Full Text of SB1479 98th General Assembly
SB1479enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 6-206 as follows:
| 6 | | (625 ILCS 5/6-206)
| 7 | | Sec. 6-206. Discretionary authority to suspend or revoke | 8 | | license or
permit; Right to a hearing.
| 9 | | (a) The Secretary of State is authorized to suspend or | 10 | | revoke the
driving privileges of any person without preliminary | 11 | | hearing upon a showing
of the person's records or other | 12 | | sufficient evidence that
the person:
| 13 | | 1. Has committed an offense for which mandatory | 14 | | revocation of
a driver's license or permit is required upon | 15 | | conviction;
| 16 | | 2. Has been convicted of not less than 3 offenses | 17 | | against traffic
regulations governing the movement of | 18 | | vehicles committed within any 12
month period. No | 19 | | revocation or suspension shall be entered more than
6 | 20 | | months after the date of last conviction;
| 21 | | 3. Has been repeatedly involved as a driver in motor | 22 | | vehicle
collisions or has been repeatedly convicted of | 23 | | offenses against laws and
ordinances regulating the |
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| 1 | | movement of traffic, to a degree that
indicates lack of | 2 | | ability to exercise ordinary and reasonable care in
the | 3 | | safe operation of a motor vehicle or disrespect for the | 4 | | traffic laws
and the safety of other persons upon the | 5 | | highway;
| 6 | | 4. Has by the unlawful operation of a motor vehicle | 7 | | caused or
contributed to an accident resulting in injury | 8 | | requiring
immediate professional treatment in a medical | 9 | | facility or doctor's office
to any person, except that any | 10 | | suspension or revocation imposed by the
Secretary of State | 11 | | under the provisions of this subsection shall start no
| 12 | | later than 6 months after being convicted of violating a | 13 | | law or
ordinance regulating the movement of traffic, which | 14 | | violation is related
to the accident, or shall start not | 15 | | more than one year
after
the date of the accident, | 16 | | whichever date occurs later;
| 17 | | 5. Has permitted an unlawful or fraudulent use of a | 18 | | driver's
license, identification card, or permit;
| 19 | | 6. Has been lawfully convicted of an offense or | 20 | | offenses in another
state, including the authorization | 21 | | contained in Section 6-203.1, which
if committed within | 22 | | this State would be grounds for suspension or revocation;
| 23 | | 7. Has refused or failed to submit to an examination | 24 | | provided for by
Section 6-207 or has failed to pass the | 25 | | examination;
| 26 | | 8. Is ineligible for a driver's license or permit under |
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| 1 | | the provisions
of Section 6-103;
| 2 | | 9. Has made a false statement or knowingly concealed a | 3 | | material fact
or has used false information or | 4 | | identification in any application for a
license, | 5 | | identification card, or permit;
| 6 | | 10. Has possessed, displayed, or attempted to | 7 | | fraudulently use any
license, identification card, or | 8 | | permit not issued to the person;
| 9 | | 11. Has operated a motor vehicle upon a highway of this | 10 | | State when
the person's driving privilege or privilege to | 11 | | obtain a driver's license
or permit was revoked or | 12 | | suspended unless the operation was authorized by
a | 13 | | monitoring device driving permit, judicial driving permit | 14 | | issued prior to January 1, 2009, probationary license to | 15 | | drive, or a restricted
driving permit issued under this | 16 | | Code;
| 17 | | 12. Has submitted to any portion of the application | 18 | | process for
