Full Text of SB2980 99th General Assembly
SB2980sam002 99TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 4/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 2980
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2980, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Sections 11-501, 11-501.1 and 11-501.6 as follows: | 7 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 8 | | Sec. 11-501. Driving while under the influence of alcohol, | 9 | | other drug or drugs, intoxicating compound or compounds or any | 10 | | combination thereof.
| 11 | | (a) A person shall not drive or be in actual physical | 12 | | control of any vehicle within this State while: | 13 | | (1) the alcohol concentration in the person's blood or | 14 | | breath is 0.08 or more based on the definition of blood and | 15 | | breath units in Section 11-501.2; | 16 | | (2) under the influence of alcohol; |
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| 1 | | (3) under the influence of any intoxicating compound or | 2 | | combination of intoxicating compounds to a degree that | 3 | | renders the person incapable of driving safely; | 4 | | (4) under the influence of any other drug or | 5 | | combination of drugs to a degree that renders the person | 6 | | incapable of safely driving; | 7 | | (5) under the combined influence of alcohol, other drug | 8 | | or drugs, or intoxicating compound or compounds to a degree | 9 | | that renders the person incapable of safely driving; or | 10 | | (6) there is any amount of a drug, substance, or | 11 | | compound in the person's breath, blood, or urine resulting | 12 | | from the unlawful use or consumption of cannabis listed in | 13 | | the Cannabis Control Act, a controlled substance listed in | 14 | | the Illinois Controlled Substances Act, an intoxicating | 15 | | compound listed in the Use of Intoxicating Compounds Act, | 16 | | or methamphetamine as listed in the Methamphetamine | 17 | | Control and Community Protection Act.
Subject to all other | 18 | | requirements and provisions under this Section, this | 19 | | paragraph (6) does not apply to the lawful consumption of | 20 | | cannabis by a qualifying patient licensed under the | 21 | | Compassionate Use of Medical Cannabis Pilot Program Act who | 22 | | is in possession of a valid registry card issued under that | 23 | | Act, unless that person is impaired by the use of cannabis ; | 24 | | or . | 25 | | (7) there is more than twice the prescribed amount of | 26 | | drug, substance, or compound in the person's breath, blood, |
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| 1 | | or urine resulting from the use or consumption of a | 2 | | controlled substance listed in the Illinois Controlled | 3 | | Substances Act of the person's prescription for the | 4 | | controlled substance. This paragraph (7) does not apply to | 5 | | the lawful consumption of cannabis by a qualifying patient | 6 | | licensed under the Compassionate Use of Medical Cannabis | 7 | | Pilot Program Act who is in possession of a valid registry | 8 | | card under that Act, unless that person is impaired by the | 9 | | use of cannabis. | 10 | | (b) The fact that any person charged with violating this | 11 | | Section is or has been legally entitled to use alcohol, | 12 | | cannabis under the Compassionate Use of Medical Cannabis Pilot | 13 | | Program Act, other drug or drugs, or intoxicating compound or | 14 | | compounds, or any combination thereof, shall not constitute a | 15 | | defense against any charge of violating this Section. | 16 | | (c) Penalties. | 17 | | (1) Except as otherwise provided in this Section, any | 18 | | person convicted of violating subsection (a) of this | 19 | | Section is guilty of a Class A misdemeanor. | 20 | | (2) A person who violates subsection (a) or a similar | 21 | | provision a second time shall be sentenced to a mandatory | 22 | | minimum term of either 5 days of imprisonment or 240 hours | 23 | | of community service in addition to any other criminal or | 24 | | administrative sanction. | 25 | | (3) A person who violates subsection (a) is subject to | 26 | | 6 months of imprisonment, an additional mandatory minimum |
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| 1 | | fine of $1,000, and 25 days of community service in a | 2 | | program benefiting children if the person was transporting | 3 | | a person under the age of 16 at the time of the violation. | 4 | | (4) A person who violates subsection (a) a first time, | 5 | | if the alcohol concentration in his or her blood, breath, | 6 | | or urine was 0.16 or more based on the definition of blood, | 7 | | breath, or urine units in Section 11-501.2, shall be | 8 | | subject, in addition to any other penalty that may be | 9 | | imposed, to a mandatory minimum of 100 hours of community | 10 | | service and a mandatory minimum fine of $500. | 11 | | (5) A person who violates subsection (a) a second time, | 12 | | if at the time of the second violation the alcohol | 13 | | concentration in his or her blood, breath, or urine was | 14 | | 0.16 or more based on the definition of blood, breath, or | 15 | | urine units in Section 11-501.2, shall be subject, in | 16 | | addition to any other penalty that may be imposed, to a | 17 | | mandatory minimum of 2 days of imprisonment and a mandatory | 18 | | minimum fine of $1,250. | 19 | | (d) Aggravated driving under the influence of alcohol, | 20 | | other drug or drugs, or intoxicating compound or compounds, or | 21 | | any combination thereof.
