Full Text of SB0577 95th General Assembly
SB0577 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0577
Introduced 2/8/2007, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/2-118 |
from Ch. 95 1/2, par. 2-118 |
625 ILCS 5/6-206 |
from Ch. 95 1/2, par. 6-206 |
625 ILCS 5/11-501.8 |
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Amends the Illinois Vehicle Code. Provides that a petition to contest the imposition of a suspension of a person's driving privileges because of the person's refusal to undergo testing for alcohol, drugs, or intoxicating compounds, or because drugs, intoxicating compounds, or alcohol in excess of the legal limit were found in the person's blood, breath, or urine, must be filed within 90 days after the effective date of the suspension. Provides that if a petition is withdrawn, it must be refiled in 90 days. Provides that a petition that has been withdrawn more than twice may not be refiled. Provides that a person whose license has been suspended may subpoena the arresting officer or any other law enforcement officer who participated in the person's arrest to appear at the hearing to contest the suspension. Provides that the failure of a law enforcement officer to appear at the hearing is grounds for a continuance, if the hearing officer considers the continuance appropriate, but not grounds for rescission of the suspension. Makes other changes.
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A BILL FOR
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SB0577 |
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LRB095 04707 DRH 28347 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 |
| Sections 2-118, 6-206, and 11-501.8 as follows:
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| (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
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| Sec. 2-118. Hearings.
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| (a) Upon the suspension, revocation or denial of
the | 9 |
| issuance of a license, permit, registration or certificate of | 10 |
| title
under this Code of any person the Secretary of State | 11 |
| shall immediately
notify such person in writing and upon his | 12 |
| written request shall, within 20
days after receipt thereof, | 13 |
| set a date for a hearing to commence within 90
calendar days | 14 |
| from the date of the written request for all requests related | 15 |
| to
a suspension, revocation, or the denial of the issuance of a | 16 |
| license, permit,
registration, or certificate of title | 17 |
| occurring after July 1, 2002, in the
County of
Sangamon, the | 18 |
| County of Jefferson, or the County of Cook, as such
person may | 19 |
| specify, unless both
parties agree that such hearing may be | 20 |
| held in some other county.
The Secretary may require the | 21 |
| payment of a fee of not more than $50 for the
filing of any | 22 |
| petition, motion, or request for hearing conducted pursuant to
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| this Section. These fees must be deposited into the Secretary |
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| of State DUI
Administration Fund, a special fund created in the | 2 |
| State treasury, and, subject
to appropriation and as directed | 3 |
| by the Secretary of State, shall be used for
operation of the | 4 |
| Department of Administrative Hearings of the Office of the
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| Secretary of
State
and for no other purpose. The
Secretary | 6 |
| shall establish by rule the amount and the procedures, terms, | 7 |
| and
conditions relating to these fees.
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| (b) At any time after the suspension, revocation or denial | 9 |
| of a license,
permit, registration or certificate of title of | 10 |
| any person as
hereinbefore referred to, the Secretary of State, | 11 |
| in his or her discretion
and
without the necessity of a request | 12 |
| by such person, may hold such a hearing,
upon not less than 10 | 13 |
| days' notice in writing, in the Counties of Sangamon,
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| Jefferson,
or Cook or in any other county agreed to by the | 15 |
| parties.
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| (c) Upon any such hearing, the Secretary of State, or his | 17 |
| authorized
agent may administer oaths and issue subpoenas for | 18 |
| the attendance of
witnesses and the production of relevant | 19 |
| books and records and may require
an examination of such | 20 |
| person. Upon any such hearing, the Secretary of
State shall | 21 |
| either rescind or, good cause appearing therefor, continue,
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| change or extend the Order of Revocation or Suspension, or upon | 23 |
| petition
therefore and subject to the provisions of this Code, | 24 |
| issue a restricted
driving permit or reinstate the license or | 25 |
| permit of such person.
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| (c-5) When any counselor or attorney at law, licensed in |
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| any other state or territory, desires to appear at a hearing, | 2 |
| that counselor or attorney shall be allowed to appear at the | 3 |
| hearing upon the same terms and in the same manner that | 4 |
| counselors and attorneys at law licensed in this State are | 5 |
| admitted to appear in that other state or territory at | 6 |
| administrative hearings adjudicating matters the same as or | 7 |
| similar to those under the jurisdiction of the Secretary of | 8 |
| State.
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| (d) All hearings and hearing procedures shall comply with | 10 |
| requirements
of the Constitution, so that no person is deprived | 11 |
| of due process of law
nor denied equal protection of the laws. | 12 |
| All hearings shall be held before
the Secretary of State or | 13 |
| before such persons as may be designated by the
Secretary of | 14 |
| State and appropriate records of such hearings shall be kept.
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| Where a transcript of the hearing is taken, the person | 16 |
| requesting the
hearing shall have the opportunity to order a | 17 |
| copy thereof at his own
expense.
The Secretary of State shall | 18 |
| enter an order upon any hearing conducted
under this Section, | 19 |
| related to a suspension, revocation, or the denial of
the | 20 |
| issuance of a license, permit, registration, or certificate of | 21 |
| title
occurring after July 1, 2002, within 90 days of its | 22 |
| conclusion and shall
immediately notify the person in writing | 23 |
| of his or her action.
