99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5976

 

Introduced , by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-106.1a
625 ILCS 5/6-517  from Ch. 95 1/2, par. 6-517
625 ILCS 5/11-501.1
625 ILCS 5/11-501.6  from Ch. 95 1/2, par. 11-501.6
625 ILCS 5/11-501.8

    Amends the Illinois Vehicle Code. Provides that if effectuating a written acknowledgment from a person requested to submit to a test for driving under the influence of drugs or alcohol would pose a clear and imminent risk of great bodily harm to the officer, the person requested, or another person, the officer shall document the incident in a police report in lieu of acquiring a written acknowledgement. Provides that if a person requested to submit to a test is incapacitated or unconscious, the officer shall make a written notation that the person was unable to acknowledge in writing and document the incident in a police report.


LRB099 16446 RJF 40779 b

 

 

A BILL FOR

 

HB5976LRB099 16446 RJF 40779 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-106.1a, 6-517, 11-501.1, 11-501.6, and 11-501.8 as
6follows:
 
7    (625 ILCS 5/6-106.1a)
8    Sec. 6-106.1a. Cancellation of school bus driver permit;
9trace of alcohol.
10    (a) A person who has been issued a school bus driver permit
11by the Secretary of State in accordance with Section 6-106.1 of
12this Code and who drives or is in actual physical control of a
13school bus or any other vehicle owned or operated by or for a
14public or private school, or a school operated by a religious
15institution, when the vehicle is being used over a regularly
16scheduled route for the transportation of persons enrolled as
17students in grade 12 or below, in connection with any activity
18of the entities listed, upon the public highways of this State
19shall be deemed to have given consent to a chemical test or
20tests of blood, breath, or urine for the purpose of determining
21the alcohol content of the person's blood if arrested, as
22evidenced by the issuance of a Uniform Traffic Ticket for any
23violation of this Code or a similar provision of a local

 

 

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1ordinance, if a police officer has probable cause to believe
2that the driver has consumed any amount of an alcoholic
3beverage based upon evidence of the driver's physical condition
4or other first hand knowledge of the police officer. The test
5or tests shall be administered at the direction of the
6arresting officer. The law enforcement agency employing the
7officer shall designate which of the aforesaid tests shall be
8administered. A urine test may be administered even after a
9blood or breath test or both has been administered.
10    (b) A person who is dead, unconscious, or who is otherwise
11in a condition rendering that person incapable of refusal,
12shall be deemed not to have withdrawn the consent provided by
13paragraph (a) of this Section and the test or tests may be
14administered subject to the following provisions:
15        (1) Chemical analysis of the person's blood, urine,
16    breath, or other substance, to be considered valid under
17    the provisions of this Section, shall have been performed
18    according to standards promulgated by the Department of
19    State Police by an individual possessing a valid permit
20    issued by the Department of State Police for this purpose.
21    The Director of State Police is authorized to approve
22    satisfactory techniques or methods, to ascertain the
23    qualifications and competence of individuals to conduct
24    analyses, to issue permits that shall be subject to
25    termination or revocation at the direction of the
26    Department of State Police, and to certify the accuracy of

 

 

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1    breath testing equipment. The Department of State Police
2    shall prescribe rules as necessary.
3        (2) When a person submits to a blood test at the
4    request of a law enforcement officer under the provisions
5    of this Section, only a physician authorized to practice
6    medicine, a licensed physician assistant, a licensed
7    advanced practice nurse, a registered nurse, or other
8    qualified person trained in venipuncture and acting under
9    the direction of a licensed physician may withdraw blood
10    for the purpose of determining the alcohol content. This
11    limitation does not apply to the taking of breath or urine
12    specimens.
13        (3) The person tested may have a physician, qualified
14    technician, chemist, registered nurse, or other qualified
15    person of his or her own choosing administer a chemical
16    test or tests in addition to any test or tests administered
17    at the direction of a law enforcement officer. The test
18    administered at the request of the person may be admissible
19    into evidence at a hearing conducted in accordance with
20    Section 2-118 of this Code. The failure or inability to
21    obtain an additional test by a person shall not preclude
22    the consideration of the previously performed chemical
23    test.
24        (4) Upon a request of the person who submits to a
25    chemical test or tests at the request of a law enforcement
26    officer, full information concerning the test or tests

 

 

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1    shall be made available to the person or that person's
2    attorney by the requesting law enforcement agency within 72
3    hours of receipt of the test result.
4        (5) Alcohol concentration means either grams of
5    alcohol per 100 milliliters of blood or grams of alcohol
6    per 210 liters of breath.
7        (6) If a driver is receiving medical treatment as a
8    result of a motor vehicle accident, a physician licensed to
9    practice medicine, licensed physician assistant, licensed
10    advanced practice nurse, registered nurse, or other
11    qualified person trained in venipuncture and acting under
12    the direction of a licensed physician shall withdraw blood
13    for testing purposes to ascertain the presence of alcohol
14    upon the specific request of a law enforcement officer.
15    However, that testing shall not be performed until, in the
16    opinion of the medical personnel on scene, the withdrawal
17    can be made without interfering with or endangering the
18    well-being of the patient.
19    (c) A person requested to submit to a test as provided in
20this Section shall be warned by the law enforcement officer
21requesting the test that a refusal to submit to the test, or
22submission to the test resulting in an alcohol concentration of
23more than 0.00, may result in the loss of that person's
24privilege to possess a school bus driver permit. The loss of
25the individual's privilege to possess a school bus driver
26permit shall be imposed in accordance with Section 6-106.1b of

 

 

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1this Code. A person requested to submit to a test under this
2Section shall also acknowledge, in writing, receipt of the
3warning required under this subsection (c). If the person
4refuses to acknowledge receipt of the warning, the law
5enforcement officer shall make a written notation on the
6warning that the person refused to sign the warning. A person's
7refusal to sign the warning shall not be evidence that the
8person was not read the warning. If effectuating a written
9acknowledgment from a person requested to submit to a test
10under this Section would pose a clear and imminent risk of
11great bodily harm to the officer, the person requested, or
12another person, the officer shall document the incident in a
13police report in lieu of acquiring a written acknowledgement.
14If a person requested to submit to a test is incapacitated or
15unconscious, the officer shall make a written notation that the
16person was unable to acknowledge in writing and document the
17incident in a police report.
18    (d) If the person refuses testing or submits to a test that
19discloses an alcohol concentration of more than 0.00, the law
20enforcement officer shall immediately submit a sworn report to
21the Secretary of State on a form prescribed by the Secretary of
22State certifying that the test or tests were requested under
23subsection (a) and the person refused to submit to a test or
24tests or submitted to testing which disclosed an alcohol
25concentration of more than 0.00. The law enforcement officer
26shall submit the same sworn report when a person who has been

