Full Text of SB1479 98th General Assembly
SB1479sam001 98TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/10/2013
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| 1 | | AMENDMENT TO SENATE BILL 1479
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1479 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 6-208.1 as follows: | 6 | | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | 7 | | (Text of Section from P.A. 96-1526) | 8 | | Sec. 6-208.1. Period of statutory summary alcohol, other | 9 | | drug,
or intoxicating compound related suspension. | 10 | | (a) Unless the statutory summary suspension has been | 11 | | rescinded, any
person whose privilege to drive a motor vehicle | 12 | | on the public highways has
been summarily suspended, pursuant | 13 | | to Section 11-501.1 of this Code or Section 5-16c of the Boat | 14 | | Registration and Safety Act , shall not be
eligible for | 15 | | restoration of the privilege until the expiration of: | 16 | | 1. Twelve months from the effective date of the |
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| 1 | | statutory summary suspension
for a refusal or failure to | 2 | | complete a test or tests to determine the
alcohol, drug, or | 3 | | intoxicating compound concentration, pursuant
to
Section | 4 | | 11-501.1 of this Code or Section 5-16c of the Boat | 5 | | Registration and Safety Act ; or | 6 | | 2. Six months from the effective date of the statutory | 7 | | summary
suspension imposed following the person's | 8 | | submission to a chemical test
which disclosed an alcohol | 9 | | concentration of 0.08 or more, or any
amount
of a
drug, | 10 | | substance, or intoxicating compound in such person's
| 11 | | breath, blood, or
urine resulting
from the unlawful use or | 12 | | consumption of cannabis listed in the Cannabis
Control Act, | 13 | | a controlled substance listed in the Illinois
Controlled
| 14 | | Substances Act, an intoxicating compound listed in the Use | 15 | | of Intoxicating
Compounds Act, or methamphetamine as | 16 | | listed in the Methamphetamine Control and Community | 17 | | Protection Act, pursuant to Section 11-501.1 of this Code | 18 | | or Section 5-16c of the Boat Registration and Safety Act ; | 19 | | or | 20 | | 3. Three years from the effective date of the statutory | 21 | | summary suspension
for any person other than a first | 22 | | offender who refuses or fails to
complete a test or tests | 23 | | to determine the alcohol, drug, or
intoxicating
compound | 24 | | concentration
pursuant to Section 11-501.1 of this Code or | 25 | | Section 5-16c of the Boat Registration and Safety Act ; or | 26 | | 4. One year from the effective date of the summary |
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| 1 | | suspension imposed
for any person other than a first | 2 | | offender following submission to a
chemical test which | 3 | | disclosed an alcohol concentration of 0.08 or
more
pursuant | 4 | | to Section 11-501.1 of this Code or Section 5-16c of the | 5 | | Boat Registration and Safety Act or any amount of a drug, | 6 | | substance or
compound in such person's blood or urine | 7 | | resulting from the unlawful use or
consumption of cannabis | 8 | | listed in the Cannabis Control Act, a
controlled
substance | 9 | | listed in the Illinois Controlled Substances Act, an
| 10 | | intoxicating
compound listed in the Use of Intoxicating | 11 | | Compounds Act, or methamphetamine as listed in the | 12 | | Methamphetamine Control and Community Protection Act. | 13 | | (b) Following a statutory summary suspension of the | 14 | | privilege to drive a
motor vehicle under Section 11-501.1 of | 15 | | this Code or Section 5-16c of the Boat Registration and Safety | 16 | | Act , driving privileges shall be
restored unless the person is | 17 | | otherwise suspended, revoked, or cancelled by this Code. If
the | 18 | | court has reason to believe that the person's
driving privilege | 19 | | should not be restored, the court shall notify
the Secretary of | 20 | | State prior to the expiration of the statutory summary
| 21 | | suspension so appropriate action may be taken pursuant to this | 22 | | Code. | 23 | | (c) Driving privileges may not be restored until all | 24 | | applicable
reinstatement fees, as provided by this Code, have | 25 | | been paid to the Secretary
of State and the appropriate entry | 26 | | made to the driver's record. |
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| 1 | | (d) Where a driving privilege has been summarily suspended | 2 | | under Section