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| (d-3) In regard to any hearing over which the Secretary of | 25 |
| State has jurisdiction because of a person's implied consent to | 26 |
| testing of the person's blood, breath, or urine for the |
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| presence of alcohol, drugs, or intoxicating compounds, | 2 |
| petitions to contest the imposition of a suspension based on | 3 |
| the person's refusal to undergo the required testing, or on a | 4 |
| finding that the person's blood, breath, or urine contained | 5 |
| drugs, intoxicating compounds, or alcohol in an amount | 6 |
| exceeding the legal limit, must be filed within 90 days after | 7 |
| the effective date of the suspension (unless the petitioner is | 8 |
| able to show that the Notice of Suspension was not sent at | 9 |
| least 21 days before the termination date of the suspension, in | 10 |
| which case the petition may be filed within 90 days after the | 11 |
| notice was issued). If a petitioner withdraws a petition, the | 12 |
| petition must be refiled within 90 days after the date of | 13 |
| withdrawal. A petition which is withdrawn more than twice shall | 14 |
| not be considered by the Secretary of State. | 15 |
| (d-5) Any hearing over which the Secretary of State has | 16 |
| jurisdiction because of a person's implied consent to testing | 17 |
| of the person's blood, breath, or urine for the presence of | 18 |
| alcohol, drugs, or intoxicating compounds may be conducted upon | 19 |
| a review of the official police reports. Either party, however, | 20 |
| may subpoena the arresting officer and any other law | 21 |
| enforcement officer who was involved in the petitioner's arrest | 22 |
| or processing after arrest, as well as any other person whose | 23 |
| testimony may be probative to the issues at the hearing. The | 24 |
| failure of a law enforcement officer to answer the subpoena | 25 |
| shall be considered grounds for a continuance if, in the | 26 |
| hearing officer's discretion, the continuance is appropriate. |
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| The failure of the arresting officer to answer a subpoena shall | 2 |
| not, in and of itself, be considered grounds for the rescission | 3 |
| of an implied consent suspension. Rather, the hearing shall | 4 |
| proceed on the basis of the other evidence available, and the | 5 |
| hearing officer shall assign this evidence whatever probative | 6 |
| value is deemed appropriate. The decision to rescind shall be | 7 |
| based upon the totality of the evidence.
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| (e) The action of the
Secretary of State in suspending, | 9 |
| revoking or denying any license, permit,
registration, or | 10 |
| certificate of title shall be subject to judicial review
in the
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| Circuit Court of Sangamon County, in the Circuit Court of | 12 |
| Jefferson County,
or in the Circuit Court of Cook County, and | 13 |
| the
provisions of the Administrative Review Law, and all | 14 |
| amendments and
modifications thereto, and the rules adopted | 15 |
| pursuant thereto, are hereby
adopted and shall apply to and | 16 |
| govern every action for the judicial review of
final acts or | 17 |
| decisions of the Secretary of State hereunder.
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| (Source: P.A. 91-823, eff. 1-1-01; 92-418, eff. 8-17-01.)
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| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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| Sec. 6-206. Discretionary authority to suspend or revoke | 21 |
| license or
permit; Right to a hearing.
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| (a) The Secretary of State is authorized to suspend or | 23 |
| revoke the
driving privileges of any person without preliminary | 24 |
| hearing upon a showing
of the person's records or other | 25 |
| sufficient evidence that
the person:
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| 1. Has committed an offense for which mandatory | 2 |
| revocation of
a driver's license or permit is required upon | 3 |
| conviction;
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| 2. Has been convicted of not less than 3 offenses | 5 |
| against traffic
regulations governing the movement of | 6 |
| vehicles committed within any 12
month period. No | 7 |
| revocation or suspension shall be entered more than
6 | 8 |
| months after the date of last conviction;
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| 3. Has been repeatedly involved as a driver in motor | 10 |
| vehicle
collisions or has been repeatedly convicted of | 11 |
| offenses against laws and
ordinances regulating the | 12 |
| movement of traffic, to a degree that
indicates lack of | 13 |
| ability to exercise ordinary and reasonable care in
the | 14 |
| safe operation of a motor vehicle or disrespect for the | 15 |
| traffic laws
and the safety of other persons upon the | 16 |
| highway;
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| 4. Has by the unlawful operation of a motor vehicle | 18 |
| caused or
contributed to an accident resulting in death or | 19 |
| injury requiring
immediate professional treatment in a | 20 |
| medical facility or doctor's office
to any person, except | 21 |
| that any suspension or revocation imposed by the
Secretary | 22 |
| of State under the provisions of this subsection shall | 23 |
| start no
later than 6 months after being convicted of | 24 |
| violating a law or
ordinance regulating the movement of | 25 |
| traffic, which violation is related
to the accident, or | 26 |
| shall start not more than one year
after
the date of the |
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| accident, whichever date occurs later;
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| 5. Has permitted an unlawful or fraudulent use of a | 3 |
| driver's
license, identification card, or permit;
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| 6. Has been lawfully convicted of an offense or | 5 |
| offenses in another
state, including the authorization | 6 |
| contained in Section 6-203.1, which
if committed within | 7 |
| this State would be grounds for suspension or revocation;
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| 7. Has refused or failed to submit to an examination | 9 |
