102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3049

 

Introduced 1/5/2022, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501  from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.1

    Amends the Illinois Vehicle Code. Provides that if a circuit court enters an order vacating a conviction for driving under the influence of alcohol, drugs, or an intoxicating compound more than 30 days after the entry of judgment of conviction, the Secretary of State shall not remove that conviction from the driving record and, with exceptions, may use it for imposing sanctions related to driving privileges. Provides that if a court enters an order rescinding a statutory summary suspension, the Secretary shall not remove the statutory summary suspension from the driving record and may use it for imposing sanctions related to driving privileges.


LRB102 23738 RAM 32927 b

 

 

A BILL FOR

 

SB3049LRB102 23738 RAM 32927 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
5changing Sections 11-501 and 11-501.1 as follows:
 
6    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7    Sec. 11-501. Driving while under the influence of alcohol,
8other drug or drugs, intoxicating compound or compounds or any
9combination thereof.
10    (a) A person shall not drive or be in actual physical
11control of any vehicle within this State while:
12        (1) the alcohol concentration in the person's blood,
13    other bodily substance, or breath is 0.08 or more based on
14    the definition of blood and breath units in Section
15    11-501.2;
16        (2) under the influence of alcohol;
17        (3) under the influence of any intoxicating compound
18    or combination of intoxicating compounds to a degree that
19    renders the person incapable of driving safely;
20        (4) under the influence of any other drug or
21    combination of drugs to a degree that renders the person
22    incapable of safely driving;
23        (5) under the combined influence of alcohol, other

 

 

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1    drug or drugs, or intoxicating compound or compounds to a
2    degree that renders the person incapable of safely
3    driving;
4        (6) there is any amount of a drug, substance, or
5    compound in the person's breath, blood, other bodily
6    substance, or urine resulting from the unlawful use or
7    consumption of a controlled substance listed in the
8    Illinois Controlled Substances Act, an intoxicating
9    compound listed in the Use of Intoxicating Compounds Act,
10    or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act; or
12        (7) the person has, within 2 hours of driving or being
13    in actual physical control of a vehicle, a
14    tetrahydrocannabinol concentration in the person's whole
15    blood or other bodily substance as defined in paragraph 6
16    of subsection (a) of Section 11-501.2 of this Code.
17    Subject to all other requirements and provisions under
18    this Section, this paragraph (7) does not apply to the
19    lawful consumption of cannabis by a qualifying patient
20    licensed under the Compassionate Use of Medical Cannabis
21    Program Act who is in possession of a valid registry card
22    issued under that Act, unless that person is impaired by
23    the use of cannabis.
24    (b) The fact that any person charged with violating this
25Section is or has been legally entitled to use alcohol,
26cannabis under the Compassionate Use of Medical Cannabis

 

 

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1Program Act, other drug or drugs, or intoxicating compound or
2compounds, or any combination thereof, shall not constitute a
3defense against any charge of violating this Section.
4    (c) Penalties.
5        (1) Except as otherwise provided in this Section, any
6    person convicted of violating subsection (a) of this
7    Section is guilty of a Class A misdemeanor.
8        (2) A person who violates subsection (a) or a similar
9    provision a second time shall be sentenced to a mandatory
10    minimum term of either 5 days of imprisonment or 240 hours
11    of community service in addition to any other criminal or
12    administrative sanction.
13        (3) A person who violates subsection (a) is subject to
14    6 months of imprisonment, an additional mandatory minimum
15    fine of $1,000, and 25 days of community service in a
16    program benefiting children if the person was transporting
17    a person under the age of 16 at the time of the violation.
18        (4) A person who violates subsection (a) a first time,
19    if the alcohol concentration in his or her blood, breath,
20    other bodily substance, or urine was 0.16 or more based on
21    the definition of blood, breath, other bodily substance,
22    or urine units in Section 11-501.2, shall be subject, in
23    addition to any other penalty that may be imposed, to a
24    mandatory minimum of 100 hours of community service and a
25    mandatory minimum fine of $500.
26        (5) A person who violates subsection (a) a second

 

 

