Full Text of HB1702 097th General Assembly
HB1702enr 97TH 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 | | Sections 6-106.1a, 11-501.2, 11-501.6, and 11-501.8 as | 6 | | follows:
| 7 | | (625 ILCS 5/6-106.1a)
| 8 | | (Text of Section before amendment by P.A. 96-1344 )
| 9 | | Sec. 6-106.1a. Cancellation of school bus driver permit; | 10 | | trace of alcohol.
| 11 | | (a) A person who has been issued a school bus driver permit | 12 | | by the Secretary
of State in accordance with Section 6-106.1 of | 13 | | this Code and who drives or is
in actual physical control of a | 14 | | school bus
or any other vehicle owned or operated by or for a | 15 | | public or private
school, or a school operated by a religious | 16 | | institution, when the vehicle is
being used over a regularly | 17 | | scheduled route for the transportation of persons
enrolled as | 18 | | students in grade 12 or below, in connection with any activity | 19 | | of
the entities listed, upon the public highways of this State | 20 | | shall be
deemed to have given consent to a chemical test or | 21 | | tests of blood, breath, or
urine for the purpose of determining | 22 | | the alcohol content of the person's blood
if arrested, as | 23 | | evidenced
by the issuance of a Uniform Traffic Ticket for any |
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| 1 | | violation of this
Code or a similar provision of a local | 2 | | ordinance, if a police officer
has probable cause to believe | 3 | | that the driver has consumed any amount of an
alcoholic | 4 | | beverage based upon evidence of the driver's physical condition
| 5 | | or other first hand knowledge of the police officer. The test | 6 | | or tests shall
be administered at the direction of the | 7 | | arresting officer. The law enforcement
agency employing the | 8 | | officer shall designate which of the aforesaid tests shall
be | 9 | | administered. A urine test may be administered even after a | 10 | | blood or breath
test or both has been administered.
| 11 | | (b) A person who is dead, unconscious, or who is otherwise | 12 | | in a condition
rendering that person incapable of refusal, | 13 | | shall be deemed not to have
withdrawn the consent provided by | 14 | | paragraph (a) of this Section and the test or
tests may be | 15 | | administered subject to the following provisions:
| 16 | | (1) Chemical analysis of the person's blood, urine, | 17 | | breath, or
other substance,
to be considered valid under | 18 | | the provisions of this Section, shall have been
performed | 19 | | according to standards promulgated by the Department of | 20 | | State Police by an
individual
possessing a valid permit | 21 | | issued by the Department of State Police for this
purpose. | 22 | | The
Director of State Police is authorized to approve | 23 | | satisfactory techniques
or
methods, to ascertain the | 24 | | qualifications and competence of individuals to
conduct | 25 | | analyses, to issue
permits that shall be subject to | 26 | | termination or revocation at the direction of
the |
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| 1 | | Department of State Police, and to certify the
accuracy of | 2 | | breath testing
equipment. The
Department of State Police | 3 | | shall prescribe rules as
necessary.
| 4 | | (2) When a person submits to a blood test at the | 5 | | request of a law
enforcement officer under the provisions | 6 | | of this Section, only a physician
authorized to practice | 7 | | medicine, a licensed physician assistant, a licensed | 8 | | advanced practice nurse, a registered nurse, or other | 9 | | qualified person
trained in venipuncture and acting under | 10 | | the direction of a licensed physician
may withdraw blood | 11 | | for the purpose of determining the alcohol content.
This | 12 | | limitation does not apply to the taking of breath or urine | 13 | | specimens.
| 14 | | (3) The person tested may have a physician, qualified | 15 | | technician, chemist,
registered nurse, or other qualified | 16 | | person of his or her own choosing
administer a chemical | 17 | | test or tests in addition to any test or tests
administered | 18 | | at the direction of a law enforcement officer. The test
| 19 | | administered at the request of the person may be admissible | 20 | | into evidence at a
hearing conducted in accordance with | 21 | | Section 2-118 of this Code. The failure
or inability to | 22 | | obtain an additional test by a person shall not preclude | 23 | | the
consideration of the previously performed chemical | 24 | | test.
| 25 | | (4) Upon a request of the person who submits to a | 26 | | chemical test or tests
at the request of a law enforcement |
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| 1 | | officer, full information concerning the
test or tests | 2 | | shall be made available to the person or that person's
| 3 | | attorney by the requesting law enforcement agency within 72 | 4 | | hours of receipt of
the test result.
| 5 | | (5) Alcohol concentration means either grams of | 6 | | alcohol per 100
milliliters of blood or grams of alcohol | 7 | | per 210 liters of breath.
| 8 | | (6) If a driver is receiving medical treatment as a | 9 | | result of a motor
vehicle accident, a physician licensed to | 10 | | practice medicine, licensed physician assistant, licensed | 11 | | advanced practice nurse, registered nurse,
or other | 12 | | qualified person trained in venipuncture and acting under | 13 | | the
direction of a
licensed physician shall withdraw blood | 14 | | for testing purposes to ascertain the
presence of alcohol | 15 | | upon the specific request of a law enforcement officer.
| 16 | | However, that testing shall not be performed until, in the | 17 | | opinion of the
medical personnel on scene, the withdrawal | 18 | | can be made without interfering with
or endangering the | 19 | | well-being of the patient.
| 20 | | (c) A person requested to submit to a test as provided in | 21 | | this Section shall
be warned
by the law enforcement officer | 22 | | requesting the test that a refusal to submit to
the test, or
| 23 | | submission to the test resulting in an alcohol concentration of | 24 | | more than 0.00,
may result
in the loss of that person's | 25 | | privilege to possess a school bus driver
permit. The loss of | 26 | | the individual's privilege to possess a school bus driver
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| 1 | | permit shall be imposed in accordance with Section 6-106.1b of | 2 | | this Code.
| 3 | | (d) If the person refuses testing or submits to a test that | 4 | | discloses an
alcohol concentration of more than 0.00, the law | 5 | | enforcement officer shall
immediately submit a sworn report to | 6 | | the Secretary of State on a form
prescribed by the Secretary of | 7 | | State certifying that the test or tests were
requested under | 8 | | subsection (a) and the person refused to submit to a test or
| 9 | | tests or submitted to testing which disclosed an alcohol | 10 | | concentration of more
than 0.00. The law enforcement officer | 11 | | shall submit the same sworn report when
a person who has been | 12 | | issued a school bus driver permit and who was operating a
| 13 | | school bus or any other vehicle owned
or operated by or for a | 14 | | public or private school, or a school operated by a
religious | 15 | | institution, when the vehicle is being used over a regularly
| 16 | | scheduled route for the transportation of persons enrolled as | 17 | | students in grade
12 or below, in connection with
any activity | 18 | | of the entities listed, submits to testing under Section | 19 | | 11-501.1
of this Code and the testing discloses an alcohol | 20 | | concentration of more than
0.00 and less than the alcohol | 21 | | concentration at which driving or being in
actual physical | 22 | | control of a motor vehicle is prohibited under paragraph (1) of
| 23 | | subsection (a) of Section 11-501.
| 24 | | Upon receipt of the sworn report of a law enforcement | 25 | | officer, the Secretary
of State shall enter the school bus | 26 | | driver permit sanction on the
individual's driving record and |
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| 1 | | the sanction shall be effective on the
46th day following the | 2 | | date notice of the sanction was given to the person.
| 3 | | The law enforcement officer submitting the sworn report | 4 | | shall serve immediate
notice of this school bus driver permit | 5 | | sanction on the person and the sanction
shall be effective on | 6 | | the 46th day following the date notice was given.
| 7 | | In cases where the blood alcohol concentration of more than | 8 | | 0.00 is
established by a subsequent analysis of blood or urine, | 9 | | the police officer or
arresting agency shall give notice as | 10 | | provided in this Section or by deposit in
the United States | 11 | | mail of that notice in an envelope with postage prepaid and
| 12 | | addressed to that person at his or her last known address and | 13 | | the loss of the
school
bus driver permit shall be effective on | 14 | | the 46th day following the date notice
was given.
| 15 | | Upon receipt of the sworn report of a law enforcement | 16 | | officer, the Secretary
of State shall also give notice of the | 17 | | school bus driver permit sanction to the
driver and the | 18 | | driver's current employer by mailing a notice of the effective
| 19 | | date of the sanction to the individual. However, shall the | 20 | | sworn report be
defective by not containing sufficient | 21 | | information or be completed in error,
the notice of the school | 22 | | bus driver permit sanction may not be mailed to the
person or | 23 | | his current employer or entered to the driving record,
but | 24 | | rather the sworn report shall be returned to the issuing law | 25 | | enforcement
agency.
| 26 | | (e) A driver may contest this school bus driver permit |
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| 1 | | sanction by
requesting an administrative hearing with the | 2 | | Secretary of State in accordance
with Section 2-118 of this | 3 | | Code. An individual whose blood alcohol
concentration is shown | 4 | | to be more than 0.00 is not subject to this Section if
he or she | 5 | | consumed alcohol in the performance of a religious service or
| 6 | | ceremony. An individual whose blood alcohol concentration is | 7 | | shown to be more
than 0.00 shall not be subject to this Section | 8 | | if the individual's blood
alcohol concentration resulted only | 9 | | from ingestion of the prescribed or
recommended dosage of | 10 | | medicine that contained alcohol. The petition for that
hearing | 11 | | shall not stay or delay the effective date of the impending | 12 | | suspension.