| provided for by
Section 6-207 or has failed to pass the | 10 |
| examination;
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| 8. Is ineligible for a driver's license or permit under | 12 |
| the provisions
of Section 6-103;
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| 9. Has made a false statement or knowingly concealed a | 14 |
| material fact
or has used false information or | 15 |
| identification in any application for a
license, | 16 |
| identification card, or permit;
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| 10. Has possessed, displayed, or attempted to | 18 |
| fraudulently use any
license, identification card, or | 19 |
| permit not issued to the person;
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| 11. Has operated a motor vehicle upon a highway of this | 21 |
| State when
the person's driving privilege or privilege to | 22 |
| obtain a driver's license
or permit was revoked or | 23 |
| suspended unless the operation was authorized by
a judicial | 24 |
| driving permit, probationary license to drive, or a | 25 |
| restricted
driving permit issued under this Code;
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| 12. Has submitted to any portion of the application |
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| process for
another person or has obtained the services of | 2 |
| another person to submit to
any portion of the application | 3 |
| process for the purpose of obtaining a
license, | 4 |
| identification card, or permit for some other person;
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| 13. Has operated a motor vehicle upon a highway of this | 6 |
| State when
the person's driver's license or permit was | 7 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
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| 14. Has committed a violation of Section 6-301, | 9 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 10 |
| of the Illinois Identification Card
Act;
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| 15. Has been convicted of violating Section 21-2 of the | 12 |
| Criminal Code
of 1961 relating to criminal trespass to | 13 |
| vehicles in which case, the suspension
shall be for one | 14 |
| year;
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| 16. Has been convicted of violating Section 11-204 of | 16 |
| this Code relating
to fleeing from a peace officer;
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| 17. Has refused to submit to a test, or tests, as | 18 |
| required under Section
11-501.1 of this Code and the person | 19 |
| has not sought a hearing as
provided for in Section | 20 |
| 11-501.1;
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| 18. Has, since issuance of a driver's license or | 22 |
| permit, been adjudged
to be afflicted with or suffering | 23 |
| from any mental disability or disease;
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| 19. Has committed a violation of paragraph (a) or (b) | 25 |
| of Section 6-101
relating to driving without a driver's | 26 |
| license;
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| 20. Has been convicted of violating Section 6-104 | 2 |
| relating to
classification of driver's license;
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| 21. Has been convicted of violating Section 11-402 of
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| this Code relating to leaving the scene of an accident | 5 |
| resulting in damage
to a vehicle in excess of $1,000, in | 6 |
| which case the suspension shall be
for one year;
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| 22. Has used a motor vehicle in violating paragraph | 8 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 9 |
| the Criminal Code of 1961 relating
to unlawful use of | 10 |
| weapons, in which case the suspension shall be for one
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| year;
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| 23. Has, as a driver, been convicted of committing a | 13 |
| violation of
paragraph (a) of Section 11-502 of this Code | 14 |
| for a second or subsequent
time within one year of a | 15 |
| similar violation;
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| 24. Has been convicted by a court-martial or punished | 17 |
| by non-judicial
punishment by military authorities of the | 18 |
| United States at a military
installation in Illinois of or | 19 |
| for a traffic related offense that is the
same as or | 20 |
| similar to an offense specified under Section 6-205 or | 21 |
| 6-206 of
this Code;
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| 25. Has permitted any form of identification to be used | 23 |
| by another in
the application process in order to obtain or | 24 |
| attempt to obtain a license,
identification card, or | 25 |
| permit;
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| 26. Has altered or attempted to alter a license or has |
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| possessed an
altered license, identification card, or | 2 |
| permit;
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| 27. Has violated Section 6-16 of the Liquor Control Act | 4 |
| of 1934;
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| 28. Has been convicted of the illegal possession, while | 6 |
| operating or
in actual physical control, as a driver, of a | 7 |
| motor vehicle, of any
controlled substance prohibited | 8 |
| under the Illinois Controlled Substances
Act, any cannabis | 9 |
| prohibited under the Cannabis Control
Act, or any | 10 |
| methamphetamine prohibited under the Methamphetamine | 11 |
| Control and Community Protection Act, in which case the | 12 |
| person's driving privileges shall be suspended for
one | 13 |
| year, and any driver who is convicted of a second or | 14 |
| subsequent
offense, within 5 years of a previous | 15 |
| conviction, for the illegal
possession, while operating or | 16 |
| in actual physical control, as a driver, of
a motor | 17 |
| vehicle, of any controlled substance prohibited under the | 18 |
| Illinois Controlled Substances Act, any cannabis
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| prohibited under the Cannabis Control Act, or any | 20 |
| methamphetamine prohibited under the Methamphetamine | 21 |
| Control and Community Protection Act shall be suspended for | 22 |
| 5 years.