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1    time, if at the time of the second violation the alcohol
2    concentration in his or her blood, breath, other bodily
3    substance, or urine was 0.16 or more based on the
4    definition of blood, breath, other bodily substance, or
5    urine units in Section 11-501.2, shall be subject, in
6    addition to any other penalty that may be imposed, to a
7    mandatory minimum of 2 days of imprisonment and a
8    mandatory minimum fine of $1,250.
9    (d) Aggravated driving under the influence of alcohol,
10other drug or drugs, or intoxicating compound or compounds, or
11any combination thereof.
12        (1) Every person convicted of committing a violation
13    of this Section shall be guilty of aggravated driving
14    under the influence of alcohol, other drug or drugs, or
15    intoxicating compound or compounds, or any combination
16    thereof if:
17            (A) the person committed a violation of subsection
18        (a) or a similar provision for the third or subsequent
19        time;
20            (B) the person committed a violation of subsection
21        (a) while driving a school bus with one or more
22        passengers on board;
23            (C) the person in committing a violation of
24        subsection (a) was involved in a motor vehicle
25        accident that resulted in great bodily harm or
26        permanent disability or disfigurement to another, when

 

 

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1        the violation was a proximate cause of the injuries;
2            (D) the person committed a violation of subsection
3        (a) and has been previously convicted of violating
4        Section 9-3 of the Criminal Code of 1961 or the
5        Criminal Code of 2012 or a similar provision of a law
6        of another state relating to reckless homicide in
7        which the person was determined to have been under the
8        influence of alcohol, other drug or drugs, or
9        intoxicating compound or compounds as an element of
10        the offense or the person has previously been
11        convicted under subparagraph (C) or subparagraph (F)
12        of this paragraph (1);
13            (E) the person, in committing a violation of
14        subsection (a) while driving at any speed in a school
15        speed zone at a time when a speed limit of 20 miles per
16        hour was in effect under subsection (a) of Section
17        11-605 of this Code, was involved in a motor vehicle
18        accident that resulted in bodily harm, other than
19        great bodily harm or permanent disability or
20        disfigurement, to another person, when the violation
21        of subsection (a) was a proximate cause of the bodily
22        harm;
23            (F) the person, in committing a violation of
24        subsection (a), was involved in a motor vehicle,
25        snowmobile, all-terrain vehicle, or watercraft
26        accident that resulted in the death of another person,

 

 

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1        when the violation of subsection (a) was a proximate
2        cause of the death;
3            (G) the person committed a violation of subsection
4        (a) during a period in which the defendant's driving
5        privileges are revoked or suspended, where the
6        revocation or suspension was for a violation of
7        subsection (a) or a similar provision, Section
8        11-501.1, paragraph (b) of Section 11-401, or for
9        reckless homicide as defined in Section 9-3 of the
10        Criminal Code of 1961 or the Criminal Code of 2012;
11            (H) the person committed the violation while he or
12        she did not possess a driver's license or permit or a
13        restricted driving permit or a judicial driving permit
14        or a monitoring device driving permit;
15            (I) the person committed the violation while he or
16        she knew or should have known that the vehicle he or
17        she was driving was not covered by a liability
18        insurance policy;
19            (J) the person in committing a violation of
20        subsection (a) was involved in a motor vehicle
21        accident that resulted in bodily harm, but not great
22        bodily harm, to the child under the age of 16 being
23        transported by the person, if the violation was the
24        proximate cause of the injury;
25            (K) the person in committing a second violation of
26        subsection (a) or a similar provision was transporting

 

 