The scope of this hearing shall be limited to the | 13 | | issues of:
| 14 | | (1) whether the police officer had probable cause to | 15 | | believe that the
person was driving or in actual physical | 16 | | control of a school bus
or any other vehicle owned or | 17 | | operated by or for a
public or private school, or a
school | 18 | | operated by a religious institution, when the vehicle is | 19 | | being used
over a regularly scheduled route for the | 20 | | transportation of persons enrolled as
students in grade 12 | 21 | | or below, in connection with any activity of the entities
| 22 | | listed, upon the public highways of the State and the | 23 | | police officer had reason
to believe that the person was in | 24 | | violation of any provision of this
Code or a similar | 25 | | provision of a local ordinance; and
| 26 | | (2) whether the person was issued a Uniform Traffic |
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| 1 | | Ticket for any
violation of this Code or a similar | 2 | | provision of a local
ordinance; and
| 3 | | (3) whether the police officer had probable cause to | 4 | | believe that the
driver had
consumed any amount of an | 5 | | alcoholic beverage based upon the driver's
physical | 6 | | actions or other first-hand knowledge of the police | 7 | | officer; and
| 8 | | (4) whether the person, after being advised by the | 9 | | officer that the
privilege to possess a school bus driver | 10 | | permit would be canceled if the person
refused to submit to | 11 | | and complete the test or tests, did refuse to submit to or
| 12 | | complete the test or tests to determine the person's | 13 | | alcohol concentration; and
| 14 | | (5) whether the person, after being advised by the | 15 | | officer that the
privileges to possess a school bus driver | 16 | | permit would be canceled if the
person submits to a | 17 | | chemical test or tests and the test or tests disclose an
| 18 | | alcohol concentration of more than 0.00 and
the person did | 19 | | submit to and complete the test or tests that determined an
| 20 | | alcohol concentration of more than 0.00; and
| 21 | | (6) whether the test result of an alcohol concentration | 22 | | of more than 0.00
was based upon the person's consumption | 23 | | of alcohol in the performance of a
religious service or | 24 | | ceremony; and
| 25 | | (7) whether the test result of an alcohol concentration | 26 | | of more than 0.00
was based upon the person's consumption |
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| 1 | | of alcohol through ingestion of the
prescribed or | 2 | | recommended dosage of medicine.
| 3 | | The Secretary of State may adopt administrative rules | 4 | | setting forth
circumstances under which the holder of a school | 5 | | bus driver permit is not
required to
appear in
person at the | 6 | | hearing.
| 7 | | Provided that the petitioner may subpoena the officer, the | 8 | | hearing may be
conducted upon a review of the law enforcement | 9 | | officer's own official
reports. Failure of the officer to | 10 | | answer the subpoena shall be grounds for a
continuance if, in | 11 | | the hearing officer's discretion, the continuance is
| 12 | | appropriate. At the conclusion of the hearing held under | 13 | | Section 2-118 of this
Code, the Secretary of State may rescind, | 14 | | continue, or modify
the school bus driver permit sanction.
| 15 | | (f) The results of any chemical testing performed in | 16 | | accordance with
subsection (a) of this Section are not | 17 | | admissible in any civil or criminal
proceeding, except that the | 18 | | results
of the testing may be considered at a hearing held | 19 | | under Section 2-118 of this
Code. However, the results of the | 20 | | testing may not be used to impose
driver's license sanctions | 21 | | under Section 11-501.1 of this Code. A law
enforcement officer | 22 | | may, however, pursue a statutory summary suspension of
driving | 23 | | privileges under Section 11-501.1 of this Code if other | 24 | | physical
evidence or first hand knowledge forms the basis of | 25 | | that suspension.
| 26 | | (g) This Section applies only to drivers who have been |
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| 1 | | issued a school bus
driver permit in accordance with Section | 2 | | 6-106.1 of this Code at the time of
the issuance of the Uniform | 3 | | Traffic Ticket for a violation of this
Code or a similar | 4 | | provision of a local ordinance, and a chemical test
request is | 5 | | made under this Section.
| 6 | | (h) The action of the Secretary of State in suspending, | 7 | | revoking, canceling,
or denying any license, permit, | 8 | | registration, or certificate of title shall be
subject to | 9 | | judicial review in the Circuit Court of Sangamon County or in | 10 | | the
Circuit Court of Cook County, and the provisions of the | 11 | | Administrative Review
Law and its rules are hereby adopted and | 12 | | shall apply to and govern every
action for the judicial review | 13 | | of final acts or decisions of the Secretary of
State under this | 14 | | Section.
| 15 | | (Source: P.A. 90-107, eff. 1-1-98; 91-124, eff. 7-16-99; | 16 | | 91-828, eff. 1-1-01.)
| 17 | | (Text of Section after amendment by P.A. 96-1344 )
| 18 | | Sec. 6-106.1a. Cancellation of school bus driver permit; | 19 | | trace of alcohol.
| 20 | | (a) A person who has been issued a school bus driver permit | 21 | | by the Secretary
of State in accordance with Section 6-106.1 of | 22 | | this Code and who drives or is
in actual physical control of a | 23 | | school bus
or any other vehicle owned or operated by or for a | 24 | | public or private
school, or a school operated by a religious | 25 | | institution, when the vehicle is
being used over a regularly |
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| 1 | | scheduled route for the transportation of persons
enrolled as | 2 | | students in grade 12 or below, in connection with any activity | 3 | | of
the entities listed, upon the public highways of this State | 4 | | shall be
deemed to have given consent to a chemical test or | 5 | | tests of blood, breath, or
urine for the purpose of determining | 6 | | the alcohol content of the person's blood
if arrested, as | 7 | | evidenced
by the issuance of a Uniform Traffic Ticket for any | 8 | | violation of this
Code or a similar provision of a local | 9 | | ordinance, if a police officer
has probable cause to believe | 10 | | that the driver has consumed any amount of an
alcoholic | 11 | | beverage based upon evidence of the driver's physical condition
| 12 | | or other first hand knowledge of the police officer. The test | 13 | | or tests shall
be administered at the direction of the | 14 | | arresting officer. The law enforcement
agency employing the | 15 | | officer shall designate which of the aforesaid tests shall
be | 16 | | administered. A urine test may be administered even after a | 17 | | blood or breath
test or both has been administered.
| 18 | | (b) A person who is dead, unconscious, or who is otherwise | 19 | | in a condition
rendering that person incapable of refusal, | 20 | | shall be deemed not to have
withdrawn the consent provided by | 21 | | paragraph (a) of this Section and the test or
tests may be | 22 | | administered subject to the following provisions:
| 23 | | (1) Chemical analysis of the person's blood, urine, | 24 | | breath, or
other substance,
to be considered valid under | 25 | | the provisions of this Section, shall have been
performed | 26 | | according to standards promulgated by the Department of |
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| 1 | | State Police by an
individual
possessing a valid permit | 2 | | issued by the Department of State Police for this
purpose. | 3 | | The
Director of State Police is authorized to approve | 4 | | satisfactory techniques
or
methods, to ascertain the | 5 | | qualifications and competence of individuals to
conduct | 6 | | analyses, to issue
permits that shall be subject to | 7 | | termination or revocation at the direction of
the | 8 | | Department of State Police, and to certify the
accuracy of | 9 | | breath testing
equipment. The
Department of State Police | 10 | | shall prescribe rules as
necessary.
| 11 | | (2) When a person submits to a blood test at the | 12 | | request of a law
enforcement officer under the provisions | 13 | | of this Section, only a physician
authorized to practice | 14 | | medicine, a licensed physician assistant, a licensed | 15 | | advanced practice nurse, a registered nurse, or other | 16 | | qualified person
trained in venipuncture and acting under | 17 | | the direction of a licensed physician
may withdraw blood | 18 | | for the purpose of determining the alcohol content.
This | 19 | | limitation does not apply to the taking of breath or urine | 20 | | specimens.
| 21 | | (3) The person tested may have a physician, qualified | 22 | | technician, chemist,
registered nurse, or other qualified | 23 | | person of his or her own choosing
administer a chemical | 24 | | test or tests in addition to any test or tests
administered | 25 | | at the direction of a law enforcement officer. The test
| 26 | | administered at the request of the person may be admissible |
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| 1 | | into evidence at a
hearing conducted in accordance with | 2 | | Section 2-118 of this Code. The failure
or inability to | 3 | | obtain an additional test by a person shall not preclude | 4 | | the
consideration of the previously performed chemical | 5 | | test.
| 6 | | (4) Upon a request of the person who submits to a | 7 | | chemical test or tests
at the request of a law enforcement | 8 | | officer, full information concerning the
test or tests | 9 | | shall be made available to the person or that person's
| 10 | | attorney by the requesting law enforcement agency within 72 | 11 | | hours of receipt of
the test result.
| 12 | | (5) Alcohol concentration means either grams of | 13 | | alcohol per 100
milliliters of blood or grams of alcohol | 14 | | per 210 liters of breath.
| 15 | | (6) If a driver is receiving medical treatment as a | 16 | | result of a motor
vehicle accident, a physician licensed to | 17 | | practice medicine, licensed physician assistant, licensed | 18 | | advanced practice nurse, registered nurse,
or other | 19 | | qualified person trained in venipuncture and acting under | 20 | | the
direction of a
licensed physician shall withdraw blood | 21 | | for testing purposes to ascertain the
presence of alcohol | 22 | | upon the specific request of a law enforcement officer.
| 23 | | However, that testing shall not be performed until, in the | 24 | | opinion of the
medical personnel on scene, the withdrawal | 25 | | can be made without interfering with
or endangering the | 26 | | well-being of the patient.