Any defendant found guilty of this offense while | 23 |
| operating a motor vehicle,
shall have an entry made in the | 24 |
| court record by the presiding judge that
this offense did | 25 |
| occur while the defendant was operating a motor vehicle
and | 26 |
| order the clerk of the court to report the violation to the |
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| Secretary
of State;
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| 29. Has been convicted of the following offenses that | 3 |
| were committed
while the person was operating or in actual | 4 |
| physical control, as a driver,
of a motor vehicle: criminal | 5 |
| sexual assault,
predatory criminal sexual assault of a | 6 |
| child,
aggravated criminal sexual
assault, criminal sexual | 7 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 8 |
| soliciting for a juvenile prostitute and the manufacture, | 9 |
| sale or
delivery of controlled substances or instruments | 10 |
| used for illegal drug use
or abuse in which case the | 11 |
| driver's driving privileges shall be suspended
for one | 12 |
| year;
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| 30. Has been convicted a second or subsequent time for | 14 |
| any
combination of the offenses named in paragraph 29 of | 15 |
| this subsection,
in which case the person's driving | 16 |
| privileges shall be suspended for 5
years;
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| 31. Has refused to submit to a test as
required by | 18 |
| Section 11-501.6 or has submitted to a test resulting in
an | 19 |
| alcohol concentration of 0.08 or more or any amount of a | 20 |
| drug, substance, or
compound resulting from the unlawful | 21 |
| use or consumption of cannabis as listed
in the Cannabis | 22 |
| Control Act, a controlled substance as listed in the | 23 |
| Illinois
Controlled Substances Act, or an intoxicating | 24 |
| compound as listed in the Use of
Intoxicating Compounds | 25 |
| Act, in which case the penalty shall be
as prescribed in | 26 |
| Section 6-208.1;
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| 32. Has been convicted of Section 24-1.2 of the | 2 |
| Criminal Code of
1961 relating to the aggravated discharge | 3 |
| of a firearm if the offender was
located in a motor vehicle | 4 |
| at the time the firearm was discharged, in which
case the | 5 |
| suspension shall be for 3 years;
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| 33. Has as a driver, who was less than 21 years of age | 7 |
| on the date of
the offense, been convicted a first time of | 8 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 9 |
| or a similar provision of a local ordinance;
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| 34. Has committed a violation of Section 11-1301.5 of | 11 |
| this Code;
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| 35. Has committed a violation of Section 11-1301.6 of | 13 |
| this Code;
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| 36. Is under the age of 21 years at the time of arrest | 15 |
| and has been
convicted of not less than 2 offenses against | 16 |
| traffic regulations governing
the movement of vehicles | 17 |
| committed within any 24 month period. No revocation
or | 18 |
| suspension shall be entered more than 6 months after the | 19 |
| date of last
conviction;
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| 37. Has committed a violation of subsection (c) of | 21 |
| Section 11-907 of this
Code;
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| 38. Has been convicted of a violation of Section 6-20 | 23 |
| of the Liquor
Control Act of 1934 or a similar provision of | 24 |
| a local ordinance;
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| 39. Has committed a second or subsequent violation of | 26 |
| Section
11-1201 of this Code;
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| 40. Has committed a violation of subsection (a-1) of | 2 |
| Section 11-908 of
this Code; | 3 |
| 41. Has committed a second or subsequent violation of | 4 |
| Section 11-605.1 of this Code within 2 years of the date of | 5 |
| the previous violation, in which case the suspension shall | 6 |
| be for 90 days; or | 7 |
| 42. Has committed a violation of subsection (a-1) of | 8 |
| Section 11-1301.3 of this Code ; or
.
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| 43. Has, in connection with or during the course of a | 10 |
| formal hearing conducted under Section 2-118 of this Code: | 11 |
| (i) committed perjury; (ii) submitted fraudulent or | 12 |
| falsified documents; (iii) submitted documents that have | 13 |
| been materially altered; or (iv), submitted as his or her | 14 |
| own, documents that were in fact prepared or composed for | 15 |
| another person.
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| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 17 |
| and 27 of this
subsection, license means any driver's license, | 18 |
| any traffic ticket issued when
the person's driver's license is | 19 |
| deposited in lieu of bail, a suspension
notice issued by the | 20 |
| Secretary of State, a duplicate or corrected driver's
license, | 21 |
| a probationary driver's license or a temporary driver's | 22 |
| license.
| 23 |
| (b) If any conviction forming the basis of a suspension or
| 24 |
| revocation authorized under this Section is appealed, the
| 25 |
| Secretary of State may rescind or withhold the entry of the | 26 |
| order of suspension
or revocation, as the case may be, provided |
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| that a certified copy of a stay
order of a court is filed with | 2 |
| the Secretary of State. If the conviction is
affirmed on | 3 |
| appeal, the date of the conviction shall relate back to the | 4 |
| time
the original judgment of conviction was entered and the 6 | 5 |
| month limitation
prescribed shall not apply.
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| (c) 1. Upon suspending or revoking the driver's license or | 7 |
| permit of
any person as authorized in this Section, the | 8 |
| Secretary of State shall
immediately notify the person in | 9 |
| writing of the revocation or suspension.
The notice to be | 10 |
| deposited in the United States mail, postage prepaid,
to | 11 |
| the last known address of the person.
| 12 |
| 2. If the Secretary of State suspends the driver's | 13 |
| license
of a person under subsection 2 of paragraph (a) of | 14 |
| this Section, a
person's privilege to operate a vehicle as | 15 |
| an occupation shall not be
suspended, provided an affidavit | 16 |
| is properly completed, the appropriate fee
received, and a | 17 |
| permit issued prior to the effective date of the
| 18 |
| suspension, unless 5 offenses were committed, at least 2 of | 19 |
| which occurred
while operating a commercial vehicle in | 20 |
| connection with the driver's
regular occupation. All other | 21 |
| driving privileges shall be suspended by the
Secretary of | 22 |
| State. Any driver prior to operating a vehicle for
| 23 |
| occupational purposes only must submit the affidavit on | 24 |
| forms to be
provided by the Secretary of State setting | 25 |
| forth the facts of the person's
occupation. The affidavit | 26 |
| shall also state the number of offenses
committed while |
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| operating a vehicle in connection with the driver's regular
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| occupation. The affidavit shall be accompanied by the | 3 |
| driver's license.