| 22 | | (1) Every person convicted of committing a violation of | 23 | | this Section shall be guilty of aggravated driving under | 24 | | the influence of alcohol, other drug or drugs, or | 25 | | intoxicating compound or compounds, or any combination | 26 | | thereof if: |
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| 1 | | (A) the person committed a violation of subsection | 2 | | (a) or a similar provision for the third or subsequent | 3 | | time; | 4 | | (B) the person committed a violation of subsection | 5 | | (a) while driving a school bus with one or more | 6 | | passengers on board; | 7 | | (C) the person in committing a violation of | 8 | | subsection (a) was involved in a motor vehicle accident | 9 | | that resulted in great bodily harm or permanent | 10 | | disability or disfigurement to another, when the | 11 | | violation was a proximate cause of the injuries; | 12 | | (D) the person committed a violation of subsection | 13 | | (a) and has been previously convicted of violating | 14 | | Section 9-3 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012 or a similar provision of a law | 16 | | of another state relating to reckless homicide in which | 17 | | the person was determined to have been under the | 18 | | influence of alcohol, other drug or drugs, or | 19 | | intoxicating compound or compounds as an element of the | 20 | | offense or the person has previously been convicted | 21 | | under subparagraph (C) or subparagraph (F) of this | 22 | | paragraph (1); | 23 | | (E) the person, in committing a violation of | 24 | | subsection (a) while driving at any speed in a school | 25 | | speed zone at a time when a speed limit of 20 miles per | 26 | | hour was in effect under subsection (a) of Section |
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| 1 | | 11-605 of this Code, was involved in a motor vehicle | 2 | | accident that resulted in bodily harm, other than great | 3 | | bodily harm or permanent disability or disfigurement, | 4 | | to another person, when the violation of subsection (a) | 5 | | was a proximate cause of the bodily harm; | 6 | | (F) the person, in committing a violation of | 7 | | subsection (a), was involved in a motor vehicle, | 8 | | snowmobile, all-terrain vehicle, or watercraft | 9 | | accident that resulted in the death of another person, | 10 | | when the violation of subsection (a) was a proximate | 11 | | cause of the death; | 12 | | (G) the person committed a violation of subsection | 13 | | (a) during a period in which the defendant's driving | 14 | | privileges are revoked or suspended, where the | 15 | | revocation or suspension was for a violation of | 16 | | subsection (a) or a similar provision, Section | 17 | | 11-501.1, paragraph (b) of Section 11-401, or for | 18 | | reckless homicide as defined in Section 9-3 of the | 19 | | Criminal Code of 1961 or the Criminal Code of 2012; | 20 | | (H) the person committed the violation while he or | 21 | | she did not possess a driver's license or permit or a | 22 | | restricted driving permit or a judicial driving permit | 23 | | or a monitoring device driving permit; | 24 | | (I) the person committed the violation while he or | 25 | | she knew or should have known that the vehicle he or | 26 | | she was driving was not covered by a liability |
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| 1 | | insurance policy; | 2 | | (J) the person in committing a violation of | 3 | | subsection (a) was involved in a motor vehicle accident | 4 | | that resulted in bodily harm, but not great bodily | 5 | | harm, to the child under the age of 16 being | 6 | | transported by the person, if the violation was the | 7 | | proximate cause of the injury; | 8 | | (K) the person in committing a second violation of | 9 | | subsection (a) or a similar provision was transporting | 10 | | a person under the age of 16; or | 11 | | (L) the person committed a violation of subsection | 12 | | (a) of this Section while transporting one or more | 13 | | passengers in a vehicle for-hire. | 14 | | (2)(A) Except as provided otherwise, a person | 15 | | convicted of aggravated driving under the influence of | 16 | | alcohol, other drug or drugs, or intoxicating compound or | 17 | | compounds, or any combination thereof is guilty of a Class | 18 | | 4 felony. | 19 | | (B) A third violation of this Section or a similar | 20 | | provision is a Class 2 felony. If at the time of the third | 21 | | violation the alcohol concentration in his or her blood, | 22 | | breath, or urine was 0.16 or more based on the definition | 23 | | of blood, breath, or urine units in Section 11-501.2, a | 24 | | mandatory minimum of 90 days of imprisonment and a | 25 | | mandatory minimum fine of $2,500 shall be imposed in | 26 | | addition to any other criminal or administrative sanction. |