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| 1 | | (c) A person requested to submit to a test as provided in | 2 | | this Section shall
be warned
by the law enforcement officer | 3 | | requesting the test that a refusal to submit to
the test, or
| 4 | | submission to the test resulting in an alcohol concentration of | 5 | | more than 0.00,
may result
in the loss of that person's | 6 | | privilege to possess a school bus driver
permit. The loss of | 7 | | the individual's privilege to possess a school bus driver
| 8 | | permit shall be imposed in accordance with Section 6-106.1b of | 9 | | this Code.
| 10 | | (d) If the person refuses testing or submits to a test that | 11 | | discloses an
alcohol concentration of more than 0.00, the law | 12 | | enforcement officer shall
immediately submit a sworn report to | 13 | | the Secretary of State on a form
prescribed by the Secretary of | 14 | | State certifying that the test or tests were
requested under | 15 | | subsection (a) and the person refused to submit to a test or
| 16 | | tests or submitted to testing which disclosed an alcohol | 17 | | concentration of more
than 0.00. The law enforcement officer | 18 | | shall submit the same sworn report when
a person who has been | 19 | | issued a school bus driver permit and who was operating a
| 20 | | school bus or any other vehicle owned
or operated by or for a | 21 | | public or private school, or a school operated by a
religious | 22 | | institution, when the vehicle is being used over a regularly
| 23 | | scheduled route for the transportation of persons enrolled as | 24 | | students in grade
12 or below, in connection with
any activity | 25 | | of the entities listed, submits to testing under Section | 26 | | 11-501.1
of this Code and the testing discloses an alcohol |
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| 1 | | concentration of more than
0.00 and less than the alcohol | 2 | | concentration at which driving or being in
actual physical | 3 | | control of a motor vehicle is prohibited under paragraph (1) of
| 4 | | subsection (a) of Section 11-501.
| 5 | | Upon receipt of the sworn report of a law enforcement | 6 | | officer, the Secretary
of State shall enter the school bus | 7 | | driver permit sanction on the
individual's driving record and | 8 | | the sanction shall be effective on the
46th day following the | 9 | | date notice of the sanction was given to the person.
| 10 | | The law enforcement officer submitting the sworn report | 11 | | shall serve immediate
notice of this school bus driver permit | 12 | | sanction on the person and the sanction
shall be effective on | 13 | | the 46th day following the date notice was given.
| 14 | | In cases where the blood alcohol concentration of more than | 15 | | 0.00 is
established by a subsequent analysis of blood or urine, | 16 | | the police officer or
arresting agency shall give notice as | 17 | | provided in this Section or by deposit in
the United States | 18 | | mail of that notice in an envelope with postage prepaid and
| 19 | | addressed to that person at his or her last known address and | 20 | | the loss of the
school
bus driver permit shall be effective on | 21 | | the 46th day following the date notice
was given.
| 22 | | Upon receipt of the sworn report of a law enforcement | 23 | | officer, the Secretary
of State shall also give notice of the | 24 | | school bus driver permit sanction to the
driver and the | 25 | | driver's current employer by mailing a notice of the effective
| 26 | | date of the sanction to the individual. However, shall the |
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| 1 | | sworn report be
defective by not containing sufficient | 2 | | information or be completed in error,
the notice of the school | 3 | | bus driver permit sanction may not be mailed to the
person or | 4 | | his current employer or entered to the driving record,
but | 5 | | rather the sworn report shall be returned to the issuing law | 6 | | enforcement
agency.
| 7 | | (e) A driver may contest this school bus driver permit | 8 | | sanction by
requesting an administrative hearing with the | 9 | | Secretary of State in accordance
with Section 2-118 of this | 10 | | Code. An individual whose blood alcohol
concentration is shown | 11 | | to be more than 0.00 is not subject to this Section if
he or she | 12 | | consumed alcohol in the performance of a religious service or
| 13 | | ceremony. An individual whose blood alcohol concentration is | 14 | | shown to be more
than 0.00 shall not be subject to this Section | 15 | | if the individual's blood
alcohol concentration resulted only | 16 | | from ingestion of the prescribed or
recommended dosage of | 17 | | medicine that contained alcohol. The petition for that
hearing | 18 | | shall not stay or delay the effective date of the impending | 19 | | suspension.
The scope of this hearing shall be limited to the | 20 | | issues of:
| 21 | | (1) whether the police officer had probable cause to | 22 | | believe that the
person was driving or in actual physical | 23 | | control of a school bus
or any other vehicle owned or | 24 | | operated by or for a
public or private school, or a
school | 25 | | operated by a religious institution, when the vehicle is | 26 | | being used
over a regularly scheduled route for the |
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| 1 | | transportation of persons enrolled as
students in grade 12 | 2 | | or below, in connection with any activity of the entities
| 3 | | listed, upon the public highways of the State and the | 4 | | police officer had reason
to believe that the person was in | 5 | | violation of any provision of this
Code or a similar | 6 | | provision of a local ordinance; and
| 7 | | (2) whether the person was issued a Uniform Traffic | 8 | | Ticket for any
violation of this Code or a similar | 9 | | provision of a local
ordinance; and
| 10 | | (3) whether the police officer had probable cause to | 11 | | believe that the
driver had
consumed any amount of an | 12 | | alcoholic beverage based upon the driver's
physical | 13 | | actions or other first-hand knowledge of the police | 14 | | officer; and
| 15 | | (4) whether the person, after being advised by the | 16 | | officer that the
privilege to possess a school bus driver | 17 | | permit would be canceled if the person
refused to submit to | 18 | | and complete the test or tests, did refuse to submit to or
| 19 | | complete the test or tests to determine the person's | 20 | | alcohol concentration; and
| 21 | | (5) whether the person, after being advised by the | 22 | | officer that the
privileges to possess a school bus driver | 23 | | permit would be canceled if the
person submits to a | 24 | | chemical test or tests and the test or tests disclose an
| 25 | | alcohol concentration of more than 0.00 and
the person did | 26 | | submit to and complete the test or tests that determined an
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| 1 | | alcohol concentration of more than 0.00; and
| 2 | | (6) whether the test result of an alcohol concentration | 3 | | of more than 0.00
was based upon the person's consumption | 4 | | of alcohol in the performance of a
religious service or | 5 | | ceremony; and
| 6 | | (7) whether the test result of an alcohol concentration | 7 | | of more than 0.00
was based upon the person's consumption | 8 | | of alcohol through ingestion of the
prescribed or | 9 | | recommended dosage of medicine.
| 10 | | The Secretary of State may adopt administrative rules | 11 | | setting forth
circumstances under which the holder of a school | 12 | | bus driver permit is not
required to
appear in
person at the | 13 | | hearing.
| 14 | | Provided that the petitioner may subpoena the officer, the | 15 | | hearing may be
conducted upon a review of the law enforcement | 16 | | officer's own official
reports. Failure of the officer to | 17 | | answer the subpoena shall be grounds for a
continuance if, in | 18 | | the hearing officer's discretion, the continuance is
| 19 | | appropriate. At the conclusion of the hearing held under | 20 | | Section 2-118 of this
Code, the Secretary of State may rescind, | 21 | | continue, or modify
the school bus driver permit sanction.
| 22 | | (f) The results of any chemical testing performed in | 23 | | accordance with
subsection (a) of this Section are not | 24 | | admissible in any civil or criminal
proceeding, except that the | 25 | | results
of the testing may be considered at a hearing held | 26 | | under Section 2-118 of this
Code. However, the results of the |
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| 1 | | testing may not be used to impose
driver's license sanctions | 2 | | under Section 11-501.1 of this Code. A law
enforcement officer | 3 | | may, however, pursue a statutory summary suspension or | 4 | | revocation of
driving privileges under Section 11-501.1 of this | 5 | | Code if other physical
evidence or first hand knowledge forms | 6 | | the basis of that suspension or revocation.
| 7 | | (g) This Section applies only to drivers who have been | 8 | | issued a school bus
driver permit in accordance with Section | 9 | | 6-106.1 of this Code at the time of
the issuance of the Uniform | 10 | | Traffic Ticket for a violation of this
Code or a similar | 11 | | provision of a local ordinance, and a chemical test
request is | 12 | | made under this Section.
| 13 | | (h) The action of the Secretary of State in suspending, | 14 | | revoking, canceling,
or denying any license, permit, | 15 | | registration, or certificate of title shall be
subject to | 16 | | judicial review in the Circuit Court of Sangamon County or in | 17 | | the
Circuit Court of Cook County, and the provisions of the | 18 | | Administrative Review
Law and its rules are hereby adopted and | 19 | | shall apply to and govern every
action for the judicial review | 20 | | of final acts or decisions of the Secretary of
State under this | 21 | | Section.
| 22 | | (Source: P.A. 96-1344, eff. 7-1-11.)
| 23 | | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| 24 | | Sec. 11-501.2. Chemical and other tests.
| 25 | | (a) Upon the trial of any civil or criminal action or |
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| 1 | | proceeding arising out
of an arrest for an offense as defined | 2 | | in Section 11-501 or a similar local
ordinance or proceedings | 3 | | pursuant to Section 2-118.1, evidence of the
concentration of | 4 | | alcohol, other drug or drugs, or intoxicating compound or
| 5 | | compounds, or any combination thereof in a person's blood
or | 6 | | breath at the time alleged, as determined by analysis of the | 7 | | person's blood,
urine, breath or other bodily substance, shall | 8 | | be admissible. Where such test
is made the following provisions | 9 | | shall apply:
| 10 | | 1. Chemical analyses of the person's blood, urine, | 11 | | breath or other bodily
substance to be considered valid | 12 | | under the provisions of this Section shall
have been | 13 | | performed according to standards promulgated by the | 14 | | Department of State Police
by
a licensed physician, | 15 | | registered nurse, trained phlebotomist, certified | 16 | | paramedic, or other individual
possessing a valid permit | 17 | | issued by that Department for
this purpose. The Director of | 18 | | State Police is authorized to approve satisfactory
| 19 | | techniques or methods, to ascertain the qualifications and | 20 | | competence of
individuals to conduct such analyses, to | 21 | | issue permits which shall be subject
to termination or | 22 | | revocation at the discretion of that Department and to
| 23 | | certify the accuracy of breath testing equipment. The | 24 | | Department
of
State Police shall prescribe regulations as | 25 | | necessary to
implement this
Section.
