who has not |
18 | | had a driver's license suspension pursuant to paragraph 6 of |
19 | | subsection (a) of Section 6-206 as the result of refusal of |
20 | | chemical testing in another state, or any
person who has not |
21 | | had a driver's license
suspension or revocation for violating |
22 | | Section 11-501.1 within 5 years prior to the date of
the
|
23 | | current offense, except in cases where the driver submitted to
|
24 | | chemical testing resulting in an alcohol concentration of 0.08 |
25 | | or
more,
or any amount of a drug, substance, or compound in |
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1 | | such person's blood , other bodily substance, or
urine resulting |
2 | | from the unlawful use or consumption of cannabis listed in
the |
3 | | Cannabis Control Act, a controlled substance listed in the
|
4 | | Illinois
Controlled Substances Act, or an intoxicating |
5 | | compound listed in the Use
of
Intoxicating Compounds Act, or |
6 | | methamphetamine as listed in the Methamphetamine Control and |
7 | | Community Protection Act and
was subsequently found not guilty |
8 | | of violating Section 11-501, or a similar
provision of a local |
9 | | ordinance. |
10 | | (Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09; |
11 | | 96-1344, eff. 7-1-11 .)
|
12 | | (625 ILCS 5/11-500.1)
|
13 | | Sec. 11-500.1. Immunity.
|
14 | | (a) A person authorized under this Article to withdraw |
15 | | blood or collect
urine or other bodily substance shall not be |
16 | | civilly liable for damages when the person, in good faith,
|
17 | | withdraws blood or collects urine or other bodily substance for |
18 | | evidentiary purposes under this Code,
upon the request of a law |
19 | | enforcement officer, unless the act is performed in a
willful |
20 | | and wanton manner.
|
21 | | (b) As used in this Section, "willful and wanton manner" |
22 | | means a course of
action that shows an actual or deliberate |
23 | | intention to cause harm or which, if
not intentional, shows an |
24 | | utter indifference to or conscious disregard for the
health or |
25 | | safety of another.
|
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1 | | (Source: P.A. 89-689, eff. 12-31-96.)
|
2 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
3 | | Sec. 11-501. Driving while under the influence of alcohol, |
4 | | other drug or drugs, intoxicating compound or compounds or any |
5 | | combination thereof.
|
6 | | (a) A person shall not drive or be in actual physical |
7 | | control of any vehicle within this State while: |
8 | | (1) the alcohol concentration in the person's blood , |
9 | | other bodily substance, or breath is 0.08 or more based on |
10 | | the definition of blood and breath units in Section |
11 | | 11-501.2; |
12 | | (2) under the influence of alcohol; |
13 | | (3) under the influence of any intoxicating compound or |
14 | | combination of intoxicating compounds to a degree that |
15 | | renders the person incapable of driving safely; |
16 | | (4) under the influence of any other drug or |
17 | | combination of drugs to a degree that renders the person |
18 | | incapable of safely driving; |
19 | | (5) under the combined influence of alcohol, other drug |
20 | | or drugs, or intoxicating compound or compounds to a degree |
21 | | that renders the person incapable of safely driving; or |
22 | | (6) there is any amount of a drug, substance, or |
23 | | compound in the person's breath, blood, other bodily |
24 | | substance, or urine resulting from the unlawful use or |
25 | | consumption of cannabis listed in the Cannabis Control Act, |
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1 | | a controlled substance listed in the Illinois Controlled |
2 | | Substances Act, an intoxicating compound listed in the Use |
3 | | of Intoxicating Compounds Act, or methamphetamine as |
4 | | listed in the Methamphetamine Control and Community |
5 | | Protection Act ; or |
6 | | (7) the person has, within 2 hours of driving or being |
7 | | in actual physical control of a vehicle, a |
8 | | tetrahydrocannabinol concentration in the person's whole |
9 | | blood or other bodily substance as defined in paragraph 6 |
10 | | of subsection (a) of Section 11-501.2 .
Subject to all other |
11 | | requirements and provisions under this Section, this |
12 | | paragraph (7) (6) does not apply to the lawful consumption |
13 | | of cannabis by a qualifying patient licensed under the |
14 | | Compassionate Use of Medical Cannabis Pilot Program Act who |
15 | | is in possession of a valid registry card issued under that |
16 | | Act, unless that person is impaired by the use of cannabis. |
17 | | (b) The fact that any person charged with violating this |
18 | | Section is or has been legally entitled to use alcohol, |
19 | | cannabis under the Compassionate Use of Medical Cannabis Pilot |
20 | | Program Act, other drug or drugs, or intoxicating compound or |
21 | | compounds, or any combination thereof, shall not constitute a |
22 | | defense against any charge of violating this Section. |
23 | | (c) Penalties. |
24 | | (1) Except as otherwise provided in this Section, any |
25 | | person convicted of violating subsection (a) of this |
26 | | Section is guilty of a Class A misdemeanor. |
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1 | | (2) A person who violates subsection (a) or a similar |
2 | | provision a second time shall be sentenced to a mandatory |
3 | | minimum term of either 5 days of imprisonment or 240 hours |
4 | | of community service in addition to any other criminal or |
5 | | administrative sanction. |
6 | | (3) A person who violates subsection (a) is subject to |
7 | | 6 months of imprisonment, an additional mandatory minimum |
8 | | fine of $1,000, and 25 days of community service in a |
9 | | program benefiting children if the person was transporting |
10 | | a person under the age of 16 at the time of the violation. |
11 | | (4) A person who violates subsection (a) a first time, |
12 | | if the alcohol concentration in his or her blood, breath, |
13 | | other bodily substance, or urine was 0.16 or more based on |
14 | | the definition of blood, breath, other bodily substance, or |
15 | | urine units in Section 11-501.2, shall be subject, in |
16 | | addition to any other penalty that may be imposed, to a |
17 | | mandatory minimum of 100 hours of community service and a |
18 | | mandatory minimum fine of $500. |
19 | | (5) A person who violates subsection (a) a second time, |
20 | | if at the time of the second violation the alcohol |
21 | | concentration in his or her blood, breath, other bodily |
22 | | substance, or urine was 0.16 or more based on the |
23 | | definition of blood, breath, other bodily substance, or |
24 | | urine units in Section 11-501.2, shall be subject, in |
25 | | addition to any other penalty that may be imposed, to a |
26 | | mandatory minimum of 2 days of imprisonment and a mandatory |
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1 | | minimum fine of $1,250. |
2 | | (d) Aggravated driving under the influence of alcohol, |
3 | | other drug or drugs, or intoxicating compound or compounds, or |
4 | | any combination thereof.
|
5 | | (1) Every person convicted of committing a violation of |
6 | | this Section shall be guilty of aggravated driving under |
7 | | the influence of alcohol, other drug or drugs, or |
8 | | intoxicating compound or compounds, or any combination |
9 | | thereof if: |
10 | | (A) the person committed a violation of subsection |
11 | | (a) or a similar provision for the third or subsequent |
12 | | time; |
13 | | (B) the person committed a violation of subsection |
14 | | (a) while driving a school bus with one or more |
15 | | passengers on board; |
16 | | (C) the person in committing a violation of |
17 | | subsection (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 . This |
21 | | subparagraph (C) does not apply unless the person was |
22 | | impaired at the time of the violation and the |
23 | | impairment was a proximate cause of the injuries ; |
24 | | (D) the person committed a violation of subsection |
25 | | (a) and has been previously convicted of violating |
26 | | Section 9-3 of the Criminal Code of 1961 or the |
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1 | | Criminal Code of 2012 or a similar provision of a law |
2 | | of another state relating to reckless homicide in which |
3 | | the person was determined to have been under the |
4 | | influence of alcohol, other drug or drugs, or |
5 | | intoxicating compound or compounds as an element of the |
6 | | offense or the person has previously been convicted |
7 | | under subparagraph (C) or subparagraph (F) of this |
8 | | paragraph (1); |
9 | | (E) the person, in committing a violation of |
10 | | subsection (a) while driving at any speed in a school |
11 | | speed zone at a time when a speed limit of 20 miles per |
12 | | hour was in effect under subsection (a) of Section |
13 | | 11-605 of this Code, was involved in a motor vehicle |
14 | | accident that resulted in bodily harm, other than great |
15 | | bodily harm or permanent disability or disfigurement, |
16 | | to another person, when the violation of subsection (a) |
17 | | was a proximate cause of the bodily harm; |
18 | | (F) the person, in committing a violation of |
19 | | subsection (a), was involved in a motor vehicle, |
20 | | snowmobile, all-terrain vehicle, or watercraft |
21 | | accident that resulted in the death of another person, |
22 | | when the violation of subsection (a) was a proximate |
23 | | cause of the death . This subparagraph (F) does not |
24 | | apply unless the person was impaired at the time of the |
25 | | violation and the impairment was a proximate cause of |
26 | | the death ; |
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1 | | (G) the person committed a violation of subsection |
2 | | (a) during a period in which the defendant's driving |
3 | | privileges are revoked or suspended, where the |
4 | | revocation or suspension was for a violation of |
5 | | subsection (a) or a similar provision, Section |
6 | | 11-501.1, paragraph (b) of Section 11-401, or for |
7 | | reckless homicide as defined in Section 9-3 of the |
8 | | Criminal Code of 1961 or the Criminal Code of 2012; |
9 | | (H) the person committed the violation while he or |
10 | | she did not possess a driver's license or permit or a |
11 | | restricted driving permit or a judicial driving permit |
12 | | or a monitoring device driving permit; |
13 | | (I) the person committed the violation while he or |
14 | | she knew or should have known that the vehicle he or |
15 | | she was driving was not covered by a liability |
16 | | insurance policy; |
17 | | (J) the person in committing a violation of |
18 | | subsection (a) was involved in a motor vehicle accident |
19 | | that resulted in bodily harm, but not great bodily |
20 | | harm, to the child under the age of 16 being |
21 | | transported by the person, if the violation was the |
22 | | proximate cause of the injury; |
23 | | (K) the person in committing a second violation of |
24 | | subsection (a) or a similar provision was transporting |
25 | | a person under the age of 16; or |
26 | | (L) the person committed a violation of subsection |
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1 | | (a) of this Section while transporting one or more |
2 | | passengers in a vehicle for-hire. |
3 | | (2)(A) Except as provided otherwise, a person |
4 | | convicted of aggravated driving under the influence of |
5 | | alcohol, other drug or drugs, or intoxicating compound or |
6 | | compounds, or any combination thereof is guilty of a Class |
7 | | 4 felony. |
8 | | (B) A third violation of this Section or a similar |
9 | | provision is a Class 2 felony. If at the time of the third |
10 | | violation the alcohol concentration in his or her blood, |
11 | | breath, other bodily substance, or urine was 0.16 or more |
12 | | based on the definition of blood, breath, other bodily |
13 | | substance, or urine units in Section 11-501.2, a mandatory |
14 | | minimum of 90 days of imprisonment and a mandatory minimum |
15 | | fine of $2,500 shall be imposed in addition to any other |
16 | | criminal or administrative sanction. If at the time of the |
17 | | third violation, the defendant was transporting a person |
18 | | under the age of 16, a mandatory fine of $25,000 and 25 |
19 | | days of community service in a program benefiting children |
20 | | shall be imposed in addition to any other criminal or |
21 | | administrative sanction. |
22 | | (C) A fourth violation of this Section or a similar |
23 | | provision is a Class 2 felony, for which a sentence of |
24 | | probation or conditional discharge may not be imposed. If |
25 | | at the time of the violation, the alcohol concentration in |
26 | | the defendant's blood, breath, other bodily substance, or |
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1 | | urine was 0.16 or more based on the definition of blood, |
2 | | breath, other bodily substance, or urine units in Section |
3 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
4 | | imposed in addition to any other criminal or administrative |
5 | | sanction. If at the time of the fourth violation, the |
6 | | defendant was transporting a person under the age of 16 a |
7 | | mandatory fine of $25,000 and 25 days of community service |
8 | | in a program benefiting children shall be imposed in |
9 | | addition to any other criminal or administrative sanction. |
10 | | (D) A fifth violation of this Section or a similar |
11 | | provision is a Class 1 felony, for which a sentence of |
12 | | probation or conditional discharge may not be imposed. If |
13 | | at the time of the violation, the alcohol concentration in |
14 | | the defendant's blood, breath, other bodily substance, or |
15 | | urine was 0.16 or more based on the definition of blood, |
16 | | breath, other bodily substance, or urine units in Section |
17 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
18 | | imposed in addition to any other criminal or administrative |
19 | | sanction. If at the time of the fifth violation, the |
20 | | defendant was transporting a person under the age of 16, a |
21 | | mandatory fine of $25,000, and 25 days of community service |
22 | | in a program benefiting children shall be imposed in |
23 | | addition to any other criminal or administrative sanction. |
24 | | (E) A sixth or subsequent violation of this Section or |
25 | | similar provision is a Class X felony. If at the time of |
26 | | the violation, the alcohol concentration in the |
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1 | | defendant's blood, breath, other bodily substance, or |
2 | | urine was 0.16 or more based on the definition of blood, |
3 | | breath, other bodily substance, or urine units in Section |
4 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
5 | | imposed in addition to any other criminal or administrative |
6 | | sanction. If at the time of the violation, the defendant |
7 | | was transporting a person under the age of 16, a mandatory |
8 | | fine of $25,000 and 25 days of community service in a |
9 | | program benefiting children shall be imposed in addition to |
10 | | any other criminal or administrative sanction. |
11 | | (F) For a violation of subparagraph (C) of paragraph |
12 | | (1) of this subsection (d), the defendant, if sentenced to |
13 | | a term of imprisonment, shall be sentenced to not less than |
14 | | one year nor more than 12 years. |
15 | | (G) A violation of subparagraph (F) of paragraph (1) of |
16 | | this subsection (d) is a Class 2 felony, for which the |
17 | | defendant, unless the court determines that extraordinary |
18 | | circumstances exist and require probation, shall be |
19 | | sentenced to: (i) a term of imprisonment of not less than 3 |
20 | | years and not more than 14 years if the violation resulted |
21 | | in the death of one person; or (ii) a term of imprisonment |
22 | | of not less than 6 years and not more than 28 years if the |
23 | | violation resulted in the deaths of 2 or more persons. |
24 | | (H) For a violation of subparagraph (J) of paragraph |
25 | | (1) of this subsection (d), a mandatory fine of $2,500, and |
26 | | 25 days of community service in a program benefiting |
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1 | | children shall be imposed in addition to any other criminal |
2 | | or administrative sanction. |
3 | | (I) A violation of subparagraph (K) of paragraph (1) of |
4 | | this subsection (d), is a Class 2 felony and a mandatory |
5 | | fine of $2,500, and 25 days of community service in a |
6 | | program benefiting children shall be imposed in addition to |
7 | | any other criminal or administrative sanction. If the child |
8 | | being transported suffered bodily harm, but not great |
9 | | bodily harm, in a motor vehicle accident, and the violation |
10 | | was the proximate cause of that injury, a mandatory fine of |
11 | | $5,000 and 25 days of community service in a program |
12 | | benefiting children shall be imposed in addition to any |
13 | | other criminal or administrative sanction. |
14 | | (J) A violation of subparagraph (D) of paragraph (1) of |
15 | | this subsection (d) is a Class 3 felony, for which a |
16 | | sentence of probation or conditional discharge may not be |
17 | | imposed. |
18 | | (3) Any person sentenced under this subsection (d) who |
19 | | receives a term of probation or conditional discharge must |
20 | | serve a minimum term of either 480 hours of community |
21 | | service or 10 days of imprisonment as a condition of the |
22 | | probation or conditional discharge in addition to any other |
23 | | criminal or administrative sanction. |
24 | | (e) Any reference to a prior violation of subsection (a) or |
25 | | a similar provision includes any violation of a provision of a |
26 | | local ordinance or a provision of a law of another state or an |
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1 | | offense committed on a military installation that is similar to |
2 | | a violation of subsection (a) of this Section. |
3 | | (f) The imposition of a mandatory term of imprisonment or |
4 | | assignment of community service for a violation of this Section |
5 | | shall not be suspended or reduced by the court. |
6 | | (g) Any penalty imposed for driving with a license that has |
7 | | been revoked for a previous violation of subsection (a) of this |
8 | | Section shall be in addition to the penalty imposed for any |
9 | | subsequent violation of subsection (a). |
10 | | (h) For any prosecution under this Section, a certified |
11 | | copy of the driving abstract of the defendant shall be admitted |
12 | | as proof of any prior conviction.
|
13 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; |
14 | | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14.)
|
15 | | (625 ILCS 5/11-501.1)
|
16 | | Sec. 11-501.1. Suspension of drivers license; statutory |
17 | | summary
alcohol, other drug or drugs, or intoxicating compound |
18 | | or
compounds related suspension or revocation; implied |
19 | | consent. |
20 | | (a) Any person who drives or is in actual physical control |
21 | | of a motor
vehicle upon the public highways of this State shall |
22 | | be deemed to have given
consent, subject to the provisions of |
23 | | Section 11-501.2, to a chemical test or
tests of blood, breath, |
24 | | other bodily substance, or urine for the purpose of determining |
25 | | the content of
alcohol, other drug or drugs, or intoxicating |
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1 | | compound or compounds or
any combination thereof in the |
2 | | person's blood if arrested,
as evidenced by the issuance of a |
3 | | Uniform Traffic Ticket, for any offense
as defined in Section |
4 | | 11-501 or a similar provision of a local ordinance, or if |
5 | | arrested for violating Section 11-401.