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| 1 | | If at the time of the third violation, the defendant was | 2 | | transporting a person under the age of 16, a mandatory fine | 3 | | of $25,000 and 25 days of community service in a program | 4 | | benefiting children shall be imposed in addition to any | 5 | | other criminal or administrative sanction. | 6 | | (C) A fourth violation of this Section or a similar | 7 | | provision is a Class 2 felony, for which a sentence of | 8 | | probation or conditional discharge may not be imposed. If | 9 | | at the time of the violation, the alcohol concentration in | 10 | | the defendant's blood, breath, or urine was 0.16 or more | 11 | | based on the definition of blood, breath, or urine units in | 12 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 13 | | be imposed in addition to any other criminal or | 14 | | administrative sanction. If at the time of the fourth | 15 | | violation, the defendant was transporting a person under | 16 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 17 | | community service in a program benefiting children shall be | 18 | | imposed in addition to any other criminal or administrative | 19 | | sanction. | 20 | | (D) A fifth violation of this Section or a similar | 21 | | provision is a Class 1 felony, for which a sentence of | 22 | | probation or conditional discharge may not be imposed. If | 23 | | at the time of the violation, the alcohol concentration in | 24 | | the defendant's blood, breath, or urine was 0.16 or more | 25 | | based on the definition of blood, breath, or urine units in | 26 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall |
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| 1 | | be imposed in addition to any other criminal or | 2 | | administrative sanction. If at the time of the fifth | 3 | | violation, the defendant was transporting a person under | 4 | | the age of 16, a mandatory fine of $25,000, and 25 days of | 5 | | community service in a program benefiting children shall be | 6 | | imposed in addition to any other criminal or administrative | 7 | | sanction. | 8 | | (E) A sixth or subsequent violation of this Section or | 9 | | similar provision is a Class X felony. If at the time of | 10 | | the violation, the alcohol concentration in the | 11 | | defendant's blood, breath, or urine was 0.16 or more based | 12 | | on the definition of blood, breath, or urine units in | 13 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 14 | | be imposed in addition to any other criminal or | 15 | | administrative sanction. If at the time of the violation, | 16 | | the defendant was transporting a person under the age of | 17 | | 16, a mandatory fine of $25,000 and 25 days of community | 18 | | service in a program benefiting children shall be imposed | 19 | | in addition to any other criminal or administrative | 20 | | sanction. | 21 | | (F) For a violation of subparagraph (C) of paragraph | 22 | | (1) of this subsection (d), the defendant, if sentenced to | 23 | | a term of imprisonment, shall be sentenced to not less than | 24 | | one year nor more than 12 years. | 25 | | (G) A violation of subparagraph (F) of paragraph (1) of | 26 | | this subsection (d) is a Class 2 felony, for which the |
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| 1 | | defendant, unless the court determines that extraordinary | 2 | | circumstances exist and require probation, shall be | 3 | | sentenced to: (i) a term of imprisonment of not less than 3 | 4 | | years and not more than 14 years if the violation resulted | 5 | | in the death of one person; or (ii) a term of imprisonment | 6 | | of not less than 6 years and not more than 28 years if the | 7 | | violation resulted in the deaths of 2 or more persons. | 8 | | (H) For a violation of subparagraph (J) of paragraph | 9 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 10 | | 25 days of community service in a program benefiting | 11 | | children shall be imposed in addition to any other criminal | 12 | | or administrative sanction. | 13 | | (I) A violation of subparagraph (K) of paragraph (1) of | 14 | | this subsection (d), is a Class 2 felony and a mandatory | 15 | | fine of $2,500, and 25 days of community service in a | 16 | | program benefiting children shall be imposed in addition to | 17 | | any other criminal or administrative sanction. If the child | 18 | | being transported suffered bodily harm, but not great | 19 | | bodily harm, in a motor vehicle accident, and the violation | 20 | | was the proximate cause of that injury, a mandatory fine of | 21 | | $5,000 and 25 days of community service in a program | 22 | | benefiting children shall be imposed in addition to any | 23 | | other criminal or administrative sanction. | 24 | | (J) A violation of subparagraph (D) of paragraph (1) of | 25 | | this subsection (d) is a Class 3 felony, for which a | 26 | | sentence of probation or conditional discharge may not be |
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| 1 | | imposed. | 2 | | (3) Any person sentenced under this subsection (d) who | 3 | | receives a term of probation or conditional discharge must | 4 | | serve a minimum term of either 480 hours of community | 5 | | service or 10 days of imprisonment as a condition of the | 6 | | probation or conditional discharge in addition to any other | 7 | | criminal or administrative sanction. | 8 | | (e) Any reference to a prior violation of subsection (a) or | 9 | | a similar provision includes any violation of a provision of a | 10 | | local ordinance or a provision of a law of another state or an | 11 | | offense committed on a military installation that is similar to | 12 | | a violation of subsection (a) of this Section. | 13 | | (f) The imposition of a mandatory term of imprisonment or | 14 | | assignment of community service for a violation of this Section | 15 | | shall not be suspended or reduced by the court. | 16 | | (g) Any penalty imposed for driving with a license that has | 17 | | been revoked for a previous violation of subsection (a) of this | 18 | | Section shall be in addition to the penalty imposed for any | 19 | | subsequent violation of subsection (a). | 20 | | (h) For any prosecution under this Section, a certified | 21 | | copy of the driving abstract of the defendant shall be admitted | 22 | | as proof of any prior conviction.