another person or has obtained the services of | 19 | | another person to submit to
any portion of the application | 20 | | process for the purpose of obtaining a
license, | 21 | | identification card, or permit for some other person;
| 22 | | 13. Has operated a motor vehicle upon a highway of this | 23 | | State when
the person's driver's license or permit was | 24 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 25 | | 14. Has committed a violation of Section 6-301, | 26 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
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| 1 | | of the Illinois Identification Card
Act;
| 2 | | 15. Has been convicted of violating Section 21-2 of the | 3 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 4 | | to criminal trespass to vehicles in which case, the | 5 | | suspension
shall be for one year;
| 6 | | 16. Has been convicted of violating Section 11-204 of | 7 | | this Code relating
to fleeing from a peace officer;
| 8 | | 17. Has refused to submit to a test, or tests, as | 9 | | required under Section
11-501.1 of this Code and the person | 10 | | has not sought a hearing as
provided for in Section | 11 | | 11-501.1;
| 12 | | 18. Has, since issuance of a driver's license or | 13 | | permit, been adjudged
to be afflicted with or suffering | 14 | | from any mental disability or disease;
| 15 | | 19. Has committed a violation of paragraph (a) or (b) | 16 | | of Section 6-101
relating to driving without a driver's | 17 | | license;
| 18 | | 20. Has been convicted of violating Section 6-104 | 19 | | relating to
classification of driver's license;
| 20 | | 21. Has been convicted of violating Section 11-402 of
| 21 | | this Code relating to leaving the scene of an accident | 22 | | resulting in damage
to a vehicle in excess of $1,000, in | 23 | | which case the suspension shall be
for one year;
| 24 | | 22. Has used a motor vehicle in violating paragraph | 25 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 26 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
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| 1 | | relating
to unlawful use of weapons, in which case the | 2 | | suspension shall be for one
year;
| 3 | | 23. Has, as a driver, been convicted of committing a | 4 | | violation of
paragraph (a) of Section 11-502 of this Code | 5 | | for a second or subsequent
time within one year of a | 6 | | similar violation;
| 7 | | 24. Has been convicted by a court-martial or punished | 8 | | by non-judicial
punishment by military authorities of the | 9 | | United States at a military
installation in Illinois of or | 10 | | for a traffic related offense that is the
same as or | 11 | | similar to an offense specified under Section 6-205 or | 12 | | 6-206 of
this Code;
| 13 | | 25. Has permitted any form of identification to be used | 14 | | by another in
the application process in order to obtain or | 15 | | attempt to obtain a license,
identification card, or | 16 | | permit;
| 17 | | 26. Has altered or attempted to alter a license or has | 18 | | possessed an
altered license, identification card, or | 19 | | permit;
| 20 | | 27. Has violated Section 6-16 of the Liquor Control Act | 21 | | of 1934;
| 22 | | 28. Has been convicted for a first time of the illegal | 23 | | possession, while operating or
in actual physical control, | 24 | | as a driver, of a motor vehicle, of any
controlled | 25 | | substance prohibited under the Illinois Controlled | 26 | | Substances
Act, any cannabis prohibited under the Cannabis |
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| 1 | | Control
Act, or any methamphetamine prohibited under the | 2 | | Methamphetamine Control and Community Protection Act, in | 3 | | which case the person's driving privileges shall be | 4 | | suspended for
one year.