 

 

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1issued a school bus driver permit and who was operating a
2school bus or any other vehicle owned or operated by or for a
3public or private school, or a school operated by a religious
4institution, when the vehicle is being used over a regularly
5scheduled route for the transportation of persons enrolled as
6students in grade 12 or below, in connection with any activity
7of the entities listed, submits to testing under Section
811-501.1 of this Code and the testing discloses an alcohol
9concentration of more than 0.00 and less than the alcohol
10concentration at which driving or being in actual physical
11control of a motor vehicle is prohibited under paragraph (1) of
12subsection (a) of Section 11-501.
13    Upon receipt of the sworn report of a law enforcement
14officer, the Secretary of State shall enter the school bus
15driver permit sanction on the individual's driving record and
16the sanction shall be effective on the 46th day following the
17date notice of the sanction was given to the person.
18    The law enforcement officer submitting the sworn report
19shall serve immediate notice of this school bus driver permit
20sanction on the person and the sanction shall be effective on
21the 46th day following the date notice was given.
22    In cases where the blood alcohol concentration of more than
230.00 is established by a subsequent analysis of blood or urine,
24the police officer or arresting agency shall give notice as
25provided in this Section or by deposit in the United States
26mail of that notice in an envelope with postage prepaid and

 

 

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1addressed to that person at his or her last known address and
2the loss of the school bus driver permit shall be effective on
3the 46th day following the date notice was given.
4    Upon receipt of the sworn report of a law enforcement
5officer, the Secretary of State shall also give notice of the
6school bus driver permit sanction to the driver and the
7driver's current employer by mailing a notice of the effective
8date of the sanction to the individual. However, shall the
9sworn report be defective by not containing sufficient
10information or be completed in error, the notice of the school
11bus driver permit sanction may not be mailed to the person or
12his current employer or entered to the driving record, but
13rather the sworn report shall be returned to the issuing law
14enforcement agency.
15    (e) A driver may contest this school bus driver permit
16sanction by requesting an administrative hearing with the
17Secretary of State in accordance with Section 2-118 of this
18Code. An individual whose blood alcohol concentration is shown
19to be more than 0.00 is not subject to this Section if he or she
20consumed alcohol in the performance of a religious service or
21ceremony. An individual whose blood alcohol concentration is
22shown to be more than 0.00 shall not be subject to this Section
23if the individual's blood alcohol concentration resulted only
24from ingestion of the prescribed or recommended dosage of
25medicine that contained alcohol. The petition for that hearing
26shall not stay or delay the effective date of the impending

 

 

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1suspension. The scope of this hearing shall be limited to the
2issues of:
3        (1) whether the police officer had probable cause to
4    believe that the person was driving or in actual physical
5    control of a school bus or any other vehicle owned or
6    operated by or for a public or private school, or a school
7    operated by a religious institution, when the vehicle is
8    being used over a regularly scheduled route for the
9    transportation of persons enrolled as students in grade 12
10    or below, in connection with any activity of the entities
11    listed, upon the public highways of the State and the
12    police officer had reason to believe that the person was in
13    violation of any provision of this Code or a similar
14    provision of a local ordinance; and
15        (2) whether the person was issued a Uniform Traffic
16    Ticket for any violation of this Code or a similar
17    provision of a local ordinance; and
18        (3) whether the police officer had probable cause to
19    believe that the driver had consumed any amount of an
20    alcoholic beverage based upon the driver's physical
21    actions or other first-hand knowledge of the police
22    officer; and
23        (4) whether the person, after being advised by the
24    officer that the privilege to possess a school bus driver
25    permit would be canceled 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
2    alcohol concentration; and
3        (5) whether the person, after being advised by the
4    officer that the privileges to possess a school bus driver
5    permit would be canceled if the person submits to a
6    chemical test or tests and the test or tests disclose an
7    alcohol concentration of more than 0.00 and the person did
8    submit to and complete the test or tests that determined an
9    alcohol concentration of more than 0.00; and
10        (6) whether the test result of an alcohol concentration
11    of more than 0.00 was based upon the person's consumption
12    of alcohol in the performance of a religious service or
13    ceremony; and
14        (7) whether the test result of an alcohol concentration
15    of more than 0.00 was based upon the person's consumption
16    of alcohol through ingestion of the prescribed or
17    recommended dosage of medicine.
18    The Secretary of State may adopt administrative rules
19setting forth circumstances under which the holder of a school
20bus driver permit is not required to appear in person at the
21hearing.
22    Provided that the petitioner may subpoena the officer, the
23hearing may be conducted upon a review of the law enforcement
24officer's own official reports. Failure of the officer to
25answer the subpoena shall be grounds for a continuance if, in
26the hearing officer's discretion, the continuance is

 

 

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1appropriate. At the conclusion of the hearing held under
2Section 2-118 of this Code, the Secretary of State may rescind,
3continue, or modify the school bus driver permit sanction.
4    (f) The results of any chemical testing performed in
5accordance with subsection (a) of this Section are not
6admissible in any civil or criminal proceeding, except that the
7results of the testing may be considered at a hearing held
8under Section 2-118 of this Code. However, the results of the
9testing may not be used to impose driver's license sanctions
10under Section 11-501.1 of this Code. A law enforcement officer
11may, however, pursue a statutory summary suspension or
12revocation of driving privileges under Section 11-501.1 of this
13Code if other physical evidence or first hand knowledge forms
14the basis of that suspension or revocation.
15    (g) This Section applies only to drivers who have been
16issued a school bus driver permit in accordance with Section
176-106.1 of this Code at the time of the issuance of the Uniform
18Traffic Ticket for a violation of this Code or a similar
19provision of a local ordinance, and a chemical test request is
20made under this Section.
21    (h) The action of the Secretary of State in suspending,
22revoking, canceling, or denying any license, permit,
23registration, or certificate of title shall be subject to
24judicial review in the Circuit Court of Sangamon County or in
25the Circuit Court of Cook County, and the provisions of the
26Administrative Review Law and its rules are hereby adopted and

 

 

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1shall apply to and govern every action for the judicial review
2of final acts or decisions of the Secretary of State under this
3Section.
4(Source: P.A. 99-467, eff. 1-1-16.)
 