If a law enforcement |
6 | | officer has probable cause to believe the person was under the |
7 | | influence of alcohol, other drug or drugs, intoxicating |
8 | | compound or compounds, or any combination thereof, the law |
9 | | enforcement officer shall request a chemical test or tests |
10 | | which shall be administered at the direction of the arresting
|
11 | | officer. The law enforcement agency employing the officer shall |
12 | | designate which
of the aforesaid tests shall be administered. |
13 | | Up to 2 additional tests of A urine or other bodily substance |
14 | | test may be administered
even after a blood or breath test or |
15 | | both has
been administered. For purposes of this Section, an |
16 | | Illinois law
enforcement officer of this State who is |
17 | | investigating the person for any
offense defined in Section |
18 | | 11-501 may travel into an adjoining state, where
the person has |
19 | | been transported for medical care, to complete an
investigation |
20 | | and to request that the person submit to the test or tests
set |
21 | | forth in this Section. The requirements of this Section that |
22 | | the
person be arrested are inapplicable, but the officer shall |
23 | | issue the person
a Uniform Traffic Ticket for an offense as |
24 | | defined in Section 11-501 or a
similar provision of a local |
25 | | ordinance prior to requesting that the person
submit to the |
26 | | test or tests. The issuance of the Uniform Traffic Ticket
shall |
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1 | | not constitute an arrest, but shall be for the purpose of |
2 | | notifying
the person that he or she is subject to the |
3 | | provisions of this Section and
of the officer's belief of the |
4 | | existence of probable cause to
arrest. Upon returning to this |
5 | | State, the officer shall file the Uniform
Traffic Ticket with |
6 | | the Circuit Clerk of the county where the offense was
|
7 | | committed, and shall seek the issuance of an arrest warrant or |
8 | | a summons
for the person. |
9 | | (a-5) (Blank). |
10 | | (b) Any person who is dead, unconscious, or who is |
11 | | otherwise in a condition
rendering the person incapable of |
12 | | refusal, shall be deemed not to have
withdrawn the consent |
13 | | provided by paragraph (a) of this Section and the test or
tests |
14 | | may be administered, subject to the provisions of Section |
15 | | 11-501.2. |
16 | | (c) A person requested to submit to a test as provided |
17 | | above shall
be warned by the law enforcement officer requesting |
18 | | the test that a
refusal to submit to the test will result in |
19 | | the statutory summary
suspension of the person's privilege to |
20 | | operate a motor vehicle, as provided
in Section 6-208.1 of this |
21 | | Code, and will also result in the disqualification of the |
22 | | person's privilege to operate a commercial motor vehicle, as |
23 | | provided in Section 6-514 of this Code, if the person is a CDL |
24 | | holder. The person shall also be warned that a refusal to |
25 | | submit to the test, when the person was involved in a motor |
26 | | vehicle accident that caused personal injury or death to |
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1 | | another, will result in the statutory summary revocation of the |
2 | | person's privilege to operate a motor vehicle, as provided in |
3 | | Section 6-208.1, and will also result in the disqualification |
4 | | of the person's privilege to operate a commercial motor |
5 | | vehicle, as provided in Section 6-514 of this Code, if the |
6 | | person is a CDL holder. The person shall also be warned by the |
7 | | law
enforcement officer that if the person submits to the test |
8 | | or tests
provided in paragraph (a) of this Section and the |
9 | | alcohol concentration in
the person's blood , other bodily |
10 | | substance, or breath is 0.08 or greater, or testing discloses |
11 | | the presence of cannabis as listed in the Cannabis Control Act |
12 | | with a tetrahydrocannabinol concentration as defined in |
13 | | paragraph 6 of subsection (a) of Section 11-501.2 of this Code, |
14 | | or any amount of
a
drug, substance, or compound resulting from |
15 | | the unlawful use or consumption
of cannabis as covered by the |
16 | | Cannabis Control Act, a controlled
substance
listed in the |
17 | | Illinois Controlled Substances Act, an intoxicating compound
|
18 | | listed in the Use of Intoxicating Compounds Act, or |
19 | | methamphetamine as listed in the Methamphetamine Control and |
20 | | Community Protection Act is detected in the person's
blood , |
21 | | other bodily substance, or urine, a statutory summary |
22 | | suspension of the person's privilege to
operate a motor |
23 | | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
|
24 | | Code, will be imposed. If the person is also a CDL holder he or |
25 | | she shall be warned by the law
enforcement officer that if the |
26 | | person submits to the test or tests
provided in paragraph (a) |
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1 | | of this Section and the alcohol concentration in
the person's |
2 | | blood, other bodily substance, or breath is 0.08 or greater, or |
3 | | any amount of
a
drug, substance, or compound resulting from the |
4 | | unlawful use or consumption
of cannabis as covered by the |
5 | | Cannabis Control Act, a controlled
substance
listed in the |
6 | | Illinois Controlled Substances Act, an intoxicating compound
|
7 | | listed in the Use of Intoxicating Compounds Act, or |
8 | | methamphetamine as listed in the Methamphetamine Control and |
9 | | Community Protection Act is detected in the person's
blood, |
10 | | other bodily substance, or urine and a disqualification of
the |
11 | | person's privilege to operate a commercial motor vehicle, as |
12 | | provided in Section 6-514 of this Code, if the person is a CDL |
13 | | holder, will be imposed. |
14 | | A person who is under the age of 21 at the time the person |
15 | | is requested to
submit to a test as provided above shall, in |
16 | | addition to the warnings provided
for in this Section, be |
17 | | further warned by the law enforcement officer
requesting the |
18 | | test that if the person submits to the test or tests provided |
19 | | in
paragraph (a) of this Section and the alcohol concentration |
20 | | in the person's
blood , other bodily substance, or breath is |
21 | | greater than 0.00 and less than 0.08, a
suspension of the
|
22 | | person's privilege to operate a motor vehicle, as provided |
23 | | under Sections
6-208.2 and 11-501.8 of this Code, will be |
24 | | imposed. The results of this test
shall be admissible in a |
25 | | civil or criminal action or proceeding arising from an
arrest |
26 | | for an offense as defined in Section 11-501 of this Code or a |
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1 | | similar
provision of a local ordinance or pursuant to Section |
2 | | 11-501.4 in prosecutions
for reckless homicide brought under |
3 | | the Criminal Code of 1961 or the Criminal Code of 2012. These |
4 | | test
results, however, shall be admissible only in actions or |
5 | | proceedings directly
related to the incident upon which the |
6 | | test request was made. |
7 | | (d) If the person refuses testing or submits to a test that |
8 | | discloses
an alcohol concentration of 0.08 or more, or testing |
9 | | discloses the presence of cannabis as listed in the Cannabis |
10 | | Control Act with a tetrahydrocannabinol concentration as |
11 | | defined in paragraph 6 of subsection (a) of Section 11-501.2 of |
12 | | this Code, or any amount of a drug,
substance, or intoxicating |
13 | | compound in the person's breath, blood,
other bodily substance, |
14 | | or urine resulting from the
unlawful use or consumption of |
15 | | cannabis listed in the Cannabis Control Act, a controlled |
16 | | substance listed in the Illinois Controlled Substances
Act, an |
17 | | intoxicating compound listed in the Use of Intoxicating |
18 | | Compounds
Act, or methamphetamine as listed in the |
19 | | Methamphetamine Control and Community Protection Act, the law |
20 | | enforcement officer shall immediately submit a sworn report to
|
21 | | the
circuit court of venue and the Secretary of State, |
22 | | certifying that the test or
tests was or were requested under |
23 | | paragraph (a) and the person refused to
submit to a test, or |
24 | | tests, or submitted to testing that disclosed an alcohol
|
25 | | concentration of 0.08 or more , testing discloses the presence |
26 | | of cannabis as listed in the Cannabis Control Act with a |
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1 | | tetrahydrocannabinol concentration as defined in paragraph 6 |
2 | | of subsection (a) of Section 11-501.2 of this Code, or any |
3 | | amount of a drug,
substance, or intoxicating compound in the |
4 | | person's breath, blood, other bodily substance, or urine |
5 | | resulting from the
unlawful use or consumption of a controlled |
6 | | substance listed in the Illinois Controlled Substances
Act, an |
7 | | intoxicating compound listed in the Use of Intoxicating |
8 | | Compounds
Act, or methamphetamine as listed in the |
9 | | Methamphetamine Control and Community Protection Act . If the |
10 | | person is also a CDL holder and refuses testing or submits to a |
11 | | test that discloses
an alcohol concentration of 0.08 or more, |
12 | | or any amount of a drug,
substance, or intoxicating compound in |
13 | | the person's breath, blood, other bodily substance, or urine |
14 | | resulting from the
unlawful use or consumption of cannabis |
15 | | listed in the Cannabis Control Act, a controlled substance |
16 | | listed in the Illinois Controlled Substances
Act, an |
17 | | intoxicating compound listed in the Use of Intoxicating |
18 | | Compounds
Act, or methamphetamine as listed in the |
19 | | Methamphetamine Control and Community Protection Act, the law |
20 | | enforcement officer shall also immediately submit a sworn |
21 | | report to
the
circuit court of venue and the Secretary of |
22 | | State, certifying that the test or
tests was or were requested |
23 | | under paragraph (a) and the person refused to
submit to a test, |
24 | | or tests, or submitted to testing that disclosed an alcohol |
25 | | concentration of 0.08 or more, or any amount of a drug,
|
26 | | substance, or intoxicating compound in the person's breath, |
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1 | | blood, other bodily substance, or urine resulting from the
|
2 | | unlawful use or consumption of cannabis listed in the Cannabis |
3 | | Control Act, a controlled substance listed in the Illinois |
4 | | Controlled Substances
Act, an intoxicating compound listed in |
5 | | the Use of Intoxicating Compounds
Act, or methamphetamine as |
6 | | listed in the Methamphetamine Control and Community Protection |
7 | | Act. |
8 | | (e) Upon receipt of the sworn report of a law enforcement |
9 | | officer
submitted under paragraph (d), the Secretary of State |
10 | | shall enter the
statutory summary suspension or revocation and |
11 | | disqualification for the periods specified in Sections
6-208.1 |
12 | | and 6-514, respectively,
and effective as provided in paragraph |
13 | | (g). |
14 | | If the person is a first offender as defined in Section |
15 | | 11-500 of this
Code, and is not convicted of a violation of |
16 | | Section 11-501
of this Code or a similar provision of a local |
17 | | ordinance, then reports
received by the Secretary of State |
18 | | under this Section shall, except during
the actual time the |
19 | | Statutory Summary Suspension is in effect, be
privileged |
20 | | information and for use only by the courts, police officers,
|
21 | | prosecuting authorities or the Secretary of State, unless the |
22 | | person is a CDL holder, is operating a commercial motor vehicle |
23 | | or vehicle required to be placarded for hazardous materials, in |
24 | | which case the suspension shall not be privileged. Reports |
25 | | received by the Secretary of State under this Section shall |
26 | | also be made available to the parent or guardian of a person |
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1 | | under the age of 18 years that holds an instruction permit or a |
2 | | graduated driver's license, regardless of whether the |
3 | | statutory summary suspension is in effect. A statutory summary |
4 | | revocation shall not be privileged information. |
5 | | (f) The law enforcement officer submitting the sworn report |
6 | | under paragraph
(d) shall serve immediate notice of the |
7 | | statutory summary suspension or revocation on the
person and |
8 | | the suspension or revocation and disqualification shall be |
9 | | effective as provided in paragraph (g). |
10 | | (1) In
cases involving a person who is not a CDL holder |
11 | | where the blood alcohol concentration of 0.08 or greater or
|
12 | | any amount of
a drug, substance, or compound resulting from |
13 | | the unlawful use or consumption
of cannabis as covered by |
14 | | the Cannabis Control Act, a controlled
substance
listed in |
15 | | the Illinois Controlled Substances Act,
an intoxicating |
16 | | compound
listed in the Use of Intoxicating Compounds Act, |
17 | | or methamphetamine as listed in the Methamphetamine |
18 | | Control and Community Protection Act is established by a
|
19 | | subsequent
analysis of blood , other bodily substance, or |
20 | | urine or analysis of whole blood or other bodily substance |
21 | | establishes a tetrahydrocannabinol concentration as |
22 | | defined in paragraph 6 of subsection (a) of Section |
23 | | 11-501.2 of this Code, collected at the time of arrest, the |
24 | | arresting
officer or arresting agency shall give notice as |
25 | | provided in this Section or by
deposit in the United States |
26 | | mail of the notice in an envelope with postage
prepaid and |
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1 | | addressed to the person at his or her address as shown on |
2 | | the Uniform
Traffic Ticket and the statutory summary |
3 | | suspension and disqualification shall begin as provided in
|
4 | | paragraph (g). |
5 | | (1.3) In cases involving a person who is a CDL holder |
6 | | where the blood alcohol concentration of 0.08 or greater or
|
7 | | any amount of
a drug, substance, or compound resulting from |
8 | | the unlawful use or consumption
of cannabis as covered by |
9 | | the Cannabis Control Act, a controlled
substance
listed in |
10 | | the Illinois Controlled Substances Act,
an intoxicating |
11 | | compound
listed in the Use of Intoxicating Compounds Act, |
12 | | or methamphetamine as listed in the Methamphetamine |
13 | | Control and Community Protection Act is established by a
|
14 | | subsequent
analysis of blood, other bodily substance, or |
15 | | urine collected at the time of arrest, the arresting
|
16 | | officer or arresting agency shall give notice as provided |
17 | | in this Section or by
deposit in the United States mail of |
18 | | the notice in an envelope with postage
prepaid and |
19 | | addressed to the person at his or her address as shown on |
20 | | the Uniform
Traffic Ticket and the statutory summary |
21 | | suspension and disqualification shall begin as provided in
|
22 | | paragraph (g). |
23 | | (1.5) The officer shall confiscate any Illinois |
24 | | driver's license or
permit on the person at the time of |
25 | | arrest. If the person has a valid driver's
license or |
26 | | permit, the officer shall issue the person a receipt, in
a |
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1 | | form prescribed by the Secretary of State, that will allow |
2 | | that person
to drive during the periods provided for in |
3 | | paragraph (g). The officer
shall immediately forward the |
4 | | driver's license or permit to the circuit
court of venue |
5 | | along with the sworn report provided for in
paragraph (d). |
6 | | (2) (Blank). |
7 | | (g) The statutory summary suspension or revocation and |
8 | | disqualification
referred to in this Section shall
take effect |
9 | | on the 46th day following the date the notice of the statutory
|
10 | | summary suspension or revocation was given to the person. |
11 | | (h) The following procedure shall apply
whenever a person |
12 | | is arrested for any offense as defined in Section 11-501
or a |
13 | | similar provision of a local ordinance: |
14 | | Upon receipt of the sworn report from the law enforcement |
15 | | officer,
the Secretary of State shall confirm the statutory |
16 | | summary suspension or revocation by
mailing a notice of the |
17 | | effective date of the suspension or revocation to the person |
18 | | and
the court of venue. The Secretary of State shall also mail |
19 | | notice of the effective date of the disqualification to the |
20 | | person. However, should the sworn report be defective by not
|
21 | | containing sufficient information or be completed in error, the
|
22 | | confirmation of the statutory summary suspension or revocation |
23 | | shall not be mailed to the
person or entered to the record; |
24 | | instead, the sworn report shall
be
forwarded to the court of |
25 | | venue with a copy returned to the issuing agency
identifying |
26 | | any defect. |
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1 | | (i) As used in this Section, "personal injury" includes any |
2 | | Type A injury as indicated on the traffic accident report |
3 | | completed by a law enforcement officer that requires immediate |
4 | | professional attention in either a doctor's office or a medical |
5 | | facility. A Type A injury includes severely bleeding wounds, |
6 | | distorted extremities, and injuries that require the injured |
7 | | party to be carried from the scene. |
8 | | (Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; |
9 | | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff. |
10 | | 1-12-15.)
|
11 | | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
|
12 | | Sec. 11-501.2. Chemical and other tests.
|
13 | | (a) Upon the trial of any civil or criminal action or |
14 | | proceeding arising out
of an arrest for an offense as defined |
15 | | in Section 11-501 or a similar local
ordinance or proceedings |
16 | | pursuant to Section 2-118.1, evidence of the
concentration of |
17 | | alcohol, other drug or drugs, or intoxicating compound or
|
18 | | compounds, or any combination thereof in a person's blood
or |
19 | | breath at the time alleged, as determined by analysis of the |
20 | | person's blood,
urine, breath , or other bodily substance, shall |
21 | | be admissible. Where such test
is made the following provisions |
22 | | shall apply:
|
23 | | 1. Chemical analyses of the person's blood, urine, |
24 | | breath , or other bodily
substance to be considered valid |
25 | | under the provisions of this Section shall
have been |
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1 | | performed according to standards promulgated by the |
2 | | Department of State Police
by
a licensed physician, |
3 | | registered nurse, trained phlebotomist, licensed |
4 | | paramedic, or other individual
possessing a valid permit |
5 | | issued by that Department for
this purpose. The Director of |
6 | | State Police is authorized to approve satisfactory
|
7 | | techniques or methods, to ascertain the qualifications and |
8 | | competence of
individuals to conduct such analyses, to |
9 | | issue permits which shall be subject
to termination or |
10 | | revocation at the discretion of that Department and to
|
11 | | certify the accuracy of breath testing equipment. The |
12 | | Department
of
State Police shall prescribe regulations as |
13 | | necessary to
implement this
Section.
|
14 | | 2. When a person in this State shall submit to a blood |
15 | | test at the request
of a law enforcement officer under the |
16 | | provisions of Section 11-501.1, only a
physician |
17 | | authorized to practice medicine, a licensed physician |
18 | | assistant, a licensed advanced practice nurse, a |
19 | | registered nurse, trained
phlebotomist, or licensed |
20 | | paramedic, or other
qualified person approved by the |
21 | | Department of State Police may withdraw blood
for the |
22 | | purpose of determining the alcohol, drug, or alcohol and |
23 | | drug content
therein. This limitation shall not apply to |
24 | | the taking of breath , other bodily substance, or urine
|
25 | | specimens.
|
26 | | When a blood test of a person who has been taken to an |
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1 | | adjoining state
for medical treatment is requested by an |
2 | | Illinois law enforcement officer,
the blood may be |
3 | | withdrawn only by a physician authorized to practice
|
4 | | medicine in the adjoining state, a licensed physician |
5 | | assistant, a licensed advanced practice nurse, a |
6 | | registered nurse, a trained
phlebotomist acting under the |
7 | | direction of the physician, or licensed
paramedic. The law
|
8 | | enforcement officer requesting the test shall take custody |
9 | | of the blood
sample, and the blood sample shall be analyzed |
10 | | by a laboratory certified by the
Department of State Police |
11 | | for that purpose.
|
12 | | 3. The person tested may have a physician, or a |
13 | | qualified technician,
chemist, registered nurse, or other |
14 | | qualified person of their own choosing
administer a |
15 | | chemical test or tests in addition to any administered at |
16 | | the
direction of a law enforcement officer. The failure or |
17 | | inability to obtain
an additional test by a person shall |
18 | | not preclude the admission of evidence
relating to the test |
19 | | or tests taken at the direction of a law enforcement
|
20 | | officer.
|
21 | | 4. Upon the request of the person who shall submit to a |
22 | | chemical test
or tests at the request of a law enforcement |
23 | | officer, full information
concerning the test or tests |
24 | | shall be made available to the person or such
person's |
25 | | attorney.
|
26 | | 5. Alcohol concentration shall mean either grams of |
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1 | | alcohol per 100
milliliters of blood or grams of alcohol |
2 | | per 210 liters of breath.