| 26 | | 2. When a person in this State shall submit to a blood |
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| 1 | | test at the request
of a law enforcement officer under the | 2 | | provisions of Section 11-501.1, only a
physician | 3 | | authorized to practice medicine, a licensed physician | 4 | | assistant, a licensed advanced practice nurse, a | 5 | | registered nurse, trained
phlebotomist, or certified | 6 | | paramedic, or other
qualified person approved by the | 7 | | Department of State Police may withdraw blood
for the | 8 | | purpose of determining the alcohol, drug, or alcohol and | 9 | | drug content
therein. This limitation shall not apply to | 10 | | the taking of breath or urine
specimens.
| 11 | | When a blood test of a person who has been taken to an | 12 | | adjoining state
for medical treatment is requested by an | 13 | | Illinois law enforcement officer,
the blood may be | 14 | | withdrawn only by a physician authorized to practice
| 15 | | medicine in the adjoining state, a licensed physician | 16 | | assistant, a licensed advanced practice nurse, a | 17 | | registered nurse, a trained
phlebotomist acting under the | 18 | | direction of the physician, or certified
paramedic. The law
| 19 | | enforcement officer requesting the test shall take custody | 20 | | of the blood
sample, and the blood sample shall be analyzed | 21 | | by a laboratory certified by the
Department of State Police | 22 | | for that purpose.
| 23 | | 3. The person tested may have a physician, or a | 24 | | qualified technician,
chemist, registered nurse, or other | 25 | | qualified person of their own choosing
administer a | 26 | | chemical test or tests in addition to any administered at |
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| 1 | | the
direction of a law enforcement officer. The failure or | 2 | | inability to obtain
an additional test by a person shall | 3 | | not preclude the admission of evidence
relating to the test | 4 | | or tests taken at the direction of a law enforcement
| 5 | | officer.
| 6 | | 4. Upon the request of the person who shall submit to a | 7 | | chemical test
or tests at the request of a law enforcement | 8 | | officer, full information
concerning the test or tests | 9 | | shall be made available to the person or such
person's | 10 | | attorney.
| 11 | | 5. Alcohol concentration shall mean either grams of | 12 | | alcohol per 100
milliliters of blood or grams of alcohol | 13 | | per 210 liters of breath.
| 14 | | (b) Upon the trial of any civil or criminal action or | 15 | | proceeding arising
out of acts alleged to have been committed | 16 | | by any person while driving or
in actual physical control of a | 17 | | vehicle while under the influence of alcohol,
the concentration | 18 | | of alcohol in the person's blood or breath at the time
alleged | 19 | | as shown by analysis of the person's blood, urine, breath, or | 20 | | other
bodily substance shall give rise to the following | 21 | | presumptions:
| 22 | | 1. If there was at that time an alcohol concentration | 23 | | of 0.05 or less,
it shall be presumed that the person was | 24 | | not under the influence of alcohol.
| 25 | | 2. If there was at that time an alcohol concentration | 26 | | in excess of 0.05
but less than 0.08, such facts shall not |
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| 1 | | give rise to any
presumption that
the person was or was not | 2 | | under the influence of alcohol, but such fact
may be | 3 | | considered with other competent evidence in determining | 4 | | whether the
person was under the influence of alcohol.
| 5 | | 3. If there was at that time an alcohol concentration | 6 | | of 0.08
or more,
it shall be presumed that the person was | 7 | | under the influence of alcohol.
| 8 | | 4. The foregoing provisions of this Section shall not | 9 | | be construed as
limiting the introduction of any other | 10 | | relevant evidence bearing upon the
question whether the | 11 | | person was under the influence of alcohol.
| 12 | | (c) 1. If a person under arrest refuses to submit to a | 13 | | chemical test
under
the provisions of Section 11-501.1, | 14 | | evidence of refusal shall be admissible
in any civil or | 15 | | criminal action or proceeding arising out of acts alleged
to | 16 | | have been committed while the person under the influence of | 17 | | alcohol,
other drug or drugs, or intoxicating compound or | 18 | | compounds, or
any combination thereof was driving or in actual | 19 | | physical
control of a motor vehicle.
| 20 | | 2. Notwithstanding any ability to refuse under this Code to | 21 | | submit to
these tests or any ability to revoke the implied | 22 | | consent to these tests, if a
law enforcement officer has | 23 | | probable cause to believe that a motor vehicle
driven by or in | 24 | | actual physical control of a person under the influence of
| 25 | | alcohol, other drug or drugs, or intoxicating compound or
| 26 | | compounds,
or any combination thereof
has caused the death or
|
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| 1 | | personal injury to another, that person shall submit, upon the | 2 | | request of a law
enforcement officer, to a chemical test or | 3 | | tests of his or her blood, breath or
urine for the purpose of
| 4 | | determining the alcohol content thereof or the presence of any | 5 | | other drug or
combination of both.
| 6 | | This provision does not affect the applicability of or | 7 | | imposition of driver's
license sanctions under Section | 8 | | 11-501.1 of this Code.
| 9 | | 3. For purposes of this Section, a personal injury includes | 10 | | any Type A
injury as indicated on the traffic accident report | 11 | | completed by a law
enforcement officer that requires immediate | 12 | | professional attention in either a
doctor's office or a medical | 13 | | facility. A Type A injury includes severe
bleeding wounds, | 14 | | distorted extremities, and injuries that require the injured
| 15 | | party to be carried from the scene.
| 16 | | (Source: P.A. 96-289, eff. 8-11-09.)
| 17 | | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| 18 | | (Text of Section before amendment by P.A. 96-1344 )
| 19 | | Sec. 11-501.6. Driver involvement in personal injury or | 20 | | fatal motor
vehicle accident - chemical test. | 21 | | (a) Any person who drives or is in actual control of a | 22 | | motor vehicle
upon the public highways of this State and who | 23 | | has been involved in a
personal injury or fatal motor vehicle | 24 | | accident, shall be deemed to have
given consent to a breath | 25 | | test using a portable device as approved by the
Department of |
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| 1 | | State Police or to a chemical test or tests
of blood, breath, | 2 | | or
urine for the purpose of determining the content of alcohol,
| 3 | | other
drug or drugs, or intoxicating compound or compounds of | 4 | | such
person's blood if arrested as evidenced by the issuance of | 5 | | a Uniform Traffic
Ticket for any violation of the Illinois | 6 | | Vehicle Code or a similar provision of
a local ordinance, with | 7 | | the exception of equipment violations contained in
Chapter 12 | 8 | | of this Code, or similar provisions of local ordinances. The | 9 | | test
or tests shall be administered at the direction of the | 10 | | arresting officer. The
law enforcement agency employing the | 11 | | officer shall designate which of the
aforesaid tests shall be | 12 | | administered. A urine test may be administered even
after a | 13 | | blood or breath test or both has been administered. Compliance | 14 | | with
this Section does not relieve such person from the | 15 | | requirements of Section
11-501.1 of this Code.
| 16 | | (b) Any person who is dead, unconscious or who is otherwise | 17 | | in a
condition rendering such person incapable of refusal shall | 18 | | be deemed not to
have withdrawn the consent provided by | 19 | | subsection (a) of this Section. In
addition, if a driver of a | 20 | | vehicle is receiving medical treatment as a
result of a motor | 21 | | vehicle accident, any physician licensed to practice
medicine, | 22 | | licensed physician assistant, licensed advanced practice | 23 | | nurse, registered nurse or a phlebotomist acting under the | 24 | | direction of
a licensed physician shall withdraw blood for | 25 | | testing purposes to ascertain
the presence of alcohol, other | 26 | | drug or drugs, or intoxicating
compound or compounds, upon the |
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| 1 | | specific request of a law
enforcement officer. However, no such | 2 | | testing shall be performed until, in
the opinion of the medical | 3 | | personnel on scene, the withdrawal can be made
without | 4 | | interfering with or endangering the well-being of the patient.
| 5 | | (c) A person requested to submit to a test as provided | 6 | | above shall be
warned by the law enforcement officer requesting | 7 | | the test that a refusal to
submit to the test, or submission to | 8 | | the test resulting in an alcohol
concentration of 0.08 or more, | 9 | | or any amount of a drug, substance,
or intoxicating compound
| 10 | | resulting from the unlawful use or consumption of cannabis, as | 11 | | covered by the
Cannabis Control Act, a controlled substance | 12 | | 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 as | 16 | | detected in such person's blood or urine, may
result in the | 17 | | suspension of such person's privilege to operate a motor | 18 | | vehicle and may result in the disqualification of the person's | 19 | | privilege to operate a commercial motor vehicle, as provided in | 20 | | Section 6-514 of this Code, if the person is a CDL holder.
