Full Text of HB2348 94th General Assembly
HB2348 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2348
Introduced 2/16/2005, by Rep. Renee Kosel SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-520 |
from Ch. 95 1/2, par. 6-520 |
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Provides that a disqualification of commercial driving privileges by the Secretary of State does not become effective until the person is notified in writing, by certified mail (rather than merely in writing), of the impending disqualification and advised that a hearing may be requested. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2348 |
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LRB094 10121 DRH 40382 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 6-520 as follows:
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| (625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
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| Sec. 6-520. CDL disqualification or out-of-service order; | 8 |
| hearing.
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| (a) A disqualification of commercial driving privileges by | 10 |
| the Secretary of
State, pursuant to this UCDLA, shall not | 11 |
| become effective until the person
is notified in writing, by | 12 |
| certified mail, by the Secretary, of the impending | 13 |
| disqualification
and advised that a CDL hearing may be | 14 |
| requested.
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| (b) Upon receipt of the notice of a CDL disqualification | 16 |
| not based upon
a conviction, an out-of-service order, or | 17 |
| notification that a CDL
disqualification is forthcoming, the | 18 |
| person may make a written petition in
a form, approved by the | 19 |
| Secretary of State, for a CDL hearing. Such
petition must state | 20 |
| the grounds upon which the person seeks to have the CDL
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| disqualification rescinded or the out-of-service order removed | 22 |
| from the
person's driving record. Within 10 days after the | 23 |
| receipt of such
petition, it shall be reviewed by the Director | 24 |
| of the Department of
Administrative Hearings, Office of the | 25 |
| Secretary of State, or by an
appointed designee. If it is | 26 |
| determined that the petition on its face does
not state grounds | 27 |
| upon which the relief may be based, the petition for a
CDL | 28 |
| hearing shall be denied and the disqualification shall become | 29 |
| effective
as if no petition had been filed and the | 30 |
| out-of-service order shall be
sustained. If such petition is so | 31 |
| denied, the person may submit another
petition.
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| (c) The scope of a CDL hearing, for any disqualification |
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HB2348 |
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LRB094 10121 DRH 40382 b |
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| imposed
pursuant to paragraphs (1) and (2) of subsection (a) of | 2 |
| Section 6-514 shall
be limited to the following issues:
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| 1. Whether the person was operating a commercial motor | 4 |
| vehicle;
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| 2. Whether, after making the initial stop, the police | 6 |
| officer had
probable cause to issue a Sworn Report;
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| 3. Whether the person was verbally warned of the | 8 |
| ensuing consequences
prior to submitting to any type of | 9 |
| chemical test or tests to determine such
person's blood | 10 |
| concentration of alcohol, other drug, or both;
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| 4. Whether the person did refuse to submit to or failed | 12 |
| to complete
the chemical testing or did submit to such test | 13 |
| or tests and such test or
tests disclosed an alcohol | 14 |
| concentration of at least 0.04 or any amount of a
drug, | 15 |
| substance, or compound resulting from the unlawful use or | 16 |
| consumption of
cannabis listed in the Cannabis Control Act | 17 |
| or a controlled substance listed in
the Illinois Controlled | 18 |
| Substances Act in the person's system;
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| 5. Whether the person was warned that if the test or | 20 |
| tests disclosed
an alcohol concentration of 0.08 or more or | 21 |
| any amount of a drug,
substance,
or compound resulting from | 22 |
| the unlawful use or consumption of cannabis listed
in the | 23 |
| Cannabis Control Act or a controlled substance listed in | 24 |
| the Illinois
Controlled Substances Act, such results could | 25 |
| be admissible in a subsequent
prosecution under Section | 26 |
| 11-501 of this Code or similar provision of local
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| ordinances; and
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| 6. Whether such results could not be used to impose any
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| driver's license
sanctions pursuant to Section 11-501.1.
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| Upon the conclusion of the above CDL hearing, the CDL
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| disqualification imposed shall either be sustained or | 32 |
| rescinded.
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| (d) The scope of a CDL hearing for any out-of-service | 34 |
| sanction, imposed
pursuant to Section 6-515, shall be limited | 35 |
| to the following issues:
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| 1. Whether the person was driving a commercial motor |
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HB2348 |
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LRB094 10121 DRH 40382 b |
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| vehicle;
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| 2. Whether, while driving such commercial motor | 3 |
| vehicle, the person had
alcohol or any amount of a drug, | 4 |
| substance, or compound
resulting from the unlawful use or | 5 |
| consumption of cannabis listed in the
Cannabis Control Act | 6 |
| or a controlled substance listed in the Illinois
Controlled | 7 |
| Substances Act in such person's system;
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| 3. Whether the person was verbally warned of the | 9 |
| ensuing consequences
prior to being asked to submit to any | 10 |
| type of chemical test or tests to
determine such person's | 11 |
| alcohol, other drug, or both, concentration; and
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| 4. Whether, after being so warned, the person did | 13 |
| refuse to submit to
or failed to complete such chemical | 14 |
| test or tests or did submit to such
test or tests and such | 15 |
| test or tests
disclosed an alcohol concentration greater | 16 |
| than 0.00
or any amount of a drug, substance, or compound | 17 |
| resulting from the unlawful
use or consumption of cannabis | 18 |
| listed in the Cannabis Control Act or a
controlled | 19 |
| substance listed in the Illinois Controlled Substances | 20 |
| Act.
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| Upon the conclusion of the above CDL hearing, the | 22 |
| out-of-service sanction
shall
either be sustained or removed | 23 |
| from the person's driving record.
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| (e) If any person petitions for a hearing relating to any | 25 |
| CDL
disqualification based upon a conviction, as defined in | 26 |
| this UCDLA, said
hearing shall not be conducted as a CDL | 27 |
| hearing, but shall be conducted as
any other driver's license | 28 |
| hearing, whether formal or informal, as
promulgated in the | 29 |
| rules and regulations of the Secretary.
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| (f) Any evidence of alcohol or other drug consumption, for | 31 |
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purposes of this UCDLA, shall be sufficient probable cause | 32 |
| for requesting the
driver to submit to a chemical test or tests | 33 |
| to determine the presence of
alcohol, other drug, or both in | 34 |
| the person's system and the subsequent issuance
of an | 35 |
| out-of-service order or a Sworn Report by a police officer.
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| (g) For the purposes of this UCDLA, a CDL "hearing" shall
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HB2348 |
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LRB094 10121 DRH 40382 b |
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| mean a hearing before the Office of the Secretary of State in | 2 |
| accordance
with Section 2-118 of this Code, for the
purpose of | 3 |
| resolving differences or disputes specifically related to the
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| scope of the issues identified in this Section. These | 5 |
| proceedings will be
a matter of record and a final appealable | 6 |
| order issued. The petition for a
CDL hearing shall not stay or | 7 |
| delay the effective date of the impending
disqualification.
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| (h) The CDL hearing may be conducted upon a review of the | 9 |
| police
officer's own official reports; provided however, that | 10 |
| the petitioner may
subpoena the officer. Failure of the officer | 11 |
| to answer the subpoena shall be
grounds for a continuance.
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| (Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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