|
3 | | 6. Tetrahydrocannabinol concentration means either 15 |
4 | | nanograms or more of delta-9-tetrahydrocannabinol per |
5 | | milliliter of whole blood or 25 nanograms or more of |
6 | | delta-9-tetrahydrocannabinol per milliliter of other |
7 | | bodily substance. |
8 | | (a-5) Law enforcement officials may use standardized field |
9 | | sobriety tests approved by the National Highway Traffic Safety |
10 | | Administration when conducting investigations of a violation |
11 | | of Section 11-501 or similar local ordinance by drivers |
12 | | suspected of driving under the influence of cannabis. The |
13 | | General Assembly finds that standardized field sobriety tests |
14 | | approved by the National Highway Traffic Safety Administration |
15 | | are divided attention tasks that are intended to determine if a |
16 | | person is under the influence of cannabis. The purpose of these |
17 | | tests is to determine the effect of the use of cannabis on a |
18 | | person's capacity to think and act with ordinary care and |
19 | | therefore operate a motor vehicle safely. Therefore, the |
20 | | results of these standardized field sobriety tests, |
21 | | appropriately administered, shall be admissible in the trial of |
22 | | any civil or criminal action or proceeding arising out of an |
23 | | arrest for a cannabis-related offense as defined in Section |
24 | | 11-501 or a similar local ordinance or proceedings under |
25 | | Section 2-118.1 or 2-118.2. Where a test is made the following |
26 | | provisions shall apply: |
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1 | | 1. The person tested may have a physician, or a |
2 | | qualified technician, chemist, registered nurse, or other |
3 | | qualified person of their own choosing administer a |
4 | | chemical test or tests in addition to the standardized |
5 | | field sobriety test or tests administered at the direction |
6 | | of a law enforcement officer. The failure or inability to |
7 | | obtain an additional test by a person does not preclude the |
8 | | admission of evidence relating to the test or tests taken |
9 | | at the direction of a law enforcement officer. |
10 | | 2. Upon the request of the person who shall submit to a |
11 | | standardized field sobriety test or tests at the request of |
12 | | a law enforcement officer, full information concerning the |
13 | | test or tests shall be made available to the person or the |
14 | | person's attorney. |
15 | | 3. At the trial of any civil or criminal action or |
16 | | proceeding arising out of an arrest for an offense as |
17 | | defined in Section 11-501 or a similar local ordinance or |
18 | | proceedings under Section 2-118.1 or 2-118.2 in which the |
19 | | results of these standardized field sobriety tests are |
20 | | admitted, the cardholder may present and the trier of fact |
21 | | may consider evidence that the card holder lacked the |
22 | | physical capacity to perform the standardized field |
23 | | sobriety tests. |
24 | | (b) Upon the trial of any civil or criminal action or |
25 | | proceeding arising
out of acts alleged to have been committed |
26 | | by any person while driving or
in actual physical control of a |
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1 | | vehicle while under the influence of alcohol,
the concentration |
2 | | of alcohol in the person's blood or breath at the time
alleged |
3 | | as shown by analysis of the person's blood, urine, breath, or |
4 | | other
bodily substance shall give rise to the following |
5 | | presumptions:
|
6 | | 1. If there was at that time an alcohol concentration |
7 | | of 0.05 or less,
it shall be presumed that the person was |
8 | | not under the influence of alcohol.
|
9 | | 2. If there was at that time an alcohol concentration |
10 | | in excess of 0.05
but less than 0.08, such facts shall not |
11 | | give rise to any
presumption that
the person was or was not |
12 | | under the influence of alcohol, but such fact
may be |
13 | | considered with other competent evidence in determining |
14 | | whether the
person was under the influence of alcohol.
|
15 | | 3. If there was at that time an alcohol concentration |
16 | | of 0.08
or more,
it shall be presumed that the person was |
17 | | under the influence of alcohol.
|
18 | | 4. The foregoing provisions of this Section shall not |
19 | | be construed as
limiting the introduction of any other |
20 | | relevant evidence bearing upon the
question whether the |
21 | | person was under the influence of alcohol.
|
22 | | (b-5) Upon the trial of any civil or criminal action or |
23 | | proceeding arising out of acts alleged to have been committed |
24 | | by any person while driving or in actual physical control of a |
25 | | vehicle while under the influence of alcohol, other drug or |
26 | | drugs, intoxicating compound or compounds or any combination |
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1 | | thereof, the concentration of cannabis in the person's whole |
2 | | blood or other bodily substance at the time alleged as shown by |
3 | | analysis of the person's blood or other bodily substance shall |
4 | | give rise to the following presumptions: |
5 | | 1. If there was a tetrahydrocannabinol concentration |
6 | | of 15 nanograms or more in whole blood or 25 nanograms or |
7 | | more in an other bodily substance as defined in this |
8 | | Section, it shall be presumed that the person was under the |
9 | | influence of cannabis. |
10 | | 2. If there was at that time a tetrahydrocannabinol |
11 | | concentration of less than 15 nanograms in whole blood or |
12 | | less than 25 nanograms in an other bodily substance, such |
13 | | facts shall not give rise to any
presumption that
the |
14 | | person was or was not under the influence of cannabis, but |
15 | | such fact
may be considered with other competent evidence |
16 | | in determining whether the
person was under the influence |
17 | | of cannabis.
|
18 | | (c) 1. If a person under arrest refuses to submit to a |
19 | | chemical test
under
the provisions of Section 11-501.1, |
20 | | evidence of refusal shall be admissible
in any civil or |
21 | | criminal action or proceeding arising out of acts alleged
to |
22 | | have been committed while the person under the influence of |
23 | | alcohol,
other drug or drugs, or intoxicating compound or |
24 | | compounds, or
any combination thereof was driving or in actual |
25 | | physical
control of a motor vehicle.
|
26 | | 2. Notwithstanding any ability to refuse under this Code to |
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1 | | submit to
these tests or any ability to revoke the implied |
2 | | consent to these tests, if a
law enforcement officer has |
3 | | probable cause to believe that a motor vehicle
driven by or in |
4 | | actual physical control of a person under the influence of
|
5 | | alcohol, other drug or drugs, or intoxicating compound or
|
6 | | compounds,
or any combination thereof
has caused the death or
|
7 | | personal injury to another, the law enforcement officer shall |
8 | | request, and that person shall submit, upon the request of a |
9 | | law
enforcement officer, to a chemical test or tests of his or |
10 | | her blood, breath , other bodily substance, or
urine for the |
11 | | purpose of
determining the alcohol content thereof or the |
12 | | presence of any other drug or
combination of both.
|
13 | | This provision does not affect the applicability of or |
14 | | imposition of driver's
license sanctions under Section |
15 | | 11-501.1 of this Code.
|
16 | | 3. For purposes of this Section, a personal injury includes |
17 | | any Type A
injury as indicated on the traffic accident report |
18 | | completed by a law
enforcement officer that requires immediate |
19 | | professional attention in either a
doctor's office or a medical |
20 | | facility. A Type A injury includes severe
bleeding wounds, |
21 | | distorted extremities, and injuries that require the injured
|
22 | | party to be carried from the scene.
|
23 | | (d) If a person refuses standardized field sobriety tests |
24 | | under Section 11-501.9 of this Code, evidence of refusal shall |
25 | | be admissible in any civil or criminal action or proceeding |
26 | | arising out of acts committed while the person was driving or |
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1 | | in actual physical control of a vehicle and alleged to have |
2 | | been impaired by the use of cannabis. |
3 | | (e) Department of State Police compliance with the changes |
4 | | in this amendatory Act of the 99th General Assembly concerning |
5 | | testing of other bodily substances and tetrahydrocannabinol |
6 | | concentration by Department of State Police laboratories is |
7 | | subject to appropriation and until the Department of State |
8 | | Police adopt standards and completion validation. Any |
9 | | laboratories that test for the presence of cannabis or other |
10 | | drugs under this Article, the Snowmobile Registration and |
11 | | Safety Act, or the Boat Registration and Safety Act must comply |
12 | | with ISO/IEC 17025:2005. |
13 | | (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; |
14 | | 97-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff. |
15 | | 8-15-14; 98-1172, eff. 1-12-15.)
|
16 | | (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
|
17 | | Sec. 11-501.4.
Admissibility of chemical tests of blood , |
18 | | other bodily substance, or urine conducted in
the regular |
19 | | course of providing emergency medical treatment.
|
20 | | (a) Notwithstanding any other provision of law, the results |
21 | | of
blood , other bodily substance, or urine tests performed for |
22 | | the purpose of determining the content of alcohol,
other drug |
23 | | or drugs, or intoxicating compound or compounds, or any
|
24 | | combination thereof, of an individual's blood , other bodily |
25 | | substance, or urine conducted upon persons
receiving
medical |
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1 | | treatment in a hospital emergency room are admissible in |
2 | | evidence as a
business record exception to the hearsay rule |
3 | | only in prosecutions for any
violation of Section 11-501 of |
4 | | this Code or a similar provision of a local
ordinance, or in |
5 | | prosecutions for reckless homicide brought under the Criminal
|
6 | | Code of 1961 or the Criminal Code of 2012, when each of the |
7 | | following criteria are met:
|
8 | | (1) the chemical tests performed upon an individual's |
9 | | blood , other bodily substance, or urine were ordered
in the
|
10 | | regular course of providing emergency medical treatment |
11 | | and not at the
request of law enforcement authorities;
|
12 | | (2) the chemical tests performed upon an individual's |
13 | | blood , other bodily substance, or urine were performed
by |
14 | | the laboratory routinely used by the hospital; and
|
15 | | (3) results of chemical tests performed upon an |
16 | | individual's blood , other bodily substance, or urine are
|
17 | | admissible into evidence regardless of the time that the |
18 | | records were
prepared.
|
19 | | (b) The confidentiality provisions of law pertaining to |
20 | | medical records
and medical treatment shall not be applicable |
21 | | with regard to chemical tests
performed upon an individual's |
22 | | blood , other bodily substance, or urine under the provisions of |
23 | | this Section in
prosecutions as specified in subsection (a) of |
24 | | this Section. No person shall
be liable for civil damages as a |
25 | | result of the evidentiary use of chemical
testing of an |
26 | | individual's blood , other bodily substance, or urine test |
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1 | | results under this Section, or as a
result of that person's |
2 | | testimony made available under this Section.
|
3 | | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
|
4 | | (625 ILCS 5/11-501.4-1)
|
5 | | Sec. 11-501.4-1.
Reporting of test results of blood , other |
6 | | bodily substance, or urine conducted in
the regular course of |
7 | | providing emergency medical treatment.
|
8 | | (a) Notwithstanding any other provision of law, the results |
9 | | of blood , other bodily substance, or
urine
tests performed for |
10 | | the purpose of determining the content of alcohol, other
drug |
11 | | or drugs, or intoxicating compound or compounds, or any |
12 | | combination
thereof, in an individual's blood , other bodily |
13 | | substance, or urine conducted upon persons
receiving medical |
14 | | treatment in a hospital emergency room for injuries resulting
|
15 | | from a motor vehicle accident shall be disclosed
to the |
16 | | Department
of State Police
or local law enforcement agencies of |
17 | | jurisdiction, upon request.
Such blood , other bodily |
18 | | substance, or urine tests are admissible in evidence as a |
19 | | business record
exception to the hearsay rule only in |
20 | | prosecutions for any violation of Section
11-501 of this Code |
21 | | or a similar provision of a local ordinance, or in
prosecutions |
22 | | for reckless homicide brought under the Criminal Code of 1961 |
23 | | or the Criminal Code of 2012.
|
24 | | (b) The confidentiality provisions of law pertaining to |
25 | | medical records and
medical treatment shall not be applicable |
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1 | | with regard to tests performed upon
an
individual's blood , |
2 | | other bodily substance, or urine under the provisions of |
3 | | subsection (a) of this
Section. No person shall be liable for |
4 | | civil damages or professional discipline
as a result of the |
5 | | disclosure or reporting of the tests or the evidentiary
use of |
6 | | an
individual's blood , other bodily substance, or urine test |
7 | | results under this Section or Section 11-501.4
or as a result |
8 | | of that person's testimony made available under this Section or
|
9 | | Section 11-501.4, except for willful or wanton misconduct.
|
10 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
11 | | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
|
12 | | Sec. 11-501.6. Driver involvement in personal injury or |
13 | | fatal motor
vehicle accident; chemical test. |
14 | | (a) Any person who drives or is in actual control of a |
15 | | motor vehicle
upon the public highways of this State and who |
16 | | has been involved in a
personal injury or fatal motor vehicle |
17 | | accident, shall be deemed to have
given consent to a breath |
18 | | test using a portable device as approved by the
Department of |
19 | | State Police or to a chemical test or tests
of blood, breath, |
20 | | other bodily substance, or
urine for the purpose of determining |
21 | | the content of alcohol,
other
drug or drugs, or intoxicating |
22 | | compound or compounds of such
person's blood if arrested as |
23 | | evidenced by the issuance of a Uniform Traffic
Ticket for any |
24 | | violation of the Illinois Vehicle Code or a similar provision |
25 | | of
a local ordinance, with the exception of equipment |
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1 | | violations contained in
Chapter 12 of this Code, or similar |
2 | | provisions of local ordinances. The test
or tests shall be |
3 | | administered at the direction of the arresting officer. The
law |
4 | | enforcement agency employing the officer shall designate which |
5 | | of the
aforesaid tests shall be administered. Up to 2 |
6 | | additional tests of A urine or other bodily substance test may |
7 | | be administered even
after a blood or breath test or both has |
8 | | been administered. Compliance with
this Section does not |
9 | | relieve such person from the requirements of Section
11-501.1 |
10 | | of this Code. |
11 | | (b) Any person who is dead, unconscious or who is otherwise |
12 | | in a
condition rendering such person incapable of refusal shall |
13 | | be deemed not to
have withdrawn the consent provided by |
14 | | subsection (a) of this Section. In
addition, if a driver of a |
15 | | vehicle is receiving medical treatment as a
result of a motor |
16 | | vehicle accident, any physician licensed to practice
medicine, |
17 | | licensed physician assistant, licensed advanced practice |
18 | | nurse, registered nurse or a phlebotomist acting under the |
19 | | direction of
a licensed physician shall withdraw blood for |
20 | | testing purposes to ascertain
the presence of alcohol, other |
21 | | drug or drugs, or intoxicating
compound or compounds, upon the |
22 | | specific request of a law
enforcement officer. However, no such |
23 | | testing shall be performed until, in
the opinion of the medical |
24 | | personnel on scene, the withdrawal can be made
without |
25 | | interfering with or endangering the well-being of the patient. |
26 | | (c) A person requested to submit to a test as provided |
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1 | | above shall be
warned by the law enforcement officer requesting |
2 | | the test that a refusal to
submit to the test, or submission to |
3 | | the test resulting in an alcohol
concentration of 0.08 or more, |
4 | | or testing discloses the presence of cannabis as listed in the |
5 | | Cannabis Control Act with a tetrahydrocannabinol concentration |
6 | | as defined in paragraph 6 of subsection (a) of Section 11-501.2 |
7 | | of this Code, or any amount of a drug, substance,
or |
8 | | intoxicating compound
resulting from the unlawful use or |
9 | | consumption of cannabis, as covered by the
Cannabis Control |
10 | | Act, a controlled substance listed in the Illinois
Controlled |
11 | | Substances Act, an intoxicating compound listed in the Use of
|
12 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
13 | | Methamphetamine Control and Community Protection Act as |
14 | | detected in such person's blood , other bodily substance, or |
15 | | urine, may
result in the suspension of such person's privilege |
16 | | to operate a motor vehicle . If the person is also a CDL holder |
17 | | he or she shall be
warned by the law enforcement officer |
18 | | requesting the test that a refusal to
submit to the test, or |
19 | | submission to the test resulting in an alcohol
concentration of |
20 | | 0.08 or more, or any amount of a drug, substance,
or |
21 | | intoxicating compound
resulting from the unlawful use or |
22 | | consumption of cannabis, as covered by the
Cannabis Control |
23 | | Act, a controlled substance listed in the Illinois
Controlled |
24 | | Substances Act, an intoxicating compound listed in the Use of
|
25 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
26 | | Methamphetamine Control and Community Protection Act as |
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1 | | detected in the person's blood, other bodily substance, or |
2 | | urine, and may result in the disqualification of the person's |
3 | | privilege to operate a commercial motor vehicle, as provided in |
4 | | Section 6-514 of this Code , if the person is a CDL holder .