| 23 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; | 24 | | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14.)
| 25 | | (625 ILCS 5/11-501.1)
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| 1 | | Sec. 11-501.1. Suspension of drivers license; statutory | 2 | | summary
alcohol, other drug or drugs, or intoxicating compound | 3 | | or
compounds related suspension or revocation; implied | 4 | | consent. | 5 | | (a) Any person who drives or is in actual physical control | 6 | | of a motor
vehicle upon the public highways of this State shall | 7 | | be deemed to have given
consent, subject to the provisions of | 8 | | Section 11-501.2, to a chemical test or
tests of blood, breath, | 9 | | or urine for the purpose of determining the content of
alcohol, | 10 | | other drug or drugs, or intoxicating compound or compounds or
| 11 | | any combination thereof in the person's blood if arrested,
as | 12 | | evidenced by the issuance of a Uniform Traffic Ticket, for any | 13 | | offense
as defined in Section 11-501 or a similar provision of | 14 | | a local ordinance, or if arrested for violating Section 11-401.
| 15 | | If a law enforcement officer has probable cause to believe the | 16 | | person was under the influence of alcohol, other drug or drugs, | 17 | | intoxicating compound or compounds, or any combination | 18 | | thereof, the law enforcement officer shall request a chemical | 19 | | test or tests which shall be administered at the direction of | 20 | | the arresting
officer. The law enforcement agency employing the | 21 | | officer shall designate which
of the aforesaid tests shall be | 22 | | administered. A urine test may be administered
even after a | 23 | | blood or breath test or both has
been administered. For | 24 | | purposes of this Section, an Illinois law
enforcement officer | 25 | | of this State who is investigating the person for any
offense | 26 | | defined in Section 11-501 may travel into an adjoining state, |
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| 1 | | where
the person has been transported for medical care, to | 2 | | complete an
investigation and to request that the person submit | 3 | | to the test or tests
set forth in this Section. The | 4 | | requirements of this Section that the
person be arrested are | 5 | | inapplicable, but the officer shall issue the person
a Uniform | 6 | | Traffic Ticket for an offense as defined in Section 11-501 or a
| 7 | | similar provision of a local ordinance prior to requesting that | 8 | | the person
submit to the test or tests. The issuance of the | 9 | | Uniform Traffic Ticket
shall not constitute an arrest, but | 10 | | shall be for the purpose of notifying
the person that he or she | 11 | | is subject to the provisions of this Section and
of the | 12 | | officer's belief of the existence of probable cause to
arrest. | 13 | | Upon returning to this State, the officer shall file the | 14 | | Uniform
Traffic Ticket with the Circuit Clerk of the county | 15 | | where the offense was
committed, and shall seek the issuance of | 16 | | an arrest warrant or a summons
for the person. | 17 | | (a-5) (Blank). | 18 | | (b) Any person who is dead, unconscious, or who is | 19 | | otherwise in a condition
rendering the person incapable of | 20 | | refusal, shall be deemed not to have
withdrawn the consent | 21 | | provided by paragraph (a) of this Section and the test or
tests | 22 | | may be administered, subject to the provisions of Section | 23 | | 11-501.2. | 24 | | (c) A person requested to submit to a test as provided | 25 | | above shall
be warned by the law enforcement officer requesting | 26 | | the test that a
refusal to submit to the test will result in |
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| 1 | | the statutory summary
suspension of the person's privilege to | 2 | | operate a motor vehicle, as provided
in Section 6-208.1 of this | 3 | | Code, and will also result in the disqualification of the | 4 | | person's privilege to operate a commercial motor vehicle, as | 5 | | provided in Section 6-514 of this Code, if the person is a CDL | 6 | | holder. The person shall also be warned that a refusal to | 7 | | submit to the test, when the person was involved in a motor | 8 | | vehicle accident that caused personal injury or death to | 9 | | another, will result in the statutory summary revocation of the | 10 | | person's privilege to operate a motor vehicle, as provided in | 11 | | Section 6-208.1, and will also result in the disqualification | 12 | | of the person's privilege to operate a commercial motor | 13 | | vehicle, as provided in Section 6-514 of this Code, if the | 14 | | person is a CDL holder. The person shall also be warned by the | 15 | | law