Upon receipt of a properly completed | 4 |
| affidavit, the Secretary of State
shall issue the driver a | 5 |
| permit to operate a vehicle in connection with the
driver's | 6 |
| regular occupation only. Unless the permit is issued by the
| 7 |
| Secretary of State prior to the date of suspension, the | 8 |
| privilege to drive
any motor vehicle shall be suspended as | 9 |
| set forth in the notice that was
mailed under this Section. | 10 |
| If an affidavit is received subsequent to the
effective | 11 |
| date of this suspension, a permit may be issued for the | 12 |
| remainder
of the suspension period.
| 13 |
| The provisions of this subparagraph shall not apply to | 14 |
| any driver
required to possess a CDL for the purpose of | 15 |
| operating a commercial motor vehicle.
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| Any person who falsely states any fact in the affidavit | 17 |
| required
herein shall be guilty of perjury under Section | 18 |
| 6-302 and upon conviction
thereof shall have all driving | 19 |
| privileges revoked without further rights.
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| 3. At the conclusion of a hearing under Section 2-118 | 21 |
| of this Code,
the Secretary of State shall either rescind | 22 |
| or continue an order of
revocation or shall substitute an | 23 |
| order of suspension; or, good
cause appearing therefor, | 24 |
| rescind, continue, change, or extend the
order of | 25 |
| suspension. If the Secretary of State does not rescind the | 26 |
| order,
the Secretary may upon application,
to relieve undue |
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| hardship, issue
a restricted driving permit granting the | 2 |
| privilege of driving a motor
vehicle between the | 3 |
| petitioner's residence and petitioner's place of
| 4 |
| employment or within the scope of his employment related | 5 |
| duties, or to
allow transportation for the petitioner, or a | 6 |
| household member of the
petitioner's family, to receive | 7 |
| necessary medical care and if the
professional evaluation | 8 |
| indicates, provide transportation for alcohol
remedial or | 9 |
| rehabilitative activity, or for the petitioner to attend
| 10 |
| classes, as a student, in an accredited educational | 11 |
| institution; if the
petitioner is able to demonstrate that | 12 |
| no alternative means of
transportation is reasonably | 13 |
| available and the petitioner will not endanger
the public | 14 |
| safety or welfare.
| 15 |
| If a person's license or permit has been revoked or | 16 |
| suspended due to 2
or more convictions of violating Section | 17 |
| 11-501 of this Code or a similar
provision of a local | 18 |
| ordinance or a similar out-of-state offense, arising out
of | 19 |
| separate occurrences, that person, if issued a restricted | 20 |
| driving permit,
may not operate a vehicle unless it has | 21 |
| been equipped with an ignition
interlock device as defined | 22 |
| in Section 1-129.1.
| 23 |
| If a person's license or permit has been revoked or | 24 |
| suspended 2 or more
times within a 10 year period due to a | 25 |
| single conviction of violating Section
11-501 of this Code | 26 |
| or a similar provision of a local ordinance or a similar
|
|
|
|
SB0577 |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| out-of-state offense, and a statutory summary suspension | 2 |
| under Section
11-501.1, or 2 or more statutory summary | 3 |
| suspensions, or combination of 2
offenses, or of an offense | 4 |
| and a statutory summary suspension, arising out of
separate | 5 |
| occurrences, that person, if issued a restricted driving | 6 |
| permit, may
not operate a vehicle unless it has been
| 7 |
| equipped with an ignition interlock device as defined in | 8 |
| Section 1-129.1.
The person must pay to the Secretary of | 9 |
| State DUI Administration Fund an amount
not to exceed $20 | 10 |
| per month. The Secretary shall establish by rule the amount
| 11 |
| and the procedures, terms, and conditions relating to these | 12 |
| fees. If the
restricted driving permit was issued for | 13 |
| employment purposes, then this
provision does not apply to | 14 |
| the operation of an occupational vehicle owned or
leased by | 15 |
| that person's employer. In each case the Secretary may | 16 |
| issue a
restricted driving permit for a period deemed | 17 |
| appropriate, except that all
permits shall expire within | 18 |
| one year from the date of issuance. The Secretary
may not, | 19 |
| however, issue a restricted driving permit to any person | 20 |
| whose current
revocation is the result of a second or | 21 |
| subsequent conviction for a violation
of Section 11-501 of | 22 |
| this Code or a similar provision of a local ordinance
| 23 |
| relating to the offense of operating or being in physical | 24 |
| control of a motor
vehicle while under the influence of | 25 |
| alcohol, other drug or drugs, intoxicating
compound or | 26 |
| compounds, or any similar out-of-state offense, or any |
|
|
|
SB0577 |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| combination
of those offenses, until the expiration of at | 2 |
| least one year from the date of
the revocation. A
| 3 |
| restricted driving permit issued under this Section shall | 4 |
| be subject to
cancellation, revocation, and suspension by | 5 |
| the Secretary of State in like
manner and for like cause as | 6 |
| a driver's license issued under this Code may be
cancelled, | 7 |
| revoked, or suspended; except that a conviction upon one or | 8 |
| more
offenses against laws or ordinances regulating the | 9 |
| movement of traffic
shall be deemed sufficient cause for | 10 |
| the revocation, suspension, or
cancellation of a | 11 |
| restricted driving permit. The Secretary of State may, as
a | 12 |
| condition to the issuance of a restricted driving permit, | 13 |
| require the
applicant to participate in a designated driver | 14 |
| remedial or rehabilitative
program. The Secretary of State | 15 |
| is authorized to cancel a restricted
driving permit if the | 16 |
| permit holder does not successfully complete the program.