The |
5 | | length of the suspension shall be the same as outlined in |
6 | | Section
6-208.1 of this Code regarding statutory summary |
7 | | suspensions. |
8 | | (d) If the person refuses testing or submits to a test |
9 | | which discloses
an alcohol concentration of 0.08 or more, the |
10 | | presence of cannabis as listed in the Cannabis Control Act with |
11 | | a tetrahydrocannabinol concentration as defined in paragraph 6 |
12 | | of subsection (a) of Section 11-501.2 of this Code, or any |
13 | | amount of a drug,
substance,
or intoxicating compound in such |
14 | | person's blood , other bodily substance, or urine resulting from |
15 | | the
unlawful use or
consumption of cannabis listed in the |
16 | | Cannabis Control Act, a controlled
substance listed in the |
17 | | Illinois Controlled Substances Act, an
intoxicating
compound |
18 | | listed in the Use of Intoxicating Compounds Act, or |
19 | | methamphetamine as listed in the Methamphetamine Control and |
20 | | Community Protection Act, the law
enforcement officer shall |
21 | | immediately submit a sworn report to the Secretary of
State on |
22 | | a form prescribed by the Secretary, certifying that the test or |
23 | | tests
were requested under pursuant to subsection (a) and the |
24 | | person refused to submit to a
test or tests or submitted to |
25 | | testing which disclosed an alcohol concentration
of 0.08 or |
26 | | more, the presence of cannabis as listed in the Cannabis |
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1 | | Control Act with a tetrahydrocannabinol concentration as |
2 | | defined in paragraph 6 of subsection (a) of Section 11-501.2 of |
3 | | this Code, or any amount of a drug, substance, or intoxicating
|
4 | | compound
in such
person's blood , other bodily substance, or |
5 | | urine, resulting from the unlawful use or consumption of
|
6 | | cannabis listed in the Cannabis Control Act, a controlled |
7 | | substance
listed in
the Illinois Controlled Substances Act,
an |
8 | | intoxicating compound listed in
the Use of Intoxicating |
9 | | Compounds Act, or methamphetamine as listed in the |
10 | | Methamphetamine Control and Community Protection Act. If the |
11 | | person is also a CDL holder and refuses testing or submits to a |
12 | | test which discloses
an alcohol concentration of 0.08 or more, |
13 | | or any amount of a drug,
substance,
or intoxicating compound in |
14 | | the person's blood or urine resulting from the
unlawful use or
|
15 | | consumption of cannabis listed in the Cannabis Control Act, a |
16 | | controlled
substance listed in the Illinois Controlled |
17 | | Substances Act, an
intoxicating
compound listed in the Use of |
18 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
19 | | Methamphetamine Control and Community Protection Act, the law
|
20 | | enforcement officer shall immediately submit a sworn report to |
21 | | the Secretary of
State on a form prescribed by the Secretary, |
22 | | certifying that the test or tests
were requested under |
23 | | subsection (a) and the person refused to submit to a
test or |
24 | | tests or submitted to testing which disclosed an alcohol |
25 | | concentration
of 0.08 or more, or any amount of a drug, |
26 | | substance, or intoxicating
compound
in such
person's blood or |
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1 | | urine, resulting from the unlawful use or consumption of
|
2 | | cannabis listed in the Cannabis Control Act, a controlled |
3 | | substance
listed in
the Illinois Controlled Substances Act,
an |
4 | | intoxicating compound listed in
the Use of Intoxicating |
5 | | Compounds Act, or methamphetamine as listed in the |
6 | | Methamphetamine Control and Community Protection Act. |
7 | | Upon receipt of the sworn report of a law enforcement |
8 | | officer, the
Secretary shall enter the suspension and |
9 | | disqualification to the individual's driving record and the
|
10 | | suspension and disqualification shall be effective on the 46th |
11 | | day following the date notice of the
suspension was given to |
12 | | the person. |
13 | | The law enforcement officer submitting the sworn report |
14 | | shall serve immediate
notice of this suspension on the person |
15 | | and such suspension and disqualification shall be effective
on |
16 | | the 46th day following the date notice was given. |
17 | | In cases involving a person who is not a CDL holder where |
18 | | the blood alcohol concentration of 0.08 or more, or blood |
19 | | testing discloses the presence of cannabis as listed in the |
20 | | Cannabis Control Act with a tetrahydrocannabinol concentration |
21 | | as defined in paragraph 6 of subsection (a) of Section 11-501.2 |
22 | | of this Code,
or any amount
of a drug, substance, or |
23 | | intoxicating compound resulting from the unlawful
use or
|
24 | | consumption of cannabis as listed in the Cannabis Control Act, |
25 | | a
controlled
substance listed in the Illinois Controlled |
26 | | Substances Act,
an
intoxicating
compound listed in the Use of |
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1 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
2 | | Methamphetamine Control and Community Protection Act, is |
3 | | established by a
subsequent analysis of blood , other bodily |
4 | | substance, or urine collected at the time of arrest, the
|
5 | | arresting officer shall give notice as provided in this Section |
6 | | or by deposit
in the United States mail of such notice in an |
7 | | envelope with postage prepaid
and addressed to such person at |
8 | | his or her address as shown on the Uniform Traffic
Ticket and |
9 | | the suspension and disqualification shall be effective on the |
10 | | 46th day following the date
notice was given. |
11 | | In cases involving a person who is a CDL holder where the |
12 | | blood alcohol concentration of 0.08 or more,
or any amount
of a |
13 | | drug, substance, or intoxicating compound resulting from the |
14 | | unlawful
use or
consumption of cannabis as listed in the |
15 | | Cannabis Control Act, a
controlled
substance listed in the |
16 | | Illinois Controlled Substances Act,
an
intoxicating
compound |
17 | | listed in the Use of Intoxicating Compounds Act, or |
18 | | methamphetamine as listed in the Methamphetamine Control and |
19 | | Community Protection Act, is established by a
subsequent |
20 | | analysis of blood, other bodily substance, or urine collected |
21 | | at the time of arrest, the
arresting officer shall give notice |
22 | | as provided in this Section or by deposit
in the United States |
23 | | mail of such notice in an envelope with postage prepaid
and |
24 | | addressed to the person at his or her address as shown on the |
25 | | Uniform Traffic
Ticket and the suspension and disqualification |
26 | | shall be effective on the 46th day following the date
notice |
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1 | | was given. |
2 | | Upon receipt of the sworn report of a law enforcement |
3 | | officer, the Secretary
shall also give notice of the suspension |
4 | | and disqualification to the driver by mailing a notice of
the |
5 | | effective date of the suspension and disqualification to the |
6 | | individual. However, should the
sworn report be defective by |
7 | | not containing sufficient information or be
completed in error, |
8 | | the notice of the suspension and disqualification shall not be |
9 | | mailed to the
person or entered to the driving record, but |
10 | | rather the sworn report shall be
returned to the issuing law |
11 | | enforcement agency. |
12 | | (e) A driver may contest this suspension of his or her
|
13 | | driving privileges and disqualification of his or her CDL |
14 | | privileges by
requesting an administrative hearing with the |
15 | | Secretary in accordance with
Section 2-118 of this Code. At the |
16 | | conclusion of a hearing held under
Section 2-118 of this Code, |
17 | | the Secretary may rescind, continue, or modify the
orders
of |
18 | | suspension and disqualification. If the Secretary does not |
19 | | rescind the orders of suspension and disqualification, a |
20 | | restricted
driving permit may be granted by the Secretary upon |
21 | | application being made and
good cause shown. A restricted |
22 | | driving permit may be granted to relieve undue
hardship to |
23 | | allow driving for employment, educational, and medical |
24 | | purposes as
outlined in Section 6-206 of this Code. The |
25 | | provisions of Section 6-206 of
this Code shall apply. In |
26 | | accordance with 49 C.F.R. 384, the Secretary of State may not |
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1 | | issue a restricted driving permit for the operation of a |
2 | | commercial motor vehicle to a person holding a CDL whose |
3 | | driving privileges have been suspended, revoked, cancelled, or |
4 | | disqualified.
|
5 | | (f) (Blank). |
6 | | (g) For the purposes of this Section, a personal injury |
7 | | shall include
any type A injury as indicated on the traffic |
8 | | accident report completed
by a law enforcement officer that |
9 | | requires immediate professional attention
in either a doctor's |
10 | | office or a medical facility. A type A injury shall
include |
11 | | severely bleeding wounds, distorted extremities, and injuries |
12 | | that
require the injured party to be carried from the scene. |
13 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11; |
14 | | 97-835, eff. 7-20-12.)
|
15 | | (625 ILCS 5/11-501.8)
|
16 | | Sec. 11-501.8. Suspension of driver's license; persons |
17 | | under age 21.
|
18 | | (a) A person who is less than 21 years of age and who |
19 | | drives or
is in actual physical control of a motor vehicle upon |
20 | | the
public highways of this State shall be deemed to have given |
21 | | consent to a
chemical test or tests of blood, breath, other |
22 | | bodily substance, or urine for the purpose of
determining the |
23 | | alcohol content of the person's blood if arrested, as evidenced
|
24 | | by the issuance of a Uniform Traffic Ticket for any violation |
25 | | of the Illinois
Vehicle Code or a similar provision of a local |
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1 | | ordinance, if a police officer
has probable cause to believe |
2 | | that the driver has consumed any amount of an
alcoholic |
3 | | beverage based upon evidence of the driver's physical condition |
4 | | or
other first hand knowledge of the police officer. The test |
5 | | or tests shall be
administered at the direction of the |
6 | | arresting officer. The law enforcement
agency employing the |
7 | | officer shall designate which of the aforesaid tests shall
be |
8 | | administered. Up to 2 additional tests of A urine or other |
9 | | bodily substance test may be administered even after a blood or
|
10 | | breath test or both has been administered.
|
11 | | (b) A person who is dead, unconscious, or who is otherwise |
12 | | in a condition
rendering that person incapable of refusal, |
13 | | shall be deemed not to have
withdrawn the consent provided by |
14 | | paragraph (a) of this Section and the test or
tests may be |
15 | | administered subject to the following provisions:
|
16 | | (i) Chemical analysis of the person's blood, urine, |
17 | | breath, or
other bodily substance, to be considered valid |
18 | | under the provisions of this
Section, shall have been |
19 | | performed according to standards promulgated by the |
20 | | Department of State
Police
by an individual possessing a |
21 | | valid permit issued by that Department for this
purpose. |
22 | | The Director of State Police is authorized to approve |
23 | | satisfactory
techniques or methods, to ascertain the |
24 | | qualifications and competence of
individuals to conduct |
25 | | analyses, to issue permits that shall be subject to
|
26 | | termination or revocation at the direction of that |
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1 | | Department, and to certify
the accuracy of breath testing |
2 | | equipment. The Department of
State Police shall prescribe |
3 | | regulations as necessary.
|
4 | | (ii) When a person submits to a blood test at the |
5 | | request of a law
enforcement officer under the provisions |
6 | | of this Section, only a physician
authorized to practice |
7 | | medicine, a licensed physician assistant, a licensed |
8 | | advanced practice nurse, a registered nurse, or other |
9 | | qualified person
trained in venipuncture and acting under |
10 | | the direction of a licensed physician
may withdraw blood |
11 | | for the purpose of determining the alcohol content therein.
|
12 | | This limitation does not apply to the taking of breath , |
13 | | other bodily substance, or urine specimens.
|
14 | | (iii) The person tested may have a physician, qualified |
15 | | technician,
chemist, registered nurse, or other qualified |
16 | | person of his or her own choosing
administer a chemical |
17 | | test or tests in addition to any test or tests
administered |
18 | | at the direction of a law enforcement officer. The failure |
19 | | or
inability to obtain an additional test by a person shall |
20 | | not preclude the
consideration of the previously performed |
21 | | chemical test.
|
22 | | (iv) Upon a request of the person who submits to a |
23 | | chemical test or
tests at the request of a law enforcement |
24 | | officer, full information concerning
the test or tests |
25 | | shall be made available to the person or that person's
|
26 | | attorney.
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1 | | (v) Alcohol concentration means either grams of |
2 | | alcohol per 100
milliliters of blood or grams of alcohol |
3 | | per 210 liters of breath.
|
4 | | (vi) If a driver is receiving medical treatment as a |
5 | | result of a motor
vehicle accident, a physician licensed to |
6 | | practice medicine, licensed physician assistant, licensed |
7 | | advanced practice nurse, registered nurse,
or other |
8 | | qualified person trained in venipuncture and
acting under |
9 | | the direction of a licensed physician shall
withdraw blood |
10 | | for testing purposes to ascertain the presence of alcohol |
11 | | upon
the specific request of a law enforcement officer. |
12 | | However, that testing
shall not be performed until, in the |
13 | | opinion of the medical personnel on scene,
the withdrawal |
14 | | can be made without interfering with or endangering the
|
15 | | well-being of the patient.
|
16 | | (c) A person requested to submit to a test as provided |
17 | | above shall be warned
by the law enforcement officer requesting |
18 | | the test that a refusal to submit to
the test, or submission to |
19 | | the test resulting in an alcohol concentration of
more than |
20 | | 0.00, may result in the loss of that person's privilege to |
21 | | operate a
motor vehicle and may result in the disqualification |
22 | | of the person's privilege to operate a commercial motor |
23 | | vehicle, as provided in Section 6-514 of this Code, if the |
24 | | person is a CDL holder. The loss of driving privileges shall be |
25 | | imposed in accordance
with Section 6-208.2 of this Code.
|
26 | | (d) If the person refuses testing or submits to a test that |
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1 | | discloses an
alcohol concentration of more than 0.00, the law |
2 | | enforcement officer shall
immediately submit a sworn report to |
3 | | the Secretary of State on a form
prescribed by the Secretary of |
4 | | State, certifying that the test or tests were
requested under |
5 | | subsection (a) and the person refused to submit to a test
or |
6 | | tests or submitted to testing which disclosed an alcohol |
7 | | concentration of
more than 0.00. The law enforcement officer |
8 | | shall submit the same sworn report
when a person under the age |
9 | | of 21 submits to testing under Section
11-501.1 of this Code |
10 | | and the testing discloses an alcohol concentration of
more than |
11 | | 0.00 and less than 0.08.
|
12 | | Upon receipt of the sworn report of a law enforcement |
13 | | officer, the Secretary
of State shall enter the suspension and |
14 | | disqualification on the individual's driving
record and the |
15 | | suspension and disqualification shall be effective on the 46th |
16 | | day following the date
notice of the suspension was given to |
17 | | the person. If this suspension is the
individual's first |
18 | | driver's license suspension under this Section, reports
|
19 | | received by the Secretary of State under this Section shall, |
20 | | except during the
time the suspension is in effect, be |
21 | | privileged information and for use only by
the courts, police |
22 | | officers, prosecuting authorities, the Secretary of State,
or |
23 | | the individual personally, unless the person is a CDL holder, |
24 | | is operating a commercial motor vehicle or vehicle required to |
25 | | be placarded for hazardous materials, in which case the |
26 | | suspension shall not be privileged.
Reports received by the |
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1 | | Secretary of State under this Section shall also be made |
2 | | available to the parent or guardian of a person under the age |
3 | | of 18 years that holds an instruction permit or a graduated |
4 | | driver's license, regardless of whether the suspension is in |
5 | | effect.
|
6 | | The law enforcement officer submitting the sworn report |
7 | | shall serve immediate
notice of this suspension on the person |
8 | | and the suspension and disqualification shall
be effective on |
9 | | the 46th day following the date notice was given.
|
10 | | In cases where the blood alcohol concentration of more than |
11 | | 0.00 is
established by a subsequent analysis of blood , other |
12 | | bodily substance, or urine, the police officer or
arresting |
13 | | agency shall give notice as provided in this Section or by |
14 | | deposit
in the United States mail of that notice in an envelope |
15 | | with postage prepaid
and addressed to that person at his last |
16 | | known address and the loss of driving
privileges shall be |
17 | | effective on the 46th day following the date notice was
given.
|
18 | | Upon receipt of the sworn report of a law enforcement |
19 | | officer, the Secretary
of State shall also give notice of the |
20 | | suspension and disqualification to the driver
by mailing a |
21 | | notice of the effective date of the suspension and |
22 | | disqualification to the individual.
However, should the sworn |
23 | | report be defective by not containing sufficient
information or |
24 | | be completed in error, the notice of the suspension and |
25 | | disqualification shall not be mailed to the person or entered |
26 | | to the driving record,
but rather the sworn report shall be |
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1 | | returned to the issuing law enforcement
agency.
|
2 | | (e) A driver may contest this suspension and |
3 | | disqualification by requesting an
administrative hearing with |
4 | | the Secretary of State in accordance with Section
2-118 of this |
5 | | Code. An individual whose blood alcohol concentration is shown
|
6 | | to be more than 0.00 is not subject to this Section if he or she |
7 | | consumed
alcohol in the performance of a religious service or |
8 | | ceremony. An individual
whose blood alcohol concentration is |
9 | | shown to be more than 0.00 shall not be
subject to this Section |
10 | | if the individual's blood alcohol concentration
resulted only |
11 | | from ingestion of the prescribed or recommended dosage of
|
12 | | medicine that contained alcohol. The petition for that hearing |
13 | | shall not stay
or delay the effective date of the impending |
14 | | suspension. The scope of this
hearing shall be limited to the |
15 | | issues of:
|
16 | | (1) whether the police officer had probable cause to |
17 | | believe that the
person was driving or in actual physical |
18 | | control of a motor vehicle upon the
public highways of the |
19 | | State and the police officer had reason to believe that
the |
20 | | person was in violation of any provision of the Illinois |
21 | | Vehicle Code or a
similar provision of a local ordinance; |
22 | | and
|
23 | | (2) whether the person was issued a Uniform Traffic |
24 | | Ticket for any
violation of the Illinois Vehicle Code or a |
25 | | similar provision of a local
ordinance; and
|
26 | | (3) whether the police officer had probable cause to |
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1 | | believe that the
driver
had consumed any amount of an |
2 | | alcoholic beverage based upon the driver's
physical |
3 | | actions or other first-hand knowledge of the police |
4 | | officer; and
|
5 | | (4) whether the person, after being advised by the |
6 | | officer that the
privilege to operate a motor vehicle would |
7 | | be suspended if the person refused
to submit to and |
8 | | complete the test or tests, did refuse to submit to or
|
9 | | complete the test or tests to determine the person's |
10 | | alcohol concentration;
and
|
11 | | (5) whether the person, after being advised by the |
12 | | officer that the
privileges to operate a motor vehicle |
13 | | would be suspended if the person submits
to a chemical test |
14 | | or tests and the test or tests disclose an alcohol
|
15 | | concentration of more than 0.00, did submit to and
complete |
16 | | the
test or tests that determined an alcohol concentration |
17 | | of more than 0.00; and
|
18 | | (6) whether the test result of an alcohol concentration |
19 | | of more than 0.00
was based upon the person's consumption |
20 | | of alcohol in the performance of a
religious service or |
21 | | ceremony; and
|
22 | | (7) whether the test result of an alcohol concentration |
23 | | of more than 0.00
was based upon the person's consumption |
24 | | of alcohol through ingestion of the
prescribed or |
25 | | recommended dosage of medicine.
|
26 | | At the conclusion of the hearing held under Section 2-118 |
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1 | | of
this Code, the Secretary of State may rescind, continue, or |
2 | | modify the suspension and disqualification. If the Secretary of |
3 | | State does not rescind the suspension and disqualification, a
|
4 | | restricted driving permit may be granted by the Secretary of |
5 | | State upon
application being made and good cause shown. A |
6 | | restricted driving permit may be
granted to relieve undue |
7 | | hardship by allowing driving for employment,
educational, and |
8 | | medical purposes as outlined in item (3) of part (c) of
Section |
9 | | 6-206 of this Code. The provisions of item (3) of part (c) of |
10 | | Section
6-206 of this Code and of subsection (f) of that |
11 | | Section shall apply. The Secretary of State shall promulgate |
12 | | rules
providing for participation in an alcohol education and |
13 | | awareness program or
activity, a drug education and awareness |
14 | | program or activity, or both as a
condition to the issuance of |
15 | | a restricted driving permit for suspensions
imposed under this |
16 | | Section.
|
17 | | (f) The results of any chemical testing performed in |
18 | | accordance with
subsection (a) of this Section are not |
19 | | admissible in any civil or criminal
proceeding, except that the |
20 | | results of the testing may be considered at a
hearing held |
21 | | under Section 2-118 of this Code. However, the results of
the |
22 | | testing may not be used to impose driver's license sanctions |
23 | | under
Section 11-501.1 of this Code. A law enforcement officer |
24 | | may, however, pursue
a statutory summary suspension or |
25 | | revocation of driving privileges under Section 11-501.1 of
this |
26 | | Code if other physical evidence or first hand knowledge forms |
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1 | | the basis
of that suspension or revocation.
|
2 | | (g) This Section applies only to drivers who are under
age |
3 | | 21 at the time of the issuance of a Uniform Traffic Ticket for |
4 | | a
violation of the Illinois Vehicle Code or a similar provision |
5 | | of a local
ordinance, and a chemical test request is made under |
6 | | this Section.