5    (625 ILCS 5/6-517)  (from Ch. 95 1/2, par. 6-517)
6    Sec. 6-517. Commercial driver; implied consent warnings.
7    (a) Any person driving a commercial motor vehicle who is
8requested by a police officer, pursuant to Section 6-516, to
9submit to a chemical test or tests to determine the alcohol
10concentration or any amount of a drug, substance, or compound
11resulting from the unlawful use or consumption of cannabis
12listed in the Cannabis Control Act, a controlled substance
13listed in the Illinois Controlled Substances Act, an
14intoxicating compound listed in the Use of Intoxicating
15Compounds Act, or methamphetamine as listed in the
16Methamphetamine Control and Community Protection Act in such
17person's system, must be warned by the police officer
18requesting the test or tests that a refusal to submit to the
19test or tests will result in that person being immediately
20placed out-of-service for a period of 24 hours and being
21disqualified from operating a commercial motor vehicle for a
22period of not less than 12 months; the person shall also be
23warned that if such person submits to testing which discloses
24an alcohol concentration of greater than 0.00 but less than
250.04 or any amount of a drug, substance, or compound in such

 

 

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1person's blood or urine resulting from the unlawful use or
2consumption of cannabis listed in the Cannabis Control Act, a
3controlled substance listed in the Illinois Controlled
4Substances Act, an intoxicating compound listed in the Use of
5Intoxicating Compounds Act, or methamphetamine as listed in the
6Methamphetamine Control and Community Protection Act, such
7person shall be placed immediately out-of-service for a period
8of 24 hours; if the person submits to testing which discloses
9an alcohol concentration of 0.04 or more or any amount of a
10drug, substance, or compound in such person's blood or urine
11resulting from the unlawful use or consumption of cannabis
12listed in the Cannabis Control Act, a controlled substance
13listed in the Illinois Controlled Substances Act, an
14intoxicating compound listed in the Use of Intoxicating
15Compounds Act, or methamphetamine as listed in the
16Methamphetamine Control and Community Protection Act, such
17person shall be placed immediately out-of-service and
18disqualified from driving a commercial motor vehicle for a
19period of at least 12 months; also the person shall be warned
20that if such testing discloses an alcohol concentration of
210.08, or more or any amount of a drug, substance, or compound
22in such person's blood or urine resulting from the unlawful use
23or consumption of cannabis listed in the Cannabis Control Act,
24a controlled substance listed in the Illinois Controlled
25Substances Act, an intoxicating compound listed in the Use of
26Intoxicating Compounds Act, or methamphetamine as listed in the

 

 

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1Methamphetamine Control and Community Protection Act, in
2addition to the person being immediately placed out-of-service
3and disqualified for 12 months as provided in this UCDLA, the
4results of such testing shall also be admissible in
5prosecutions for violations of Section 11-501 of this Code, or
6similar violations of local ordinances, however, such results
7shall not be used to impose any driving sanctions pursuant to
8Section 11-501.1 of this Code.
9    The person shall also be warned that any disqualification
10imposed pursuant to this Section, shall be for life for any
11such offense or refusal, or combination thereof; including a
12conviction for violating Section 11-501 while driving a
13commercial motor vehicle, or similar provisions of local
14ordinances, committed a second time involving separate
15incidents.
16    A person requested to submit to a test shall also
17acknowledge, in writing, receipt of the warning required under
18this Section. If the person refuses to acknowledge receipt of
19the warning, the police officer shall make a written notation
20on the warning that the person refused to sign the warning. A
21person's refusal to sign the warning shall not be evidence that
22the person was not read the warning. If effectuating a written
23acknowledgment from a person requested to submit to a test
24would pose a clear and imminent risk of great bodily harm to
25the officer, the person requested, or another person, the
26officer shall document the incident in a police report in lieu

 

 

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1of acquiring a written acknowledgement. If a person requested
2to submit to a test is incapacitated or unconscious, the
3officer shall make a written notation that the person was
4unable to acknowledge in writing and document the incident in a
5police report.
6    (b) If the person refuses or fails to complete testing, or
7submits to a test which discloses an alcohol concentration of
8at least 0.04, or any amount of a drug, substance, or compound
9in such person's blood or urine resulting from the unlawful use
10or consumption of cannabis listed in the Cannabis Control Act,
11a controlled substance listed in the Illinois Controlled
12Substances Act, an intoxicating compound listed in the Use of
13Intoxicating Compounds Act, or methamphetamine as listed in the
14Methamphetamine Control and Community Protection Act, the law
15enforcement officer must submit a Sworn Report to the Secretary
16of State, in a form prescribed by the Secretary, certifying
17that the test or tests was requested pursuant to paragraph (a);
18that the person was warned, as provided in paragraph (a) and
19that such person refused to submit to or failed to complete
20testing, or submitted to a test which disclosed an alcohol
21concentration of 0.04 or more, or any amount of a drug,
22substance, or compound in such person's blood or urine
23resulting from the unlawful use or consumption of cannabis
24listed in the Cannabis Control Act, a controlled substance
25listed in the Illinois Controlled Substances Act, an
26intoxicating compound listed in the Use of Intoxicating

 

 

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1Compounds Act, or methamphetamine as listed in the
2Methamphetamine Control and Community Protection Act.
3    (c) The police officer submitting the Sworn Report under
4this Section shall serve notice of the CDL disqualification on
5the person and such CDL disqualification shall be effective as
6provided in paragraph (d). In cases where the blood alcohol
7concentration of 0.04 or more, or any amount of a drug,
8substance, or compound in such person's blood or urine
9resulting from the unlawful use or consumption of cannabis
10listed in the Cannabis Control Act, a controlled substance
11listed in the Illinois Controlled Substances Act, an
12intoxicating compound listed in the Use of Intoxicating
13Compounds Act, or methamphetamine as listed in the
14Methamphetamine Control and Community Protection Act, is
15established by subsequent analysis of blood or urine collected
16at the time of the request, the police officer shall give
17notice as provided in this Section or by deposit in the United
18States mail of such notice as provided in this Section or by
19deposit in the United States mail of such notice in an envelope
20with postage prepaid and addressed to such person's domiciliary
21address as shown on the Sworn Report and the CDL
22disqualification shall begin as provided in paragraph (d).
23    (d) The CDL disqualification referred to in this Section
24shall take effect on the 46th day following the date the Sworn
25Report was given to the affected person.
26    (e) Upon receipt of the Sworn Report from the police

 

 

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1officer, the Secretary of State shall disqualify the person
2from driving any commercial motor vehicle and shall confirm the
3CDL disqualification by mailing the notice of the effective
4date to the person. However, should the Sworn Report be
5defective by not containing sufficient information or be
6completed in error, the confirmation of the CDL
7disqualification shall not be mailed to the affected person or
8entered into the record, instead the Sworn Report shall be
9forwarded to the issuing agency identifying any such defect.
10(Source: P.A. 99-467, eff. 1-1-16.)
 