| 17 |
| (c-5) The Secretary of State may, as a condition of the | 18 |
| reissuance of a
driver's license or permit to an applicant | 19 |
| whose driver's license or permit has
been suspended before he | 20 |
| or she reached the age of 18 years pursuant to any of
the | 21 |
| provisions of this Section, require the applicant to | 22 |
| participate in a
driver remedial education course and be | 23 |
| retested under Section 6-109 of this
Code.
| 24 |
| (d) This Section is subject to the provisions of the | 25 |
| Drivers License
Compact.
| 26 |
| (e) The Secretary of State shall not issue a restricted |
|
|
|
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LRB095 04707 DRH 28347 b |
|
| 1 |
| driving permit to
a person under the age of 16 years whose | 2 |
| driving privileges have been suspended
or revoked under any | 3 |
| provisions of this Code.
| 4 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 5 |
| State may not issue a restricted driving permit for the | 6 |
| operation of a commercial motor vehicle to a person holding a | 7 |
| CDL whose driving privileges have been suspended or revoked | 8 |
| under any provisions of this Code. | 9 |
| (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | 10 |
| 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | 11 |
| 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
| 12 |
| (625 ILCS 5/11-501.8)
| 13 |
| Sec. 11-501.8. Suspension of driver's license; persons | 14 |
| under age 21.
| 15 |
| (a) A person who is less than 21 years of age and who | 16 |
| drives or
is in actual physical control of a motor vehicle upon | 17 |
| the
public highways of this State shall be deemed to have given | 18 |
| consent to a
chemical test or tests of blood, breath, or urine | 19 |
| for the purpose of
determining the alcohol content of the | 20 |
| person's blood if arrested, as evidenced
by the issuance of a | 21 |
| Uniform Traffic Ticket for any violation of the Illinois
| 22 |
| Vehicle Code or a similar provision of a local ordinance, if a | 23 |
| police officer
has probable cause to believe that the driver | 24 |
| has consumed any amount of an
alcoholic beverage based upon | 25 |
| evidence of the driver's physical condition or
other first hand |
|
|
|
SB0577 |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| knowledge of the police officer. The test or tests shall be
| 2 |
| administered at the direction of the arresting officer. The law | 3 |
| enforcement
agency employing the officer shall designate which | 4 |
| of the aforesaid tests shall
be administered. A urine test may | 5 |
| be administered even after a blood or
breath test or both has | 6 |
| been administered.
| 7 |
| (b) A person who is dead, unconscious, or who is otherwise | 8 |
| in a condition
rendering that person incapable of refusal, | 9 |
| shall be deemed not to have
withdrawn the consent provided by | 10 |
| paragraph (a) of this Section and the test or
tests may be | 11 |
| administered subject to the following provisions:
| 12 |
| (i) Chemical analysis of the person's blood, urine, | 13 |
| breath, or
other bodily substance, to be considered valid | 14 |
| under the provisions of this
Section, shall have been | 15 |
| performed according to standards promulgated by the | 16 |
| Department of State
Police
by an individual possessing a | 17 |
| valid permit issued by that Department for this
purpose. | 18 |
| The Director of State Police is authorized to approve | 19 |
| satisfactory
techniques or methods, to ascertain the | 20 |
| qualifications and competence of
individuals to conduct | 21 |
| analyses, to issue permits that shall be subject to
| 22 |
| termination or revocation at the direction of that | 23 |
| Department, and to certify
the accuracy of breath testing | 24 |
| equipment. The Department of
State Police shall prescribe | 25 |
| regulations as necessary.
| 26 |
| (ii) When a person submits to a blood test at the |
|
|
|
SB0577 |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| request of a law
enforcement officer under the provisions | 2 |
| of this Section, only a physician
authorized to practice | 3 |
| medicine, a registered nurse, or other qualified person
| 4 |
| trained in venipuncture and acting under the direction of a | 5 |
| licensed physician
may withdraw blood for the purpose of | 6 |
| determining the alcohol content therein.