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1        a person under the age of 16; or
2            (L) the person committed a violation of subsection
3        (a) of this Section while transporting one or more
4        passengers in a vehicle for-hire.
5        (2)(A) Except as provided otherwise, a person
6    convicted of aggravated driving under the influence of
7    alcohol, other drug or drugs, or intoxicating compound or
8    compounds, or any combination thereof is guilty of a Class
9    4 felony.
10        (B) A third violation of this Section or a similar
11    provision is a Class 2 felony. If at the time of the third
12    violation the alcohol concentration in his or her blood,
13    breath, other bodily substance, or urine was 0.16 or more
14    based on the definition of blood, breath, other bodily
15    substance, or urine units in Section 11-501.2, a mandatory
16    minimum of 90 days of imprisonment and a mandatory minimum
17    fine of $2,500 shall be imposed in addition to any other
18    criminal or administrative sanction. If at the time of the
19    third violation, the defendant was transporting a person
20    under the age of 16, a mandatory fine of $25,000 and 25
21    days of community service in a program benefiting children
22    shall be imposed in addition to any other criminal or
23    administrative sanction.
24        (C) A fourth violation of this Section or a similar
25    provision is a Class 2 felony, for which a sentence of
26    probation or conditional discharge may not be imposed. If

 

 

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1    at the time of the violation, the alcohol concentration in
2    the defendant's blood, breath, other bodily substance, or
3    urine was 0.16 or more based on the definition of blood,
4    breath, other bodily substance, or urine units in Section
5    11-501.2, a mandatory minimum fine of $5,000 shall be
6    imposed in addition to any other criminal or
7    administrative sanction. If at the time of the fourth
8    violation, the defendant was transporting a person under
9    the age of 16 a mandatory fine of $25,000 and 25 days of
10    community service in a program benefiting children shall
11    be imposed in addition to any other criminal or
12    administrative sanction.
13        (D) A fifth violation of this Section or a similar
14    provision is a Class 1 felony, for which a sentence of
15    probation or conditional discharge may not be imposed. If
16    at the time of the violation, the alcohol concentration in
17    the defendant's blood, breath, other bodily substance, or
18    urine was 0.16 or more based on the definition of blood,
19    breath, other bodily substance, or urine units in Section
20    11-501.2, a mandatory minimum fine of $5,000 shall be
21    imposed in addition to any other criminal or
22    administrative sanction. If at the time of the fifth
23    violation, the defendant was transporting a person under
24    the age of 16, a mandatory fine of $25,000, and 25 days of
25    community service in a program benefiting children shall
26    be imposed in addition to any other criminal or

 

 

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1    administrative sanction.
2        (E) A sixth or subsequent violation of this Section or
3    similar provision is a Class X felony. If at the time of
4    the violation, the alcohol concentration in the
5    defendant's blood, breath, other bodily substance, or
6    urine was 0.16 or more based on the definition of blood,
7    breath, other bodily substance, or urine units in Section
8    11-501.2, a mandatory minimum fine of $5,000 shall be
9    imposed in addition to any other criminal or
10    administrative sanction. If at the time of the violation,
11    the defendant was transporting a person under the age of
12    16, a mandatory fine of $25,000 and 25 days of community
13    service in a program benefiting children shall be imposed
14    in addition to any other criminal or administrative
15    sanction.
16        (F) For a violation of subparagraph (C) of paragraph
17    (1) of this subsection (d), the defendant, if sentenced to
18    a term of imprisonment, shall be sentenced to not less
19    than one year nor more than 12 years.
20        (G) A violation of subparagraph (F) of paragraph (1)
21    of this subsection (d) is a Class 2 felony, for which the
22    defendant, unless the court determines that extraordinary
23    circumstances exist and require probation, shall be
24    sentenced to: (i) a term of imprisonment of not less than 3
25    years and not more than 14 years if the violation resulted
26    in the death of one person; or (ii) a term of imprisonment

 

 

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1    of not less than 6 years and not more than 28 years if the
2    violation resulted in the deaths of 2 or more persons.
3        (H) For a violation of subparagraph (J) of paragraph
4    (1) of this subsection (d), a mandatory fine of $2,500,
5    and 25 days of community service in a program benefiting
6    children shall be imposed in addition to any other
7    criminal or administrative sanction.
8        (I) A violation of subparagraph (K) of paragraph (1)
9    of this subsection (d), is a Class 2 felony and a mandatory
10    fine of $2,500, and 25 days of community service in a
11    program benefiting children shall be imposed in addition
12    to any other criminal or administrative sanction. If the
13    child being transported suffered bodily harm, but not
14    great bodily harm, in a motor vehicle accident, and the
15    violation was the proximate cause of that injury, a
16    mandatory fine of $5,000 and 25 days of community service
17    in a program benefiting children shall be imposed in
18    addition to any other criminal or administrative sanction.
19        (J) A violation of subparagraph (D) of paragraph (1)
20    of this subsection (d) is a Class 3 felony, for which a
21    sentence of probation or conditional discharge may not be
22    imposed.
23        (3) Any person sentenced under this subsection (d) who
24    receives a term of probation or conditional discharge must
25    serve a minimum term of either 480 hours of community
26    service or 10 days of imprisonment as a condition of the