Any defendant found guilty of this | 5 | | offense while operating a motor vehicle,
shall have an | 6 | | entry made in the court record by the presiding judge that
| 7 | | this offense did occur while the defendant was operating a | 8 | | motor vehicle
and order the clerk of the court to report | 9 | | the violation to the Secretary
of State;
| 10 | | 29. Has been convicted of the following offenses that | 11 | | were committed
while the person was operating or in actual | 12 | | physical control, as a driver,
of a motor vehicle: criminal | 13 | | sexual assault,
predatory criminal sexual assault of a | 14 | | child,
aggravated criminal sexual
assault, criminal sexual | 15 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 16 | | soliciting for a juvenile prostitute, promoting juvenile | 17 | | prostitution as described in subdivision (a)(1), (a)(2), | 18 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 19 | | or the Criminal Code of 2012, and the manufacture, sale or
| 20 | | delivery of controlled substances or instruments used for | 21 | | illegal drug use
or abuse in which case the driver's | 22 | | driving privileges shall be suspended
for one year;
| 23 | | 30. Has been convicted a second or subsequent time for | 24 | | any
combination of the offenses named in paragraph 29 of | 25 | | this subsection,
in which case the person's driving | 26 | | privileges shall be suspended for 5
years;
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| 1 | | 31. Has refused to submit to a test as
required by | 2 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 3 | | Registration and Safety Act or has submitted to a test | 4 | | resulting in
an alcohol concentration of 0.08 or more or | 5 | | any amount of a drug, substance, or
compound resulting from | 6 | | the unlawful use or consumption of cannabis as listed
in | 7 | | the Cannabis Control Act, a controlled substance as listed | 8 | | in the Illinois
Controlled Substances Act, an intoxicating | 9 | | compound as listed in the Use of
Intoxicating Compounds | 10 | | Act, or methamphetamine as listed in the Methamphetamine | 11 | | Control and Community Protection Act, in which case the | 12 | | penalty shall be
as prescribed in Section 6-208.1;
| 13 | | 32. Has been convicted of Section 24-1.2 of the | 14 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 15 | | to the aggravated discharge of a firearm if the offender | 16 | | was
located in a motor vehicle at the time the firearm was | 17 | | discharged, in which
case the suspension shall be for 3 | 18 | | years;
| 19 | | 33. Has as a driver, who was less than 21 years of age | 20 | | on the date of
the offense, been convicted a first time of | 21 | | a violation of paragraph (a) of
Section 11-502 of this Code | 22 | | or a similar provision of a local ordinance;
| 23 | | 34. Has committed a violation of Section 11-1301.5 of | 24 | | this Code or a similar provision of a local ordinance;
| 25 | | 35. Has committed a violation of Section 11-1301.6 of | 26 | | this Code or a similar provision of a local ordinance;
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| 1 | | 36. Is under the age of 21 years at the time of arrest | 2 | | and has been
convicted of not less than 2 offenses against | 3 | | traffic regulations governing
the movement of vehicles | 4 | | committed within any 24 month period. No revocation
or | 5 | | suspension shall be entered more than 6 months after the | 6 | | date of last
conviction;
| 7 | | 37. Has committed a violation of subsection (c) of | 8 | | Section 11-907 of this
Code that resulted in damage to the | 9 | | property of another or the death or injury of another;
| 10 | | 38. Has been convicted of a violation of Section 6-20 | 11 | | of the Liquor
Control Act of 1934 or a similar provision of | 12 | | a local ordinance;
| 13 | | 39. Has committed a second or subsequent violation of | 14 | | Section
11-1201 of this Code;
| 15 | | 40. Has committed a violation of subsection (a-1) of | 16 | | Section 11-908 of
this Code; | 17 | | 41. Has committed a second or subsequent violation of | 18 | | Section 11-605.1 of this Code, a similar provision of a | 19 | | local ordinance, or a similar violation in any other state | 20 | | within 2 years of the date of the previous violation, in | 21 | | which case the suspension shall be for 90 days; | 22 | | 42. Has committed a violation of subsection (a-1) of | 23 | | Section 11-1301.3 of this Code or a similar provision of a | 24 | | local ordinance;
| 25 | | 43. Has received a disposition of court supervision for | 26 | | a violation of subsection (a), (d), or (e) of Section 6-20 |
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| 1 | | of the Liquor
Control Act of 1934 or a similar provision of | 2 | | a local ordinance, in which case the suspension shall be | 3 | | for a period of 3 months;
| 4 | | 44.
Is under the age of 21 years at the time of arrest | 5 | | and has been convicted of an offense against traffic | 6 | | regulations governing the movement of vehicles after | 7 | | having previously had his or her driving privileges
| 8 | | suspended or revoked pursuant to subparagraph 36 of this | 9 | | Section; | 10 | | 45.