11-501.1 of this Code or Section 5-16c of the | 3 | | Boat Registration and Safety Act and the person is subsequently | 4 | | convicted of violating Section
11-501 of this Code or Section | 5 | | 5-16 of the Boat Registration and Safety Act , or a similar | 6 | | provision of a local ordinance, for the same incident,
any | 7 | | period served on statutory summary suspension shall be credited | 8 | | toward
the minimum period of revocation of driving privileges | 9 | | imposed pursuant to
Section 6-205. | 10 | | (e) (Blank). | 11 | | (f) (Blank). | 12 | | (g) Following a statutory summary suspension of driving | 13 | | privileges
pursuant to Section 11-501.1 of this Code or Section | 14 | | 5-16c of the Boat Registration and Safety Act where the person | 15 | | was not a first offender, as
defined in Section 11-500, the | 16 | | Secretary of State may not issue a
restricted driving permit. | 17 | | (h) (Blank). | 18 | | (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, | 19 | | eff. 8-21-08; 96-1526, eff. 2-14-11 .) | 20 | | (Text of Section from P.A. 96-1344 and 97-229) | 21 | | Sec. 6-208.1. Period of statutory summary alcohol, other | 22 | | drug,
or intoxicating compound related suspension or | 23 | | revocation. | 24 | | (a) Unless the statutory summary suspension has been | 25 | | rescinded, any
person whose privilege to drive a motor vehicle |
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| 1 | | on the public highways has
been summarily suspended, pursuant | 2 | | to Section 11-501.1 of this Code or Section 5-16c of the Boat | 3 | | Registration and Safety Act , shall not be
eligible for | 4 | | restoration of the privilege until the expiration of: | 5 | | 1. Twelve months from the effective date of the | 6 | | statutory summary suspension
for a refusal or failure to | 7 | | complete a test or tests to determine the
alcohol, drug, or | 8 | | intoxicating compound concentration, pursuant
to
Section | 9 | | 11-501.1 of this Code or Section 5-16c of the Boat | 10 | | Registration and Safety Act , if the person was not involved | 11 | | in a motor vehicle crash that caused personal injury or | 12 | | death to another; or | 13 | | 2. Six months from the effective date of the statutory | 14 | | summary
suspension imposed following the person's | 15 | | submission to a chemical test
which disclosed an alcohol | 16 | | concentration of 0.08 or more, or any
amount
of a
drug, | 17 | | substance, or intoxicating compound in such person's
| 18 | | breath, blood, or
urine resulting
from the unlawful use or | 19 | | consumption of cannabis listed in the Cannabis
Control Act, | 20 | | a controlled substance listed in the Illinois
Controlled
| 21 | | Substances Act, an intoxicating compound listed in the Use | 22 | | of Intoxicating
Compounds Act, or methamphetamine as | 23 | | listed in the Methamphetamine Control and Community | 24 | | Protection Act, pursuant to Section 11-501.1 of this Code | 25 | | or Section 5-16c of the Boat Registration and Safety Act ; | 26 | | or |
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| 1 | | 3. Three years from the effective date of the statutory | 2 | | summary suspension
for any person other than a first | 3 | | offender who refuses or fails to
complete a test or tests | 4 | | to determine the alcohol, drug, or
intoxicating
compound | 5 | | concentration
pursuant to Section 11-501.1 of this Code or | 6 | | Section 5-16c of the Boat Registration and Safety Act ; or | 7 | | 4. One year from the effective date of the summary | 8 | | suspension imposed
for any person other than a first | 9 | | offender following submission to a
chemical test which | 10 | | disclosed an alcohol concentration of 0.08 or
more
pursuant | 11 | | to Section 11-501.1 of this Code or Section 5-16c of the | 12 | | Boat Registration and Safety Act or any amount of a drug, | 13 | | substance or
compound in such person's blood or urine | 14 | | resulting from the unlawful use or
consumption of cannabis | 15 | | listed in the Cannabis Control Act, a
controlled
substance | 16 | | listed in the Illinois Controlled Substances Act, an
| 17 | | intoxicating