 

 

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1    probation or conditional discharge in addition to any
2    other criminal or administrative sanction.
3    (e) Any reference to a prior violation of subsection (a)
4or a similar provision includes any violation of a provision
5of a local ordinance or a provision of a law of another state
6or an offense committed on a military installation that is
7similar to a violation of subsection (a) of this Section.
8    (f) The imposition of a mandatory term of imprisonment or
9assignment of community service for a violation of this
10Section shall not be suspended or reduced by the court.
11    (g) Any penalty imposed for driving with a license that
12has been revoked for a previous violation of subsection (a) of
13this Section shall be in addition to the penalty imposed for
14any subsequent violation of subsection (a).
15    (h) For any prosecution under this Section, a certified
16copy of the driving abstract of the defendant shall be
17admitted as proof of any prior conviction.
18    (i) Notwithstanding any other provision to the contrary,
19if a circuit court enters an order vacating a conviction for a
20violation of this Section or a similar provision of a local
21ordinance more than 30 days after the judgment of conviction
22has been entered, the Secretary shall not remove that
23conviction from the driving record and may use it for imposing
24sanctions related to driving privileges unless paragraph (6)
25or (8) of subsection (b) of Section 5.2 of the Criminal
26Identification Act applies.

 

 

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1(Source: P.A. 101-363, eff. 8-9-19.)
 
2    (625 ILCS 5/11-501.1)
3    Sec. 11-501.1. Suspension of drivers license; statutory
4summary alcohol, other drug or drugs, or intoxicating compound
5or compounds related suspension or revocation; implied
6consent.
7    (a) Any person who drives or is in actual physical control
8of a motor vehicle upon the public highways of this State shall
9be deemed to have given consent, subject to the provisions of
10Section 11-501.2, to a chemical test or tests of blood,
11breath, other bodily substance, or urine for the purpose of
12determining the content of alcohol, other drug or drugs, or
13intoxicating compound or compounds or any combination thereof
14in the person's blood if arrested, as evidenced by the
15issuance of a Uniform Traffic Ticket, for any offense as
16defined in Section 11-501 or a similar provision of a local
17ordinance, or if arrested for violating Section 11-401. If a
18law enforcement officer has probable cause to believe the
19person was under the influence of alcohol, other drug or
20drugs, intoxicating compound or compounds, or any combination
21thereof, the law enforcement officer shall request a chemical
22test or tests which shall be administered at the direction of
23the arresting officer. The law enforcement agency employing
24the officer shall designate which of the aforesaid tests shall
25be administered. Up to 2 additional tests of urine or other

 

 

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1bodily substance may be administered even after a blood or
2breath test or both has been administered. For purposes of
3this Section, an Illinois law enforcement officer of this
4State who is investigating the person for any offense defined
5in Section 11-501 may travel into an adjoining state, where
6the person has been transported for medical care, to complete
7an investigation and to request that the person submit to the
8test or tests set forth in this Section. The requirements of
9this Section that the person be arrested are inapplicable, but
10the officer shall issue the person a Uniform Traffic Ticket
11for an offense as defined in Section 11-501 or a similar
12provision of a local ordinance prior to requesting that the
13person submit to the test or tests. The issuance of the Uniform
14Traffic Ticket shall not constitute an arrest, but shall be
15for the purpose of notifying the person that he or she is
16subject to the provisions of this Section and of the officer's
17belief of the existence of probable cause to arrest. Upon
18returning to this State, the officer shall file the Uniform
19Traffic Ticket with the Circuit Clerk of the county where the
20offense was committed, and shall seek the issuance of an
21arrest warrant or a summons for the person.
22    (a-5) (Blank).
23    (b) Any person who is dead, unconscious, or who is
24otherwise in a condition rendering the person incapable of
25refusal, shall be deemed not to have withdrawn the consent
26provided by paragraph (a) of this Section and the test or tests