This limitation | 7 |
| does not apply to the taking of breath or urine specimens.
| 8 |
| (iii) The person tested may have a physician, qualified | 9 |
| technician,
chemist, registered nurse, or other qualified | 10 |
| person of his or her own choosing
administer a chemical | 11 |
| test or tests in addition to any test or tests
administered | 12 |
| at the direction of a law enforcement officer. The failure | 13 |
| or
inability to obtain an additional test by a person shall | 14 |
| not preclude the
consideration of the previously performed | 15 |
| chemical test.
| 16 |
| (iv) Upon a request of the person who submits to a | 17 |
| chemical test or
tests at the request of a law enforcement | 18 |
| officer, full information concerning
the test or tests | 19 |
| shall be made available to the person or that person's
| 20 |
| attorney.
| 21 |
| (v) Alcohol concentration means either grams of | 22 |
| alcohol per 100
milliliters of blood or grams of alcohol | 23 |
| per 210 liters of breath.
| 24 |
| (vi) If a driver is receiving medical treatment as a | 25 |
| result of a motor
vehicle accident, a physician licensed to | 26 |
| practice medicine, registered nurse,
or other qualified |
|
|
|
SB0577 |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| person trained in venipuncture and
acting under the | 2 |
| direction of a licensed physician shall
withdraw blood for | 3 |
| testing purposes to ascertain the presence of alcohol upon
| 4 |
| the specific request of a law enforcement officer. However, | 5 |
| that testing
shall not be performed until, in the opinion | 6 |
| of the medical personnel on scene,
the withdrawal can be | 7 |
| made without interfering with or endangering the
| 8 |
| well-being of the patient.
| 9 |
| (c) A person requested to submit to a test as provided | 10 |
| above shall be warned
by the law enforcement officer requesting | 11 |
| the test that a refusal to submit to
the test, or submission to | 12 |
| the test resulting in an alcohol concentration of
more than | 13 |
| 0.00, may result in the loss of that person's privilege to | 14 |
| operate a
motor vehicle. The loss of driving privileges shall | 15 |
| be imposed in accordance
with Section 6-208.2 of this Code.
| 16 |
| (d) If the person refuses testing or submits to a test that | 17 |
| discloses an
alcohol concentration of more than 0.00, the law | 18 |
| enforcement officer shall
immediately submit a sworn report to | 19 |
| the Secretary of State on a form
prescribed by the Secretary of | 20 |
| State, certifying that the test or tests were
requested under | 21 |
| subsection (a) and the person refused to submit to a test
or | 22 |
| tests or submitted to testing which disclosed an alcohol | 23 |
| concentration of
more than 0.00. The law enforcement officer | 24 |
| shall submit the same sworn report
when a person under the age | 25 |
| of 21 submits to testing under Section
11-501.1 of this Code | 26 |
| and the testing discloses an alcohol concentration of
more than |
|
|
|
SB0577 |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| 0.00 and less than 0.08.
| 2 |
| Upon receipt of the sworn report of a law enforcement | 3 |
| officer, the Secretary
of State shall enter the driver's | 4 |
| license sanction on the individual's driving
record and the | 5 |
| sanctions shall be effective on the 46th day following the date
| 6 |
| notice of the sanction was given to the person. If this | 7 |
| sanction is the
individual's first driver's license suspension | 8 |
| under this Section, reports
received by the Secretary of State | 9 |
| under this Section shall, except during the
time the suspension | 10 |
| is in effect, be privileged information and for use only by
the | 11 |
| courts, police officers, prosecuting authorities, the | 12 |
| Secretary of State,
or the individual personally.
| 13 |
| The law enforcement officer submitting the sworn report | 14 |
| shall serve immediate
notice of this driver's license sanction | 15 |
| on the person and the sanction shall
be effective on the 46th | 16 |
| day following the date notice was given.
| 17 |
| In cases where the blood alcohol concentration of more than | 18 |
| 0.00 is
established by a subsequent analysis of blood or urine, | 19 |
| the police officer or
arresting agency shall give notice as | 20 |
| provided in this Section or by deposit
in the United States | 21 |
| mail of that notice in an envelope with postage prepaid
and | 22 |
| addressed to that person at his last known address and the loss | 23 |
| of driving
privileges shall be effective on the 46th day | 24 |
| following the date notice was
given.
| 25 |
| Upon receipt of the sworn report of a law enforcement | 26 |
| officer, the Secretary
of State shall also give notice of the |
|
|
|
SB0577 |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| driver's license sanction to the driver
by mailing a notice of | 2 |
| the effective date of the sanction to the individual.
However, | 3 |
| should the sworn report be defective by not containing | 4 |
| sufficient
information or be completed in error, the notice of | 5 |
| the driver's license
sanction may not be mailed to the person | 6 |
| or entered to the driving record,
but rather the sworn report | 7 |
| shall be returned to the issuing law enforcement
agency.