Has, in connection with or during the course of a | 11 | | formal hearing conducted under Section 2-118 of this Code: | 12 | | (i) committed perjury; (ii) submitted fraudulent or | 13 | | falsified documents; (iii) submitted documents that have | 14 | | been materially altered; or (iv) submitted, as his or her | 15 | | own, documents that were in fact prepared or composed for | 16 | | another person; or | 17 | | 46. Has committed a violation of subsection (j) of | 18 | | Section 3-413 of this Code. | 19 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 20 | | and 27 of this
subsection, license means any driver's license, | 21 | | any traffic ticket issued when
the person's driver's license is | 22 | | deposited in lieu of bail, a suspension
notice issued by the | 23 | | Secretary of State, a duplicate or corrected driver's
license, | 24 | | a probationary driver's license or a temporary driver's | 25 | | license.
| 26 | | (b) If any conviction forming the basis of a suspension or
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| 1 | | revocation authorized under this Section is appealed, the
| 2 | | Secretary of State may rescind or withhold the entry of the | 3 | | order of suspension
or revocation, as the case may be, provided | 4 | | that a certified copy of a stay
order of a court is filed with | 5 | | the Secretary of State. If the conviction is
affirmed on | 6 | | appeal, the date of the conviction shall relate back to the | 7 | | time
the original judgment of conviction was entered and the 6 | 8 | | month limitation
prescribed shall not apply.
| 9 | | (c) 1. Upon suspending or revoking the driver's license or | 10 | | permit of
any person as authorized in this Section, the | 11 | | Secretary of State shall
immediately notify the person in | 12 | | writing of the revocation or suspension.
The notice to be | 13 | | deposited in the United States mail, postage prepaid,
to the | 14 | | last known address of the person.
| 15 | | 2. If the Secretary of State suspends the driver's | 16 | | license
of a person under subsection 2 of paragraph (a) of | 17 | | this Section, a
person's privilege to operate a vehicle as | 18 | | an occupation shall not be
suspended, provided an affidavit | 19 | | is properly completed, the appropriate fee
received, and a | 20 | | permit issued prior to the effective date of the
| 21 | | suspension, unless 5 offenses were committed, at least 2 of | 22 | | which occurred
while operating a commercial vehicle in | 23 | | connection with the driver's
regular occupation. All other | 24 | | driving privileges shall be suspended by the
Secretary of | 25 | | State. Any driver prior to operating a vehicle for
| 26 | | occupational purposes only must submit the affidavit on |
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| 1 | | forms to be
provided by the Secretary of State setting | 2 | | forth the facts of the person's
occupation. The affidavit | 3 | | shall also state the number of offenses
committed while | 4 | | operating a vehicle in connection with the driver's regular
| 5 | | occupation. The affidavit shall be accompanied by the | 6 | | driver's license.
Upon receipt of a properly completed | 7 | | affidavit, the Secretary of State
shall issue the driver a | 8 | | permit to operate a vehicle in connection with the
driver's | 9 | | regular occupation only. Unless the permit is issued by the
| 10 | | Secretary of State prior to the date of suspension, the | 11 | | privilege to drive
any motor vehicle shall be suspended as | 12 | | set forth in the notice that was
mailed under this Section. | 13 | | If an affidavit is received subsequent to the
effective | 14 | | date of this suspension, a permit may be issued for the | 15 | | remainder
of the suspension period.
| 16 | | The provisions of this subparagraph shall not apply to | 17 | | any driver
required to possess a CDL for the purpose of | 18 | | operating a commercial motor vehicle.
| 19 | | Any person who falsely states any fact in the affidavit | 20 | | required
herein shall be guilty of perjury under Section | 21 | | 6-302 and upon conviction
thereof shall have all driving | 22 | | privileges revoked without further rights.