11    (625 ILCS 5/11-501.1)
12    Sec. 11-501.1. Suspension of drivers license; statutory
13summary alcohol, other drug or drugs, or intoxicating compound
14or compounds related suspension or revocation; implied
15consent.
16    (a) Any person who drives or is in actual physical control
17of a motor vehicle upon the public highways of this State shall
18be deemed to have given consent, subject to the provisions of
19Section 11-501.2, to a chemical test or tests of blood, breath,
20or urine for the purpose of determining the content of alcohol,
21other drug or drugs, or intoxicating compound or compounds or
22any combination thereof in the person's blood if arrested, as
23evidenced by the issuance of a Uniform Traffic Ticket, for any
24offense as defined in Section 11-501 or a similar provision of
25a local ordinance, or if arrested for violating Section 11-401.

 

 

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1If a law enforcement officer has probable cause to believe the
2person was under the influence of alcohol, other drug or drugs,
3intoxicating compound or compounds, or any combination
4thereof, the law enforcement officer shall request a chemical
5test or tests which shall be administered at the direction of
6the arresting officer. The law enforcement agency employing the
7officer shall designate which of the aforesaid tests shall be
8administered. A urine test may be administered even after a
9blood or breath test or both has been administered. For
10purposes of this Section, an Illinois law enforcement officer
11of this State who is investigating the person for any offense
12defined in Section 11-501 may travel into an adjoining state,
13where the person has been transported for medical care, to
14complete an investigation and to request that the person submit
15to the test or tests set forth in this Section. The
16requirements of this Section that the person be arrested are
17inapplicable, but the officer shall issue the person a Uniform
18Traffic Ticket for an offense as defined in Section 11-501 or a
19similar provision of a local ordinance prior to requesting that
20the person submit to the test or tests. The issuance of the
21Uniform Traffic Ticket shall not constitute an arrest, but
22shall be for the purpose of notifying the person that he or she
23is subject to the provisions of this Section and of the
24officer's belief of the existence of probable cause to arrest.
25Upon returning to this State, the officer shall file the
26Uniform Traffic Ticket with the Circuit Clerk of the county

 

 

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1where the offense was committed, and shall seek the issuance of
2an arrest warrant or a summons for the person.
3    (a-5) (Blank).
4    (b) Any person who is dead, unconscious, or who is
5otherwise in a condition rendering the person incapable of
6refusal, shall be deemed not to have withdrawn the consent
7provided by paragraph (a) of this Section and the test or tests
8may be administered, subject to the provisions of Section
911-501.2.
10    (c) A person requested to submit to a test as provided
11above shall be warned by the law enforcement officer requesting
12the test that a refusal to submit to the test will result in
13the statutory summary suspension of the person's privilege to
14operate a motor vehicle, as provided in Section 6-208.1 of this
15Code, and will also result in the disqualification of the
16person's privilege to operate a commercial motor vehicle, as
17provided in Section 6-514 of this Code, if the person is a CDL
18holder. The person shall also be warned that a refusal to
19submit to the test, when the person was involved in a motor
20vehicle accident that caused personal injury or death to
21another, will result in the statutory summary revocation of the
22person's privilege to operate a motor vehicle, as provided in
23Section 6-208.1, and will also result in the disqualification
24of the person's privilege to operate a commercial motor
25vehicle, as provided in Section 6-514 of this Code, if the
26person is a CDL holder. The person shall also be warned by the

 

 

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1law enforcement officer that if the person submits to the test
2or tests provided in paragraph (a) of this Section and the
3alcohol concentration in the person's blood or breath is 0.08
4or greater, or any amount of a drug, substance, or compound
5resulting from the unlawful use or consumption of cannabis as
6covered by the Cannabis Control Act, a controlled substance
7listed in the Illinois Controlled Substances Act, an
8intoxicating compound listed in the Use of Intoxicating
9Compounds Act, or methamphetamine as listed in the
10Methamphetamine Control and Community Protection Act is
11detected in the person's blood or urine, a statutory summary
12suspension of the person's privilege to operate a motor
13vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
14Code, and a disqualification of the person's privilege to
15operate a commercial motor vehicle, as provided in Section
166-514 of this Code, if the person is a CDL holder, will be
17imposed.
18    A person who is under the age of 21 at the time the person
19is requested to submit to a test as provided above shall, in
20addition to the warnings provided for in this Section, be
21further warned by the law enforcement officer requesting the
22test that if the person submits to the test or tests provided
23in paragraph (a) of this Section and the alcohol concentration
24in the person's blood or breath is greater than 0.00 and less
25than 0.08, a suspension of the person's privilege to operate a
26motor vehicle, as provided under Sections 6-208.2 and 11-501.8

 

 

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1of this Code, will be imposed. The results of this test shall
2be admissible in a civil or criminal action or proceeding
3arising from an arrest for an offense as defined in Section
411-501 of this Code or a similar provision of a local ordinance
5or pursuant to Section 11-501.4 in prosecutions for reckless
6homicide brought under the Criminal Code of 1961 or the
7Criminal Code of 2012. These test results, however, shall be
8admissible only in actions or proceedings directly related to
9the incident upon which the test request was made.
10    A person requested to submit to a test shall also
11acknowledge, in writing, receipt of the warning required under
12this Section. If the person refuses to acknowledge receipt of
13the warning, the law enforcement officer shall make a written
14notation on the warning that the person refused to sign the
15warning. A person's refusal to sign the warning shall not be
16evidence that the person was not read the warning. If
17effectuating a written acknowledgment from a person requested
18to submit to a test would pose a clear and imminent risk of
19great bodily harm to the officer, the person requested, or
20another person, the officer shall document the incident in a
21police report in lieu of acquiring a written acknowledgement.
22If a person requested to submit to a test is incapacitated or
23unconscious, the officer shall make a written notation that the
24person was unable to acknowledge in writing and document the
25incident in a police report.
26    (d) If the person refuses testing or submits to a test that