The | 21 | | length of the suspension shall be the same as outlined in | 22 | | Section
6-208.1 of this Code regarding statutory summary | 23 | | suspensions.
| 24 | | (d) If the person refuses testing or submits to a test | 25 | | which discloses
an alcohol concentration of 0.08 or more, or | 26 | | any amount of a drug,
substance,
or intoxicating compound in |
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| 1 | | such person's blood or urine resulting from the
unlawful use or
| 2 | | consumption of cannabis listed in the Cannabis Control Act, a | 3 | | controlled
substance listed in the Illinois Controlled | 4 | | Substances Act, an
intoxicating
compound listed in the Use of | 5 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 6 | | Methamphetamine Control and Community Protection Act, the law
| 7 | | enforcement officer shall immediately submit a sworn report to | 8 | | the Secretary of
State on a form prescribed by the Secretary, | 9 | | certifying that the test or tests
were requested pursuant to | 10 | | subsection (a) and the person refused to submit to a
test or | 11 | | tests or submitted to testing which disclosed an alcohol | 12 | | concentration
of 0.08 or more, or any amount of a drug, | 13 | | substance, or intoxicating
compound
in such
person's blood or | 14 | | urine, resulting from the unlawful use or consumption of
| 15 | | 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.
| 20 | | Upon receipt of the sworn report of a law enforcement | 21 | | officer, the
Secretary shall enter the suspension and | 22 | | disqualification to the individual's driving record and the
| 23 | | suspension and disqualification shall be effective on the 46th | 24 | | day following the date notice of the
suspension was given to | 25 | | the person.
| 26 | | The law enforcement officer submitting the sworn report |
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| 1 | | shall serve immediate
notice of this suspension on the person | 2 | | and such suspension and disqualification shall be effective
on | 3 | | the 46th day following the date notice was given.
| 4 | | In cases where the blood alcohol concentration of 0.08 or | 5 | | more,
or any amount
of a drug, substance, or intoxicating | 6 | | compound resulting from the unlawful
use or
consumption of | 7 | | cannabis as listed in the Cannabis Control Act, a
controlled
| 8 | | substance listed in the Illinois Controlled Substances Act,
an
| 9 | | intoxicating
compound listed in the Use of Intoxicating | 10 | | Compounds Act, or methamphetamine as listed in the | 11 | | Methamphetamine Control and Community Protection Act, is | 12 | | established by a
subsequent analysis of blood or urine | 13 | | collected at the time of arrest, the
arresting officer shall | 14 | | give notice as provided in this Section or by deposit
in the | 15 | | United States mail of such notice in an envelope with postage | 16 | | prepaid
and addressed to such person at his address as shown on | 17 | | the Uniform Traffic
Ticket and the suspension and | 18 | | disqualification shall be effective on the 46th day following | 19 | | the date
notice was given.
| 20 | | Upon receipt of the sworn report of a law enforcement | 21 | | officer, the Secretary
shall also give notice of the suspension | 22 | | and disqualification to the driver by mailing a notice of
the | 23 | | effective date of the suspension and disqualification to the | 24 | | individual. However, should the
sworn report be defective by | 25 | | not containing sufficient information or be
completed in error, | 26 | | the notice of the suspension and disqualification shall not be |
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| 1 | | mailed to the
person or entered to the driving record, but | 2 | | rather the sworn report shall be
returned to the issuing law | 3 | | enforcement agency.
| 4 | | (e) A driver may contest this suspension of his or her
| 5 | | driving privileges and disqualification of his or her CDL | 6 | | privileges by
requesting an administrative hearing with the | 7 | | Secretary in accordance with
Section 2-118 of this Code. At the | 8 | | conclusion of a hearing held under
Section 2-118 of this Code, | 9 | | the Secretary may rescind, continue, or modify the
orders
of | 10 | | suspension and disqualification. If the Secretary does not | 11 | | rescind the orders of suspension and disqualification, a | 12 | | restricted
driving permit may be granted by the Secretary upon | 13 | | application being made and
good cause shown. A restricted | 14 | | driving permit may be granted to relieve undue
hardship to | 15 | | allow driving for employment, educational, and medical | 16 | | purposes as
outlined in Section 6-206 of this Code. The | 17 | | provisions of Section 6-206 of
this Code shall apply. In | 18 | | accordance with 49 C.F.R. 384, the Secretary of State may not | 19 | | issue a restricted driving permit for the operation of a | 20 | | commercial motor vehicle to a person holding a CDL whose | 21 | | driving privileges have been suspended, revoked, cancelled, or | 22 | | disqualified.
| 23 | | (f) (Blank).
| 24 | | (g) For the purposes of this Section, a personal injury | 25 | | shall include
any type A injury as indicated on the traffic | 26 | | accident report completed
by a law enforcement officer that |
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| 1 | | requires immediate professional attention
in either a doctor's | 2 | | office or a medical facility. A type A injury shall
include | 3 | | severely bleeding wounds, distorted extremities, and injuries | 4 | | that
require the injured party to be carried from the scene.
| 5 | | (Source: P.A. 95-382, eff. 8-23-07.)
| 6 | | (Text of Section after amendment by P.A. 96-1344 ) | 7 | | Sec. 11-501.6. Driver involvement in personal injury or | 8 | | fatal motor
vehicle accident not involving an arrest for a | 9 | | violation of Section 11-501; driving under the influence of | 10 | | alcohol, other drug or drugs, intoxicating compounds, or any | 11 | | combination thereof; 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. This | 25 | | Section shall not apply to those persons arrested for a |
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| 1 | | violation of Section 11-501 or a similar violation of a local | 2 | | ordinance, in which case the provisions of Section 11-501.1 | 3 | | shall apply. The test
or tests shall be administered at the | 4 | | direction of the arresting officer. The
law enforcement agency | 5 | | employing the officer shall designate which of the
aforesaid | 6 | | tests shall be administered. A urine test may be administered | 7 | | even
after a blood or breath test or both has been | 8 | | administered. Compliance with
this Section does not relieve | 9 | | such person from the requirements of Section
11-501.1 of this | 10 | | Code. | 11 | | (b) Any person who is dead, unconscious or who is otherwise | 12 | | in a
condition rendering such person incapable of refusal shall | 13 | | be deemed not to
have withdrawn the consent provided by | 14 | | subsection (a) of this Section. In
addition, if a driver of a | 15 | | vehicle is receiving medical treatment as a
result of a motor | 16 | | vehicle accident, any physician licensed to practice
medicine, | 17 | | licensed physician assistant, licensed advanced practice | 18 | | nurse, registered nurse or a phlebotomist acting under the | 19 | | direction of
a licensed physician shall withdraw blood for | 20 | | testing purposes to ascertain
the presence of alcohol, other | 21 | | drug or drugs, or intoxicating
compound or compounds, upon the | 22 | | specific request of a law
enforcement officer. However, no such | 23 | | testing shall be performed until, in
the opinion of the medical | 24 | | personnel on scene, the withdrawal can be made
without | 25 | | interfering with or endangering the well-being of the patient. | 26 | | (c) A person requested to submit to a test as provided |
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| 1 | | above shall be
warned by the law enforcement officer requesting | 2 | | the test that a refusal to
submit to the test, or submission to | 3 | | the test resulting in an alcohol
concentration of 0.08 or more, | 4 | | or any amount of a drug, substance,
or intoxicating compound
| 5 | | resulting from the unlawful use or consumption of cannabis, as | 6 | | covered by the
Cannabis Control Act, a controlled substance | 7 | | 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 as | 11 | | detected in such person's blood or urine, may
result in the | 12 | | suspension of such person's privilege to operate a motor | 13 | | vehicle and may result in the disqualification of the person's | 14 | | privilege to operate a commercial motor vehicle, as provided in | 15 | | Section 6-514 of this Code, if the person is a CDL holder.
The | 16 | | length of the suspension shall be the same as outlined in | 17 | | Section
6-208.1 of this Code regarding statutory summary | 18 | | suspensions. | 19 | | (d) If the person refuses testing or submits to a test | 20 | | which discloses
an alcohol concentration of 0.08 or more, or | 21 | | any amount of a drug,
substance,
or intoxicating compound in | 22 | | such person's blood or urine resulting from the
unlawful use or
| 23 | | consumption of cannabis listed in the Cannabis Control Act, a | 24 | | 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, the law
| 2 | | enforcement officer shall immediately submit a sworn report to | 3 | | the Secretary of
State on a form prescribed by the Secretary, | 4 | | certifying that the test or tests
were requested pursuant to | 5 | | subsection (a) and the person refused to submit to a
test or | 6 | | tests or submitted to testing which disclosed an alcohol | 7 | | concentration
of 0.08 or more, or any amount of a drug, | 8 | | substance, or intoxicating
compound
in such
person's blood or | 9 | | urine, resulting from the unlawful use or consumption of
| 10 | | cannabis listed in the Cannabis Control Act, a controlled | 11 | | substance
listed in
the Illinois Controlled Substances Act,
an | 12 | | intoxicating compound listed in
the Use of Intoxicating | 13 | | Compounds Act, or methamphetamine as listed in the | 14 | | Methamphetamine Control and Community Protection Act. | 15 | | Upon receipt of the sworn report of a law enforcement | 16 | | officer, the
Secretary shall enter the suspension and | 17 | | disqualification to the individual's driving record and the
| 18 | | suspension and disqualification shall be effective on the 46th | 19 | | day following the date notice of the
suspension was given to | 20 | | the person. | 21 | | The law enforcement officer submitting the sworn report | 22 | | shall serve immediate
notice of this suspension on the person | 23 | | and such suspension and disqualification shall be effective
on | 24 | | the 46th day following the date notice was given. | 25 | | In cases where the blood alcohol concentration of 0.08 or | 26 | | more,
or any amount
of a drug, substance, or intoxicating |
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| 1 | | compound resulting from the unlawful
use or
consumption of | 2 | | cannabis as listed in the Cannabis Control Act, a
controlled
| 3 | | substance listed in the Illinois Controlled Substances Act,
an
| 4 | | intoxicating
compound listed in the Use of Intoxicating | 5 | | Compounds Act, or methamphetamine as listed in the | 6 | | Methamphetamine Control and Community Protection Act, is | 7 | | established by a
subsequent analysis of blood or urine | 8 | | collected at the time of arrest, the
arresting officer shall | 9 | | give notice as provided in this Section or by deposit
in the | 10 | | United States mail of such notice in an envelope with postage | 11 | | prepaid
and addressed to such person at his address as shown on | 12 | | the Uniform Traffic
Ticket and the suspension and | 13 | | disqualification shall be effective on the 46th day following | 14 | | the date
notice was given. | 15 | | Upon receipt of the sworn report of a law enforcement | 16 | | officer, the Secretary
shall also give notice of the suspension | 17 | | and disqualification to the driver by mailing a notice of
the | 18 | | effective date of the suspension and disqualification to the | 19 | | individual. However, should the
sworn report be defective by | 20 | | not containing sufficient information or be
completed in error, | 21 | | the notice of the suspension and disqualification shall not be | 22 | | mailed to the
person or entered to the driving record, but | 23 | | rather the sworn report shall be
returned to the issuing law | 24 | | enforcement agency. | 25 | | (e) A driver may contest this suspension of his or her
| 26 | | driving privileges and disqualification of his or her CDL |
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| 1 | | privileges by
requesting an administrative hearing with the | 2 | | Secretary in accordance with
Section 2-118 of this Code. At the | 3 | | conclusion of a hearing held under
Section 2-118 of this Code, | 4 | | the Secretary may rescind, continue, or modify the
orders
of | 5 | | suspension and disqualification. If the Secretary does not | 6 | | rescind the orders of suspension and disqualification, a | 7 | | restricted
driving permit may be granted by the Secretary upon | 8 | | application being made and
good cause shown. A restricted | 9 | | driving permit may be granted to relieve undue
hardship to | 10 | | allow driving for employment, educational, and medical | 11 | | purposes as
outlined in Section 6-206 of this Code. The | 12 | | provisions of Section 6-206 of
this Code shall apply. In | 13 | | accordance with 49 C.F.R. 384, the Secretary of State may not | 14 | | issue a restricted driving permit for the operation of a | 15 | | commercial motor vehicle to a person holding a CDL whose | 16 | | driving privileges have been suspended, revoked, cancelled, or | 17 | | disqualified.