compound listed in the Use of Intoxicating | 18 | | Compounds Act, or methamphetamine as listed in the | 19 | | Methamphetamine Control and Community Protection Act. | 20 | | (a-1) Unless the statutory summary revocation has been | 21 | | rescinded, any person whose privilege to drive has been | 22 | | summarily revoked pursuant to Section 11-501.1 of this Code or | 23 | | Section 5-16c of the Boat Registration and Safety Act may not | 24 | | make application for a license or permit until the expiration | 25 | | of one year from the effective date of the summary revocation. | 26 | | (b) Following a statutory summary suspension of the |
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| 1 | | privilege to drive a
motor vehicle under Section 11-501.1 of | 2 | | this Code or Section 5-16c of the Boat Registration and Safety | 3 | | Act , driving privileges shall be
restored unless the person is | 4 | | otherwise suspended, revoked, or cancelled by this Code. If
the | 5 | | court has reason to believe that the person's
driving privilege | 6 | | should not be restored, the court shall notify
the Secretary of | 7 | | State prior to the expiration of the statutory summary
| 8 | | suspension so appropriate action may be taken pursuant to this | 9 | | Code. | 10 | | (c) Driving privileges may not be restored until all | 11 | | applicable
reinstatement fees, as provided by this Code, have | 12 | | been paid to the Secretary
of State and the appropriate entry | 13 | | made to the driver's record. | 14 | | (d) Where a driving privilege has been summarily suspended | 15 | | or revoked under Section
11-501.1 of this Code or Section 5-16c | 16 | | of the Boat Registration and Safety Act and the person is | 17 | | subsequently convicted of violating Section
11-501 of this Code | 18 | | or Section 5-16 of the Boat Registration and Safety Act , or a | 19 | | similar provision of a local ordinance, for the same incident,
| 20 | | any period served on statutory summary suspension or revocation | 21 | | shall be credited toward
the minimum period of revocation of | 22 | | driving privileges imposed pursuant to
Section 6-205. | 23 | | (e) Following a statutory summary suspension of driving | 24 | | privileges
pursuant to Section 11-501.1 of this Code or Section | 25 | | 5-16c of the Boat Registration and Safety Act , for a first | 26 | | offender, the circuit court shall, unless the offender has |
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| 1 | | opted in writing not to have a monitoring device driving permit | 2 | | issued, order the Secretary of State to issue a monitoring | 3 | | device driving permit as provided in Section 6-206.1. A | 4 | | monitoring device driving permit shall not be effective prior | 5 | | to the 31st day of the statutory summary suspension. A first | 6 | | offender who refused chemical testing and whose driving | 7 | | privileges were summarily revoked pursuant to Section 11-501.1 | 8 | | of this Code or Section 5-16c of the Boat Registration and | 9 | | Safety Act shall not be eligible for a monitoring device | 10 | | driving permit, but may make application for reinstatement or | 11 | | for a restricted driving permit after a period of one year has | 12 | | elapsed from the effective date of the revocation. | 13 | | (f) (Blank). | 14 | | (g) Following a statutory summary suspension of driving | 15 | | privileges
pursuant to Section 11-501.1 of this Code or Section | 16 | | 5-16c of the Boat Registration and Safety Act where the person | 17 | | was not a first offender, as
defined in Section 11-500, the | 18 | | Secretary of State may not issue a
restricted driving permit. | 19 | | (h) (Blank). | 20 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11 .) | 21 | | Section 10. The Boat Registration and Safety Act is amended | 22 | | by adding Section 5-16c as follows: | 23 | | (625 ILCS 45/5-16c new) | 24 | | Sec. 5-16c. Operator involvement in personal injury or |
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| 1 | | fatal boating accident; chemical tests. | 2 | | (a) Any person who operates or is in actual physical | 3 | | control of a watercraft within this State and who has been | 4 | | involved in a personal injury or fatal boating accident, shall | 5 | | be deemed to have given consent to a breath test using a | 6 | | portable device as approved by the Department of State Police | 7 | | or to a chemical test or tests of blood, breath, or urine for | 8 | | the purpose of determining the content of alcohol, other drug | 9 | | or drugs, or intoxicating compound or compounds of the person's | 10 | | blood if arrested as evidenced by the issuance of a uniform | 11 | | citation for a violation of the Boat Registration and Safety | 12 | | Act or a