enforcement officer that if the person submits to the test | 16 | | or tests
provided in paragraph (a) of this Section and the | 17 | | alcohol concentration in
the person's blood or breath is 0.08 | 18 | | or greater, or more than twice the prescribed amount of a | 19 | | prescription for a controlled substance under paragraph (7) of | 20 | | subsection (a) of Section 11-501 of this Code is detected in | 21 | | the person's blood or urine, or any amount of
a
drug, | 22 | | substance, or compound resulting from the unlawful use or | 23 | | consumption
of cannabis as covered by the Cannabis Control Act, | 24 | | a controlled
substance
listed in the Illinois Controlled | 25 | | Substances Act, an intoxicating compound
listed in the Use of | 26 | | Intoxicating Compounds Act, or methamphetamine as listed in the |
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| 1 | | Methamphetamine Control and Community Protection Act is | 2 | | detected in the person's
blood or urine, a statutory summary | 3 | | suspension of the person's privilege to
operate a motor | 4 | | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| 5 | | Code, and a disqualification of
the person's privilege to | 6 | | operate a commercial motor vehicle, as provided in Section | 7 | | 6-514 of this Code, if the person is a CDL holder, will be | 8 | | imposed. | 9 | | A person who is under the age of 21 at the time the person | 10 | | is requested to
submit to a test as provided above shall, in | 11 | | addition to the warnings provided
for in this Section, be | 12 | | further warned by the law enforcement officer
requesting the | 13 | | test that if the person submits to the test or tests provided | 14 | | in
paragraph (a) of this Section and the alcohol concentration | 15 | | in the person's
blood or breath is greater than 0.00 and less | 16 | | than 0.08, a
suspension of the
person's privilege to operate a | 17 | | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | 18 | | of this Code, will be imposed. The results of this test
shall | 19 | | be admissible in a civil or criminal action or proceeding | 20 | | arising from an
arrest for an offense as defined in Section | 21 | | 11-501 of this Code or a similar
provision of a local ordinance | 22 | | or pursuant to Section 11-501.4 in prosecutions
for reckless | 23 | | homicide brought under the Criminal Code of 1961 or the | 24 | | Criminal Code of 2012. These test
results, however, shall be | 25 | | admissible only in actions or proceedings directly
related to | 26 | | the incident upon which the test request was made. |
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| 1 | | A person requested to submit to a test shall also | 2 | | acknowledge, in writing, receipt of the warning required under | 3 | | this Section. If the person refuses to acknowledge receipt of | 4 | | the warning, the law enforcement officer shall make a written | 5 | | notation on the warning that the person refused to sign the | 6 | | warning. A person's refusal to sign the warning shall not be | 7 | | evidence that the person was not read the warning. | 8 | | (d) If the person refuses testing or submits to a test that | 9 | | discloses
an alcohol concentration of 0.08 or more, or more | 10 | | than twice the prescribed amount of a prescription for a | 11 | | controlled substance under paragraph (7) of subsection (a) of | 12 | | Section 11-501 of this Code, or any amount of a drug,
| 13 | | substance, or intoxicating compound in the person's breath, | 14 | | blood,
or urine resulting from the
unlawful use or consumption | 15 | | of cannabis 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, the law | 20 | | enforcement officer shall immediately submit a sworn report to
| 21 | | the
circuit court of venue and the Secretary of State, | 22 | | certifying that the test or
tests was or were requested under | 23 | | paragraph (a) and the person refused to
submit to a test, or | 24 | | tests, or submitted to testing that disclosed an alcohol , drug, | 25 | | substance, or compound
concentration at or greater than the | 26 | | amount in this subsection (d) of 0.08 or more . |
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| 1 | | (e) Upon receipt of the sworn report of a law enforcement | 2 | | officer
submitted under paragraph (d), the Secretary of State | 3 | | shall enter the
statutory summary suspension or revocation and | 4 | | disqualification for the periods specified in Sections
6-208.1 | 5 | | and 6-514, respectively,
and effective as provided in paragraph | 6 | | (g). | 7 | | If the person is a first offender as defined in Section | 8 | | 11-500 of this