| 18 | | (f) (Blank). | 19 | | (g) For the purposes of this Section, a personal injury | 20 | | shall include
any type A injury as indicated on the traffic | 21 | | accident report completed
by a law enforcement officer that | 22 | | requires immediate professional attention
in either a doctor's | 23 | | office or a medical facility. A type A injury shall
include | 24 | | severely bleeding wounds, distorted extremities, and injuries | 25 | | that
require the injured party to be carried from the scene. | 26 | | (Source: P.A. 95-382, eff. 8-23-07; 96-1344, eff. 7-1-11.)
|
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| 1 | | (625 ILCS 5/11-501.8)
| 2 | | (Text of Section before amendment by P.A. 96-1344 ) | 3 | | Sec. 11-501.8. Suspension of driver's license; persons | 4 | | under age 21.
| 5 | | (a) A person who is less than 21 years of age and who | 6 | | drives or
is in actual physical control of a motor vehicle upon | 7 | | the
public highways of this State shall be deemed to have given | 8 | | consent to a
chemical test or tests of blood, breath, or urine | 9 | | for the purpose of
determining the alcohol content of the | 10 | | person's blood if arrested, as evidenced
by the issuance of a | 11 | | Uniform Traffic Ticket for any violation of the Illinois
| 12 | | Vehicle Code or a similar provision of a local ordinance, if a | 13 | | police officer
has probable cause to believe that the driver | 14 | | has consumed any amount of an
alcoholic beverage based upon | 15 | | evidence of the driver's physical condition or
other first hand | 16 | | knowledge of the police officer. The test or tests shall be
| 17 | | administered at the direction of the arresting officer. The law | 18 | | enforcement
agency employing the officer shall designate which | 19 | | of the aforesaid tests shall
be administered. A urine test may | 20 | | be administered even after a blood or
breath test or both has | 21 | | been administered.
| 22 | | (b) A person who is dead, unconscious, or who is otherwise | 23 | | in a condition
rendering that person incapable of refusal, | 24 | | shall be deemed not to have
withdrawn the consent provided by | 25 | | paragraph (a) of this Section and the test or
tests may be |
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|
| 1 | | administered subject to the following provisions:
| 2 | | (i) Chemical analysis of the person's blood, urine, | 3 | | breath, or
other bodily substance, to be considered valid | 4 | | under the provisions of this
Section, shall have been | 5 | | performed according to standards promulgated by the | 6 | | Department of State
Police
by an individual possessing a | 7 | | valid permit issued by that Department for this
purpose. | 8 | | The Director of State Police is authorized to approve | 9 | | satisfactory
techniques or methods, to ascertain the | 10 | | qualifications and competence of
individuals to conduct | 11 | | analyses, to issue permits that shall be subject to
| 12 | | termination or revocation at the direction of that | 13 | | Department, and to certify
the accuracy of breath testing | 14 | | equipment. The Department of
State Police shall prescribe | 15 | | regulations as necessary.
| 16 | | (ii) When a person submits to a blood test at the | 17 | | request of a law
enforcement officer under the provisions | 18 | | of this Section, only a physician
authorized to practice | 19 | | medicine, a licensed physician assistant, a licensed | 20 | | advanced practice nurse, a registered nurse, or other | 21 | | qualified person
trained in venipuncture and acting under | 22 | | the direction of a licensed physician
may withdraw blood | 23 | | for the purpose of determining the alcohol content therein.
| 24 | | This limitation does not apply to the taking of breath or | 25 | | urine specimens.
| 26 | | (iii) The person tested may have a physician, qualified |
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|
| 1 | | technician,
chemist, registered nurse, or other qualified | 2 | | person of his or her own choosing
administer a chemical | 3 | | test or tests in addition to any test or tests
administered | 4 | | at the direction of a law enforcement officer. The failure | 5 | | or
inability to obtain an additional test by a person shall | 6 | | not preclude the
consideration of the previously performed | 7 | | chemical test.
| 8 | | (iv) Upon a request of the person who submits to a | 9 | | chemical test or
tests at the request of a law enforcement | 10 | | officer, full information concerning
the test or tests | 11 | | shall be made available to the person or that person's
| 12 | | attorney.
| 13 | | (v) Alcohol concentration means either grams of | 14 | | alcohol per 100
milliliters of blood or grams of alcohol | 15 | | per 210 liters of breath.
| 16 | | (vi) If a driver is receiving medical treatment as a | 17 | | result of a motor
vehicle accident, a physician licensed to | 18 | | practice medicine, licensed physician assistant, licensed | 19 | | advanced practice nurse, registered nurse,
or other | 20 | | qualified person trained in venipuncture and
acting under | 21 | | the direction of a licensed physician shall
withdraw blood | 22 | | for testing purposes to ascertain the presence of alcohol | 23 | | upon
the specific request of a law enforcement officer. | 24 | | However, that testing
shall not be performed until, in the | 25 | | opinion of the medical personnel on scene,
the withdrawal | 26 | | can be made without interfering with or endangering the
|
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|
| 1 | | well-being of the patient.
| 2 | | (c) A person requested to submit to a test as provided | 3 | | above shall be warned
by the law enforcement officer requesting | 4 | | the test that a refusal to submit to
the test, or submission to | 5 | | the test resulting in an alcohol concentration of
more than | 6 | | 0.00, may result in the loss of that person's privilege to | 7 | | operate a
motor vehicle and may result in the disqualification | 8 | | of the person's privilege to operate a commercial motor | 9 | | vehicle, as provided in Section 6-514 of this Code, if the | 10 | | person is a CDL holder. The loss of driving privileges shall be | 11 | | imposed in accordance
with Section 6-208.2 of this Code.
| 12 | | (d) If the person refuses testing or submits to a test that | 13 | | discloses an
alcohol concentration of more than 0.00, the law | 14 | | enforcement officer shall
immediately submit a sworn report to | 15 | | the Secretary of State on a form
prescribed by the Secretary of | 16 | | State, certifying that the test or tests were
requested under | 17 | | subsection (a) and the person refused to submit to a test
or | 18 | | tests or submitted to testing which disclosed an alcohol | 19 | | concentration of
more than 0.00. The law enforcement officer | 20 | | shall submit the same sworn report
when a person under the age | 21 | | of 21 submits to testing under Section
11-501.1 of this Code | 22 | | and the testing discloses an alcohol concentration of
more than | 23 | | 0.00 and less than 0.08.
| 24 | | Upon receipt of the sworn report of a law enforcement | 25 | | officer, the Secretary
of State shall enter the suspension and | 26 | | disqualification on 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. If this suspension is the
individual's first | 4 | | driver's license suspension under this Section, reports
| 5 | | received by the Secretary of State under this Section shall, | 6 | | except during the
time the suspension is in effect, be | 7 | | privileged information and for use only by
the courts, police | 8 | | officers, prosecuting authorities, the Secretary of State,
or | 9 | | the individual personally, unless the person is a CDL holder, | 10 | | is operating a commercial motor vehicle or vehicle required to | 11 | | be placarded for hazardous materials, in which case the | 12 | | suspension shall not be privileged.
Reports received by the | 13 | | Secretary of State under this Section shall also be made | 14 | | available to the parent or guardian of a person under the age | 15 | | of 18 years that holds an instruction permit or a graduated | 16 | | driver's license, regardless of whether the suspension is in | 17 | | effect.
| 18 | | The law enforcement officer submitting the sworn report | 19 | | shall serve immediate
notice of this suspension on the person | 20 | | and the suspension and disqualification shall
be effective on | 21 | | the 46th day following the date notice was given.
| 22 | | In cases where the blood alcohol concentration of more than | 23 | | 0.00 is
established by a subsequent analysis of blood or urine, | 24 | | the police officer or
arresting agency shall give notice as | 25 | | provided in this Section or by deposit
in the United States | 26 | | mail of that notice in an envelope with postage prepaid
and |
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|
| 1 | | addressed to that person at his last known address and the loss | 2 | | of driving
privileges shall be effective on the 46th day | 3 | | following the date notice was
given.
| 4 | | Upon receipt of the sworn report of a law enforcement | 5 | | officer, the Secretary
of State shall also give notice of the | 6 | | suspension and disqualification to the driver
by mailing a | 7 | | notice of the effective date of the suspension and | 8 | | disqualification to the individual.