 

 

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1may be administered, subject to the provisions of Section
211-501.2.
3    (c) A person requested to submit to a test as provided
4above shall be warned by the law enforcement officer
5requesting the test that a refusal to submit to the test will
6result in the statutory summary suspension of the person's
7privilege to operate a motor vehicle, as provided in Section
86-208.1 of this Code, and will also result in the
9disqualification of the person's privilege to operate a
10commercial motor vehicle, as provided in Section 6-514 of this
11Code, if the person is a CDL holder. The person shall also be
12warned that a refusal to submit to the test, when the person
13was involved in a motor vehicle accident that caused personal
14injury or death to another, will result in the statutory
15summary revocation of the person's privilege to operate a
16motor vehicle, as provided in Section 6-208.1, and will also
17result in the disqualification of the person's privilege to
18operate a commercial motor vehicle, as provided in Section
196-514 of this Code, if the person is a CDL holder. The person
20shall also be warned by the law enforcement officer that if the
21person submits to the test or tests provided in paragraph (a)
22of this Section and the alcohol concentration in the person's
23blood, other bodily substance, or breath is 0.08 or greater,
24or testing discloses the presence of cannabis as listed in the
25Cannabis Control Act with a tetrahydrocannabinol concentration
26as defined in paragraph 6 of subsection (a) of Section

 

 

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111-501.2 of this Code, or any amount of a drug, substance, or
2compound resulting from the unlawful use or consumption of 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
6the Methamphetamine Control and Community Protection Act is
7detected in the person's blood, other bodily substance or
8urine, a statutory summary suspension of the person's
9privilege to operate a motor vehicle, as provided in Sections
106-208.1 and 11-501.1 of this Code, will be imposed. If the
11person is also a CDL holder, he or she shall be warned by the
12law enforcement officer that if the person submits to the test
13or tests provided in paragraph (a) of this Section and the
14alcohol concentration in the person's blood, other bodily
15substance, or breath is 0.08 or greater, or any amount of a
16drug, substance, or compound resulting from the unlawful use
17or consumption of cannabis as covered by the Cannabis Control
18Act, a controlled substance listed in the Illinois Controlled
19Substances Act, an intoxicating compound listed in the Use of
20Intoxicating Compounds Act, or methamphetamine as listed in
21the Methamphetamine Control and Community Protection Act is
22detected in the person's blood, other bodily substance, or
23urine, a disqualification of the person's privilege to operate
24a commercial motor vehicle, as provided in Section 6-514 of
25this Code, will be imposed.
26    A person who is under the age of 21 at the time the person

 

 

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1is requested to submit to a test as provided above shall, in
2addition to the warnings provided for in this Section, be
3further warned by the law enforcement officer requesting the
4test that if the person submits to the test or tests provided
5in paragraph (a) of this Section and the alcohol concentration
6in the person's blood, other bodily substance, or breath is
7greater than 0.00 and less than 0.08, a suspension of the
8person's privilege to operate a motor vehicle, as provided
9under Sections 6-208.2 and 11-501.8 of this Code, will be
10imposed. The results of this test shall be admissible in a
11civil or criminal action or proceeding arising from an arrest
12for an offense as defined in Section 11-501 of this Code or a
13similar provision of a local ordinance or pursuant to Section
1411-501.4 in prosecutions for reckless homicide brought under
15the Criminal Code of 1961 or the Criminal Code of 2012. These
16test results, however, shall be admissible only in actions or
17proceedings directly related to the incident upon which the
18test request was made.
19    A person requested to submit to a test shall also
20acknowledge, in writing, receipt of the warning required under
21this Section. If the person refuses to acknowledge receipt of
22the warning, the law enforcement officer shall make a written
23notation on the warning that the person refused to sign the
24warning. A person's refusal to sign the warning shall not be
25evidence that the person was not read the warning.
26    (d) If the person refuses testing or submits to a test that