| 23 | | 3. At the conclusion of a hearing under Section 2-118 | 24 | | of this Code,
the Secretary of State shall either rescind | 25 | | or continue an order of
revocation or shall substitute an | 26 | | order of suspension; or, good
cause appearing therefor, |
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| 1 | | rescind, continue, change, or extend the
order of | 2 | | suspension. If the Secretary of State does not rescind the | 3 | | order,
the Secretary may upon application,
to relieve undue | 4 | | hardship (as defined by the rules of the Secretary of | 5 | | State), issue
a restricted driving permit granting the | 6 | | privilege of driving a motor
vehicle between the | 7 | | petitioner's residence and petitioner's place of
| 8 | | employment or within the scope of the petitioner's | 9 | | employment related duties, or to
allow the petitioner to | 10 | | transport himself or herself, or a family member of the
| 11 | | petitioner's household to a medical facility, to receive | 12 | | necessary medical care, to allow the petitioner to | 13 | | transport himself or herself to and from alcohol or drug
| 14 | | remedial or rehabilitative activity recommended by a | 15 | | licensed service provider, or to allow the petitioner to | 16 | | transport himself or herself or a family member of the | 17 | | petitioner's household to classes, as a student, at an | 18 | | accredited educational institution, or to allow the | 19 | | petitioner to transport children, elderly persons, or | 20 | | disabled persons who do not hold driving privileges and are | 21 | | living in the petitioner's household to and from daycare. | 22 | | The
petitioner must demonstrate that no alternative means | 23 | | of
transportation is reasonably available and that the | 24 | | petitioner will not endanger
the public safety or welfare. | 25 | | Those multiple offenders identified in subdivision (b)4 of | 26 | | Section 6-208 of this Code, however, shall not be eligible |
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| 1 | | for the issuance of a restricted driving permit.
| 2 | |
(A) If a person's license or permit is revoked or | 3 | | suspended due to 2
or more convictions of violating | 4 | | Section 11-501 of this Code or a similar
provision of a | 5 | | local ordinance or a similar out-of-state offense, or | 6 | | Section 9-3 of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012, where the use of alcohol or | 8 | | other drugs is recited as an element of the offense, or | 9 | | a similar out-of-state offense, or a combination of | 10 | | these offenses, arising out
of separate occurrences, | 11 | | that person, if issued a restricted driving permit,
may | 12 | | not operate a vehicle unless it has been equipped with | 13 | | an ignition
interlock device as defined in Section | 14 | | 1-129.1.
| 15 | | (B) If a person's license or permit is revoked or | 16 | | suspended 2 or more
times within a 10 year period due | 17 | | to any combination of: | 18 | | (i) a single conviction of violating Section
| 19 | | 11-501 of this Code or a similar provision of a | 20 | | local ordinance or a similar
out-of-state offense | 21 | | or Section 9-3 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012, where the use of alcohol or | 23 | | other drugs is recited as an element of the | 24 | | offense, or a similar out-of-state offense; or | 25 | | (ii) a statutory summary suspension or | 26 | | revocation under Section
11-501.1; or |
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| 1 | | (iii) a suspension under Section 6-203.1; | 2 | | arising out of
separate occurrences; that person, if | 3 | | issued a restricted driving permit, may
not operate a | 4 | | vehicle unless it has been
equipped with an ignition | 5 | | interlock device as defined in Section 1-129.1. | 6 | | (C)
The person issued a permit conditioned upon the | 7 | | use of an ignition interlock device must pay to the | 8 | | Secretary of State DUI Administration Fund an amount
| 9 | | not to exceed $30 per month. The Secretary shall | 10 | | establish by rule the amount
and the procedures, terms, | 11 | | and conditions relating to these fees. | 12 | | (D) If the
