State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

90_SB1289enr

      625 ILCS 5/6-201          from Ch. 95 1/2, par. 6-201
      625 ILCS 5/6-203.1        from Ch. 95 1/2, par. 6-203.1
      625 ILCS 5/6-205          from Ch. 95 1/2, par. 6-205
      625 ILCS 5/6-206.1        from Ch. 95 1/2, par. 6-206.1
      625 ILCS 5/6-207          from Ch. 95 1/2, par. 6-207
      625 ILCS 5/6-208.1        from Ch. 95 1/2, par. 6-208.1
      625 ILCS 5/11-500         from Ch. 95 1/2, par. 11-500
      625 ILCS 5/11-501         from Ch. 95 1/2, par. 11-501
      625 ILCS 5/11-501.1       from Ch. 95 1/2, par. 11-501.1
      625 ILCS 5/11-501.2       from Ch. 95 1/2, par. 11-501.2
      625 ILCS 5/11-501.4       from Ch. 95 1/2, par. 11-501.4
      625 ILCS 5/11-501.4-1
      625 ILCS 5/11-501.6       from Ch. 95 1/2, par. 11-501.6
      625 ILCS 5/20-204         from Ch. 95 1/2, par. 20-204
          Amends the Illinois Vehicle Code.  Provides that  various
      provisions  of  the  Code  that  relate  to driving under the
      influence of alcohol or drugs  apply  to  driving  under  the
      influence  of  intoxicating  compounds  listed  in the Use of
      Intoxicating Compounds Act.   Prohibits  municipalities  from
      enforcing the statutory summary suspension provisions.
                                                     LRB9008469RCks
SB1289 Enrolled                                LRB9008469RCks
 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Sections 6-201,  6-203.1,  6-205,  6-206.1,  6-207,  6-208.1,
 3    11-500, 11-501, 11-501.1, 11-501.2, 11-501.4, 11-501.4-1, and
 4    11-501.6.
 5        Be  it  enacted  by  the People of the State of Illinois,
 6    represented in the General Assembly:
 7        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 8    changing  Sections  6-201,  6-203.1,  6-205,  6-206.1, 6-207,
 9    6-208.1,  11-500,  11-501,  11-501.1,   11-501.2,   11-501.4,
10    11-501.4-1, and 11-501.6 as follows:
11        (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
12        Sec. 6-201.  Authority to cancel licenses and permits.
13        (a)  The  Secretary  of State is authorized to cancel any
14    license or permit upon determining that the holder thereof:
15             1.  was  not  entitled  to  the   issuance   thereof
16        hereunder; or
17             2.  failed   to   give   the   required  or  correct
18        information in his application; or
19             3.  failed to pay any fees, civil penalties owed  to
20        the Illinois Commerce Commission, or taxes due under this
21        Act and upon reasonable notice and demand; or
22             4.  committed  any  fraud  in  the  making  of  such
23        application; or
24             5.  is  ineligible  therefor under the provisions of
25        Section 6-103 of this Act, as amended; or
26             6.  has refused or neglected to submit  an  alcohol,
27        and  drug,  and  intoxicating  compound  evaluation or to
28        submit to examination or re-examination as required under
29        this Act; or
30             7.  has been  convicted of  violating  the  Cannabis
31        Control  Act,  or the Illinois Controlled Substances Act,
SB1289 Enrolled            -2-                 LRB9008469RCks
 1        or the Use  of  Intoxicating  Compounds  Act  while  that
 2        individual  was  in  actual  physical  control of a motor
 3        vehicle. For purposes of this Section, any person  placed
 4        on probation under Section 10 of the Cannabis Control Act
 5        or  Section 410 of the Illinois Controlled Substances Act
 6        shall not  be  considered  convicted.  Any  person  found
 7        guilty  of this offense, while in actual physical control
 8        of a motor vehicle, shall have an entry made in the court
 9        record by the judge that this offense did occur while the
10        person was in actual physical control of a motor  vehicle
11        and  order the clerk of the court to report the violation
12        to  the  Secretary  of   State   as   such.   After   the