Code, and is not convicted of a violation of | 9 | | Section 11-501
of this Code or a similar provision of a local | 10 | | ordinance, then reports
received by the Secretary of State | 11 | | under this Section shall, except during
the actual time the | 12 | | Statutory Summary Suspension is in effect, be
privileged | 13 | | information and for use only by the courts, police officers,
| 14 | | prosecuting authorities or the Secretary of State, unless the | 15 | | person is a CDL holder, is operating a commercial motor vehicle | 16 | | or vehicle required to be placarded for hazardous materials, in | 17 | | which case the suspension shall not be privileged. Reports | 18 | | received by the Secretary of State under this Section shall | 19 | | also be made available to the parent or guardian of a person | 20 | | under the age of 18 years that holds an instruction permit or a | 21 | | graduated driver's license, regardless of whether the | 22 | | statutory summary suspension is in effect. A statutory summary | 23 | | revocation shall not be privileged information. | 24 | | (f) The law enforcement officer submitting the sworn report | 25 | | under paragraph
(d) shall serve immediate notice of the | 26 | | statutory summary suspension or revocation on the
person and |
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| 1 | | the suspension or revocation and disqualification shall be | 2 | | effective as provided in paragraph (g). | 3 | | (1) In
cases where the blood alcohol concentration of | 4 | | 0.08 or greater , or more than twice the prescribed amount | 5 | | of a prescription for a controlled substance under | 6 | | paragraph (7) of subsection (a) of Section 11-501 of this | 7 | | Code, or
any amount of
a drug, substance, or compound | 8 | | resulting from the unlawful use or consumption
of cannabis | 9 | | as covered by the Cannabis Control Act, a controlled
| 10 | | substance
listed in the Illinois Controlled Substances | 11 | | Act,
an intoxicating compound
listed in the Use of | 12 | | Intoxicating Compounds Act, or methamphetamine as listed | 13 | | in the Methamphetamine Control and Community Protection | 14 | | Act is established by a
subsequent
analysis of blood or | 15 | | urine collected at the time of arrest, the arresting
| 16 | | officer or arresting agency shall give notice as provided | 17 | | in this Section or by
deposit in the United States mail of | 18 | | the notice in an envelope with postage
prepaid and | 19 | | addressed to the person at his address as shown on the | 20 | | Uniform
Traffic Ticket and the statutory summary | 21 | | suspension and disqualification shall begin as provided in
| 22 | | paragraph (g). The officer shall confiscate any Illinois | 23 | | driver's license or
permit on the person at the time of | 24 | | arrest. If the person has a valid driver's
license or | 25 | | permit, the officer shall issue the person a receipt, in
a | 26 | | form prescribed by the Secretary of State, that will allow |
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| 1 | | that person
to drive during the periods provided for in | 2 | | paragraph (g). The officer
shall immediately forward the | 3 | | driver's license or permit to the circuit
court of venue | 4 | | along with the sworn report provided for in
paragraph (d). | 5 | | (2) (Blank). | 6 | | (g) The statutory summary suspension or revocation and | 7 | | disqualification
referred to in this Section shall
take effect | 8 | | on the 46th day following the date the notice of the statutory
| 9 | | summary suspension or revocation was given to the person. | 10 | | (h) The following procedure shall apply
whenever a person | 11 | | is arrested for any offense as defined in Section 11-501
or a | 12 | | similar provision of a local ordinance: | 13 | | Upon receipt of the sworn report from the law enforcement | 14 | | officer,
the Secretary of State shall confirm the statutory | 15 | | summary suspension or revocation by
mailing a notice of the | 16 | | effective date of the suspension or revocation to the person | 17 | | and
the court of venue. The Secretary of State shall also mail | 18 | | notice of the effective date of the disqualification to the | 19 | | person. However, should the sworn report be defective by not
| 20 | | containing sufficient information or be completed in error, the
| 21 | | confirmation of the statutory summary suspension or revocation | 22 | | shall not be mailed to the
person or entered to the record; | 23 | | instead, the sworn report shall
be
forwarded to the court of | 24 | | venue with a copy returned to the issuing agency
