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90_HB3360
625 ILCS 5/8-100 new
625 ILCS 5/8-117 new
625 ILCS 5/8-118 new
625 ILCS 5/8-119 new
625 ILCS 5/8-120 new
625 ILCS 5/8-121 new
Amends the Illinois Vehicle Code. Provides that the
Secretary of State shall revoke a driver's license for (i)
refusing to submit to a test to determine the driver's blood
concentration of alcohol or drugs while driving a motor
vehicle for the carriage of passengers for hire, (ii)
operating a motor vehicle for the carriage of passengers for
hire while the alcohol concentration is at least 0.04 or any
amount of a drug is in the person's blood or urine, or (iii)
driving a motor vehicle for the carriage of passengers for
hire while under the influence to a degree that renders the
person incapable of safely driving. Provides that a person
may not drive a motor vehicle for the carriage of passengers
for hire while having any alcohol or drug in the person's
system. Provides that a person who drives a motor vehicle
for the carriage of passengers for hire while having any
alcohol or drugs in the person's system or who refuses to
submit to a test may not drive a motor vehicle for the
carriage of passengers for hire for at least 24 hours.
Effective immediately.
LRB9007394NTsb
LRB9007394NTsb
1 AN ACT concerning vehicles, amending a named Act.
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
5 adding Sections 8-100, 8-117, 8-118, 8-119, 8-120, and 8-121
6 as follows:
7 (625 ILCS 5/8-100 new)
8 Sec. 8-100. Definitions. Notwithstanding the
9 definitions set forth elsewhere in this Code, for purposes of
10 this Chapter the words and phrases listed below shall have
11 the meanings ascribed to them as follows:
12 "Alcohol" means any substance containing any form of
13 alcohol, including but not limited to ethanol, methanol,
14 propanol, and isopropanol.
15 "Alcohol concentration" means:
16 (1) the number of grams of alcohol per 210 liters
17 of breath; or
18 (2) the number of grams of alcohol per 100
19 milliliters of blood; or
20 (3) the number of grams of alcohol per 67
21 milliliters of urine.
22 Alcohol tests administered within 2 hours of the driver
23 being "stopped or detained" shall be considered that driver's
24 "alcohol concentration" for the purposes of enforcing this
25 Chapter.
26 "Controlled substance" shall have the same meaning as
27 defined in Section 102 of the Illinois Controlled Substances
28 Act and shall also include cannabis as defined in Section 3
29 of the Cannabis Control Act.
30 "Conviction" means an unvacated adjudication of guilt or
31 a determination that a person has violated or failed to
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1 comply with the law in a court of original jurisdiction or an
2 authorized administrative tribunal, an unvacated forfeiture
3 of bail or collateral deposited to secure the person's
4 appearance in court, the payment of a fine or court cost
5 regardless of whether the imposition of sentence is deferred
6 and ultimately a judgment dismissing the underlying charge is
7 entered, or a violation of a condition of release without
8 bail, regardless of whether or not the penalty is rebated,
9 suspended or probated.
10 "Out-of-service order" means a temporary prohibition
11 against driving a motor vehicle for the carriage of
12 passengers for hire.
13 (625 ILCS 5/8-117 new)
14 Sec. 8-117. License revocation; driving while under the
15 influence of alcohol, other drug, or combination of both.
16 (a) The Secretary shall revoke the license of any driver
17 for:
18 (1) Refusing to submit to or failure to complete a
19 test or tests to determine the driver's blood
20 concentration of alcohol, other drug, or both while
21 driving a motor vehicle for the carriage of passengers
22 for hire; or
23 (2) Operating a motor vehicle for the carriage of
24 passengers for hire while the alcohol concentration of
25 the person's blood, breath, or urine is at least 0.04, or
26 any amount of a drug, substance, or compound in the
27 person's blood or urine resulting from the unlawful use
28 or consumption of cannabis listed in the Cannabis Control
29 Act or a controlled substance listed in the Illinois
30 Controlled Substances Act as indicated by a police
31 officer's sworn report or other verified evidence; or
32 (3) Driving a motor vehicle for the carriage of
33 passengers for hire while under the influence of alcohol
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1 or any other drug or combination of drugs to a degree
2 that renders the person incapable of safely driving.