However, should the sworn | 9 | | report be defective by not containing sufficient
information or | 10 | | be completed in error, the notice of the suspension and | 11 | | disqualification shall not be mailed to the person or entered | 12 | | to the driving record,
but rather the sworn report shall be | 13 | | returned to the issuing law enforcement
agency.
| 14 | | (e) A driver may contest this suspension and | 15 | | disqualification by requesting an
administrative hearing with | 16 | | the Secretary of State in accordance with Section
2-118 of this | 17 | | Code. An individual whose blood alcohol concentration is shown
| 18 | | to be more than 0.00 is not subject to this Section if he or she | 19 | | consumed
alcohol in the performance of a religious service or | 20 | | ceremony. An individual
whose blood alcohol concentration is | 21 | | shown to be more than 0.00 shall not be
subject to this Section | 22 | | if the individual's blood alcohol concentration
resulted only | 23 | | from ingestion of the prescribed or recommended dosage of
| 24 | | medicine that contained alcohol. The petition for that hearing | 25 | | shall not stay
or delay the effective date of the impending | 26 | | suspension. The scope of this
hearing shall be limited to the |
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|
| 1 | | issues of:
| 2 | | (1) whether the police officer had probable cause to | 3 | | believe that the
person was driving or in actual physical | 4 | | control of a motor vehicle upon the
public highways of the | 5 | | State and the police officer had reason to believe that
the | 6 | | person was in violation of any provision of the Illinois | 7 | | Vehicle Code or a
similar provision of a local ordinance; | 8 | | and
| 9 | | (2) whether the person was issued a Uniform Traffic | 10 | | Ticket for any
violation of the Illinois Vehicle Code or a | 11 | | similar provision of a local
ordinance; and
| 12 | | (3) whether the police officer had probable cause to | 13 | | believe that the
driver
had consumed any amount of an | 14 | | alcoholic beverage based upon the driver's
physical | 15 | | actions or other first-hand knowledge of the police | 16 | | officer; and
| 17 | | (4) whether the person, after being advised by the | 18 | | officer that the
privilege to operate a motor vehicle would | 19 | | be suspended if the person refused
to submit to and | 20 | | complete the test or tests, did refuse to submit to or
| 21 | | complete the test or tests to determine the person's | 22 | | alcohol concentration;
and
| 23 | | (5) whether the person, after being advised by the | 24 | | officer that the
privileges to operate a motor vehicle | 25 | | would be suspended if the person submits
to a chemical test | 26 | | or tests and the test or tests disclose an alcohol
|
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|
| 1 | | concentration of more than 0.00, did submit to and
complete | 2 | | the
test or tests that determined an alcohol concentration | 3 | | of more than 0.00; and
| 4 | | (6) whether the test result of an alcohol concentration | 5 | | of more than 0.00
was based upon the person's consumption | 6 | | of alcohol in the performance of a
religious service or | 7 | | ceremony; and
| 8 | | (7) whether the test result of an alcohol concentration | 9 | | of more than 0.00
was based upon the person's consumption | 10 | | of alcohol through ingestion of the
prescribed or | 11 | | recommended dosage of medicine.
| 12 | | At the conclusion of the hearing held under Section 2-118 | 13 | | of
this Code, the Secretary of State may rescind, continue, or | 14 | | modify the suspension and disqualification. If the Secretary of | 15 | | State does not rescind the suspension and disqualification, a
| 16 | | restricted driving permit may be granted by the Secretary of | 17 | | State upon
application being made and good cause shown. A | 18 | | restricted driving permit may be
granted to relieve undue | 19 | | hardship by allowing driving for employment,
educational, and | 20 | | medical purposes as outlined in item (3) of part (c) of
Section | 21 | | 6-206 of this Code. The provisions of item (3) of part (c) of | 22 | | Section
6-206 of this Code and of subsection (f) of that | 23 | | Section shall apply. The Secretary of State shall promulgate | 24 | | rules
providing for participation in an alcohol education and | 25 | | awareness program or
activity, a drug education and awareness | 26 | | program or activity, or both as a
condition to the issuance of |
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|
| 1 | | a restricted driving permit for suspensions
imposed under this | 2 | | Section.
| 3 | | (f) The results of any chemical testing performed in | 4 | | accordance with
subsection (a) of this Section are not | 5 | | admissible in any civil or criminal
proceeding, except that the | 6 | | results of the testing may be considered at a
hearing held | 7 | | under Section 2-118 of this Code. However, the results of
the | 8 | | testing may not be used to impose driver's license sanctions | 9 | | under
Section 11-501.1 of this Code. A law enforcement officer | 10 | | may, however, pursue
a statutory summary suspension of driving | 11 | | privileges under Section 11-501.1 of
this Code if other | 12 | | physical evidence or first hand knowledge forms the basis
of | 13 | | that suspension.
| 14 | | (g) This Section applies only to drivers who are under
age | 15 | | 21 at the time of the issuance of a Uniform Traffic Ticket for | 16 | | a
violation of the Illinois Vehicle Code or a similar provision | 17 | | of a local
ordinance, and a chemical test request is made under | 18 | | this Section.
| 19 | | (h) The action of the Secretary of State in suspending, | 20 | | revoking, cancelling, or
disqualifying any license or
permit | 21 | | shall be
subject to judicial review in the Circuit Court of | 22 | | Sangamon County or in the
Circuit Court of Cook County, and the | 23 | | provisions of the Administrative Review
Law and its rules are | 24 | | hereby adopted and shall apply to and govern every action
for | 25 | | the judicial review of final acts or decisions of the Secretary | 26 | | of State
under this Section.
|
| | | HB1702 Enrolled | - 45 - | LRB097 05814 HEP 45883 b |
|
| 1 | | (Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07; | 2 | | 95-627, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1080, eff. | 3 | | 7-16-10.) | 4 | | (Text of Section after amendment by P.A. 96-1344 )
| 5 | | Sec. 11-501.8. Suspension of driver's license; persons | 6 | | under age 21.
| 7 | | (a) A person who is less than 21 years of age and who | 8 | | drives or
is in actual physical control of a motor vehicle upon | 9 | | the
public highways of this State shall be deemed to have given | 10 | | consent to a
chemical test or tests of blood, breath, or urine | 11 | | for the purpose of
determining the alcohol content of the | 12 | | person's blood if arrested, as evidenced
by the issuance of a | 13 | | Uniform Traffic Ticket for any violation of the Illinois
| 14 | | Vehicle Code or a similar provision of a local ordinance, if a | 15 | | police officer
has probable cause to believe that the driver | 16 | | has consumed any amount of an
alcoholic beverage based upon | 17 | | evidence of the driver's physical condition or
other first hand | 18 | | knowledge of the police officer. The test or tests shall be
| 19 | | administered at the direction of the arresting officer. The law | 20 | | enforcement
agency employing the officer shall designate which | 21 | | of the aforesaid tests shall
be administered. A urine test may | 22 | | be administered even after a blood or
breath test or both has | 23 | | been administered.
| 24 | | (b) A person who is dead, unconscious, or who is otherwise | 25 | | in a condition
rendering that person incapable of refusal, |
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|
| 1 | | shall be deemed not to have
withdrawn the consent provided by | 2 | | paragraph (a) of this Section and the test or
tests may be | 3 | | administered subject to the following provisions:
| 4 | | (i) Chemical analysis of the person's blood, urine, | 5 | | breath, or
other bodily substance, to be considered valid | 6 | | under the provisions of this
Section, shall have been | 7 | | performed according to standards promulgated by the | 8 | | Department of State
Police
by an individual possessing a | 9 | | valid permit issued by that Department for this
purpose. | 10 | | The Director of State Police is authorized to approve | 11 | | satisfactory
techniques or methods, to ascertain the | 12 | | qualifications and competence of
individuals to conduct | 13 | | analyses, to issue permits that shall be subject to
| 14 | | termination or revocation at the direction of that | 15 | | Department, and to certify
the accuracy of breath testing | 16 | | equipment. The Department of
State Police shall prescribe | 17 | | regulations as necessary.
| 18 | | (ii) When a person submits to a blood test at the | 19 | | request of a law
enforcement officer under the provisions | 20 | | of this Section, only a physician
authorized to practice | 21 | | medicine, a licensed physician assistant, a licensed | 22 | | advanced practice nurse, a registered nurse, or other | 23 | | qualified person
trained in venipuncture and acting under | 24 | | the direction of a licensed physician
may withdraw blood | 25 | | for the purpose of determining the alcohol content therein.
| 26 | | This limitation does not apply to the taking of breath or |
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|
| 1 | | urine specimens.
| 2 | | (iii) The person tested may have a physician, qualified | 3 | | technician,
chemist, registered nurse, or other qualified | 4 | | person of his or her own choosing
administer a chemical | 5 | | test or tests in addition to any test or tests
administered | 6 | | at the direction of a law enforcement officer. The failure | 7 | | or
inability to obtain an additional test by a person shall | 8 | | not preclude the
consideration of the previously performed | 9 | | chemical test.
| 10 | | (iv) Upon a request of the person who submits to a | 11 | | chemical test or
tests at the request of a law enforcement | 12 | | officer, full information concerning
the test or tests | 13 | | shall be made available to the person or that person's
| 14 | | attorney.
| 15 | | (v) Alcohol concentration means either grams of | 16 | | alcohol per 100
milliliters of blood or grams of alcohol | 17 | | per 210 liters of breath.