| 8 |
| (e) A driver may contest this driver's license sanction by | 9 |
| requesting an
administrative hearing with the Secretary of | 10 |
| State in accordance with Section
2-118 of this Code. An | 11 |
| individual whose blood alcohol concentration is shown
to be | 12 |
| more than 0.00 is not subject to this Section if he or she | 13 |
| consumed
alcohol in the performance of a religious service or | 14 |
| ceremony. An individual
whose blood alcohol concentration is | 15 |
| shown to be more than 0.00 shall not be
subject to this Section | 16 |
| if the individual's blood alcohol concentration
resulted only | 17 |
| from ingestion of the prescribed or recommended dosage of
| 18 |
| medicine that contained alcohol. The petition for that hearing | 19 |
| shall not stay
or delay the effective date of the impending | 20 |
| suspension. The scope of this
hearing shall be limited to the | 21 |
| issues of:
| 22 |
| (1) whether the police officer had probable cause to | 23 |
| believe that the
person was driving or in actual physical | 24 |
| control of a motor vehicle upon the
public highways of the | 25 |
| State and the police officer had reason to believe that
the | 26 |
| person was in violation of any provision of the Illinois |
|
|
|
SB0577 |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| Vehicle Code or a
similar provision of a local ordinance; | 2 |
| and
| 3 |
| (2) whether the person was issued a Uniform Traffic | 4 |
| Ticket for any
violation of the Illinois Vehicle Code or a | 5 |
| similar provision of a local
ordinance; and
| 6 |
| (3) whether the police officer had probable cause to | 7 |
| believe that the
driver
had consumed any amount of an | 8 |
| alcoholic beverage based upon the driver's
physical | 9 |
| actions or other first-hand knowledge of the police | 10 |
| officer; and
| 11 |
| (4) whether the person, after being advised by the | 12 |
| officer that the
privilege to operate a motor vehicle would | 13 |
| be suspended if the person refused
to submit to and | 14 |
| complete the test or tests, did refuse to submit to or
| 15 |
| complete the test or tests to determine the person's | 16 |
| alcohol concentration;
and
| 17 |
| (5) whether the person, after being advised by the | 18 |
| officer that the
privileges to operate a motor vehicle | 19 |
| would be suspended if the person submits
to a chemical test | 20 |
| or tests and the test or tests disclose an alcohol
| 21 |
| concentration of more than 0.00, did submit to and
complete | 22 |
| the
test or tests that determined an alcohol concentration | 23 |
| of more than 0.00; and
| 24 |
| (6) whether the test result of an alcohol concentration | 25 |
| of more than 0.00
was based upon the person's consumption | 26 |
| of alcohol in the performance of a
religious service or |
|
|
|
SB0577 |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| ceremony; and
| 2 |
| (7) whether the test result of an alcohol concentration | 3 |
| of more than 0.00
was based upon the person's consumption | 4 |
| of alcohol through ingestion of the
prescribed or | 5 |
| recommended dosage of medicine.
| 6 |
| Provided that the petitioner may subpoena the officer, the | 7 |
| hearing may be
conducted upon a review of the law enforcement | 8 |
| officer's own official reports.
Failure of the officer to | 9 |
| answer the subpoena shall be grounds for a
continuance if, in | 10 |
| the hearing officer's discretion, the continuance is
| 11 |
| appropriate. At the conclusion of the hearing held under | 12 |
| Section 2-118 of
this Code, the Secretary of State may rescind, | 13 |
| continue, or modify the driver's
license sanction. If the | 14 |
| Secretary of State does not rescind the sanction, a
restricted | 15 |
| driving permit may be granted by the Secretary of State upon
| 16 |
| application being made and good cause shown. A restricted | 17 |
| driving permit may be
granted to relieve undue hardship by | 18 |
| allowing driving for employment,
educational, and medical | 19 |
| purposes as outlined in item (3) of part (c) of
Section 6-206 | 20 |
| of this Code. The provisions of item (3) of part (c) of Section
| 21 |
| 6-206 of this Code and of subsection (f) of that Section shall | 22 |
| apply. The Secretary of State shall promulgate rules
providing | 23 |
| for participation in an alcohol education and awareness program | 24 |
| or
activity, a drug education and awareness program or | 25 |
| activity, or both as a
condition to the issuance of a | 26 |
| restricted driving permit for suspensions
imposed under this |
|
|
|
SB0577 |
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LRB095 04707 DRH 28347 b |
|
| 1 |
| Section.
| 2 |
| (f) The results of any chemical testing performed in | 3 |
| accordance with
subsection (a) of this Section are not | 4 |
| admissible in any civil or criminal
proceeding, except that the | 5 |
| results of the testing may be considered at a
hearing held | 6 |
| under Section 2-118 of this Code. However, the results of
the | 7 |
| testing may not be used to impose driver's license sanctions | 8 |
| under
Section 11-501.1 of this Code. A law enforcement officer | 9 |
| may, however, pursue
a statutory summary suspension of driving | 10 |
| privileges under Section 11-501.1 of
this Code if other | 11 |
| physical evidence or first hand knowledge forms the basis
of | 12 |
| that suspension.
| 13 |
| (g) This Section applies only to drivers who are under
age | 14 |
| 21 at the time of the issuance of a Uniform Traffic Ticket for | 15 |
| a
violation of the Illinois Vehicle Code or a similar provision | 16 |
| of a local
ordinance, and a chemical test request is made under | 17 |
| this Section.
| 18 |
| (h) The action of the Secretary of State in suspending, | 19 |
| revoking, or
denying any license, permit, registration, or | 20 |
| certificate of title shall be
subject to judicial review in the | 21 |
| Circuit Court of Sangamon County or in the
Circuit Court of | 22 |
| Cook County, and the provisions of the Administrative Review
| 23 |
| Law and its rules are hereby adopted and shall apply to and | 24 |
| govern every action
for the judicial review of final acts or | 25 |
| decisions of the Secretary of State
under this Section.
| 26 |
| (Source: P.A. 94-307, eff. 9-30-05.)
|
|