3 (b) After revoking a driver's license under this
4 Section, the Secretary must update the driver's records to
5 reflect the action within 10 days.
6 (625 ILCS 5/8-118 new)
7 Sec. 8-118. Prohibition against driving while having any
8 alcohol, other drug, or both in the driver's system.
9 (a) Notwithstanding any other provisions of this Code, a
10 person shall not drive a motor vehicle for the carriage of
11 passengers for hire while having any alcohol, other drug, or
12 both in the person's system.
13 (b) A person who drives a motor vehicle for the carriage
14 of passengers for hire while having any alcohol, other drug,
15 or both in the person's system or who refuses to submit to or
16 fails to complete an alcohol or other drug test or tests
17 pursuant to Section 8-120, as evidenced by the issuance of a
18 Sworn Report by a police officer, must be placed
19 "out-of-service" for at least 24 hours in that the person may
20 not drive a motor vehicle for the carriage of passengers for
21 hire.
22 (c) The police officer shall provide the Secretary with
23 a copy of all Sworn Reports issued pursuant to this Chapter.
24 (d) The "out-of-service" referred to in this Section may
25 be entered to the record of any Illinois motor vehicle driver
26 by the Secretary.
27 (625 ILCS 5/8-119 new)
28 Sec. 8-119. Implied consent requirements.
29 (a) Any person who drives a motor vehicle for the
30 carriage of passengers for hire is deemed to have given
31 consent to submit to a test or tests, subject to the
32 provisions of Section 11-501.2 of this Code, of the person's
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1 breath, blood, or urine for the purpose of determining the
2 presence of alcohol or other drugs in the person's system.
3 (b) A test or tests may be administered at the direction
4 of a law enforcement officer, who, after stopping or
5 detaining the motor vehicle driver, has probable cause to
6 believe that driver was driving a motor vehicle for the
7 carriage of passengers for hire while having alcohol or any
8 amount of a drug, substance, or compound resulting from the
9 unlawful use or consumption of cannabis listed in the
10 Cannabis Control Act or a controlled substance listed in the
11 Illinois Controlled Substances Act in the driver's system.
12 (625 ILCS 5/8-120 new)
13 Sec. 8-120. Implied consent warnings.
14 (a) Any person driving a motor vehicle for the carriage
15 of passengers for hire who is requested by a police officer,
16 pursuant to Section 8-119, to submit to a chemical test or
17 tests to determine the alcohol concentration or any amount of
18 a drug, substance, or compound resulting from the unlawful
19 use or consumption of cannabis listed in the Cannabis Control
20 Act or a controlled substance listed in the Illinois
21 Controlled Substances Act in the person's system must be
22 warned by the police officer requesting the test or tests
23 that a refusal to submit to the test or tests will result in
24 that person being immediately placed out-of-service for a
25 period of 24 hours and will result in the revocation of the
26 person's license. The person shall also be warned that if
27 the person submits to testing that discloses an alcohol
28 concentration of greater than 0.00 but less than 0.04 or any
29 amount of a drug, substance, or compound in the person's
30 blood or urine resulting from the unlawful use or consumption
31 of cannabis listed in the Cannabis Control Act or a
32 controlled substance listed in the Illinois Controlled
33 Substances Act, the person shall be placed immediately
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1 out-of-service for a period of 24 hours. If the person