 

 

HB5976- 21 -LRB099 16446 RJF 40779 b

1discloses an alcohol concentration of 0.08 or more, or any
2amount of a drug, substance, or intoxicating compound in the
3person's breath, blood, or urine resulting from the unlawful
4use or consumption of cannabis listed in the Cannabis Control
5Act, a controlled substance listed in the Illinois Controlled
6Substances Act, an intoxicating compound listed in the Use of
7Intoxicating Compounds Act, or methamphetamine as listed in the
8Methamphetamine Control and Community Protection Act, the law
9enforcement officer shall immediately submit a sworn report to
10the circuit court of venue and the Secretary of State,
11certifying that the test or tests was or were requested under
12paragraph (a) and the person refused to submit to a test, or
13tests, or submitted to testing that disclosed an alcohol
14concentration of 0.08 or more.
15    (e) Upon receipt of the sworn report of a law enforcement
16officer submitted under paragraph (d), the Secretary of State
17shall enter the statutory summary suspension or revocation and
18disqualification for the periods specified in Sections 6-208.1
19and 6-514, respectively, and effective as provided in paragraph
20(g).
21    If the person is a first offender as defined in Section
2211-500 of this Code, and is not convicted of a violation of
23Section 11-501 of this Code or a similar provision of a local
24ordinance, then reports received by the Secretary of State
25under this Section shall, except during the actual time the
26Statutory Summary Suspension is in effect, be privileged

 

 

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1information and for use only by the courts, police officers,
2prosecuting authorities or the Secretary of State, unless the
3person is a CDL holder, is operating a commercial motor vehicle
4or vehicle required to be placarded for hazardous materials, in
5which case the suspension shall not be privileged. Reports
6received by the Secretary of State under this Section shall
7also be made available to the parent or guardian of a person
8under the age of 18 years that holds an instruction permit or a
9graduated driver's license, regardless of whether the
10statutory summary suspension is in effect. A statutory summary
11revocation shall not be privileged information.
12    (f) The law enforcement officer submitting the sworn report
13under paragraph (d) shall serve immediate notice of the
14statutory summary suspension or revocation on the person and
15the suspension or revocation and disqualification shall be
16effective as provided in paragraph (g).
17        (1) In cases where the blood alcohol concentration of
18    0.08 or greater or any amount of a drug, substance, or
19    compound resulting from the unlawful use or consumption of
20    cannabis as covered by the Cannabis Control Act, a
21    controlled substance listed in the Illinois Controlled
22    Substances Act, an intoxicating compound listed in the Use
23    of Intoxicating Compounds Act, or methamphetamine as
24    listed in the Methamphetamine Control and Community
25    Protection Act is established by a subsequent analysis of
26    blood or urine collected at the time of arrest, the

 

 

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1    arresting officer or arresting agency shall give notice as
2    provided in this Section or by deposit in the United States
3    mail of the notice in an envelope with postage prepaid and
4    addressed to the person at his address as shown on the
5    Uniform Traffic Ticket and the statutory summary
6    suspension and disqualification shall begin as provided in
7    paragraph (g). The officer shall confiscate any Illinois
8    driver's license or permit on the person at the time of
9    arrest. If the person has a valid driver's license or
10    permit, the officer shall issue the person a receipt, in a
11    form prescribed by the Secretary of State, that will allow
12    that person to drive during the periods provided for in
13    paragraph (g). The officer shall immediately forward the
14    driver's license or permit to the circuit court of venue
15    along with the sworn report provided for in paragraph (d).
16        (2) (Blank).
17    (g) The statutory summary suspension or revocation and
18disqualification referred to in this Section shall take effect
19on the 46th day following the date the notice of the statutory
20summary suspension or revocation was given to the person.
21    (h) The following procedure shall apply whenever a person
22is arrested for any offense as defined in Section 11-501 or a
23similar provision of a local ordinance:
24    Upon receipt of the sworn report from the law enforcement
25officer, the Secretary of State shall confirm the statutory
26summary suspension or revocation by mailing a notice of the

 

 

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1effective date of the suspension or revocation to the person
2and the court of venue. The Secretary of State shall also mail
3notice of the effective date of the disqualification to the
4person. However, should the sworn report be defective by not
5containing sufficient information or be completed in error, the
6confirmation of the statutory summary suspension or revocation
7shall not be mailed to the person or entered to the record;
8instead, the sworn report shall be forwarded to the court of
9venue with a copy returned to the issuing agency identifying
10any defect.
11    (i) As used in this Section, "personal injury" includes any
12Type A injury as indicated on the traffic accident report
13completed by a law enforcement officer that requires immediate
14professional attention in either a doctor's office or a medical
15facility. A Type A injury includes severely bleeding wounds,
16distorted extremities, and injuries that require the injured
17party to be carried from the scene.
18(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
1999-467, eff. 1-1-16.)
 
20    (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
21    Sec. 11-501.6. Driver involvement in personal injury or
22fatal motor vehicle accident; chemical test.
23    (a) Any person who drives or is in actual control of a
24motor vehicle upon the public highways of this State and who
25has been involved in a personal injury or fatal motor vehicle

 

 

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1accident, shall be deemed to have given consent to a breath
2test using a portable device as approved by the Department of
3State Police or to a chemical test or tests of blood, breath,
4or urine for the purpose of determining the content of alcohol,
5other drug or drugs, or intoxicating compound or compounds of
6such person's blood if arrested as evidenced by the issuance of
7a Uniform Traffic Ticket for any violation of the Illinois
8Vehicle Code or a similar provision of a local ordinance, with
9the exception of equipment violations contained in Chapter 12
10of this Code, or similar provisions of local ordinances. The
11test or tests shall be administered at the direction of the
12arresting officer. The law enforcement agency employing the
13officer shall designate which of the aforesaid tests shall be
14administered. A urine test may be administered even after a
15blood or breath test or both has been administered. Compliance
16with this Section does not relieve such person from the
17requirements of Section 11-501.1 of this Code.
18    (b) Any person who is dead, unconscious or who is otherwise
19in a condition rendering such person incapable of refusal shall
20be deemed not to have withdrawn the consent provided by
21subsection (a) of this Section. In addition, if a driver of a
22vehicle is receiving medical treatment as a result of a motor
23vehicle accident, any physician licensed to practice medicine,
24licensed physician assistant, licensed advanced practice
25nurse, registered nurse or a phlebotomist acting under the
26direction of a licensed physician shall withdraw blood for