 

 

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1discloses an alcohol concentration of 0.08 or more, or testing
2discloses the presence of cannabis as listed in the Cannabis
3Control Act with a tetrahydrocannabinol concentration as
4defined in paragraph 6 of subsection (a) of Section 11-501.2
5of this Code, or any amount of a drug, substance, or
6intoxicating compound in the person's breath, blood, other
7bodily substance, or urine resulting from the unlawful use or
8consumption of a controlled substance listed in the Illinois
9Controlled Substances Act, an intoxicating compound listed in
10the Use of Intoxicating Compounds Act, or methamphetamine as
11listed in the Methamphetamine Control and Community Protection
12Act, the law enforcement officer shall immediately submit a
13sworn report to the circuit court of venue and the Secretary of
14State, certifying that the test or tests was or were requested
15under paragraph (a) and the person refused to submit to a test,
16or tests, or submitted to testing that disclosed an alcohol
17concentration of 0.08 or more, testing discloses the presence
18of cannabis as listed in the Cannabis Control Act with a
19tetrahydrocannabinol concentration as defined in paragraph 6
20of subsection (a) of Section 11-501.2 of this Code, or any
21amount of a drug, substance, or intoxicating compound in the
22person's breath, blood, other bodily substance, or urine
23resulting from the unlawful use or consumption of a controlled
24substance listed in the Illinois Controlled Substances Act, an
25intoxicating compound listed in the Use of Intoxicating
26Compounds Act, or methamphetamine as listed in the

 

 

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1Methamphetamine Control and Community Protection Act. If the
2person is also a CDL holder and refuses testing or submits to a
3test that discloses an alcohol concentration of 0.08 or more,
4or any amount of a drug, substance, or intoxicating compound
5in the person's breath, blood, other bodily substance, 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, the law
12enforcement officer shall also immediately submit a sworn
13report to the circuit court of venue and the Secretary of
14State, certifying that the test or tests was or were requested
15under paragraph (a) and the person refused to submit to a test,
16or tests, or submitted to testing that disclosed an alcohol
17concentration of 0.08 or more, or any amount of a drug,
18substance, or intoxicating compound in the person's breath,
19blood, other bodily substance, or urine resulting from the
20unlawful use or consumption of cannabis listed in the Cannabis
21Control Act, a controlled substance listed in the Illinois
22Controlled Substances Act, an intoxicating compound listed in
23the Use of Intoxicating Compounds Act, or methamphetamine as
24listed in the Methamphetamine Control and Community Protection
25Act.
26    (e) Upon receipt of the sworn report of a law enforcement

 

 

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1officer submitted under paragraph (d), the Secretary of State
2shall enter the statutory summary suspension or revocation and
3disqualification for the periods specified in Sections 6-208.1
4and 6-514, respectively, and effective as provided in
5paragraph (g).
6    If the person is a first offender as defined in Section
711-500 of this Code, and is not convicted of a violation of
8Section 11-501 of this Code or a similar provision of a local
9ordinance, then reports received by the Secretary of State
10under this Section shall, except during the actual time the
11Statutory Summary Suspension is in effect, be privileged
12information and for use only by the courts, police officers,
13prosecuting authorities or the Secretary of State, unless the
14person is a CDL holder, is operating a commercial motor
15vehicle or vehicle required to be placarded for hazardous
16materials, in which case the suspension shall not be
17privileged. Reports received by the Secretary of State under
18this Section shall also be made available to the parent or
19guardian of a person under the age of 18 years that holds an
20instruction permit or a graduated driver's license, regardless
21of whether the statutory summary suspension is in effect. A
22statutory summary revocation shall not be privileged
23information.
24    (f) The law enforcement officer submitting the sworn
25report under paragraph (d) shall serve immediate notice of the
26statutory summary suspension or revocation on the person and

 

 