2 submits to testing that discloses an alcohol concentration of
3 0.04 or more or any amount of a drug, substance, or compound
4 in the person's blood or urine resulting from the unlawful
5 use or consumption of cannabis listed in the Cannabis Control
6 Act or a controlled substance listed in the Illinois
7 Controlled Substances Act, the person shall be placed
8 immediately out-of-service and shall have his or her license
9 revoked. Also the person shall be warned that if the testing
10 discloses an alcohol concentration of 0.08 or more or any
11 amount of a drug, substance, or compound in the person's
12 blood or urine resulting from the unlawful use or consumption
13 of cannabis listed in the Cannabis Control Act or a
14 controlled substance listed in the Illinois Controlled
15 Substances Act, in addition to the person being immediately
16 placed out-of-service and having his or her license revoked,
17 the results of the testing shall also be admissible in
18 prosecutions for violations of Section 11-501 of this Code or
19 similar violations of local ordinances; however, the results
20 shall not be used to impose any driving sanctions pursuant to
21 Section 11-501.1 of this Code.
22 (b) If the person refuses or fails to complete testing
23 or submits to a test that discloses an alcohol concentration
24 of at least 0.04 or any amount of a drug, substance, or
25 compound in the person's blood or urine resulting from the
26 unlawful use or consumption of cannabis listed in the
27 Cannabis Control Act or a controlled substance listed in the
28 Illinois Controlled Substances Act, the law enforcement
29 officer must submit a Sworn Report to the Secretary, in a
30 form prescribed by the Secretary, certifying that the test or
31 tests were requested pursuant to subsection (a) of this
32 Section, that the person was warned, as provided in
33 subsection (a) of this Section, and that the person refused
34 to submit to or failed to complete testing or submitted to a
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1 test that disclosed an alcohol concentration of 0.04 or more
2 or any amount of a drug, substance, or compound in the
3 person's blood or urine resulting from the unlawful use or
4 consumption of cannabis listed in the Cannabis Control Act or
5 a controlled substance listed in the Illinois Controlled
6 Substances Act.
7 (c) The police officer submitting the Sworn Report under
8 this Section shall serve notice of the license revocation on
9 the person and the license revocation shall be effective as
10 provided in subsection (d) of this Section. In cases where
11 the blood alcohol concentration of 0.04 or more or any amount
12 of a drug, substance, or 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 or a controlled
15 substance listed in the Illinois Controlled Substances Act is
16 established by subsequent analysis of blood or urine
17 collected at the time of the request, the police officer
18 shall give notice as provided in this Section or by deposit
19 in the United States mail of the notice as provided in this
20 Section or by deposit in the United States mail of the notice
21 in an envelope with postage prepaid and addressed to the
22 person's domiciliary address as shown on the Sworn Report and
23 the license revocation shall begin as provided in subsection
24 (d) of this Section.
25 (d) The license revocation referred to in this Section
26 shall take effect on the 46th day following the date the
27 Sworn Report was given to the affected person.
28 (e) Upon receipt of the Sworn Report from the police
29 officer, the Secretary shall revoke the person's license and
30 shall confirm the license revocation by mailing the notice of
31 the effective date to the person. However, should the Sworn
32 Report be defective by not containing sufficient information
33 or be completed in error, the confirmation of the license
34 revocation shall not be mailed to the affected person or
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1 entered into the record; instead, the Sworn Report shall be
2 forwarded to the issuing agency identifying any such defect.
3 (625 ILCS 5/8-121 new)
4 Sec. 8-121. License revocation or out-of-service order;
5 hearing.
6 (a) A license revocation by the Secretary, pursuant to
7 this Chapter, shall not become effective until the person is
8 notified in writing, by the Secretary, of the impending
9 revocation and advised that a hearing may be requested.
10 (b) Upon receipt of the notice of a license revocation
11 not based upon a conviction, an out-of-service order, or
12 notification that a license revocation is forthcoming, the
13 person may make a written petition in a form, approved by the
14 Secretary, for a hearing. The petition must state the
15 grounds upon which the person seeks to have the license
16 revocation rescinded or the out-of-service order removed from
17 the person's driving record. Within 10 days after the
18 receipt of the petition, it shall be reviewed by the Director
19 of the Department of Administrative Hearings, Office of the
20 Secretary of State, or by an appointed designee. If it is
21 determined that the petition on its face does not state
22 grounds upon which the relief may be based, the petition for
23 a hearing shall be denied and the revocation shall become
24 effective as if no petition had been filed and the
25 out-of-service order shall be sustained. If the petition is
26 so denied, the person may submit another petition.