 

 

HB5976- 26 -LRB099 16446 RJF 40779 b

1testing purposes to ascertain the presence of alcohol, other
2drug or drugs, or intoxicating compound or compounds, upon the
3specific request of a law enforcement officer. However, no such
4testing shall be performed until, in the opinion of the medical
5personnel on scene, the withdrawal can be made without
6interfering with or endangering the well-being of the patient.
7    (c) A person requested to submit to a test as provided
8above shall be warned by the law enforcement officer requesting
9the test that a refusal to submit to the test, or submission to
10the test resulting in an alcohol concentration of 0.08 or more,
11or any amount of a drug, substance, or intoxicating compound
12resulting from the unlawful use or consumption of cannabis, as
13covered by the Cannabis Control Act, a controlled substance
14listed in the Illinois Controlled Substances Act, an
15intoxicating compound listed in the Use of Intoxicating
16Compounds Act, or methamphetamine as listed in the
17Methamphetamine Control and Community Protection Act as
18detected in such person's blood or urine, may result in the
19suspension of such person's privilege to operate a motor
20vehicle and may result in the disqualification of the person's
21privilege to operate a commercial motor vehicle, as provided in
22Section 6-514 of this Code, if the person is a CDL holder. The
23length of the suspension shall be the same as outlined in
24Section 6-208.1 of this Code regarding statutory summary
25suspensions.
26    A person requested to submit to a test shall also

 

 

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1acknowledge, in writing, receipt of the warning required under
2this Section. If the person refuses to acknowledge receipt of
3the warning, the law enforcement officer shall make a written
4notation on the warning that the person refused to sign the
5warning. A person's refusal to sign the warning shall not be
6evidence that the person was not read the warning. If
7effectuating a written acknowledgment from a person requested
8to submit to a test would pose a clear and imminent risk of
9great bodily harm to the officer, the person requested, or
10another person, the officer shall document the incident in a
11police report in lieu of acquiring a written acknowledgement.
12If a person requested to submit to a test is incapacitated or
13unconscious, the officer shall make a written notation that the
14person was unable to acknowledge in writing and document the
15incident in a police report.
16    (d) If the person refuses testing or submits to a test
17which discloses an alcohol concentration of 0.08 or more, or
18any amount of a drug, substance, or intoxicating compound in
19such person's blood or urine resulting from the unlawful use or
20consumption of cannabis listed in the Cannabis Control Act, a
21controlled substance listed in the Illinois Controlled
22Substances Act, an intoxicating compound listed in the Use of
23Intoxicating Compounds Act, or methamphetamine as listed in the
24Methamphetamine Control and Community Protection Act, the law
25enforcement officer shall immediately submit a sworn report to
26the Secretary of State on a form prescribed by the Secretary,

 

 

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1certifying that the test or tests were requested pursuant to
2subsection (a) and the person refused to submit to a test or
3tests or submitted to testing which disclosed an alcohol
4concentration of 0.08 or more, or any amount of a drug,
5substance, or intoxicating compound in such person's blood or
6urine, resulting from the unlawful use or consumption of
7cannabis listed in the Cannabis Control Act, a controlled
8substance listed in the Illinois Controlled Substances Act, an
9intoxicating compound listed in the Use of Intoxicating
10Compounds Act, or methamphetamine as listed in the
11Methamphetamine Control and Community Protection Act.
12    Upon receipt of the sworn report of a law enforcement
13officer, the Secretary shall enter the suspension and
14disqualification to the individual's driving record and the
15suspension and disqualification shall be effective on the 46th
16day following the date notice of the suspension was given to
17the person.
18    The law enforcement officer submitting the sworn report
19shall serve immediate notice of this suspension on the person
20and such suspension and disqualification shall be effective on
21the 46th day following the date notice was given.
22    In cases where the blood alcohol concentration of 0.08 or
23more, or any amount of a drug, substance, or intoxicating
24compound resulting from the unlawful use or consumption of
25cannabis as listed in the Cannabis Control Act, a controlled
26substance listed in the Illinois Controlled Substances Act, an

 

 

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1intoxicating compound listed in the Use of Intoxicating
2Compounds Act, or methamphetamine as listed in the
3Methamphetamine Control and Community Protection Act, is
4established by a subsequent analysis of blood or urine
5collected at the time of arrest, the arresting officer shall
6give notice as provided in this Section or by deposit in the
7United States mail of such notice in an envelope with postage
8prepaid and addressed to such person at his address as shown on
9the Uniform Traffic Ticket and the suspension and
10disqualification shall be effective on the 46th day following
11the date notice was given.
12    Upon receipt of the sworn report of a law enforcement
13officer, the Secretary shall also give notice of the suspension
14and disqualification to the driver by mailing a notice of the
15effective date of the suspension and disqualification to the
16individual. However, should the sworn report be defective by
17not containing sufficient information or be completed in error,
18the notice of the suspension and disqualification shall not be
19mailed to the person or entered to the driving record, but
20rather the sworn report shall be returned to the issuing law
21enforcement agency.
22    (e) A driver may contest this suspension of his or her
23driving privileges and disqualification of his or her CDL
24privileges by requesting an administrative hearing with the
25Secretary in accordance with Section 2-118 of this Code. At the
26conclusion of a hearing held under Section 2-118 of this Code,

 

 

HB5976- 30 -LRB099 16446 RJF 40779 b

1the Secretary may rescind, continue, or modify the orders of
2suspension and disqualification. If the Secretary does not
3rescind the orders of suspension and disqualification, a
4restricted driving permit may be granted by the Secretary upon
5application being made and good cause shown. A restricted
6driving permit may be granted to relieve undue hardship to
7allow driving for employment, educational, and medical
8purposes as outlined in Section 6-206 of this Code. The
9provisions of Section 6-206 of this Code shall apply. In
10accordance with 49 C.F.R. 384, the Secretary of State may not
11issue a restricted driving permit for the operation of a
12commercial motor vehicle to a person holding a CDL whose
13driving privileges have been suspended, revoked, cancelled, or
14disqualified.
15    (f) (Blank).
16    (g) For the purposes of this Section, a personal injury
17shall include any type A injury as indicated on the traffic
18accident report completed by a law enforcement officer that
19requires immediate professional attention in either a doctor's
20office or a medical facility. A type A injury shall include
21severely bleeding wounds, distorted extremities, and injuries
22that require the injured party to be carried from the scene.
23(Source: P.A. 99-467, eff. 1-1-16.)
 