|
7 | | (h) The action of the Secretary of State in suspending, |
8 | | revoking, cancelling, or
disqualifying any license or
permit |
9 | | shall be
subject to judicial review in the Circuit Court of |
10 | | Sangamon County or in the
Circuit Court of Cook County, and the |
11 | | provisions of the Administrative Review
Law and its rules are |
12 | | hereby adopted and shall apply to and govern every action
for |
13 | | the judicial review of final acts or decisions of the Secretary |
14 | | of State
under this Section.
|
15 | | (Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; |
16 | | 97-333, eff. 8-12-11; 97-450, eff. 8-19-11.) |
17 | | (625 ILCS 5/11-507) |
18 | | Sec. 11-507. Supervising a minor driver while under the |
19 | | influence of alcohol, other drug or drugs, intoxicating |
20 | | compound or compounds or any combination thereof. |
21 | | (a) A person shall not accompany or provide instruction, |
22 | | pursuant to subsection (a) of Section 6-107.1 of this Code, to |
23 | | a driver who is a minor and driving a motor vehicle pursuant to |
24 | | an instruction permit under Section 6-107.1 of this Code, |
25 | | while: |
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1 | | (1) the alcohol concentration in the person's blood , |
2 | | other bodily substance,
or breath is 0.08 or more based on |
3 | | the definition of blood and breath units in Section |
4 | | 11-501.2 of this Code; |
5 | | (2) under the influence of alcohol; |
6 | | (3) under the influence of any intoxicating compound
or |
7 | | combination of intoxicating compounds to a degree that |
8 | | renders the person incapable of properly supervising or |
9 | | providing instruction to the minor driver; |
10 | | (4) under the influence of any other drug or
|
11 | | combination of drugs to a degree that renders the person |
12 | | incapable of properly supervising or providing instruction |
13 | | to the minor driver; |
14 | | (5) under the combined influence of alcohol, other
drug |
15 | | or drugs, or intoxicating compound or compounds to a degree |
16 | | that renders the person incapable of properly supervising |
17 | | or providing instruction to the minor driver; or |
18 | | (6) there is any amount of a drug, substance, or
|
19 | | compound in the person's breath, blood, other bodily |
20 | | substance, or urine resulting from the unlawful use or |
21 | | consumption of cannabis listed in the Cannabis Control Act, |
22 | | a controlled substance listed in the Illinois Controlled |
23 | | Substances Act, an intoxicating compound listed in the Use |
24 | | of Intoxicating Compounds Act, or methamphetamine as |
25 | | listed in the Methamphetamine Control and Community |
26 | | Protection Act. |
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1 | | (b) A person found guilty of violating this Section is |
2 | | guilty of an offense against the regulations governing the |
3 | | movement of vehicles.
|
4 | | (Source: P.A. 96-1237, eff. 1-1-11.) |
5 | | Section 10. The Snowmobile Registration and Safety Act is |
6 | | amended by changing Sections 5-7, 5-7.1, 5-7.2, 5-7.4, and |
7 | | 5-7.6 as follows:
|
8 | | (625 ILCS 40/5-7)
|
9 | | Sec. 5-7. Operating a snowmobile while under the influence |
10 | | of alcohol or
other drug or drugs, intoxicating compound or |
11 | | compounds, or a combination of
them; criminal penalties; |
12 | | suspension of operating privileges. |
13 | | (a) A person may not operate or be in actual physical |
14 | | control of a
snowmobile within this State
while:
|
15 | | 1. The alcohol concentration in that person's blood , |
16 | | other bodily substance, or breath is a
concentration at |
17 | | which driving a motor vehicle is prohibited under
|
18 | | subdivision (1) of subsection (a) of
Section 11-501 of the |
19 | | Illinois Vehicle Code;
|
20 | | 2. The person is under the influence of alcohol;
|
21 | | 3. The person is under the influence of any other drug |
22 | | or combination of
drugs to a degree that renders that |
23 | | person incapable of safely operating a
snowmobile;
|
24 | | 3.1. The person is under the influence of any |
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1 | | intoxicating compound or
combination of intoxicating |
2 | | compounds to a degree that renders the person
incapable of |
3 | | safely operating a snowmobile;
|
4 | | 4. The person is under the combined influence of |
5 | | alcohol and any other
drug or drugs or intoxicating |
6 | | compound or compounds to a degree that
renders that person |
7 | | incapable of safely
operating a snowmobile; or
|
8 | | (4.3) The person who is not a CDL holder has a |
9 | | tetrahydrocannabinol concentration in the person's whole |
10 | | blood or other bodily substance at which driving a motor |
11 | | vehicle is prohibited under
subdivision (7) of subsection |
12 | | (a) of
Section 11-501 of the Illinois Vehicle Code; |
13 | | (4.5) The person who is a CDL holder has any amount of |
14 | | a drug, substance, or
compound in the person's breath, |
15 | | blood, other bodily substance, or urine resulting from the |
16 | | unlawful use or consumption of cannabis listed in the |
17 | | Cannabis Control Act; or
|
18 | | 5. There is any amount of a drug, substance, or |
19 | | compound in that person's
breath, blood, other bodily |
20 | | substance, or urine resulting from the unlawful use or |
21 | | consumption
of a cannabis
listed in the Cannabis Control |
22 | | Act, controlled substance listed in the
Illinois |
23 | | Controlled Substances Act, methamphetamine as listed in |
24 | | the Methamphetamine Control and Community Protection Act, |
25 | | or intoxicating compound listed in the
use
of Intoxicating |
26 | | Compounds Act.
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1 | | (b) The fact that a person charged with violating this |
2 | | Section is or has
been legally entitled to use alcohol, other |
3 | | drug or drugs, any
intoxicating
compound or compounds, or any |
4 | | combination of them does not constitute a
defense against a |
5 | | charge of violating this Section.
|
6 | | (c) Every person convicted of violating this Section or a |
7 | | similar
provision of a local ordinance is guilty of a
Class A |
8 | | misdemeanor, except as otherwise provided in this Section.
|
9 | | (c-1) As used in this Section, "first time offender" means |
10 | | any person who has not had a previous conviction or been |
11 | | assigned supervision for violating this Section or a similar |
12 | | provision of a local ordinance, or any person who has not had a |
13 | | suspension imposed under subsection (e) of Section 5-7.1. |
14 | | (c-2) For purposes of this Section, the following are |
15 | | equivalent to a conviction: |
16 | | (1) a forfeiture of bail or collateral deposited to |
17 | | secure a defendant's appearance in court when forfeiture |
18 | | has not been vacated; or |
19 | | (2) the failure of a defendant to appear for trial.
|
20 | | (d) Every person convicted of violating this Section is |
21 | | guilty of a
Class 4 felony if:
|
22 | | 1. The person has a previous conviction under this |
23 | | Section;
|
24 | | 2. The offense results in personal injury where a |
25 | | person other than the
operator suffers great bodily harm or |
26 | | permanent disability or disfigurement,
when the violation |
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1 | | was a proximate cause of the injuries.
A person guilty of a |
2 | | Class 4 felony under this paragraph 2, if sentenced to a
|
3 | | term of imprisonment, shall be sentenced to not less than |
4 | | one year nor more
than
12 years; or
|
5 | | 3. The offense occurred during a period in which the |
6 | | person's privileges
to
operate a snowmobile are revoked or |
7 | | suspended, and the revocation or
suspension was for a |
8 | | violation of this Section or was imposed under Section
|
9 | | 5-7.1.
|
10 | | (e) Every person convicted of violating this Section is |
11 | | guilty
of a
Class 2 felony if the offense results in the death |
12 | | of a person.
A person guilty of a Class 2 felony under this |
13 | | subsection (e), if sentenced
to
a term of imprisonment, shall |
14 | | be sentenced to a term of not less than 3 years
and not more |
15 | | than 14 years.
|
16 | | (e-1) Every person convicted of violating this Section or a |
17 | | similar
provision of a local ordinance who had a child under |
18 | | the age of 16 on board the
snowmobile at the time of offense |
19 | | shall be subject to a mandatory minimum fine
of $500 and shall |
20 | | be subject to a mandatory minimum of 5 days of community
|
21 | | service in a program benefiting children. The assignment under |
22 | | this subsection
shall not be subject to suspension nor shall |
23 | | the person be eligible for
probation in order to reduce the |
24 | | assignment.
|
25 | | (e-2) Every person found guilty of violating this Section, |
26 | | whose operation
of
a snowmobile while in violation of this |
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1 | | Section proximately caused any incident
resulting in an |
2 | | appropriate emergency response, shall be liable for the expense
|
3 | | of an emergency response as provided in subsection (i) of |
4 | | Section 11-501.01 of the Illinois Vehicle Code.
|
5 | | (e-3) In addition to any other penalties and liabilities, a |
6 | | person who is
found guilty of violating this Section, including |
7 | | any person placed on court
supervision, shall be fined $100, |
8 | | payable to the circuit clerk, who shall
distribute the money to |
9 | | the law enforcement agency that made the arrest. In the
event |
10 | | that more than one agency is responsible for the arrest, the |
11 | | $100
shall be shared equally. Any moneys received by a law |
12 | | enforcement agency under
this subsection (e-3) shall be used to |
13 | | purchase law enforcement equipment or to
provide law |
14 | | enforcement training that will assist in the prevention of |
15 | | alcohol
related criminal violence throughout the State. Law |
16 | | enforcement equipment shall
include, but is not limited to, |
17 | | in-car video cameras, radar and laser speed
detection devices, |
18 | | and alcohol breath testers.
|
19 | | (f) In addition to any criminal penalties imposed, the
|
20 | | Department of Natural Resources shall suspend the
snowmobile |
21 | | operation privileges of
a person convicted or found guilty of a |
22 | | misdemeanor under this
Section for a period of one
year, except |
23 | | that first-time offenders are exempt from
this mandatory one |
24 | | year suspension.
|
25 | | (g) In addition to any criminal penalties imposed, the |
26 | | Department of Natural
Resources shall suspend for a period of 5 |
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1 | | years the snowmobile operation
privileges of any person |
2 | | convicted or found guilty of a felony under this
Section.
|
3 | | (Source: P.A. 95-149, eff. 8-14-07; 96-1000, eff. 7-2-10.)
|
4 | | (625 ILCS 40/5-7.1)
|
5 | | Sec. 5-7.1. Implied consent.
|
6 | | (a) A person who operates or is in actual physical control |
7 | | of a
snowmobile in this State is deemed to have
given consent |
8 | | to a chemical test or tests of blood, breath, other bodily |
9 | | substance, or urine for the
purpose of determining the content |
10 | | of alcohol, other drug or
drugs, intoxicating compound or |
11 | | compounds, or a combination of them in that person's blood or |
12 | | other bodily substance, if
arrested for a violation of Section |
13 | | 5-7. The chemical test or tests shall
be
administered at the |
14 | | direction of the arresting officer. The law enforcement
agency |
15 | | employing the officer shall designate which tests shall be
|
16 | | administered. Up to 2 additional tests of A urine or other |
17 | | bodily substance test may be administered even after a blood or |
18 | | breath
test or both has been administered.
|
19 | | (a-1) For the 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 5-7 may travel into |
22 | | an adjoining state, where the person has been
transported for |
23 | | medical care to complete an investigation and to request that
|
24 | | the person submit to the test or tests set forth in this |
25 | | Section. The
requirements of this Section that the person be |
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1 | | arrested are inapplicable, but
the officer shall issue the |
2 | | person a uniform citation for an offense as defined
in Section |
3 | | 5-7 or a similar provision of a local ordinance prior to |
4 | | requesting
that the person submit to the test or tests. The |
5 | | issuance of the uniform
citation shall not
constitute an |
6 | | arrest, but shall be for the purpose of notifying the person |
7 | | that
he or she is subject to the provisions of this Section and |
8 | | of the officer's
belief of the existence of probable cause to |
9 | | arrest. Upon returning to this
State, the officer shall file |
10 | | the uniform citation with the circuit clerk of
the county where |
11 | | the offense was committed and shall seek the issuance of an
|
12 | | arrest warrant or a summons for the person.
|
13 | | (a-2) Notwithstanding any ability to refuse under this Act |
14 | | to submit to
these
tests or any ability to revoke the implied |
15 | | consent to these tests, if a law
enforcement officer has |
16 | | probable cause to believe that a snowmobile operated by
or |
17 | | under actual physical control of a person under the influence |
18 | | of alcohol,
other drug or drugs, intoxicating
compound or |
19 | | compounds, or any combination of them has caused the death or
|
20 | | personal injury to another, that person shall submit, upon the |
21 | | request of a law
enforcement officer, to a chemical test or |
22 | | tests of his or her blood, breath,
other bodily substance, or
|
23 | | urine for the purpose of determining the alcohol content or the
|
24 | | presence of any other drug or combination of both. For the |
25 | | purposes of this
Section, a personal injury includes severe |
26 | | bleeding wounds, distorted
extremities, and injuries that |
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1 | | require the injured party to be carried from the
scene for |
2 | | immediate professional attention in either a doctor's office or |
3 | | a
medical facility.
|
4 | | (b) A person who is dead, unconscious, or who is otherwise |
5 | | in a condition
rendering that person incapable of refusal, is |
6 | | deemed not to have
withdrawn the consent provided in subsection |
7 | | (a), and the test or tests may
be administered.
|
8 | | (c) A person requested to submit to a test as provided in |
9 | | this Section shall
be verbally advised by the law enforcement |
10 | | officer requesting the test that a
refusal to submit to the |
11 | | test will result in suspension of that person's
privilege to |
12 | | operate a snowmobile for a minimum of 2 years.
|
13 | | (d) Following this warning, if a person under arrest |
14 | | refuses upon the
request of a law enforcement officer to submit |
15 | | to a test designated by the
officer, no tests may be given, but |
16 | | the law enforcement officer
shall file with
the clerk of the |
17 | | circuit court for the county in which the arrest was made,
and |
18 | | with the Department of Natural Resources, a
sworn statement |
19 | | naming the person refusing to take and complete the
chemical |
20 | | test or
tests requested under the provisions of this Section. |
21 | | The sworn statement
shall identify the arrested person, the |
22 | | person's current residence address and
shall specify that a |
23 | | refusal by that person to take the chemical test or
tests was |
24 | | made.
The sworn statement shall include a statement
that the |
25 | | officer had reasonable cause to believe the person was |
26 | | operating or
was in actual physical control of the
snowmobile |
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1 | | within this State while under the influence of alcohol,
other |
2 | | drug or drugs, an intoxicating compound or compound, or a |
3 | | combination
of them
and that a chemical test or tests were |
4 | | requested as an incident to and
following the
lawful
arrest for |
5 | | an offense as defined in Section 5-7 or a similar provision of |
6 | | a
local ordinance, and that the person, after being arrested |
7 | | for an offense
arising out of acts alleged to have been |
8 | | committed while operating a
snowmobile,
refused to submit to |
9 | | and complete a chemical test or tests as requested by
the law
|
10 | | enforcement officer.
|
11 | | (e) The law enforcement officer submitting the sworn |
12 | | statement shall serve
immediate written notice upon the person |
13 | | refusing the chemical test or tests
that the person's privilege |
14 | | to operate a snowmobile within this State will be
suspended for |
15 | | a period of 2 years unless, within
28 days from the date of the |
16 | | notice, the person requests in writing a hearing
on the |
17 | | suspension.
|
18 | | If the person desires a hearing, the person shall file a |
19 | | complaint in the
circuit court in the county where that person |
20 | | was arrested within 28 days from
the date of the notice.
The |
21 | | hearing shall proceed in the court in the same manner as other |
22 | | civil
proceedings. The hearing shall cover only the following |
23 | | issues: (1) whether
the person was placed under
arrest for an |
24 | | offense as defined in Section 5-7 or a similar provision of a
|
25 | | local
ordinance as evidenced by the issuance of a uniform |
26 | | citation; (2) whether the
arresting officer had reasonable |
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1 | | grounds to believe that the person was
operating a snowmobile |
2 | | while under the influence of alcohol, other
drug or
drugs, an |
3 | | intoxicating compound or compounds, or a combination of them; |
4 | | and
(3) whether that person refused to submit to and complete |
5 | | the chemical
test or tests upon
the
request of the law |
6 | | enforcement officer. Whether the person was informed that
the |
7 | | person's privilege to operate a snowmobile would be suspended |
8 | | if that
person refused to submit to the chemical test or tests |
9 | | may not be an issue
in the hearing.
|
10 | | If the person fails to request a hearing in writing within |
11 | | 28 days of the
date of the notice, or if a hearing is held and |
12 | | the court finds against the
person on the issues before the |
13 | | court,
the clerk shall immediately notify the Department of |
14 | | Natural Resources, and the Department shall suspend the |
15 | | snowmobile operation
privileges of
that person for at least 2 |
16 | | years.
|
17 | | (f) (Blank).
|
18 | | (f-1) If the person is a CDL holder and submits to a test |
19 | | that discloses an alcohol
concentration of 0.08 or more, or any |
20 | | amount of a drug, substance, or
intoxicating compound in the |
21 | | person's breath, blood, other bodily substance, or urine |
22 | | resulting from
the unlawful use of cannabis listed in the |
23 | | Cannabis Control Act, a controlled
substance listed in the |
24 | | Illinois Controlled Substances Act, methamphetamine as listed |
25 | | in the Methamphetamine Control and Community Protection Act, or |
26 | | an intoxicating
compound listed in the Use of Intoxicating |
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1 | | Compounds Act, the law enforcement
officer shall
immediately |
2 | | submit a sworn report to the circuit clerk of venue and the
|
3 | | Department of Natural
Resources, certifying that the test or |
4 | | tests was or were requested under
subsection (a-1) of this |
5 | | Section and the person submitted to testing that
disclosed an |
6 | | alcohol concentration of 0.08 or more , or any amount of a drug, |
7 | | substance, or
intoxicating compound in the person's breath, |
8 | | blood, other bodily substance, or urine resulting from
the |
9 | | unlawful use or consumption of cannabis listed in the Cannabis |
10 | | Control Act, a controlled
substance listed in the Illinois |
11 | | Controlled Substances Act, methamphetamine as listed in the |
12 | | Methamphetamine Control and Community Protection Act, or an |
13 | | intoxicating
compound listed in the Use of Intoxicating |
14 | | Compounds Act. If the person is not a CDL holder and submits to |
15 | | a test that discloses
an alcohol concentration of 0.08 or more, |
16 | | a tetrahydrocannabinol concentration in the person's whole |
17 | | blood or other bodily substance as defined in paragraph 6 of |
18 | | subsection (a) of Section 11-501.2 of the Illinois Vehicle |
19 | | Code, or any amount of a drug,
substance,
or intoxicating |
20 | | compound in the person's blood, other bodily substance, or |
21 | | urine resulting from the
unlawful use or
consumption of a |
22 | | controlled
substance listed in the Illinois Controlled |
23 | | Substances Act, an
intoxicating
compound listed in the Use of |
24 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
25 | | Methamphetamine Control and Community Protection Act, the law
|
26 | | enforcement officer shall immediately submit a sworn report to |
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1 | | the circuit clerk of venue and the
Department of Natural
|
2 | | Resources, certifying that the test or tests
was or were |
3 | | requested under subsection (a-1) and the person submitted to |
4 | | testing that disclosed an alcohol concentration
of 0.08 or |
5 | | more, a tetrahydrocannabinol concentration in the person's |
6 | | whole blood or other bodily substance as defined in paragraph 6 |
7 | | of subsection (a) of Section 11-501.2 of the Illinois Vehicle |
8 | | Code, or any amount of a drug, substance, or intoxicating
|
9 | | compound
in such
person's blood, other bodily substance, or |
10 | | urine, resulting from the unlawful use or consumption of
a |
11 | | controlled substance
listed in
the Illinois Controlled |
12 | | Substances Act,
an intoxicating compound listed in
the Use of |
13 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
14 | | Methamphetamine Control and Community Protection Act .