restricted driving permit is issued for | 13 | | employment purposes, then the prohibition against | 14 | | operating a motor vehicle that is not equipped with an | 15 | | ignition interlock device does not apply to the | 16 | | operation of an occupational vehicle owned or
leased by | 17 | | that person's employer when used solely for employment | 18 | | purposes. | 19 | | (E) In each case the Secretary may issue a
| 20 | | restricted driving permit for a period deemed | 21 | | appropriate, except that all
permits shall expire | 22 | | within one year from the date of issuance. The | 23 | | Secretary
may not, however, issue a restricted driving | 24 | | permit to any person whose current
revocation is the | 25 | | result of a second or subsequent conviction for a | 26 | | violation
of Section 11-501 of this Code or a similar |
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| 1 | | provision of a local ordinance
or any similar | 2 | | out-of-state offense, or Section 9-3 of the Criminal | 3 | | Code of 1961 or the Criminal Code of 2012, where the | 4 | | use of alcohol or other drugs is recited as an element | 5 | | of the offense, or any similar out-of-state offense, or | 6 | | any combination
of those offenses, until the | 7 | | expiration of at least one year from the date of
the | 8 | | revocation. A
restricted driving permit issued under | 9 | | this Section shall be subject to
cancellation, | 10 | | revocation, and suspension by the Secretary of State in | 11 | | like
manner and for like cause as a driver's license | 12 | | issued under this Code may be
cancelled, revoked, or | 13 | | suspended; except that a conviction upon one or more
| 14 | | offenses against laws or ordinances regulating the | 15 | | movement of traffic
shall be deemed sufficient cause | 16 | | for the revocation, suspension, or
cancellation of a | 17 | | restricted driving permit. The Secretary of State may, | 18 | | as
a condition to the issuance of a restricted driving | 19 | | permit, require the
applicant to participate in a | 20 | | designated driver remedial or rehabilitative
program. | 21 | | The Secretary of State is authorized to cancel a | 22 | | restricted
driving permit if the permit holder does not | 23 | | successfully complete the program.
| 24 | | (c-3) In the case of a suspension under paragraph 43 of | 25 | | subsection (a), reports received by the Secretary of State | 26 | | under this Section shall, except during the actual time the |
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| 1 | | suspension is in effect, be privileged information and for use | 2 | | only by the courts, police officers, prosecuting authorities, | 3 | | the driver licensing administrator of any other state, the | 4 | | Secretary of State, or the parent or legal guardian of a driver | 5 | | under the age of 18. However, beginning January 1, 2008, if the | 6 | | person is a CDL holder, the suspension shall also be made | 7 | | available to the driver licensing administrator of any other | 8 | | state, the U.S. Department of Transportation, and the affected | 9 | | driver or motor
carrier or prospective motor carrier upon | 10 | | request.
| 11 | | (c-4) In the case of a suspension under paragraph 43 of | 12 | | subsection (a), the Secretary of State shall notify the person | 13 | | by mail that his or her driving privileges and driver's license | 14 | | will be suspended one month after the date of the mailing of | 15 | | the notice.
| 16 | | (c-5) The Secretary of State may, as a condition of the | 17 | | reissuance of a
driver's license or permit to an applicant | 18 | | whose driver's license or permit has
been suspended before he | 19 | | or she reached the age of 21 years pursuant to any of
the | 20 | | provisions of this Section, require the applicant to | 21 | | participate in a
driver remedial education course and be | 22 | | retested under Section 6-109 of this
Code.
| 23 | | (d) This Section is subject to the provisions of the | 24 | | Drivers License
Compact.
| 25 | | (e) The Secretary of State shall not issue a restricted | 26 | | driving permit to
a person under the age of 16 years whose |
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| 1 | | driving privileges have been suspended
or revoked under any | 2 | | provisions of this Code.