24    (625 ILCS 5/11-501.8)
25    Sec. 11-501.8. Suspension of driver's license; persons

 

 

HB5976- 31 -LRB099 16446 RJF 40779 b

1under age 21.
2    (a) A person who is less than 21 years of age and who
3drives or is in actual physical control of a motor vehicle upon
4the public highways of this State shall be deemed to have given
5consent to a chemical test or tests of blood, breath, or urine
6for the purpose of determining the alcohol content of the
7person's blood if arrested, as evidenced by the issuance of a
8Uniform Traffic Ticket for any violation of the Illinois
9Vehicle Code or a similar provision of a local ordinance, if a
10police officer has probable cause to believe that the driver
11has consumed any amount of an alcoholic beverage based upon
12evidence of the driver's physical condition or other first hand
13knowledge of the police officer. The test or tests shall be
14administered at the direction of the arresting officer. The law
15enforcement agency employing the officer shall designate which
16of the aforesaid tests shall be administered. A urine test may
17be administered even after a blood or breath test or both has
18been administered.
19    (b) A person who is dead, unconscious, or who is otherwise
20in a condition rendering that person incapable of refusal,
21shall be deemed not to have withdrawn the consent provided by
22paragraph (a) of this Section and the test or tests may be
23administered subject to the following provisions:
24        (i) Chemical analysis of the person's blood, urine,
25    breath, or other bodily substance, to be considered valid
26    under the provisions of this Section, shall have been

 

 

HB5976- 32 -LRB099 16446 RJF 40779 b

1    performed according to standards promulgated by the
2    Department of State Police by an individual possessing a
3    valid permit issued by that Department for this purpose.
4    The Director of State Police is authorized to approve
5    satisfactory techniques or methods, to ascertain the
6    qualifications and competence of individuals to conduct
7    analyses, to issue permits that shall be subject to
8    termination or revocation at the direction of that
9    Department, and to certify the accuracy of breath testing
10    equipment. The Department of State Police shall prescribe
11    regulations as necessary.
12        (ii) When a person submits to a blood test at the
13    request of a law enforcement officer under the provisions
14    of this Section, only a physician authorized to practice
15    medicine, a licensed physician assistant, a licensed
16    advanced practice nurse, a registered nurse, or other
17    qualified person trained in venipuncture and acting under
18    the direction of a licensed physician may withdraw blood
19    for the purpose of determining the alcohol content therein.
20    This limitation does not apply to the taking of breath or
21    urine specimens.
22        (iii) The person tested may have a physician, qualified
23    technician, chemist, registered nurse, or other qualified
24    person of his or her own choosing administer a chemical
25    test or tests in addition to any test or tests administered
26    at the direction of a law enforcement officer. The failure

 

 

HB5976- 33 -LRB099 16446 RJF 40779 b

1    or inability to obtain an additional test by a person shall
2    not preclude the consideration of the previously performed
3    chemical test.
4        (iv) Upon a request of the person who submits to a
5    chemical test or tests at the request of a law enforcement
6    officer, full information concerning the test or tests
7    shall be made available to the person or that person's
8    attorney.
9        (v) Alcohol concentration means either grams of
10    alcohol per 100 milliliters of blood or grams of alcohol
11    per 210 liters of breath.
12        (vi) If a driver is receiving medical treatment as a
13    result of a motor vehicle accident, a physician licensed to
14    practice medicine, licensed physician assistant, licensed
15    advanced practice nurse, registered nurse, or other
16    qualified person trained in venipuncture and acting under
17    the direction of a licensed physician shall withdraw blood
18    for testing purposes to ascertain the presence of alcohol
19    upon the specific request of a law enforcement officer.
20    However, that testing shall not be performed until, in the
21    opinion of the medical personnel on scene, the withdrawal
22    can be made without interfering with or endangering the
23    well-being of the patient.
24    (c) A person requested to submit to a test as provided
25above shall be warned by the law enforcement officer requesting
26the test that a refusal to submit to the test, or submission to

 

 

HB5976- 34 -LRB099 16446 RJF 40779 b

1the test resulting in an alcohol concentration of more than
20.00, may result in the loss of that person's privilege to
3operate a motor vehicle and may result in the disqualification
4of the person's privilege to operate a commercial motor
5vehicle, as provided in Section 6-514 of this Code, if the
6person is a CDL holder. The loss of driving privileges shall be
7imposed in accordance with Section 6-208.2 of this Code.
8    A person requested to submit to a test shall also
9acknowledge, in writing, receipt of the warning required under
10this Section. If the person refuses to acknowledge receipt of
11the warning, the law enforcement officer shall make a written
12notation on the warning that the person refused to sign the
13warning. A person's refusal to sign the warning shall not be
14evidence that the person was not read the warning. If
15effectuating a written acknowledgment from a person requested
16to submit to a test would pose a clear and imminent risk of
17great bodily harm to the officer, the person requested, or
18another person, the officer shall document the incident in a
19police report in lieu of acquiring a written acknowledgement.
20If a person requested to submit to a test is incapacitated or
21unconscious, the officer shall make a written notation that the
22person was unable to acknowledge in writing and document the
23incident in a police report.
24    (d) If the person refuses testing or submits to a test that
25discloses an alcohol concentration of more than 0.00, the law
26enforcement officer shall immediately submit a sworn report to

 

 