| 18 | | (vi) If a driver is receiving medical treatment as a | 19 | | result of a motor
vehicle accident, a physician licensed to | 20 | | practice medicine, licensed physician assistant, licensed | 21 | | advanced practice nurse, registered nurse,
or other | 22 | | qualified person trained in venipuncture and
acting under | 23 | | the direction of a licensed physician shall
withdraw blood | 24 | | for testing purposes to ascertain the presence of alcohol | 25 | | upon
the specific request of a law enforcement officer. | 26 | | However, that testing
shall not be performed until, in the |
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|
| 1 | | 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 as provided | 5 | | above shall be warned
by the law enforcement officer requesting | 6 | | the test that a refusal to submit to
the test, or submission to | 7 | | the test resulting in an alcohol concentration of
more than | 8 | | 0.00, may result in the loss of that person's privilege to | 9 | | operate a
motor vehicle and may result in the disqualification | 10 | | of the person's privilege to operate a commercial motor | 11 | | vehicle, as provided in Section 6-514 of this Code, if the | 12 | | person is a CDL holder. The loss of driving privileges shall be | 13 | | imposed in accordance
with Section 6-208.2 of this Code.
| 14 | | (d) If the person refuses testing or submits to a test that | 15 | | discloses an
alcohol concentration of more than 0.00, the law | 16 | | enforcement officer shall
immediately submit a sworn report to | 17 | | the Secretary of State on a form
prescribed by the Secretary of | 18 | | State, certifying that the test or tests were
requested under | 19 | | subsection (a) and the person refused to submit to a test
or | 20 | | tests or submitted to testing which disclosed an alcohol | 21 | | concentration of
more than 0.00. The law enforcement officer | 22 | | shall submit the same sworn report
when a person under the age | 23 | | of 21 submits to testing under Section
11-501.1 of this Code | 24 | | and the testing discloses an alcohol concentration of
more than | 25 | | 0.00 and less than 0.08.
| 26 | | Upon receipt of the sworn report of a law enforcement |
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|
| 1 | | officer, the Secretary
of State shall enter the suspension and | 2 | | disqualification on the individual's driving
record and the | 3 | | suspension and disqualification shall be effective on the 46th | 4 | | day following the date
notice of the suspension was given to | 5 | | the person. If this suspension is the
individual's first | 6 | | driver's license suspension under this Section, reports
| 7 | | received by the Secretary of State under this Section shall, | 8 | | except during the
time the suspension is in effect, be | 9 | | privileged information and for use only by
the courts, police | 10 | | officers, prosecuting authorities, the Secretary of State,
or | 11 | | the individual personally, unless the person is a CDL holder, | 12 | | is operating a commercial motor vehicle or vehicle required to | 13 | | be placarded for hazardous materials, in which case the | 14 | | suspension shall not be privileged.
Reports received by the | 15 | | Secretary of State under this Section shall also be made | 16 | | available to the parent or guardian of a person under the age | 17 | | of 18 years that holds an instruction permit or a graduated | 18 | | driver's license, regardless of whether the suspension is in | 19 | | effect.
| 20 | | The law enforcement officer submitting the sworn report | 21 | | shall serve immediate
notice of this suspension on the person | 22 | | and the suspension and disqualification shall
be effective on | 23 | | the 46th day following the date notice was given.
| 24 | | In cases where the blood alcohol concentration of more than | 25 | | 0.00 is
established by a subsequent analysis of blood or urine, | 26 | | the police officer or
arresting agency shall give notice as |
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|
| 1 | | provided in this Section or by deposit
in the United States | 2 | | mail of that notice in an envelope with postage prepaid
and | 3 | | addressed to that person at his last known address and the loss | 4 | | of driving
privileges shall be effective on the 46th day | 5 | | following the date notice was
given.
| 6 | | Upon receipt of the sworn report of a law enforcement | 7 | | officer, the Secretary
of State shall also give notice of the | 8 | | suspension and disqualification to the driver
by mailing a | 9 | | notice of the effective date of the suspension and | 10 | | disqualification to the individual.
However, should the sworn | 11 | | report be defective by not containing sufficient
information or | 12 | | be completed in error, the notice of the suspension and | 13 | | disqualification shall not be mailed to the person or entered | 14 | | to the driving record,
but rather the sworn report shall be | 15 | | returned to the issuing law enforcement
agency.
| 16 | | (e) A driver may contest this suspension and | 17 | | disqualification by requesting an
administrative hearing with | 18 | | the Secretary of State in accordance with Section
2-118 of this | 19 | | Code. An individual whose blood alcohol concentration is shown
| 20 | | to be more than 0.00 is not subject to this Section if he or she | 21 | | consumed
alcohol in the performance of a religious service or | 22 | | ceremony. An individual
whose blood alcohol concentration is | 23 | | shown to be more than 0.00 shall not be
subject to this Section | 24 | | if the individual's blood alcohol concentration
resulted only | 25 | | from ingestion of the prescribed or recommended dosage of
| 26 | | medicine that contained alcohol. The petition for that hearing |
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|
| 1 | | shall not stay
or delay the effective date of the impending | 2 | | suspension. The scope of this
hearing shall be limited to the | 3 | | issues of:
| 4 | | (1) whether the police officer had probable cause to | 5 | | believe that the
person was driving or in actual physical | 6 | | control of a motor vehicle upon the
public highways of the | 7 | | State and the police officer had reason to believe that
the | 8 | | person was in violation of any provision of the Illinois | 9 | | Vehicle Code or a
similar provision of a local ordinance; | 10 | | and
| 11 | | (2) whether the person was issued a Uniform Traffic | 12 | | Ticket for any
violation of the Illinois Vehicle Code or a | 13 | | similar provision of a local
ordinance; and
| 14 | | (3) whether the police officer had probable cause to | 15 | | believe that the
driver
had consumed any amount of an | 16 | | alcoholic beverage based upon the driver's
physical | 17 | | actions or other first-hand knowledge of the police | 18 | | officer; and
| 19 | | (4) whether the person, after being advised by the | 20 | | officer that the
privilege to operate a motor vehicle would | 21 | | be suspended if the person refused
to submit to and | 22 | | complete the test or tests, did refuse to submit to or
| 23 | | complete the test or tests to determine the person's | 24 | | alcohol concentration;
and
| 25 | | (5) whether the person, after being advised by the | 26 | | officer that the
privileges to operate a motor vehicle |
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|
| 1 | | would be suspended if the person submits
to a chemical test | 2 | | or tests and the test or tests disclose an alcohol
| 3 | | concentration of more than 0.00, did submit to and
complete | 4 | | the
test or tests that determined an alcohol concentration | 5 | | of more than 0.00; and
| 6 | | (6) whether the test result of an alcohol concentration | 7 | | of more than 0.00
was based upon the person's consumption | 8 | | of alcohol in the performance of a
religious service or | 9 | | ceremony; and
| 10 | | (7) whether the test result of an alcohol concentration | 11 | | of more than 0.00
was based upon the person's consumption | 12 | | of alcohol through ingestion of the
prescribed or | 13 | | recommended dosage of medicine.
| 14 | | At the conclusion of the hearing held under Section 2-118 | 15 | | of
this Code, the Secretary of State may rescind, continue, or | 16 | | modify the suspension and disqualification. If the Secretary of | 17 | | State does not rescind the suspension and disqualification, a
| 18 | | restricted driving permit may be granted by the Secretary of | 19 | | State upon
application being made and good cause shown. A | 20 | | restricted driving permit may be
granted to relieve undue | 21 | | hardship by allowing driving for employment,
educational, and | 22 | | medical purposes as outlined in item (3) of part (c) of
Section | 23 | | 6-206 of this Code. The provisions of item (3) of part (c) of | 24 | | Section
6-206 of this Code and of subsection (f) of that | 25 | | Section shall apply. The Secretary of State shall promulgate | 26 | | rules
providing for participation in an alcohol education and |
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|
| 1 | | awareness program or
activity, a drug education and awareness | 2 | | program or activity, or both as a
condition to the issuance of | 3 | | a restricted driving permit for suspensions
imposed under this | 4 | | Section.
| 5 | | (f) The results of any chemical testing performed in | 6 | | accordance with
subsection (a) of this Section are not | 7 | | admissible in any civil or criminal
proceeding, except that the | 8 | | results of the testing may be considered at a
hearing held | 9 | | under Section 2-118 of this Code. However, the results of
the | 10 | | testing may not be used to impose driver's license sanctions | 11 | | under
Section 11-501.1 of this Code. A law enforcement officer | 12 | | may, however, pursue
a statutory summary suspension or | 13 | | revocation of driving privileges under Section 11-501.1 of
this | 14 | | Code if other physical evidence or first hand knowledge forms | 15 | | the basis
of that suspension or revocation.
| 16 | | (g) This Section applies only to drivers who are under
age | 17 | | 21 at the time of the issuance of a Uniform Traffic Ticket for | 18 | | a
violation of the Illinois Vehicle Code or a similar provision | 19 | | of a local
ordinance, and a chemical test request is made under | 20 | | this Section.
| 21 | | (h) The action of the Secretary of State in suspending, | 22 | | revoking, cancelling, or
disqualifying any license or
permit | 23 | | shall be
subject to judicial review in the Circuit Court of | 24 | | Sangamon County or in the
Circuit Court of Cook County, and the | 25 | | provisions of the Administrative Review
Law and its rules are | 26 | | hereby adopted and shall apply to and govern every action
for |
| | | HB1702 Enrolled | - 54 - | LRB097 05814 HEP 45883 b |
|
| 1 | | the judicial review of final acts or decisions of the Secretary | 2 | | of State
under this Section.
| 3 | | (Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07; | 4 | | 95-627, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1080, eff. | 5 | | 7-16-10; 96-1344, eff. 7-1-11; revised 9-2-10.) | 6 | | Section 95. No acceleration or delay. Where this Act makes | 7 | | changes in a statute that is represented in this Act by text | 8 | | that is not yet or no longer in effect (for example, a Section | 9 | | represented by multiple versions), the use of that text does | 10 | | not accelerate or delay the taking effect of (i) the changes | 11 | | made by this Act or (ii) provisions derived from any other | 12 | | Public Act.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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