| 3 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 4 | | State may not issue a restricted driving permit for the | 5 | | operation of a commercial motor vehicle to a person holding a | 6 | | CDL whose driving privileges have been suspended, revoked, | 7 | | cancelled, or disqualified under any provisions of this Code. | 8 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 9 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 10 | | 7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, | 11 | | eff. 8-12-11; 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, | 12 | | eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.) | 13 | | Section 10. The Boat Registration and Safety Act is amended | 14 | | by adding Section 5-16c as follows: | 15 | | (625 ILCS 45/5-16c new) | 16 | | Sec. 5-16c. Operator involvement in personal injury or | 17 | | fatal boating accident; chemical tests. | 18 | | (a) Any person who operates or is in actual physical | 19 | | control of a motorboat within this State and who has been | 20 | | involved in a personal injury or fatal boating accident shall | 21 | | be deemed to have given consent to a breath test using a | 22 | | portable device as approved by the Department of State Police | 23 | | or to a chemical test or tests of blood, breath, or urine for | 24 | | the purpose of determining the content of alcohol, other drug |
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| 1 | | or drugs, or intoxicating compound or compounds of the person's | 2 | | blood if arrested as evidenced by the issuance of a uniform | 3 | | citation for a violation of the Boat Registration and Safety | 4 | | Act or a similar provision of a local ordinance, with the | 5 | | exception of equipment violations contained in Article IV of | 6 | | this Act or similar provisions of local ordinances. The test or | 7 | | tests shall be administered at the direction of the arresting | 8 | | officer. The law enforcement agency employing the officer shall | 9 | | designate which of the aforesaid tests shall be administered. A | 10 | | urine test may be administered even after a blood or breath | 11 | | test or both has been administered. Compliance with this | 12 | | Section does not relieve the person from the requirements of | 13 | | any other Section of this Act. | 14 | | (b) Any person who is dead, unconscious, or who is | 15 | | otherwise in a
condition rendering that person incapable of | 16 | | refusal shall be deemed not to
have withdrawn the consent | 17 | | provided by subsection (a) of this Section. In
addition, if an | 18 | | operator of a motorboat is receiving medical treatment as a
| 19 | | result of a boating accident, any physician licensed to | 20 | | practice
medicine, licensed physician assistant, licensed | 21 | | advanced practice nurse, registered nurse, or a phlebotomist | 22 | | acting under the direction of
a licensed physician shall | 23 | | withdraw blood for testing purposes to ascertain
the presence | 24 | | of alcohol, other drug or drugs, or intoxicating
compound or | 25 | | compounds, upon the specific request of a law
enforcement | 26 | | officer. However, this testing shall not be performed until, in
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| 1 | | the opinion of the medical personnel on scene, the withdrawal | 2 | | can be made
without interfering with or endangering the | 3 | | well-being of the patient. | 4 | | (c) A person requested to submit to a test under subsection | 5 | | (a) of this Section shall be
warned by the law enforcement | 6 | | officer requesting the test that a refusal to
submit to the | 7 | | test, or submission to the test resulting in an alcohol
| 8 | | concentration of 0.08 or more, or any amount of a drug, | 9 | | substance,
or intoxicating compound
resulting from the | 10 | | unlawful use or consumption of cannabis listed in the
Cannabis | 11 | | Control Act, a controlled substance listed in the Illinois
| 12 | | Controlled Substances Act, an intoxicating compound listed in | 13 | | the Use of
Intoxicating Compounds Act, or methamphetamine as | 14 | | listed in the Methamphetamine Control and Community Protection | 15 | | Act as detected in the person's blood or urine, may
result in | 16 | | the suspension of the person's privilege to operate a motor | 17 | | vehicle and may result in the disqualification of the person's | 18 | | privilege to operate a commercial motor vehicle, as provided in | 19 | | Section 6-514 of the Illinois Vehicle Code, if the person is a | 20 | | CDL holder.