similar provision of a local ordinance, with the | 13 | | exception of equipment violations contained in Article IV of | 14 | | this Act, or similar provisions of local ordinances. The test | 15 | | or tests shall be administered at the direction of the | 16 | | arresting officer. The law enforcement agency employing the | 17 | | officer shall designate which of the aforesaid tests shall be | 18 | | administered. A urine test may be administered even after a | 19 | | blood or breath test or both has been administered. Compliance | 20 | | with this Section does not relieve the person from the | 21 | | requirements of any other Section of this Act. | 22 | | (b) Any person who is dead, unconscious, or who is | 23 | | otherwise in a
condition rendering that person incapable of | 24 | | refusal shall be deemed not to
have withdrawn the consent | 25 | | provided by subsection (a) of this Section. In
addition, if an | 26 | | operator of a watercraft is receiving medical treatment as a
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| 1 | | result of a boating accident, any physician licensed to | 2 | | practice
medicine, licensed physician assistant, licensed | 3 | | advanced practice nurse, registered nurse, or a phlebotomist | 4 | | acting under the direction of
a licensed physician shall | 5 | | withdraw blood for testing purposes to ascertain
the presence | 6 | | of alcohol, other drug or drugs, or intoxicating
compound or | 7 | | compounds, upon the specific request of a law
enforcement | 8 | | officer. However, this testing shall not be performed until, in
| 9 | | the opinion of the medical personnel on scene, the withdrawal | 10 | | can be made
without interfering with or endangering the | 11 | | well-being of the patient. | 12 | | (c) A person requested to submit to a test under subsection | 13 | | (a) of this Section shall be
warned by the law enforcement | 14 | | officer requesting the test that a refusal to
submit to the | 15 | | test, or submission to the test resulting in an alcohol
| 16 | | concentration of 0.08 or more, or any amount of a drug, | 17 | | substance,
or intoxicating compound
resulting from the | 18 | | unlawful use or consumption of cannabis, as covered by the
| 19 | | Cannabis Control Act, a controlled substance listed in the | 20 | | Illinois
Controlled Substances Act, an intoxicating compound | 21 | | listed in the Use of
Intoxicating Compounds Act, or | 22 | | methamphetamine as listed in the Methamphetamine Control and | 23 | | Community Protection Act as detected in the person's blood or | 24 | | urine, may
result in the suspension of the person's privilege | 25 | | to operate a motor vehicle and may result in the | 26 | | disqualification of the person's privilege to operate a |
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| 1 | | commercial motor vehicle, as provided in Section 6-514 of the | 2 | | Illinois Vehicle Code, if the person is a CDL holder.
The | 3 | | length of the suspension shall be the same as outlined in | 4 | | Section
6-208.1 of the Illinois Vehicle Code regarding | 5 | | statutory summary suspensions. | 6 | | (d) If the person refuses testing or submits to a test | 7 | | which discloses
an alcohol concentration of 0.08 or more, or | 8 | | any amount of a drug,
substance,
or intoxicating compound in | 9 | | the person's blood or urine resulting from the
unlawful use or
| 10 | | consumption of cannabis listed in the Cannabis Control Act, a | 11 | | controlled
substance listed in the Illinois Controlled | 12 | | Substances Act, an
intoxicating
compound listed in the Use of | 13 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 14 | | Methamphetamine Control and Community Protection Act, the law
| 15 | | enforcement officer shall immediately submit a sworn report to | 16 | | the Secretary of
State on a form prescribed by the Secretary of | 17 | | State, certifying that the test or tests
were requested under | 18 | | subsection (a) of this Section and the person refused to submit | 19 | | to a
test or tests or submitted to testing which disclosed an | 20 | | alcohol concentration
of 0.08 or more, or any amount of a drug, | 21 | | substance, or intoxicating
compound
in the
person's blood or | 22 | | urine, resulting from the unlawful use or consumption of
| 23 | | cannabis listed in the Cannabis Control Act, a controlled | 24 | | substance
listed in
the Illinois Controlled Substances Act,
an | 25 | | intoxicating compound listed in