|
15 | | In cases involving a person who is CDL holder where the |
16 | | blood alcohol concentration of 0.08 or greater or any
amount of |
17 | | drug, substance, or compound resulting from the unlawful use of
|
18 | | cannabis, a controlled substance, methamphetamine, or an |
19 | | intoxicating compound is established by
a subsequent analysis |
20 | | of blood , other bodily substance, or urine collected at the |
21 | | time of arrest, the
arresting officer or arresting agency shall |
22 | | immediately submit a sworn report
to the circuit clerk of venue |
23 | | and the Department of Natural Resources upon
receipt of the |
24 | | test results. In cases involving a person who is not a CDL |
25 | | holder where the blood alcohol concentration of 0.08 or |
26 | | greater, a tetrahydrocannabinol concentration in the person's |
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1 | | whole blood or other bodily substance as defined in paragraph 6 |
2 | | of subsection (a) of Section 11-501.2 of the Illinois Vehicle |
3 | | Code, or any
amount of drug, substance, or compound resulting |
4 | | from the unlawful use of
a controlled substance, |
5 | | methamphetamine, or an intoxicating compound is established by
|
6 | | a subsequent analysis of blood, other bodily substance, or |
7 | | urine collected at the time of arrest, the
arresting officer or |
8 | | arresting agency shall immediately submit a sworn report
to the |
9 | | circuit clerk of venue and the Department of Natural Resources |
10 | | upon
receipt of the test results.
|
11 | | (g) A person must submit to each chemical test offered by |
12 | | the law
enforcement officer
in order to comply with implied |
13 | | consent provisions of this Section.
|
14 | | (h) The provision of Section 11-501.2 of the Illinois |
15 | | Vehicle Code
concerning the certification and use of chemical |
16 | | tests applies to the use of
those tests under this Section.
|
17 | | (Source: P.A. 93-156, eff. 1-1-04.)
|
18 | | (625 ILCS 40/5-7.2)
|
19 | | Sec. 5-7.2. Chemical and other tests.
|
20 | | (a) Upon the trial of a civil or criminal action or |
21 | | proceeding arising out
of
acts alleged to have been committed |
22 | | while under the influence of alcohol , other drug or drugs, |
23 | | intoxicating compound or compounds, or a combination of
them , |
24 | | the
concentration of alcohol , drug, or compound in the person's |
25 | | blood , other bodily substance, or breath at the time alleged as
|
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1 | | shown by analysis of the person's blood, urine, breath, or |
2 | | other bodily
substance gives rise to the presumptions specified |
3 | | in
subdivisions 1, 2, and 3 of subsection (b) and subsection |
4 | | (b-5) of Section 11-501.2 of the Illinois
Vehicle Code.
|
5 | | (b) The provisions of subsection (a) shall not be construed |
6 | | as limiting the
introduction of any other relevant evidence |
7 | | bearing upon the question whether
the person was under the |
8 | | influence of alcohol , other drug or drugs, intoxicating |
9 | | compound or compounds, or a combination of
them .
|
10 | | (c) If a person under arrest refuses to submit to a |
11 | | chemical test under the
provisions of Section 5-7.1, evidence |
12 | | of refusal is admissible in a
civil or criminal action or |
13 | | proceeding arising out of acts alleged to have been
committed |
14 | | while the person under the influence of alcohol, other
drug or |
15 | | drugs, an intoxicating compound or compounds, or a combination |
16 | | of
them was operating a snowmobile.
|
17 | | (Source: P.A. 93-156, eff. 1-1-04 .)
|
18 | | (625 ILCS 40/5-7.4)
|
19 | | Sec. 5-7.4.
Admissibility of chemical tests of blood , other |
20 | | bodily substance, or urine conducted in the
regular course of |
21 | | providing emergency medical treatment.
|
22 | | (a) Notwithstanding any other provision of law, the results |
23 | | of
blood , other bodily substance, or urine tests performed for |
24 | | the purpose of determining the content of
alcohol, other drug |
25 | | or drugs, intoxicating compound or compounds, or any
|
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1 | | combination of them in an individual's blood , other bodily |
2 | | substance, or urine conducted upon persons receiving
medical |
3 | | treatment in a
hospital
emergency room, are admissible in |
4 | | evidence as a business record exception
to the
hearsay rule |
5 | | only in prosecutions for a violation of Section 5-7 of this
Act |
6 | | or a similar provision of a local ordinance or in prosecutions |
7 | | for reckless
homicide brought under the Criminal Code of 1961 |
8 | | or the Criminal Code of 2012.
|
9 | | The results of the tests are admissible only when
each of |
10 | | the following criteria are met:
|
11 | | 1. The chemical tests performed upon an individual's |
12 | | blood , other bodily substance, or urine were
ordered
in the
|
13 | | regular course of providing emergency treatment and not at |
14 | | the request of law
enforcement authorities; and
|
15 | | 2. The chemical tests performed upon an individual's |
16 | | blood , other bodily substance, or urine were
performed by |
17 | | the
laboratory routinely used by the hospital.
|
18 | | 3. (Blank).
|
19 | | Results of chemical tests performed upon an individual's |
20 | | blood , other bodily substance, or urine
are
admissible into |
21 | | evidence regardless of the time that the records were
prepared.
|
22 | | (b) The confidentiality provisions of law pertaining to |
23 | | medical records and
medical treatment are not applicable with |
24 | | regard to chemical tests
performed upon a person's blood , other |
25 | | bodily substance, or urine under the provisions of this
Section |
26 | | in prosecutions as specified in
subsection (a) of this Section. |
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1 | | No person
shall be liable for civil damages as
a result of the |
2 | | evidentiary use of the results of chemical testing of the
|
3 | | individual's blood , other bodily substance, or urine under this
|
4 | | Section or as a result of that person's testimony made |
5 | | available under this
Section.
|
6 | | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
|
7 | | (625 ILCS 40/5-7.6)
|
8 | | Sec. 5-7.6.
Reporting of test results of blood , other |
9 | | bodily substance, or urine conducted in the
regular course of |
10 | | providing emergency medical treatment.
|
11 | | (a) Notwithstanding any other provision of law, the results |
12 | | of blood , other bodily substance, or
urine tests performed for |
13 | | the purpose of determining the content of alcohol,
other drug |
14 | | or drugs, intoxicating compound or compounds, or any |
15 | | combination
of them in an individual's blood , other bodily |
16 | | substance, or
urine, conducted upon persons receiving medical |
17 | | treatment in a hospital
emergency room for injuries resulting |
18 | | from a snowmobile accident, shall be
disclosed to the |
19 | | Department of Natural Resources, or local law enforcement
|
20 | | agencies of jurisdiction, upon request. The blood , other bodily |
21 | | substance, or urine tests are
admissible in evidence as a |
22 | | business record exception to the hearsay rule only
in |
23 | | prosecutions for violations of Section 5-7 of this Code or a |
24 | | similar
provision of a local ordinance, or in prosecutions for |
25 | | reckless homicide
brought under the Criminal Code of
1961 or |
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1 | | the Criminal Code of 2012.
|
2 | | (b) The confidentiality provisions of the law pertaining to |
3 | | medical records
and medical treatment shall not be applicable |
4 | | with regard to tests performed
upon an individual's blood , |
5 | | other bodily substance, or urine under the provisions of |
6 | | subsection (a) of
this Section. No person shall
be liable for |
7 | | civil damages or professional discipline as a result of
|
8 | | disclosure or reporting of the tests or the evidentiary use of |
9 | | an individual's
blood , other bodily substance, or urine test |
10 | | results under this Section or Section 5-7.4 or as a result
of |
11 | | that person's testimony made available under this Section or |
12 | | Section 5-7.4,
except for willful or wanton misconduct.
|
13 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
14 | | Section 15. The Boat Registration and Safety Act is amended |
15 | | by changing Sections 5-16, 5-16a, 5-16a.1, and 5-16c as |
16 | | follows:
|
17 | | (625 ILCS 45/5-16)
|
18 | | Sec. 5-16. Operating a watercraft under the influence of |
19 | | alcohol,
other drug or drugs, intoxicating compound or |
20 | | compounds, or combination
thereof.
|
21 | | (A) 1. A person shall not operate or be in actual physical |
22 | | control of
any
watercraft within this State while:
|
23 | | (a) The alcohol concentration in such person's |
24 | | blood , other bodily substance, or breath is a
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1 | | concentration at which driving a motor vehicle is |
2 | | prohibited under subdivision
(1) of subsection (a) of
|
3 | | Section 11-501 of the Illinois Vehicle Code;
|
4 | | (b) Under the influence of alcohol;
|
5 | | (c) Under the influence of any other drug or |
6 | | combination of drugs to a
degree which renders such |
7 | | person incapable of safely operating
any watercraft;
|
8 | | (c-1) Under the influence of any intoxicating |
9 | | compound or combination
of
intoxicating compounds to a |
10 | | degree that renders the person incapable of safely
|
11 | | operating
any watercraft;
|
12 | | (d) Under the combined influence of alcohol and any |
13 | | other drug or
drugs to a degree which renders such |
14 | | person incapable of safely operating
a watercraft; or
|
15 | | (d-3) The person who is not a CDL holder has a |
16 | | tetrahydrocannabinol concentration in the person's whole |
17 | | blood or other bodily substance at which driving a motor |
18 | | vehicle is prohibited under
subdivision (7) of subsection |
19 | | (a) of
Section 11-501 of the Illinois Vehicle Code; |
20 | | (d-5) The person who is a CDL holder has any amount of |
21 | | a drug, substance, or
compound in the person's breath, |
22 | | blood, other bodily substance, or urine resulting from the |
23 | | unlawful use or consumption of cannabis listed in the |
24 | | Cannabis Control Act; or
|
25 | | (e) There is any amount of a drug, substance, or |
26 | | compound in the
person's blood , other bodily |
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1 | | substance, or urine resulting from the unlawful use or |
2 | | consumption of
cannabis listed in the Cannabis Control |
3 | | Act, a
controlled substance
listed in the Illinois |
4 | | Controlled Substances Act, methamphetamine as listed |
5 | | in the Methamphetamine Control and Community |
6 | | Protection Act, or an intoxicating compound
listed in |
7 | | the Use of Intoxicating Compounds Act.
|
8 | | 2. The fact that any person charged with violating this |
9 | | Section is or
has been legally entitled to use alcohol, |
10 | | other drug or drugs, any
intoxicating compound or |
11 | | compounds, or any combination of
them, shall not constitute |
12 | | a defense against any charge of
violating this
Section.
|
13 | | 3. Every person convicted of violating this Section |
14 | | shall be guilty of a
Class A misdemeanor, except as |
15 | | otherwise provided in this Section.
|
16 | | 4. Every person convicted of violating this Section |
17 | | shall be guilty of a
Class 4 felony if:
|
18 | | (a) He or she has a previous conviction under this |
19 | | Section;
|
20 | | (b) The offense results in personal injury where a |
21 | | person other than the
operator suffers great bodily |
22 | | harm or permanent disability or disfigurement,
when |
23 | | the violation was a proximate cause of the injuries. A |
24 | | person guilty of a
Class 4 felony under this |
25 | | subparagraph (b), if sentenced
to a term of |
26 | | imprisonment, shall be sentenced to a term of not less |
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1 | | than
one year nor more than 12 years; or
|
2 | | (c) The offense occurred during a period in which |
3 | | his or her
privileges
to
operate
a watercraft are |
4 | | revoked or suspended, and the revocation or suspension |
5 | | was for
a
violation of this Section or was imposed |
6 | | under subsection (B).
|
7 | | 5. Every person convicted of violating this Section |
8 | | shall be
guilty of a Class 2 felony if the offense results |
9 | | in the death of a
person.
A person guilty of a Class 2 |
10 | | felony under this paragraph 5, if sentenced to a
term of |
11 | | imprisonment, shall be sentenced to a term of not less than |
12 | | 3 years
and not more than 14 years.
|
13 | | 5.1. A person convicted of violating this Section or a |
14 | | similar
provision
of a
local
ordinance who had a child |
15 | | under the age of 16 aboard the watercraft at the
time of |
16 | | offense is
subject to a mandatory minimum fine of $500 and |
17 | | to a mandatory minimum of 5
days of
community service in a |
18 | | program benefiting children. The assignment under this
|
19 | | paragraph 5.1 is
not subject to suspension and the person |
20 | | is not eligible for probation in order
to reduce the
|
21 | | assignment.
|
22 | | 5.2. A person found guilty of violating this Section, |
23 | | if his or her
operation
of a watercraft
while in violation |
24 | | of this Section proximately caused any incident resulting |
25 | | in
an appropriate
emergency response, is liable for the |
26 | | expense of an emergency response as
provided in subsection |
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1 | | (m) of Section 11-501 of the Illinois Vehicle Code.
|
2 | | 5.3. In addition to any other penalties and |
3 | | liabilities, a person who is
found
guilty of
violating this |
4 | | Section, including any person placed on court supervision,
|
5 | | shall be fined $100,
payable to the circuit clerk, who |
6 | | shall distribute the money to the law
enforcement agency |
7 | | that
made the arrest. In the event that more than one |
8 | | agency is responsible for the
arrest, the $100
shall be |
9 | | shared equally. Any moneys received by a law enforcement |
10 | | agency under
this
paragraph 5.3 shall be used to purchase |
11 | | law enforcement equipment or to provide
law
enforcement |
12 | | training that will assist in the prevention of alcohol |
13 | | related
criminal violence
throughout the State. Law |
14 | | enforcement equipment shall include, but is not
limited to, |
15 | | in-car
video cameras, radar and laser speed detection |
16 | | devices, and alcohol breath
testers.
|
17 | | 6. (a) In addition to any criminal penalties imposed, |
18 | | the Department of
Natural Resources shall suspend the |
19 | | watercraft operation privileges of any
person
|
20 | | convicted or found guilty of a misdemeanor under this |
21 | | Section, a similar provision of a local ordinance, or |
22 | | Title 46 of the U.S. Code of Federal Regulations for a |
23 | | period
of one year, except that a first time offender |
24 | | is exempt from this mandatory
one year suspension.
|
25 | | As used in this subdivision (A)6(a), "first time |
26 | | offender" means any person who has not had a previous |
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1 | | conviction or been assigned supervision for violating |
2 | | this Section, a similar provision of a local ordinance |
3 | | or, Title 46 of the U.S. Code of Federal Regulations, |
4 | | or any person who has not had a suspension imposed |
5 | | under subdivision (B)3.1 of Section 5-16.
|
6 | | (b) In addition to any criminal penalties imposed, |
7 | | the Department of
Natural Resources shall suspend the |
8 | | watercraft operation privileges of any
person
|
9 | | convicted of a felony under this Section, a similar |
10 | | provision of a local ordinance, or Title 46 of the U.S. |
11 | | Code of Federal Regulations for a period of 3 years.
|
12 | | (B) 1. Any person who operates or is in actual physical |
13 | | control of any
watercraft upon the waters of this
State |
14 | | shall be deemed to have given consent to a chemical test or |
15 | | tests of
blood, breath , other bodily substance, or urine |
16 | | for the purpose of determining the content of
alcohol, |
17 | | other
drug or drugs, intoxicating compound or compounds, or |
18 | | combination thereof
in the person's blood or other bodily |
19 | | substance if arrested for
any offense of subsection (A) |
20 | | above. The chemical test or tests shall be
administered at
|
21 | | the direction of the arresting officer.