identifying | 25 | | any defect. | 26 | | (i) As used in this Section, "personal injury" includes any |
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| 1 | | Type A injury as indicated on the traffic accident report | 2 | | completed by a law enforcement officer that requires immediate | 3 | | professional attention in either a doctor's office or a medical | 4 | | facility. A Type A injury includes severely bleeding wounds, | 5 | | distorted extremities, and injuries that require the injured | 6 | | party to be carried from the scene. | 7 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | 8 | | 99-467, eff. 1-1-16 .) | 9 | | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) | 10 | | Sec. 11-501.6. Driver involvement in personal injury or | 11 | | fatal motor
vehicle accident; chemical test. | 12 | | (a) Any person who drives or is in actual control of a | 13 | | motor vehicle
upon the public highways of this State and who | 14 | | has been involved in a
personal injury or fatal motor vehicle | 15 | | accident, shall be deemed to have
given consent to a breath | 16 | | test using a portable device as approved by the
Department of | 17 | | State Police or to a chemical test or tests
of blood, breath, | 18 | | or
urine for the purpose of determining the content of alcohol,
| 19 | | other
drug or drugs, or intoxicating compound or compounds of | 20 | | such
person's blood if arrested as evidenced by the issuance of | 21 | | a Uniform Traffic
Ticket for any violation of the Illinois | 22 | | Vehicle Code or a similar provision of
a local ordinance, with | 23 | | the exception of equipment violations contained in
Chapter 12 | 24 | | of this Code, or similar provisions of local ordinances. The | 25 | | test
or tests shall be administered at the direction of the |
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| 1 | | arresting officer. The
law enforcement agency employing the | 2 | | officer shall designate which of the
aforesaid tests shall be | 3 | | administered. A urine test may be administered even
after a | 4 | | blood or breath test or both has been administered. Compliance | 5 | | with
this Section does not relieve such person from the | 6 | | requirements of Section
11-501.1 of this Code. | 7 | | (b) Any person who is dead, unconscious or who is otherwise | 8 | | in a
condition rendering such person incapable of refusal shall | 9 | | be deemed not to
have withdrawn the consent provided by | 10 | | subsection (a) of this Section. In
addition, if a driver of a | 11 | | vehicle is receiving medical treatment as a
result of a motor | 12 | | vehicle accident, any physician licensed to practice
medicine, | 13 | | licensed physician assistant, licensed advanced practice | 14 | | nurse, registered nurse or a phlebotomist acting under the | 15 | | direction of
a licensed physician shall withdraw blood for | 16 | | testing purposes to ascertain
the presence of alcohol, other | 17 | | drug or drugs, or intoxicating
compound or compounds, upon the | 18 | | specific request of a law
enforcement officer. However, no such | 19 | | testing shall be performed until, in
the opinion of the medical | 20 | | personnel on scene, the withdrawal can be made
without | 21 | | interfering with or endangering the well-being of the patient. | 22 | | (c) A person requested to submit to a test as provided | 23 | | above shall be
warned by the law enforcement officer requesting | 24 | | the test that a refusal to
submit to the test, or submission to | 25 | | the test resulting in an alcohol
concentration of 0.08 or more, | 26 | | or more than twice the prescribed amount of a prescription for |
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| 1 | | a controlled substance under paragraph (7) of subsection (a) of | 2 | | Section 11-501 of this Code as detected in the person's blood | 3 | | or urine, or any amount of a drug, substance,
or intoxicating | 4 | | compound
resulting from the unlawful use or consumption of | 5 | | cannabis, as covered by the
Cannabis Control Act, a controlled | 6 | | substance listed in the Illinois
Controlled Substances Act, an | 7 | | intoxicating compound listed in the Use of
Intoxicating | 8 | | Compounds Act, or methamphetamine as listed in the | 9 | | Methamphetamine Control and Community Protection Act as | 10 | | detected in such person's blood or urine, may
result in the | 11 | | suspension of such person's privilege to operate a motor | 12 | | vehicle and may result in the disqualification of the person's | 13 | | privilege to operate a commercial motor vehicle, as provided in | 14 | | Section 6-514 of this Code, if the person is a CDL holder.