HB5976- 35 -LRB099 16446 RJF 40779 b

1the Secretary of State on a form prescribed by the Secretary of
2State, certifying that the test or tests were requested under
3subsection (a) and the person refused to submit to a test or
4tests or submitted to testing which disclosed an alcohol
5concentration of more than 0.00. The law enforcement officer
6shall submit the same sworn report when a person under the age
7of 21 submits to testing under Section 11-501.1 of this Code
8and the testing discloses an alcohol concentration of more than
90.00 and less than 0.08.
10    Upon receipt of the sworn report of a law enforcement
11officer, the Secretary of State shall enter the suspension and
12disqualification on the individual's driving record and the
13suspension and disqualification shall be effective on the 46th
14day following the date notice of the suspension was given to
15the person. If this suspension is the individual's first
16driver's license suspension under this Section, reports
17received by the Secretary of State under this Section shall,
18except during the time the suspension is in effect, be
19privileged information and for use only by the courts, police
20officers, prosecuting authorities, the Secretary of State, or
21the individual personally, unless the person is a CDL holder,
22is operating a commercial motor vehicle or vehicle required to
23be placarded for hazardous materials, in which case the
24suspension shall not be privileged. Reports received by the
25Secretary of State under this Section shall also be made
26available to the parent or guardian of a person under the age

 

 

HB5976- 36 -LRB099 16446 RJF 40779 b

1of 18 years that holds an instruction permit or a graduated
2driver's license, regardless of whether the suspension is in
3effect.
4    The law enforcement officer submitting the sworn report
5shall serve immediate notice of this suspension on the person
6and the suspension and disqualification shall be effective on
7the 46th day following the date notice was given.
8    In cases where the blood alcohol concentration of more than
90.00 is established by a subsequent analysis of blood or urine,
10the police officer or arresting agency shall give notice as
11provided in this Section or by deposit in the United States
12mail of that notice in an envelope with postage prepaid and
13addressed to that person at his last known address and the loss
14of driving privileges shall be effective on the 46th day
15following the date notice was given.
16    Upon receipt of the sworn report of a law enforcement
17officer, the Secretary of State shall also give notice of the
18suspension and disqualification to the driver by mailing a
19notice of the effective date of the suspension and
20disqualification to the individual. However, should the sworn
21report be defective by not containing sufficient information or
22be completed in error, the notice of the suspension and
23disqualification shall not be mailed to the person or entered
24to the driving record, but rather the sworn report shall be
25returned to the issuing law enforcement agency.
26    (e) A driver may contest this suspension and

 

 

HB5976- 37 -LRB099 16446 RJF 40779 b

1disqualification by requesting an administrative hearing with
2the Secretary of State in accordance with Section 2-118 of this
3Code. An individual whose blood alcohol concentration is shown
4to be more than 0.00 is not subject to this Section if he or she
5consumed alcohol in the performance of a religious service or
6ceremony. An individual whose blood alcohol concentration is
7shown to be more than 0.00 shall not be subject to this Section
8if the individual's blood alcohol concentration resulted only
9from ingestion of the prescribed or recommended dosage of
10medicine that contained alcohol. The petition for that hearing
11shall not stay or delay the effective date of the impending
12suspension. The scope of this hearing shall be limited to the
13issues of:
14        (1) whether the police officer had probable cause to
15    believe that the person was driving or in actual physical
16    control of a motor vehicle upon the public highways of the
17    State and the police officer had reason to believe that the
18    person was in violation of any provision of the Illinois
19    Vehicle Code or a similar provision of a local ordinance;
20    and
21        (2) whether the person was issued a Uniform Traffic
22    Ticket for any violation of the Illinois Vehicle Code or a
23    similar provision of a local ordinance; and
24        (3) whether the police officer had probable cause to
25    believe that the driver had consumed any amount of an
26    alcoholic beverage based upon the driver's physical

 

 

HB5976- 38 -LRB099 16446 RJF 40779 b

1    actions or other first-hand knowledge of the police
2    officer; and
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 refused to submit to and
6    complete the test or tests, did refuse to submit to or
7    complete the test or tests to determine the person's
8    alcohol concentration; and
9        (5) whether the person, after being advised by the
10    officer that the privileges to operate a motor vehicle
11    would be suspended if the person submits to a chemical test
12    or tests and the test or tests disclose an alcohol
13    concentration of more than 0.00, did submit to and complete
14    the test or tests that determined an alcohol concentration
15    of more than 0.00; and
16        (6) whether the test result of an alcohol concentration
17    of more than 0.00 was based upon the person's consumption
18    of alcohol in the performance of a religious service or
19    ceremony; and
20        (7) whether the test result of an alcohol concentration
21    of more than 0.00 was based upon the person's consumption
22    of alcohol through ingestion of the prescribed or
23    recommended dosage of medicine.
24    At the conclusion of the hearing held under Section 2-118
25of this Code, the Secretary of State may rescind, continue, or
26modify the suspension and disqualification. If the Secretary of

 

 

HB5976- 39 -LRB099 16446 RJF 40779 b

1State does not rescind the suspension and disqualification, a
2restricted driving permit may be granted by the Secretary of
3State upon application being made and good cause shown. A
4restricted driving permit may be granted to relieve undue
5hardship by allowing driving for employment, educational, and
6medical purposes as outlined in item (3) of part (c) of Section
76-206 of this Code. The provisions of item (3) of part (c) of
8Section 6-206 of this Code and of subsection (f) of that
9Section shall apply. The Secretary of State shall promulgate
10rules providing for participation in an alcohol education and
11awareness program or activity, a drug education and awareness
12program or activity, or both as a condition to the issuance of
13a restricted driving permit for suspensions imposed under this
14Section.
15    (f) The results of any chemical testing performed in
16accordance with subsection (a) of this Section are not
17admissible in any civil or criminal proceeding, except that the
18results of the testing may be considered at a hearing held
19under Section 2-118 of this Code. However, the results of the
20testing may not be used to impose driver's license sanctions
21under Section 11-501.1 of this Code. A law enforcement officer
22may, however, pursue a statutory summary suspension or
23revocation of driving privileges under Section 11-501.1 of this
24Code if other physical evidence or first hand knowledge forms
25the basis of that suspension or revocation.
26    (g) This Section applies only to drivers who are under age

 

 

HB5976- 40 -LRB099 16446 RJF 40779 b

121 at the time of the issuance of a Uniform Traffic Ticket for
2a violation of the Illinois Vehicle Code or a similar provision
3of a local ordinance, and a chemical test request is made under
4this Section.
5    (h) The action of the Secretary of State in suspending,
6revoking, cancelling, or disqualifying any license or permit
7shall be subject to judicial review in the Circuit Court of
8Sangamon County or in the Circuit Court of Cook County, and the
9provisions of the Administrative Review Law and its rules are
10hereby adopted and shall apply to and govern every action for
11the judicial review of final acts or decisions of the Secretary
12of State under this Section.
13(Source: P.A. 99-467, eff. 1-1-16.)