The law enforcement |
22 | | agency employing the
officer shall designate which of the |
23 | | tests shall be administered. Up to 2 additional tests of A
|
24 | | urine or other bodily substance test may be
administered |
25 | | even after a blood or breath test or both has been |
26 | | administered.
|
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1 | | 1.1. For the purposes of this Section, an Illinois Law |
2 | | Enforcement
officer of
this
State who is investigating the |
3 | | person for any offense defined in Section 5-16
may travel
|
4 | | into an adjoining state, where the person has been |
5 | | transported for medical care
to
complete an investigation, |
6 | | and may request that the person submit to the test
or
tests |
7 | | set
forth in this Section. The requirements of this Section |
8 | | that the person be
arrested are
inapplicable, but the |
9 | | officer shall issue the person a uniform citation for an
|
10 | | offense as
defined in Section 5-16 or a similar provision |
11 | | of a local ordinance prior to
requesting that
the person |
12 | | submit to the test or tests. The issuance of the uniform |
13 | | citation
shall not
constitute an arrest, but shall be for |
14 | | the purpose of notifying the person that
he or she is
|
15 | | subject to the provisions of this Section and of the |
16 | | officer's belief in the
existence of
probable cause to |
17 | | arrest. Upon returning to this State, the officer shall |
18 | | file
the uniform
citation with the circuit clerk of the |
19 | | county where the offense was committed
and shall
seek the |
20 | | issuance of an arrest warrant or a summons for the person.
|
21 | | 1.2. Notwithstanding any ability to refuse under this |
22 | | Act to submit to
these
tests
or any ability to revoke the |
23 | | implied consent to these tests, if a law
enforcement |
24 | | officer
has probable cause to believe that a watercraft |
25 | | operated by or under actual
physical
control of a person |
26 | | under the influence of alcohol, other drug or drugs,
|
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1 | | intoxicating
compound or compounds, or any combination of |
2 | | them has caused the death of or
personal
injury to another, |
3 | | that person shall submit, upon the request of a law
|
4 | | enforcement officer,
to a chemical test or tests of his or |
5 | | her blood, breath, other bodily substance, or urine for the
|
6 | | purpose of
determining the alcohol content or the presence |
7 | | of any other drug, intoxicating
compound, or
combination
of |
8 | | them. For the purposes of this Section, a personal injury |
9 | | includes severe
bleeding
wounds, distorted extremities, |
10 | | and injuries that require the injured party to
be carried
|
11 | | from the scene for immediate professional attention in |
12 | | either a doctor's office
or a
medical facility.
|
13 | | 2. Any person who is dead, unconscious or who is |
14 | | otherwise in a condition
rendering such person incapable of |
15 | | refusal, shall be deemed not to have
withdrawn the consent |
16 | | provided above, and the test may be administered.
|
17 | | 3. A person requested to submit to a chemical test as |
18 | | provided above
shall be
verbally advised by the law |
19 | | enforcement officer requesting the test that a
refusal to |
20 | | submit to the test will result in suspension of such |
21 | | person's
privilege to operate a watercraft for a minimum of |
22 | | 2 years. Following this
warning, if a person
under arrest |
23 | | refuses upon the request of a law enforcement officer to
|
24 | | submit to a test designated by the officer, no test
shall |
25 | | be given, but the law enforcement officer shall file with |
26 | | the clerk
of the circuit court for the county in which the |
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1 | | arrest was made, and with
the Department of Natural |
2 | | Resources, a sworn
statement naming the person refusing to |
3 | | take and complete the chemical test
or tests
requested |
4 | | under the provisions of this Section. Such sworn statement |
5 | | shall
identify the arrested person, such person's current |
6 | | residence address and
shall specify that a refusal by such |
7 | | person to take the chemical test or
tests was
made. Such |
8 | | sworn statement shall include a statement that the |
9 | | arresting
officer had reasonable cause to believe the |
10 | | person was operating or was in
actual physical control of |
11 | | the
watercraft within this State while under the influence |
12 | | of alcohol, other
drug or drugs, intoxicating compound or |
13 | | compounds, or combination thereof
and that such
chemical |
14 | | test or tests were made as an
incident to and following the |
15 | | lawful arrest for an offense as defined in
this Section or |
16 | | a similar provision of a local ordinance, and that the
|
17 | | person after being arrested for an offense arising out of |
18 | | acts alleged to
have been committed while so operating a |
19 | | watercraft refused to submit to
and complete a chemical |
20 | | test or tests as requested by the law enforcement
officer.
|
21 | | 3.1. The law enforcement officer submitting the sworn |
22 | | statement as
provided in
paragraph 3 of this subsection (B) |
23 | | shall serve immediate written notice upon
the
person |
24 | | refusing the chemical test or tests that the person's |
25 | | privilege to
operate a
watercraft within this State will be |
26 | | suspended for a period of 2 years unless,
within 28 days |
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1 | | from the date of the notice, the person requests in writing |
2 | | a
hearing
on the suspension.
|
3 | | If the person desires a hearing, such person
shall file |
4 | | a complaint in the circuit court for and in the county in |
5 | | which
such person was arrested for such hearing. Such |
6 | | hearing shall proceed in
the court in the same manner as |
7 | | other civil proceedings, shall cover only
the issues of |
8 | | whether the person was placed under arrest for an offense |
9 | | as
defined in this Section or a similar provision of a |
10 | | local ordinance as
evidenced by the issuance of a uniform |
11 | | citation; whether the arresting
officer had reasonable |
12 | | grounds to believe that such person was operating a
|
13 | | watercraft while under the influence of alcohol, other drug |
14 | | or drugs,
intoxicating compound or compounds, or |
15 | | combination
thereof; and whether such person refused to |
16 | | submit and complete the
chemical test or
tests upon the |
17 | | request of the law enforcement officer. Whether the person
|
18 | | was informed that such person's privilege to operate a |
19 | | watercraft would be
suspended if such person refused to |
20 | | submit to the chemical test or tests
shall not be an
issue.
|
21 | | If the person fails to request in writing a hearing |
22 | | within 28 days from
the date of notice, or if a hearing is |
23 | | held and the court finds against the
person on the issues |
24 | | before the court, the
clerk shall immediately notify the |
25 | | Department of Natural Resources, and the Department shall |
26 | | suspend the watercraft operation
privileges of the person |
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1 | | for at least 2 years.
|
2 | | 3.2. If the person is a CDL holder and submits to a |
3 | | test that discloses an alcohol
concentration
of 0.08
or |
4 | | more, or any amount of a drug, substance or intoxicating |
5 | | compound in the
person's
breath, blood, other bodily |
6 | | substance, or urine resulting from the unlawful use of |
7 | | cannabis listed in
the Cannabis
Control Act, a controlled |
8 | | substance listed in the Illinois Controlled
Substances |
9 | | Act, methamphetamine as listed in the Methamphetamine |
10 | | Control and Community Protection Act, or an
intoxicating |
11 | | compound listed in the Use of Intoxicating Compounds Act, |
12 | | the law
enforcement officer shall immediately submit a |
13 | | sworn report to the circuit
clerk of venue
and the |
14 | | Department of Natural Resources, certifying that the test |
15 | | or tests were
requested
under paragraph 1 of this |
16 | | subsection (B) and the person submitted to testing
that
|
17 | | disclosed an alcohol concentration of 0.08 or more or any |
18 | | amount of a drug, substance or intoxicating compound in the
|
19 | | person's
breath, blood, other bodily substance, or urine |
20 | | resulting from the unlawful use of cannabis listed in the |
21 | | Cannabis Control Act, a controlled substance listed in the |
22 | | Illinois Controlled
Substances Act, methamphetamine as |
23 | | listed in the Methamphetamine Control and Community |
24 | | Protection Act, or an
intoxicating compound listed in the |
25 | | Use of Intoxicating Compounds Act. If the person is not a |
26 | | CDL holder and submits to a test that discloses an alcohol
|
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1 | | concentration
of 0.08
or more, a tetrahydrocannabinol |
2 | | concentration in the person's whole blood or other bodily |
3 | | substance as defined in paragraph 6 of subsection (a) of |
4 | | Section 11-501.2 of the Illinois Vehicle Code, or any |
5 | | amount of a drug, substance or intoxicating compound in the
|
6 | | person's
breath, blood, other bodily substance, or urine |
7 | | resulting from the unlawful use of a controlled substance |
8 | | listed in the Illinois Controlled
Substances Act, |
9 | | methamphetamine as listed in the Methamphetamine Control |
10 | | and Community Protection Act, or an
intoxicating compound |
11 | | listed in the Use of Intoxicating Compounds Act, the law
|
12 | | enforcement officer shall immediately submit a sworn |
13 | | report to the circuit
clerk of venue
and the Department of |
14 | | Natural Resources, certifying that the test or tests were
|
15 | | requested
under paragraph 1 of this subsection (B) and the |
16 | | person submitted to testing
that
disclosed an alcohol |
17 | | concentration of 0.08 or more, a tetrahydrocannabinol |
18 | | concentration in the person's whole blood or other bodily |
19 | | substance as defined in paragraph 6 of subsection (a) of |
20 | | Section 11-501.2 of the Illinois Vehicle Code, or any |
21 | | amount of a drug, substance or intoxicating compound in the
|
22 | | person's
breath, blood, other bodily substance, or urine |
23 | | resulting from the unlawful use of a controlled substance |
24 | | listed in the Illinois Controlled
Substances Act, |
25 | | methamphetamine as listed in the Methamphetamine Control |
26 | | and Community Protection Act, or an
intoxicating compound |
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1 | | listed in the Use of Intoxicating Compounds Act .
|
2 | | In cases involving a person who is a CDL holder where |
3 | | the blood alcohol concentration of 0.08 or greater or any
|
4 | | amount of
drug, substance or compound resulting from the |
5 | | unlawful use of cannabis, a
controlled
substance , |
6 | | methamphetamine, or an intoxicating compound is |
7 | | established by a subsequent analysis
of blood , other bodily |
8 | | substance, or urine collected at the time of arrest, the |
9 | | arresting officer or arresting
agency shall
immediately |
10 | | submit a sworn report to the circuit clerk of venue and the
|
11 | | Department of
Natural Resources upon receipt of the test |
12 | | results. In cases involving a person who is not a CDL |
13 | | holder where the blood alcohol concentration of 0.08 or |
14 | | greater, a tetrahydrocannabinol concentration in the |
15 | | person's whole blood or other bodily substance as defined |
16 | | in paragraph 6 of subsection (a) of Section 11-501.2 of the |
17 | | Illinois Vehicle Code, or or any
amount of drug, substance, |
18 | | or compound resulting from the unlawful use of
a controlled |
19 | | substance, methamphetamine, or an intoxicating compound is |
20 | | established by
a subsequent analysis of blood, other bodily |
21 | | substance, or urine collected at the time of arrest, the
|
22 | | arresting officer or arresting agency shall immediately |
23 | | submit a sworn report
to the circuit clerk of venue and the |
24 | | Department of Natural Resources upon
receipt of the test |
25 | | results.
|
26 | | 4. A person must submit to each chemical test offered |
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1 | | by the law
enforcement
officer
in order to comply with the |
2 | | implied consent provisions of this Section.
|
3 | | 5. The provisions of Section 11-501.2 of the Illinois |
4 | | Vehicle Code, as
amended, concerning the certification and |
5 | | use of chemical tests apply to the
use of such tests under |
6 | | this Section.
|
7 | | (C) Upon the trial of any civil or criminal action or |
8 | | proceeding arising out
of acts alleged to have been committed |
9 | | by any person while operating a
watercraft while under the |
10 | | influence of alcohol, other drug or drugs, intoxicating |
11 | | compound or compounds, or combination
thereof, the |
12 | | concentration of alcohol , drug, or compound in the person's |
13 | | blood , other bodily substance, or breath at the time alleged as |
14 | | shown by analysis of a
person's blood, urine, breath, or other |
15 | | bodily substance shall give rise to the
presumptions specified |
16 | | in subdivisions 1, 2, and 3 of
subsection (b) and subsection |
17 | | (b-5) of Section 11-501.2 of the Illinois Vehicle Code. The |
18 | | foregoing
provisions of this subsection (C) shall not be
|
19 | | construed
as limiting the introduction of any other relevant |
20 | | evidence bearing upon the
question whether the person was under |
21 | | the influence of alcohol , other drug or drugs, intoxicating |
22 | | compound or compounds, or a combination thereof .
|
23 | | (D) If a person under arrest refuses to submit to a |
24 | | chemical test under
the provisions of this Section, evidence of |
25 | | refusal shall be admissible in
any civil or criminal action or |
26 | | proceeding arising out of acts alleged to
have been committed |
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1 | | while the person under the influence of alcohol,
other drug or |
2 | | drugs, intoxicating compound or compounds, or combination
of |
3 | | them was operating a watercraft.
|
4 | | (E) The owner of any watercraft or any person given |
5 | | supervisory
authority over a watercraft, may not knowingly |
6 | | permit a watercraft to be
operated by any person under the |
7 | | influence of alcohol, other drug or drugs,
intoxicating |
8 | | compound or compounds, or
combination thereof.
|
9 | | (F) Whenever any person is convicted or found guilty of a |
10 | | violation of
this
Section, including any person placed on court |
11 | | supervision, the court shall
notify the Office of Law |
12 | | Enforcement of the
Department of Natural Resources, to provide |
13 | | the Department with the records
essential for the performance |
14 | | of the Department's duties to monitor and enforce
any order of |
15 | | suspension or revocation concerning the privilege to operate a
|
16 | | watercraft.
|
17 | | (G) No person who has been arrested and charged for |
18 | | violating paragraph 1 of
subsection (A) of this Section shall |
19 | | operate any watercraft within this State
for a period of 24 |
20 | | hours after such arrest.
|
21 | | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
|
22 | | (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
|
23 | | Sec. 5-16a.
Admissibility of chemical tests of blood , other |
24 | | bodily substance, or urine conducted in the regular course of |
25 | | providing emergency medical
treatment.
|
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1 | | (a) Notwithstanding any other provision of law, the written |
2 | | results of
blood , other bodily substance, or urine alcohol and |
3 | | drug tests conducted upon persons receiving medical treatment |
4 | | in a
hospital emergency room are admissible in evidence as a |
5 | | business record
exception to the hearsay rule only in |
6 | | prosecutions for any violation of
Section 5-16 of this Act or a |
7 | | similar provision of a local
ordinance or in prosecutions for |
8 | | reckless homicide brought under the Criminal
Code of 1961 or |
9 | | the Criminal Code of 2012, when:
|
10 | | (1) the chemical tests performed upon an individual's |
11 | | blood , other bodily substance, or urine were ordered
in the |
12 | | regular course of providing emergency treatment and not at |
13 | | the request
of law enforcement authorities; and
|
14 | | (2) the chemical tests performed upon an individual's |
15 | | blood , other bodily substance, or urine
were performed by |
16 | | the laboratory routinely used by the hospital.
|
17 | | Results of
chemical tests performed upon an individual's |
18 | | blood , other bodily substance, or urine are admissible into
|
19 | | evidence regardless of the time that the records were prepared.
|
20 | | (b) The confidentiality provisions of law pertaining to |
21 | | medical records
and medical treatment shall not be applicable |
22 | | with regard to chemical
tests performed upon an individual's |
23 | | blood , other bodily substance, or urine under the provisions of
|
24 | | this Section in prosecutions as
specified in subsection (a) of |
25 | | this Section. No person shall be liable for
civil damages as a |
26 | | result of the evidentiary use of the results of chemical
|
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1 | | testing of an individual's blood , other bodily substance, or |
2 | | urine under this Section or as a result of that person's |
3 | | testimony made
available under this Section.
|
4 | | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
|
5 | | (625 ILCS 45/5-16a.1)
|
6 | | Sec. 5-16a.1.
Reporting of test results of blood , other |
7 | | bodily substance, or urine conducted in the
regular course of
|
8 | | providing emergency medical treatment.
|
9 | | (a) Notwithstanding any other provision of law, the results |
10 | | of blood , other bodily substance, or
urine
tests
performed for |
11 | | the purpose of determining the content of alcohol, other drug |
12 | | or
drugs, intoxicating compound or compounds, or any |
13 | | combination of them in an
individual's blood , other bodily |
14 | | substance, or
urine, conducted upon persons receiving medical |
15 | | treatment in a hospital
emergency room for
injuries resulting |
16 | | from a boating accident, shall be disclosed to the
Department
|
17 | | of Natural
Resources or local law enforcement agencies of |
18 | | jurisdiction, upon request. The
blood , other bodily substance, |
19 | | or urine
tests are admissible in evidence as a business record |
20 | | exception to the hearsay
rule only in
prosecutions for |
21 | | violations of Section 5-16 of this Code or a similar provision
|
22 | | of a local
ordinance, or in prosecutions for reckless homicide |
23 | | brought under the Criminal
Code of 1961 or the Criminal Code of |
24 | | 2012.
|
25 | | (b) The confidentiality provisions of the law pertaining to |
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1 | | medical records
and medical
treatment shall not be applicable |
2 | | with regard to tests performed upon an
individual's blood , |
3 | | other bodily substance, or
urine under the provisions of |
4 | | subsection (a) of this Section. No person is
liable for civil |
5 | | damages
or professional discipline as a result of disclosure or |
6 | | reporting of the tests
or the evidentiary use
of an |
7 | | individual's blood , other bodily substance, or urine test |
8 | | results under this Section or
Section 5-16a, or as a
result of |
9 | | that person's testimony made available under this Section or |
10 | | Section
5-16a, except for
willful or wanton misconduct.
|
11 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
12 | | (625 ILCS 45/5-16c) |
13 | | Sec. 5-16c. Operator involvement in personal injury or |
14 | | fatal boating accident; chemical tests. |
15 | | (a) Any person who operates or is in actual physical |
16 | | control of a motorboat within this State and who has been |
17 | | involved in a personal injury or fatal boating accident shall |
18 | | be deemed to have given consent to a breath test using a |
19 | | portable device as approved by the Department of State Police |
20 | | or to a chemical test or tests of blood, breath, other bodily |
21 | | substance, or urine for the purpose of determining the content |
22 | | of alcohol, other drug or drugs, or intoxicating compound or |
23 | | compounds of the person's blood if arrested as evidenced by the |
24 | | issuance of a uniform citation for a violation of the Boat |
25 | | Registration and Safety Act or a similar provision of a local |
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1 | | ordinance, with the exception of equipment violations |
2 | | contained in Article IV of this Act or similar provisions of |
3 | | local ordinances. The test or tests shall be administered at |
4 | | the direction of the arresting officer. The law enforcement |
5 | | agency employing the officer shall designate which of the |
6 | | aforesaid tests shall be administered. Up to 2 additional tests |
7 | | of A urine or other bodily substance test may be administered |
8 | | even after a blood or breath test or both has been |
9 | | administered. Compliance with this Section does not relieve the |
10 | | person from the requirements of any other Section of this Act. |
11 | | (b) Any person who is dead, unconscious, or who is |
12 | | otherwise in a
condition rendering that person incapable of |
13 | | refusal shall be deemed not to
have withdrawn the consent |
14 | | provided by subsection (a) of this Section. In
addition, if an |
15 | | operator of a motorboat is receiving medical treatment as a
|
16 | | result of a boating accident, any physician licensed to |
17 | | practice
medicine, licensed physician assistant, licensed |
18 | | advanced practice nurse, registered nurse, or a phlebotomist |
19 | | acting under the direction of
a licensed physician shall |
20 | | withdraw blood for testing purposes to ascertain
the presence |
21 | | of alcohol, other drug or drugs, or intoxicating
compound or |
22 | | compounds, upon the specific request of a law
enforcement |
23 | | officer. However, this testing shall not be performed until, in
|
24 | | the opinion of the medical personnel on scene, the withdrawal |
25 | | can be made
without interfering with or endangering the |
26 | | well-being of the patient. |
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1 | | (c) A person who is a CDL holder requested to submit to a |
2 | | test under subsection (a) of this Section shall be
warned by |
3 | | the law enforcement officer requesting the test that a refusal |
4 | | to
submit to the test, or submission to the test resulting in |
5 | | an alcohol
concentration of 0.08 or more, or any amount of a |
6 | | drug, substance,
or intoxicating compound
resulting from the |
7 | | unlawful use or consumption of cannabis listed in the
Cannabis |
8 | | Control Act, a controlled substance listed in the Illinois
|
9 | | Controlled Substances Act, an intoxicating compound listed in |
10 | | the Use of
Intoxicating Compounds Act, or methamphetamine as |
11 | | listed in the Methamphetamine Control and Community Protection |
12 | | Act as detected in the person's blood , other bodily substance, |
13 | | or urine, may
result in the suspension of the person's |
14 | | privilege to operate a motor vehicle and may result in the |
15 | | disqualification of the person's privilege to operate a |
16 | | commercial motor vehicle, as provided in Section 6-514 of the |
17 | | Illinois Vehicle Code . A person who is not a CDL holder |
18 | | requested to submit to a test under subsection (a) of this |
19 | | Section shall be
warned by the law enforcement officer |
20 | | requesting the test that a refusal to
submit to the test, or |
21 | | submission to the test resulting in an alcohol
concentration of |
22 | | 0.08 or more, a tetrahydrocannabinol concentration in the |
23 | | person's whole blood or other bodily substance as defined in |
24 | | paragraph 6 of subsection (a) of Section 11-501.2 of the |
25 | | Illinois Vehicle Code, or any amount of a drug, substance,
or |
26 | | intoxicating compound
resulting from the unlawful use or |
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1 | | consumption of a controlled substance listed in the Illinois
|
2 | | Controlled Substances Act, an intoxicating compound listed in |
3 | | the Use of
Intoxicating Compounds Act, or methamphetamine as |
4 | | listed in the Methamphetamine Control and Community Protection |
5 | | Act as detected in the person's blood, other bodily substance, |
6 | | or urine, may
result in the suspension of the person's |
7 | | privilege to operate a motor vehicle , if the person is a CDL |
8 | | holder .