The length of the suspension shall be the same as | 21 | | outlined in Section
6-208.1 of the Illinois Vehicle Code | 22 | | regarding statutory summary suspensions. | 23 | | (d) If the person refuses testing or submits to a test | 24 | | which discloses
an alcohol concentration of 0.08 or more, or | 25 | | any amount of a drug,
substance,
or intoxicating compound in | 26 | | the person's blood or urine resulting from the
unlawful use or
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| 1 | | consumption of cannabis listed in the Cannabis Control Act, a | 2 | | controlled
substance listed in the Illinois Controlled | 3 | | Substances Act, an
intoxicating
compound listed in the Use of | 4 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 5 | | Methamphetamine Control and Community Protection Act, the law
| 6 | | enforcement officer shall immediately submit a sworn report to | 7 | | the Secretary of
State on a form prescribed by the Secretary of | 8 | | State, certifying that the test or tests
were requested under | 9 | | subsection (a) of this Section and the person refused to submit | 10 | | to a
test or tests or submitted to testing which disclosed an | 11 | | alcohol concentration
of 0.08 or more, or any amount of a drug, | 12 | | substance, or intoxicating
compound
in the
person's blood or | 13 | | urine, resulting from the unlawful use or consumption of
| 14 | | cannabis listed in the Cannabis Control Act, a controlled | 15 | | substance
listed in
the Illinois Controlled Substances Act,
an | 16 | | intoxicating compound listed in
the Use of Intoxicating | 17 | | Compounds Act, or methamphetamine as listed in the | 18 | | Methamphetamine Control and Community Protection Act. | 19 | | Upon receipt of the sworn report of a law enforcement | 20 | | officer, the
Secretary of State shall enter the suspension and | 21 | | disqualification to the person's driving record and the
| 22 | | suspension and disqualification shall be effective on the 46th | 23 | | day following the date notice of the
suspension was given to | 24 | | the person. | 25 | | The law enforcement officer submitting the sworn report | 26 | | shall serve immediate
notice of this suspension on the person |
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| 1 | | and this suspension and disqualification shall be effective
on | 2 | | the 46th day following the date notice was given. | 3 | | In cases where the blood alcohol concentration of 0.08 or | 4 | | more,
or any amount
of a drug, substance, or intoxicating | 5 | | compound 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, is | 11 | | established by a
subsequent analysis of blood or urine | 12 | | collected at the time of arrest, the
arresting officer shall | 13 | | give notice as provided in this Section or by deposit
in the | 14 | | United States mail of this notice in an envelope with postage | 15 | | prepaid
and addressed to the person at his or her address as | 16 | | shown on the uniform citation and the suspension and | 17 | | disqualification shall be effective on the 46th day following | 18 | | the date
notice was given. | 19 | | Upon receipt of the sworn report of a law enforcement | 20 | | officer, the Secretary of State
shall also give notice of the | 21 | | suspension and disqualification to the person by mailing a | 22 | | notice of
the effective date of the suspension and | 23 | | disqualification to the person. However, should the
sworn | 24 | | report be defective by not containing sufficient information or | 25 | | be
completed in error, the notice of the suspension and | 26 | | disqualification shall not be mailed to the
person or entered |
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| 1 | | to the driving record, but rather the sworn report shall be
| 2 | | returned to the issuing law enforcement agency. | 3 | | (e) A person may contest this suspension of his or her
| 4 | | driving privileges and disqualification of his or her CDL | 5 | | privileges by
requesting an administrative hearing with the | 6 | | Secretary of State in accordance with
Section 2-118 of the | 7 | | Illinois Vehicle Code. At the conclusion of a hearing held | 8 | | under
Section 2-118 of the Illinois Vehicle Code, the Secretary | 9 | | of State may rescind, continue, or modify the
orders
of | 10 | | suspension and disqualification. If the Secretary of State does | 11 | | not rescind the orders of suspension and disqualification, a | 12 | | restricted
driving permit may be granted by the Secretary of | 13 | | State upon application being made and
good cause shown. A | 14 | | restricted driving permit may be granted to relieve undue
| 15 | | hardship to allow driving for employment, educational, and | 16 | | medical purposes as
outlined in Section 6-206 of the Illinois | 17 | | Vehicle Code. The provisions of Section 6-206 of
the Illinois | 18 | | Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the | 19 | | Secretary of State may not issue a restricted driving permit | 20 | | for the operation of a commercial motor vehicle to a person | 21 | | holding a CDL whose driving privileges have been suspended, | 22 | | revoked, cancelled, or disqualified. | 23 | | (f) For the purposes of this Section, a personal injury | 24 | | shall include
any type A injury as indicated on the accident | 25 | | report completed
by a law enforcement officer that requires | 26 | | immediate professional attention
in a doctor's office or a |
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| 1 | | medical facility. A type A injury shall
include severely | 2 | | bleeding wounds, distorted extremities, and injuries that
| 3 | | require the injured party to be carried from the scene. |
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