27 (c) The scope of a hearing for any revocation imposed
28 pursuant to Section 8-117 of this Code shall be limited to
29 the following issues:
30 (1) Whether the person was operating a motor
31 vehicle for the carriage of passengers for hire;
32 (2) Whether, after making the initial stop, the
33 police officer had probable cause to issue a Sworn
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1 Report;
2 (3) Whether the person was verbally warned of the
3 ensuing consequences prior to submitting to any type of
4 chemical test or tests to determine the person's blood
5 concentration of alcohol, other drug, or both;
6 (4) Whether the person did refuse to submit to or
7 failed to complete the chemical testing or did submit to
8 the test or tests and the test or tests disclosed an
9 alcohol concentration of at least 0.04 or any amount of a
10 drug, substance, or compound resulting from the unlawful
11 use or consumption of cannabis listed in the Cannabis
12 Control Act or a controlled substance listed in the
13 Illinois Controlled Substances Act in the person's
14 system;
15 (5) Whether the person was warned that if the test
16 or tests disclosed an alcohol concentration of 0.08 or
17 more or any amount of a drug, substance, or compound
18 resulting from the unlawful use or consumption of
19 cannabis listed in the Cannabis Control Act or a
20 controlled substance listed in the Illinois Controlled
21 Substances Act, the results could be admissible in a
22 subsequent prosecution under Section 11-501 of this Code
23 or similar provision of local ordinances; and
24 (6) That the results could not be used to impose
25 any driver's license sanctions pursuant to Section
26 11-501.1.
27 Upon the conclusion of the hearing, the license
28 revocation imposed shall either be sustained or rescinded.
29 (d) The scope of a hearing for any out-of-service
30 sanction, imposed pursuant to Section 8-118, shall be limited
31 to the following issues:
32 (1) Whether the person was driving a motor vehicle
33 for the carriage of passengers for hire;
34 (2) Whether, while driving the motor vehicle for
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1 the carriage of passengers for hire, the person had
2 alcohol or any amount of a drug, substance, or compound
3 resulting from the unlawful use or consumption of
4 cannabis listed in the Cannabis Control Act or a
5 controlled substance listed in the Illinois Controlled
6 Substances Act in the person's system; or
7 (3) Whether the person was verbally warned of the
8 ensuing consequences prior to being asked to submit to
9 any type of chemical test or tests to determine the
10 person's alcohol, other drug, or both, concentration; and
11 whether, after being so warned, the person did refuse to
12 submit to or failed to complete the chemical test or
13 tests or did submit to the test or tests and the test or
14 tests disclosed an alcohol concentration greater than
15 0.00 or any amount of a drug, substance, or compound
16 resulting from the unlawful use or consumption of
17 cannabis listed in the Cannabis Control Act or a
18 controlled substance listed in the Illinois Controlled
19 Substances Act. Upon the conclusion of the hearing, the
20 out-of-service sanction shall either be sustained or
21 removed from the person's driving record.
22 (e) If any person petitions for a hearing relating to
23 any license revocation based upon a conviction, as defined in
24 this Chapter, the hearing shall not be conducted as a hearing
25 under this Section, but shall be conducted as any other
26 driver's license hearing, whether formal or informal, as
27 promulgated in the rules of the Secretary.
28 (f) Any evidence of alcohol or other drug consumption,
29 for the purposes of this Chapter, shall be sufficient
30 probable cause for requesting the driver to submit to a
31 chemical test or tests to determine the presence of alcohol,
32 other drug, or both in the person's system and the subsequent
33 issuance of an out-of-service order or a Sworn Report by a
34 police officer.
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1 (g) For the purposes of this Section, a "hearing" shall
2 mean a hearing before the Office of the Secretary of State in
3 accordance with Section 2-118 of this Code, for the purpose
4 of resolving differences or disputes specifically related to
5 the scope of the issues identified in this Section. These
6 proceedings will be a matter of record and a final appealable
7 order issued. The petition for a hearing shall not stay or
8 delay the effective date of the impending revocation.
9 (h) The hearing may be conducted upon a review of the
10 police officer's own official reports, provided however, that
11 the petitioner may subpoena the officer. Failure of the
12 officer to answer the subpoena shall be grounds for a
13 continuance.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.