13        cancellation,  the  Secretary  of State shall not issue a
14        new license or permit for a period of one year after  the
15        date  of  cancellation.  However,  upon  application, the
16        Secretary of State may,  if  satisfied  that  the  person
17        applying will not endanger the public safety, or welfare,
18        issue  a restricted driving permit granting the privilege
19        of driving a motor vehicle between the person's residence
20        and person's place of employment or within the  scope  of
21        the  person's  employment  related  duties,  or  to allow
22        transportation for the person or a  household  member  of
23        the  person's family for the receipt of necessary medical
24        care  or,  if  the  professional  evaluation   indicates,
25        provide  transportation  for  the  petitioner for alcohol
26        remedial or rehabilitative activity, or for the person to
27        attend  classes,  as  a   student,   in   an   accredited
28        educational   institution;  if  the  person  is  able  to
29        demonstrate that no alternative means  of  transportation
30        is  reasonably  available;  provided that the Secretary's
31        discretion shall be limited to cases where undue hardship
32        would result from a  failure  to  issue  such  restricted
33        driving  permit.  In each case the Secretary of State may
34        issue such restricted driving permit for such  period  as
SB1289 Enrolled            -3-                 LRB9008469RCks
 1        he  deems  appropriate,  except  that  such  permit shall
 2        expire within one year from  the  date  of  issuance.   A
 3        restricted  driving  permit  issued  hereunder  shall  be
 4        subject to cancellation, revocation and suspension by the
 5        Secretary of State in like manner and for like cause as a
 6        driver's  license  issued  hereunder  may  be  cancelled,
 7        revoked  or  suspended; except that a conviction upon one
 8        or more offenses against laws  or  ordinances  regulating
 9        the  movement of traffic shall be deemed sufficient cause
10        for the  revocation,  suspension  or  cancellation  of  a
11        restricted  driving  permit.  The Secretary of State may,
12        as a condition to the issuance of  a  restricted  driving
13        permit,  require the applicant to participate in a driver
14        remedial or rehabilitative program; or
15             8.  failed to submit a report as required by Section
16        6-116.5 of this Code.
17        (b)  Upon such cancellation  the  licensee  or  permittee
18    must  surrender  the  license  or  permit so cancelled to the
19    Secretary of State.
20        (c)  Except as provided in Sections 6-206.1 and  7-702.1,
21    the  Secretary  of  State  shall  have exclusive authority to
22    grant,  issue,  deny,  cancel,  suspend  and  revoke  driving
23    privileges, drivers' licenses and restricted driving permits.
24    (Source: P.A. 88-212; 88-415; 88-670,  eff.  12-2-94;  89-92,
25    eff. 7-1-96; 89-584, eff. 7-31-96.)
26        (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
27        Sec.  6-203.1.   (a) The Secretary of State is authorized
28    to suspend the driving  privileges  of  persons  arrested  in
29    another  state  for  driving  under the influence of alcohol,
30    other drug or drugs, or intoxicating compound  or  compounds,
31    or any a combination thereof, or a similar provision, and who
32    has  refused  to submit to a chemical test or tests under the
33    provisions of implied consent.
SB1289 Enrolled            -4-                 LRB9008469RCks
 1        (b)  When a driving privilege has been  suspended  for  a
 2    refusal  as  provided  in  paragraph  (a)  and  the person is
 3    subsequently convicted of the underlying charge, for the same
 4    incident, any period served on suspension shall  be  credited
 5    toward the minimum period of revocation of driving privileges
 6    imposed pursuant to Section 6-206.
 7    (Source: P.A. 84-1394.)