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1the suspension or revocation and disqualification shall be
2effective as provided in paragraph (g).
3        (1) In cases involving a person who is not a CDL holder
4    where the blood alcohol concentration of 0.08 or greater
5    or any amount of a drug, substance, or compound resulting
6    from the unlawful use or consumption of a controlled
7    substance listed in the Illinois Controlled Substances
8    Act, an intoxicating compound listed in the Use of
9    Intoxicating Compounds Act, or methamphetamine as listed
10    in the Methamphetamine Control and Community Protection
11    Act is established by a subsequent analysis of blood,
12    other bodily substance, or urine or analysis of whole
13    blood or other bodily substance establishes a
14    tetrahydrocannabinol concentration as defined in paragraph
15    6 of subsection (a) of Section 11-501.2 of this Code,
16    collected at the time of arrest, the arresting officer or
17    arresting agency shall give notice as provided in this
18    Section or by deposit in the United States mail of the
19    notice in an envelope with postage prepaid and addressed
20    to the person at his or her address as shown on the Uniform
21    Traffic Ticket and the statutory summary suspension shall
22    begin as provided in paragraph (g).
23        (1.3) In cases involving a person who is a CDL holder
24    where the blood alcohol concentration of 0.08 or greater
25    or any amount of a drug, substance, or compound resulting
26    from the unlawful use or consumption of cannabis as

 

 

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1    covered by the Cannabis Control Act, a controlled
2    substance listed in the Illinois Controlled Substances
3    Act, an intoxicating compound listed in the Use of
4    Intoxicating Compounds Act, or methamphetamine as listed
5    in the Methamphetamine Control and Community Protection
6    Act is established by a subsequent analysis of blood,
7    other bodily substance, or urine collected at the time of
8    arrest, the arresting officer or arresting agency shall
9    give notice as provided in this Section or by deposit in
10    the United States mail of the notice in an envelope with
11    postage prepaid and addressed to the person at his or her
12    address as shown on the Uniform Traffic Ticket and the
13    statutory summary suspension and disqualification shall
14    begin as provided in paragraph (g).
15        (1.5) The officer shall confiscate any Illinois
16    driver's license or permit on the person at the time of
17    arrest. If the person has a valid driver's license or
18    permit, the officer shall issue the person a receipt, in a
19    form prescribed by the Secretary of State, that will allow
20    that person to drive during the periods provided for in
21    paragraph (g). The officer shall immediately forward the
22    driver's license or permit to the circuit court of venue
23    along with the sworn report provided for in paragraph (d).
24        (2) (Blank).
25    (g) The statutory summary suspension or revocation and
26disqualification referred to in this Section shall take effect

 

 

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1on the 46th day following the date the notice of the statutory
2summary suspension or revocation was given to the person.
3    (h) The following procedure shall apply whenever a person
4is arrested for any offense as defined in Section 11-501 or a
5similar provision of a local ordinance:
6    Upon receipt of the sworn report from the law enforcement
7officer, the Secretary of State shall confirm the statutory
8summary suspension or revocation by mailing a notice of the
9effective date of the suspension or revocation to the person
10and the court of venue. The Secretary of State shall also mail
11notice of the effective date of the disqualification to the
12person. However, should the sworn report be defective by not
13containing sufficient information or be completed in error,
14the confirmation of the statutory summary suspension or
15revocation shall not be mailed to the person or entered to the
16record; instead, the sworn report shall be forwarded to the
17court of venue with a copy returned to the issuing agency
18identifying any defect.
19    (h-5) Notwithstanding any other provision to the contrary,
20if a circuit court enters an order rescinding a statutory
21summary suspension imposed pursuant to this Section more than
2230 days after the entry of a prior order sustaining the
23statutory summary suspension, the Secretary shall not remove
24the statutory summary suspension from the driving record and
25may use it for imposing sanctions related to driving
26privileges.

 

 

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1    (i) As used in this Section, "personal injury" includes
2any Type A injury as indicated on the traffic accident report
3completed by a law enforcement officer that requires immediate
4professional attention in either a doctor's office or a
5medical facility. A Type A injury includes severely bleeding
6wounds, distorted extremities, and injuries that require the
7injured party to be carried from the scene.
8(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
999-467, eff. 1-1-16; 99-697, eff. 7-29-16.)