The length of the suspension shall be the same as |
9 | | outlined in Section
6-208.1 of the Illinois Vehicle Code |
10 | | regarding statutory summary suspensions. |
11 | | (d) If the person is a CDL holder and refuses testing or |
12 | | submits to a test which discloses
an alcohol concentration of |
13 | | 0.08 or more, or any amount of a drug,
substance,
or |
14 | | intoxicating compound in the person's blood , other bodily |
15 | | substance, or urine resulting from the
unlawful use or
|
16 | | consumption of cannabis listed in the Cannabis Control Act, a |
17 | | controlled
substance listed in the Illinois Controlled |
18 | | Substances Act, an
intoxicating
compound listed in the Use of |
19 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
20 | | Methamphetamine Control and Community Protection Act, the law
|
21 | | enforcement officer shall immediately submit a sworn report to |
22 | | the Secretary of
State on a form prescribed by the Secretary of |
23 | | State, certifying that the test or tests
were requested under |
24 | | subsection (a) of this Section and the person refused to submit |
25 | | to a
test or tests or submitted to testing which disclosed an |
26 | | alcohol concentration
of 0.08 or more, or any amount of a drug, |
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1 | | substance, or intoxicating
compound
in the
person's blood , |
2 | | other bodily substance, or urine, resulting from the unlawful |
3 | | use or consumption of
cannabis listed in the Cannabis Control |
4 | | Act, a controlled substance
listed in
the Illinois Controlled |
5 | | Substances Act,
an intoxicating compound listed in
the Use of |
6 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
7 | | Methamphetamine Control and Community Protection Act. If the |
8 | | person is not a CDL holder refuses testing or submits to a test |
9 | | which discloses
an alcohol concentration of 0.08 or more, a |
10 | | tetrahydrocannabinol concentration in the person's whole blood |
11 | | or other bodily substance as defined in paragraph 6 of |
12 | | subsection (a) of Section 11-501.2 of the Illinois Vehicle |
13 | | Code, or any amount of a drug,
substance,
or intoxicating |
14 | | compound in the person's blood, other bodily substance, or |
15 | | urine resulting from the
unlawful use or
consumption of a |
16 | | controlled
substance listed in the Illinois Controlled |
17 | | Substances Act, an
intoxicating
compound listed in the Use of |
18 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
19 | | Methamphetamine Control and Community Protection Act, the law
|
20 | | enforcement officer shall immediately submit a sworn report to |
21 | | the Secretary of
State on a form prescribed by the Secretary of |
22 | | State, certifying that the test or tests
were requested under |
23 | | subsection (a) of this Section and the person refused to submit |
24 | | to a
test or tests or submitted to testing which disclosed an |
25 | | alcohol concentration
of 0.08 or more, a tetrahydrocannabinol |
26 | | concentration in the person's whole blood or other bodily |
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1 | | substance as defined in paragraph 6 of subsection (a) of |
2 | | Section 11-501.2 of the Illinois Vehicle Code, or any amount of |
3 | | a drug, substance, or intoxicating
compound
in the
person's |
4 | | blood or urine, resulting from the unlawful use or consumption |
5 | | of
a controlled substance
listed in
the Illinois Controlled |
6 | | Substances Act,
an intoxicating compound listed in
the Use of |
7 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
8 | | Methamphetamine Control and Community Protection Act. |
9 | | Upon receipt of the sworn report of a law enforcement |
10 | | officer, the
Secretary of State shall enter the suspension and |
11 | | disqualification to the person's driving record and the
|
12 | | suspension and disqualification shall be effective on the 46th |
13 | | day following the date notice of the
suspension was given to |
14 | | the person. |
15 | | The law enforcement officer submitting the sworn report |
16 | | shall serve immediate
notice of this suspension on the person |
17 | | and this suspension and disqualification shall be effective
on |
18 | | the 46th day following the date notice was given. |
19 | | In cases involving a person who is a CDL holder where the |
20 | | blood alcohol concentration of 0.08 or more,
or any amount
of a |
21 | | drug, substance, or intoxicating compound 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,
an
intoxicating
compound listed in |
25 | | the Use of Intoxicating Compounds Act, or methamphetamine as |
26 | | listed in the Methamphetamine Control and Community Protection |
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1 | | Act, is established by a
subsequent analysis of blood , other |
2 | | bodily substance, or urine collected at the time of arrest, the
|
3 | | arresting officer shall give notice as provided in this Section |
4 | | or by deposit
in the United States mail of this notice in an |
5 | | envelope with postage prepaid
and addressed to the person at |
6 | | his or her address as shown on the uniform citation and the |
7 | | suspension and disqualification shall be effective on the 46th |
8 | | day following the date
notice was given. In cases involving a |
9 | | person who is not a CDL holder where the blood alcohol |
10 | | concentration of 0.08 or more, a tetrahydrocannabinol |
11 | | concentration in the person's whole blood or other bodily |
12 | | substance as defined in paragraph 6 of subsection (a) of |
13 | | Section 11-501.2 of the Illinois Vehicle Code,
or any amount
of |
14 | | a drug, substance, or intoxicating compound resulting from the |
15 | | unlawful
use or
consumption of a
controlled
substance listed in |
16 | | the Illinois Controlled Substances Act,
an
intoxicating
|
17 | | compound listed in the Use of Intoxicating Compounds Act, or |
18 | | methamphetamine as listed in the Methamphetamine Control and |
19 | | Community Protection Act, is established by a
subsequent |
20 | | analysis of blood, other bodily substance, or urine collected |
21 | | at the time of arrest, the
arresting officer shall give notice |
22 | | as provided in this Section or by deposit
in the United States |
23 | | mail of this notice in an envelope with postage prepaid
and |
24 | | addressed to the person at his or her address as shown on the |
25 | | uniform citation and the suspension shall be effective on the |
26 | | 46th day following the date
notice was given. |
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1 | | Upon receipt of the sworn report of a law enforcement |
2 | | officer, the Secretary of State
shall also give notice of the |
3 | | suspension and disqualification to the person by mailing a |
4 | | notice of
the effective date of the suspension and |
5 | | disqualification to the person. However, should the
sworn |
6 | | report be defective by not containing sufficient information or |
7 | | be
completed in error, the notice of the suspension and |
8 | | disqualification shall not be mailed to the
person or entered |
9 | | to the driving record, but rather the sworn report shall be
|
10 | | returned to the issuing law enforcement agency. |
11 | | (e) A person may contest this suspension of his or her
|
12 | | driving privileges and disqualification of his or her CDL |
13 | | privileges by
requesting an administrative hearing with the |
14 | | Secretary of State in accordance with
Section 2-118 of the |
15 | | Illinois Vehicle Code. At the conclusion of a hearing held |
16 | | under
Section 2-118 of the Illinois Vehicle Code, the Secretary |
17 | | of State may rescind, continue, or modify the
orders
of |
18 | | suspension and disqualification. If the Secretary of State does |
19 | | not rescind the orders of suspension and disqualification, a |
20 | | restricted
driving permit may be granted by the Secretary of |
21 | | State upon application being made and
good cause shown. A |
22 | | restricted driving permit may be granted to relieve undue
|
23 | | hardship to allow driving for employment, educational, and |
24 | | medical purposes as
outlined in Section 6-206 of the Illinois |
25 | | Vehicle Code. The provisions of Section 6-206 of
the Illinois |
26 | | Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the |
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1 | | Secretary of State may not issue a restricted driving permit |
2 | | for the operation of a commercial motor vehicle to a person |
3 | | holding a CDL whose driving privileges have been suspended, |
4 | | revoked, cancelled, or disqualified. |
5 | | (f) For the purposes of this Section, a personal injury |
6 | | shall include
any type A injury as indicated on the accident |
7 | | report completed
by a law enforcement officer that requires |
8 | | immediate professional attention
in a doctor's office or a |
9 | | medical facility. A type A injury shall
include severely |
10 | | bleeding wounds, distorted extremities, and injuries that
|
11 | | require the injured party to be carried from the scene.
|
12 | | (Source: P.A. 98-103, eff. 1-1-14.)
|
13 | | Section 20. The Code of Criminal Procedure of 1963 is |
14 | | amended by changing 115-15 as follows:
|
15 | | (725 ILCS 5/115-15)
|
16 | | Sec. 115-15. Laboratory reports.
|
17 | | (a) In any criminal prosecution for a violation of
the |
18 | | Cannabis
Control Act, the Illinois Controlled Substances Act, |
19 | | or the Methamphetamine Control and Community Protection Act, a |
20 | | laboratory report
from the Department of State Police, Division |
21 | | of Forensic Services, that is
signed and sworn to by the person |
22 | | performing an
analysis and that states (1) that the substance |
23 | | that is the basis of the
alleged
violation
has been weighed and |
24 | | analyzed, and (2) the person's findings as to the
contents, |
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1 | | weight and identity of the substance, and (3) that it contains |
2 | | any
amount of a controlled substance or cannabis is prima facie |
3 | | evidence of the
contents, identity and weight of the substance. |
4 | | Attached to the report
shall be a copy of a notarized statement |
5 | | by the signer of the report giving
the name of the signer and |
6 | | stating (i) that he or she is an employee of the
Department of |
7 | | State Police, Division of Forensic Services,
(ii) the name and |
8 | | location of the laboratory where the analysis was
performed, |
9 | | (iii) that performing the analysis is a part of his or her |
10 | | regular
duties, and (iv) that the signer is qualified by |
11 | | education, training and
experience to perform the analysis. The |
12 | | signer shall also allege that
scientifically accepted tests |
13 | | were performed with due caution and that the
evidence was |
14 | | handled in accordance with established and accepted procedures
|
15 | | while in the custody of the laboratory.
|
16 | | (a-5) In any criminal prosecution for reckless homicide |
17 | | under Section 9-3
of the
Criminal Code of
1961 or the Criminal |
18 | | Code of 2012, or driving under the influence of alcohol, other |
19 | | drug, or combination of
both, in
violation of Section
11-501 of |
20 | | the Illinois Vehicle Code or in any civil action held under a
|
21 | | statutory summary
suspension or revocation hearing under |
22 | | Section 2-118.1 of the Illinois Vehicle Code, a
laboratory |
23 | | report from the
Department of State Police, Division of |
24 | | Forensic Services, that is signed and
sworn to by the person
|
25 | | performing an analysis, and that states
that the sample of |
26 | | blood , other bodily substance, or urine was tested for alcohol |
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1 | | or
drugs, and
contains the person's findings as to the presence |
2 | | and amount
of
alcohol or
drugs and type of drug is prima facie |
3 | | evidence of
the presence, content, and amount of the alcohol or |
4 | | drugs analyzed in
the blood , other bodily substance, or urine. |
5 | | Attached to the report must be a copy of a notarized
statement |
6 | | by the
signer of the report giving the name of the signer and |
7 | | stating (1) that he or
she is an employee
of the Department of |
8 | | State Police, Division of Forensic Services, (2) the name
and |
9 | | location
of the laboratory where the analysis was performed, |
10 | | (3) that performing the
analysis is a part
of his or her |
11 | | regular duties, (4) that the signer is qualified by
education, |
12 | | training, and
experience to perform the analysis, and (5) that
|
13 | | scientifically accepted
tests were performed with due caution |
14 | | and that the evidence was handled in
accordance with
|
15 | | established and accepted procedures while in the custody of the |
16 | | laboratory.
|
17 | | (b) The State's Attorney shall serve a copy of the report |
18 | | on the
attorney of record for the accused, or on the accused if |
19 | | he or she has no
attorney, before any proceeding in which the |
20 | | report is to be used against
the accused other than at a |
21 | | preliminary hearing or grand jury hearing when
the report may |
22 | | be used without having been previously served upon the accused.
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23 | | (c) The report shall not be prima facie evidence if the
|
24 | | accused or his or her attorney
demands the testimony of the |
25 | | person signing the report by serving the
demand upon the |
26 | | State's Attorney within 7 days from the accused or his or her
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1 | | attorney's receipt of the report.
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2 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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3 | | Section 25. The Unified Code of Corrections is amended by |
4 | | changing Section 5-9-1.9 as follows:
|
5 | | (730 ILCS 5/5-9-1.9)
|
6 | | Sec. 5-9-1.9. DUI analysis fee.
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7 | | (a) "Crime laboratory" means a not-for-profit laboratory |
8 | | substantially
funded by a single unit or combination of units |
9 | | of local government or the
State of
Illinois that regularly |
10 | | employs at least one person engaged in the DUI
analysis of |
11 | | blood , other bodily substance, and urine for criminal justice |
12 | | agencies in criminal matters
and provides testimony with |
13 | | respect to such examinations.
|
14 | | "DUI analysis" means an analysis of blood , other bodily |
15 | | substance, or urine for purposes of
determining whether a |
16 | | violation of Section 11-501 of the Illinois Vehicle Code
has |
17 | | occurred.
|
18 | | (b) When a person has been adjudged guilty of an offense in |
19 | | violation of
Section 11-501 of the Illinois Vehicle Code, in |
20 | | addition to any other
disposition, penalty, or fine imposed, a |
21 | | crime laboratory DUI analysis fee of
$150 for each offense for |
22 | | which the person was convicted shall be levied by the
court for |
23 | | each case in which a laboratory analysis occurred. Upon |
24 | | verified
petition of the person, the court may suspend payment |
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1 | | of all or part of the fee
if it finds that the person does not |
2 | | have the ability to pay the fee.
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3 | | (c) In addition to any other disposition made under the |
4 | | provisions of
the Juvenile Court Act of 1987, any minor |
5 | | adjudicated delinquent for an offense
which if committed by an |
6 | | adult would constitute a violation of Section 11-501
of the |
7 | | Illinois Vehicle Code shall be assessed a crime laboratory DUI |
8 | | analysis
fee of $150 for each adjudication. Upon verified |
9 | | petition of the minor, the
court may suspend payment of all or |
10 | | part of the fee if it finds
that the minor does not have the |
11 | | ability to pay the fee. The parent, guardian,
or legal |
12 | | custodian of the minor may pay some or all of the fee on the |
13 | | minor's
behalf.
|
14 | | (d) All crime laboratory DUI analysis fees provided for by |
15 | | this Section
shall
be collected by the clerk of the court and |
16 | | forwarded to the appropriate crime
laboratory DUI fund as |
17 | | provided in subsection (f).
|
18 | | (e) Crime laboratory funds shall be established as follows:
|
19 | | (1) A unit of local government that maintains a crime |
20 | | laboratory may
establish a crime laboratory DUI fund within |
21 | | the office of the county or
municipal treasurer.
|
22 | | (2) Any combination of units of local government that |
23 | | maintains a crime
laboratory may establish a crime |
24 | | laboratory DUI fund within the office of the
treasurer of |
25 | | the county where the crime laboratory is situated.
|
26 | | (3) The State Police DUI Fund is created as a
special |
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1 | | fund in
the State Treasury.
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2 | | (f) The analysis fee provided for in subsections (b) and |
3 | | (c) of this Section
shall be forwarded to the office of the |
4 | | treasurer of the unit of local
government that performed the |
5 | | analysis if that unit of local government has
established a |
6 | | crime laboratory DUI fund, or to the State Treasurer for |
7 | | deposit
into the State Police DUI Fund if the analysis was
|
8 | | performed by a
laboratory operated by the Department of State |
9 | | Police. If the analysis was
performed by a crime laboratory |
10 | | funded by a combination of units of local
government, the |
11 | | analysis fee shall be forwarded to the treasurer of the county
|
12 | | where the crime laboratory is situated if a crime laboratory |
13 | | DUI fund has been
established in that county. If the unit of |
14 | | local government or combination of
units of local government |
15 | | has not established a crime laboratory DUI fund, then
the |
16 | | analysis fee shall be forwarded to the State Treasurer for |
17 | | deposit into
the State Police DUI Fund. The clerk of the |
18 | | circuit
court may retain
the
amount of $10 from each collected |
19 | | analysis fee to offset administrative costs
incurred in |
20 | | carrying out the clerk's responsibilities under this Section.
|
21 | | (g) Fees deposited into a crime laboratory DUI fund created |
22 | | under
paragraphs (1) and (2) of subsection (e) of this Section |
23 | | shall be in addition
to any allocations made pursuant to |
24 | | existing law and shall be designated for
the exclusive use of |
25 | | the crime laboratory. These uses may include, but are not
|
26 | | limited to, the following:
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1 | | (1) Costs incurred in providing analysis for DUI |
2 | | investigations conducted
within this State.
|
3 | | (2) Purchase and maintenance of equipment for use in |
4 | | performing analyses.
|
5 | | (3) Continuing education, training, and professional |
6 | | development of
forensic scientists regularly employed by |
7 | | these laboratories.
|
8 | | (h) Fees deposited in the State Police DUI Fund
created |
9 | | under
paragraph (3) of subsection (e) of this Section shall be |
10 | | used by
State crime laboratories as designated by the Director |
11 | | of State Police. These
funds shall be in addition to any |
12 | | allocations made according to existing law
and shall be |
13 | | designated for the exclusive use of State crime laboratories.
|
14 | | These uses may include those enumerated in subsection (g) of |
15 | | this Section.
|
16 | | (Source: P.A. 91-822, eff. 6-13-00.)
|
17 | | Section 95. No acceleration or delay. Where this Act makes |
18 | | changes in a statute that is represented in this Act by text |
19 | | that is not yet or no longer in effect (for example, a Section |
20 | | represented by multiple versions), the use of that text does |
21 | | not accelerate or delay the taking effect of (i) the changes |
22 | | made by this Act or (ii) provisions derived from any other |
23 | | Public Act.".
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