the Use of Intoxicating | 26 | | Compounds Act, or methamphetamine as listed in the |
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| 1 | | Methamphetamine Control and Community Protection Act. | 2 | | Upon receipt of the sworn report of a law enforcement | 3 | | officer, the
Secretary of State shall enter the suspension and | 4 | | disqualification to the person's driving record and the
| 5 | | suspension and disqualification shall be effective on the 46th | 6 | | day following the date notice of the
suspension was given to | 7 | | the person. | 8 | | The law enforcement officer submitting the sworn report | 9 | | shall serve immediate
notice of this suspension on the person | 10 | | and this suspension and disqualification shall be effective
on | 11 | | the 46th day following the date notice was given. | 12 | | In cases where the blood alcohol concentration of 0.08 or | 13 | | more,
or any amount
of a drug, substance, or intoxicating | 14 | | compound resulting from the unlawful
use or
consumption of | 15 | | cannabis as listed in the Cannabis Control Act, a
controlled
| 16 | | substance listed in the Illinois Controlled Substances Act,
an
| 17 | | intoxicating
compound listed in the Use of Intoxicating | 18 | | Compounds Act, or methamphetamine as listed in the | 19 | | Methamphetamine Control and Community Protection Act, is | 20 | | established by a
subsequent analysis of blood or urine | 21 | | collected at the time of arrest, the
arresting officer shall | 22 | | give notice as provided in this Section or by deposit
in the | 23 | | United States mail of this notice in an envelope with postage | 24 | | prepaid
and addressed to the person at his or her address as | 25 | | shown on the uniform citation and the suspension and | 26 | | disqualification shall be effective on the 46th day following |
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| 1 | | the date
notice was given. | 2 | | Upon receipt of the sworn report of a law enforcement | 3 | | officer, the Secretary of State
shall also give notice of the | 4 | | suspension and disqualification to the person by mailing a | 5 | | notice of
the effective date of the suspension and | 6 | | disqualification to the person. However, should the
sworn | 7 | | report be defective by not containing sufficient information or | 8 | | be
completed in error, the notice of the suspension and | 9 | | disqualification shall not be mailed to the
person or entered | 10 | | to the driving record, but rather the sworn report shall be
| 11 | | returned to the issuing law enforcement agency. | 12 | | (e) A person may contest this suspension of his or her
| 13 | | driving privileges and disqualification of his or her CDL | 14 | | privileges by
requesting an administrative hearing with the | 15 | | Secretary of State in accordance with
Section 2-118 of the | 16 | | Illinois Vehicle Code. At the conclusion of a hearing held | 17 | | under
Section 2-118 of the Illinois Vehicle Code, the Secretary | 18 | | of State may rescind, continue, or modify the
orders
of | 19 | | suspension and disqualification. If the Secretary of State does | 20 | | not rescind the orders of suspension and disqualification, a | 21 | | restricted
driving permit may be granted by the Secretary of | 22 | | State upon application being made and
good cause shown. A | 23 | | restricted driving permit may be granted to relieve undue
| 24 | | hardship to allow driving for employment, educational, and | 25 | | medical purposes as
outlined in Section 6-206 of the Illinois | 26 | | Vehicle Code. The provisions of Section 6-206 of
the Illinois |
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| 1 | | Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the | 2 | | Secretary of State may not issue a restricted driving permit | 3 | | for the operation of a commercial motor vehicle to a person | 4 | | holding a CDL whose driving privileges have been suspended, | 5 | | revoked, cancelled, or disqualified. | 6 | | (f) For the purposes of this Section, a personal injury | 7 | | shall include
any type A injury as indicated on the accident | 8 | | report completed
by a law enforcement officer that requires | 9 | | immediate professional attention
in a doctor's office or a | 10 | | medical facility. A type A injury shall
include severely | 11 | | bleeding wounds, distorted extremities, and injuries that
| 12 | | require the injured party to be carried from the scene. ".
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