The | 15 | | length of the suspension shall be the same as outlined in | 16 | | Section
6-208.1 of this Code regarding statutory summary | 17 | | suspensions. | 18 | | A person requested to submit to a test shall also | 19 | | acknowledge, in writing, receipt of the warning required under | 20 | | this Section. If the person refuses to acknowledge receipt of | 21 | | the warning, the law enforcement officer shall make a written | 22 | | notation on the warning that the person refused to sign the | 23 | | warning. A person's refusal to sign the warning shall not be | 24 | | evidence that the person was not read the warning. | 25 | | (d) If the person refuses testing or submits to a test | 26 | | which discloses
an alcohol concentration of 0.08 or more, or |
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| 1 | | more than twice the prescribed amount of a prescription for a | 2 | | controlled substance under paragraph (7) of subsection (a) of | 3 | | Section 11-501 of this Code, or any amount of a drug,
| 4 | | substance,
or intoxicating compound in such person's blood or | 5 | | urine resulting from the
unlawful use or
consumption of | 6 | | cannabis listed in the Cannabis Control Act, a controlled
| 7 | | substance listed in the Illinois Controlled Substances Act, an
| 8 | | intoxicating
compound listed in the Use of Intoxicating | 9 | | Compounds Act, or methamphetamine as listed in the | 10 | | Methamphetamine Control and Community Protection Act, the law
| 11 | | enforcement officer shall immediately submit a sworn report to | 12 | | the Secretary of
State on a form prescribed by the Secretary, | 13 | | certifying that the test or tests
were requested pursuant to | 14 | | subsection (a) and the person refused to submit to a
test or | 15 | | tests or submitted to testing 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 blood or | 18 | | urine, resulting from the unlawful use or consumption of
| 19 | | cannabis listed in the Cannabis Control Act, a controlled | 20 | | substance
listed in
the Illinois Controlled Substances Act,
an | 21 | | intoxicating compound listed in
the Use of Intoxicating | 22 | | Compounds Act, or methamphetamine as listed in the | 23 | | Methamphetamine Control and Community Protection Act. | 24 | | Upon receipt of the sworn report of a law enforcement | 25 | | officer, the
Secretary shall enter the suspension and | 26 | | disqualification to the individual's driving record and the
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| 1 | | suspension and disqualification shall be effective on the 46th | 2 | | day following the date notice of the
suspension was given to | 3 | | the person. | 4 | | The law enforcement officer submitting the sworn report | 5 | | shall serve immediate
notice of this suspension on the person | 6 | | and such suspension and disqualification shall be effective
on | 7 | | the 46th day following the date notice was given. | 8 | | In cases where the blood alcohol concentration of 0.08 or | 9 | | more,
or any amount
of a drug, substance, or intoxicating | 10 | | compound resulting from the unlawful
use or
consumption of | 11 | | cannabis as listed in the Cannabis Control Act, a
controlled
| 12 | | substance listed in the Illinois Controlled Substances Act,
an
| 13 | | intoxicating
compound listed in the Use of Intoxicating | 14 | | Compounds Act, or methamphetamine as listed in the | 15 | | Methamphetamine Control and Community Protection Act, is | 16 | | established by a
subsequent analysis of blood or urine | 17 | | collected at the time of arrest, the
arresting officer shall | 18 | | give notice as provided in this Section or by deposit
in the | 19 | | United States mail of such notice in an envelope with postage | 20 | | prepaid
and addressed to such person at his address as shown on | 21 | | the Uniform Traffic
Ticket and the suspension and | 22 | | disqualification shall be effective on the 46th day following | 23 | | the date
notice was given. | 24 | | Upon receipt of the sworn report of a law enforcement | 25 | | officer, the Secretary
shall also give notice of the suspension | 26 | | and disqualification to the driver by mailing a notice of
the |
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| 1 | | effective date of the suspension and disqualification to the | 2 | | individual. However, should the
sworn report be defective by | 3 | | not containing sufficient information or be
completed in error, | 4 | | the notice of the suspension and disqualification shall not be | 5 | | mailed to the
person or entered to the driving record, but | 6 | | rather the sworn report shall be
returned to the issuing law | 7 | | enforcement agency. | 8 | | (e) A driver may contest this suspension of his or her
| 9 | | driving privileges and disqualification of his or her CDL | 10 | | privileges by
requesting an administrative hearing with the | 11 | | Secretary in accordance with
Section 2-118 of this Code. At the | 12 | | conclusion of a hearing held under
Section 2-118 of this Code, | 13 | | the Secretary may rescind, continue, or modify the
orders
of | 14 | | suspension and disqualification. If the Secretary does not | 15 | | rescind the orders of suspension and disqualification, a | 16 | | restricted
driving permit may be granted by the Secretary upon | 17 | | application being made and
good cause shown. A restricted | 18 | | driving permit may be granted to relieve undue
hardship to | 19 | | allow driving for employment, educational, and medical | 20 | | purposes as
outlined in Section 6-206 of this Code. The | 21 | | provisions of Section 6-206 of
this Code shall apply. In | 22 | | accordance with 49 C.F.R. 384, the Secretary of State may not | 23 | | issue a restricted driving permit for the operation of a | 24 | | commercial motor vehicle to a person holding a CDL whose | 25 | | driving privileges have been suspended, revoked, cancelled, or | 26 | | disqualified.
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| 1 | | (f) (Blank). | 2 | | (g) For the purposes of this Section, a personal injury | 3 | | shall include
any type A injury as indicated on the traffic | 4 | | accident report completed
by a law enforcement officer that | 5 | | requires immediate professional attention
in either a doctor's | 6 | | office or a medical facility. A type A injury shall
include | 7 | | severely bleeding wounds, distorted extremities, and injuries | 8 | | that
require the injured party to be carried from the scene. | 9 | | (Source: P.A. 99-467, eff. 1-1-16 .)".
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