 8        (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
 9        Sec.  6-205.  Mandatory  revocation of license or permit;
10    Hardship cases.
11        (a)  Except as provided in this Section, the Secretary of
12    State shall immediately revoke the license or permit  of  any
13    driver  upon receiving a report of the driver's conviction of
14    any of the following offenses:
15             1.  Reckless homicide resulting from  the  operation
16        of a motor vehicle;
17             2.  Violation  of  Section  11-501 of this Code or a
18        similar provision of a local ordinance  relating  to  the
19        offense  of  operating  or being in physical control of a
20        vehicle while under the influence of alcohol, other  drug
21        or  drugs,  intoxicating  compound  or  compounds, or any
22        combination thereof of both;
23             3.  Any felony under the laws of any  State  or  the
24        federal  government  in  the  commission of which a motor
25        vehicle was used;
26             4.  Violation  of  Section  11-401  of   this   Code
27        relating to the offense of leaving the scene of a traffic
28        accident involving death or personal injury;
29             5.  Perjury  or  the  making of a false affidavit or
30        statement under oath to the Secretary of State under this
31        Code or under any other law relating to the ownership  or
32        operation of motor vehicles;
33             6.  Conviction   upon  3  charges  of  violation  of
SB1289 Enrolled            -5-                 LRB9008469RCks
 1        Section 11-503 of this Code relating to  the  offense  of
 2        reckless driving committed within a period of 12 months;
 3             7.  Conviction of the offense of automobile theft as
 4        defined in Section 4-102 of this Code;
 5             8.  Violation   of   Section  11-504  of  this  Code
 6        relating to the offense of drag racing;
 7             9.  Violation of Chapters 8 and 9 of this Code;
 8             10.  Violation of Section 12-5 of the Criminal  Code
 9        of 1961 arising from the use of a motor vehicle;
10             11.  Violation  of  Section  11-204.1  of  this Code
11        relating to aggravated fleeing or attempting to  elude  a
12        police officer;
13             12.  Violation of paragraph (1) of subsection (b) of
14        Section  6-507,  or  a  similar  law  of any other state,
15        relating to the unlawful operation of a commercial  motor
16        vehicle;
17             13.  Violation of paragraph (a) of Section 11-502 of
18        this  Code or a similar provision of a local ordinance if
19        the driver has been previously convicted of  a  violation
20        of  that  Section  or  a  similar  provision  of  a local
21        ordinance and the driver was less than 21 years of age at
22        the time of the offense.
23        (b)  The Secretary of State shall also immediately revoke
24    the  license  or  permit  of  any  driver  in  the  following
25    situations:
26             1.  Of any minor upon receiving the notice  provided
27        for in Section 1-8 of the Juvenile Court Act of 1987 that
28        the  minor  has been adjudicated under that Act as having
29        committed  an  offense   relating   to   motor   vehicles
30        prescribed in Section 4-103 of this Code;
31             2.  Of  any  person when any other law of this State
32        requires either the revocation or suspension of a license
33        or permit.
34        (c)  Whenever  a  person  is  convicted  of  any  of  the
SB1289 Enrolled            -6-                 LRB9008469RCks
 1    offenses enumerated in this Section, the court may  recommend
 2    and  the Secretary of State in his discretion, without regard
 3    to whether the recommendation is made by the court, may, upon
 4    application, issue to the person a restricted driving  permit
 5    granting the privilege of driving a motor vehicle between the
 6    petitioner's  residence  and petitioner's place of employment
 7    or within the scope of the  petitioner's  employment  related
 8    duties,  or  to  allow transportation for the petitioner or a
 9    household member of the petitioner's family for  the  receipt
10    of  necessary medical care or, if the professional evaluation
11    indicates, provide  transportation  for  the  petitioner  for
12    alcohol  remedial  or  rehabilitative  activity,  or  for the
13    petitioner to attend classes, as a student, in an  accredited
14    educational   institution;  if  the  petitioner  is  able  to
15    demonstrate that no alternative means  of  transportation  is
16    reasonably available and the petitioner will not endanger the
17    public  safety  or  welfare;  provided  that  the Secretary's
18    discretion shall be limited to  cases  where  undue  hardship
19    would  result  from a failure to issue the restricted driving
20    permit. In each case the  Secretary  of  State  may  issue  a
21    restricted  driving permit for a period he deems appropriate,
22    except that the permit shall expire within one year from  the
23    date  of  issuance.  A restricted driving permit issued under
24    this Section shall be subject  to  cancellation,  revocation,
25    and  suspension  by the Secretary of State in like manner and
26    for like cause as a driver's license issued under  this  Code
27    may  be  cancelled,  revoked,  or  suspended;  except  that a
28    conviction  upon  one  or  more  offenses  against  laws   or
29    ordinances regulating the movement of traffic shall be deemed
30    sufficient   cause   for   the   revocation,  suspension,  or
31    cancellation of a restricted driving permit. The Secretary of
32    State may, as a condition to the  issuance  of  a  restricted
33    driving  permit,  require  the  applicant to participate in a
34    designated driver remedial  or  rehabilitative  program.  The
SB1289 Enrolled            -7-                 LRB9008469RCks
 1    Secretary  of  State  is  authorized  to  cancel a restricted
 2    driving permit if the permit  holder  does  not  successfully
 3    complete  the  program.  However,  if an individual's driving
 4    privileges have been revoked in accordance with paragraph  13
 5    of  subsection  (a)  of  this  Section, no restricted driving
 6    permit shall be issued until  the  individual  has  served  6
 7    months of the revocation period.
 8        (d)  Whenever  a  person under the age of 21 is convicted
 9    under Section 11-501 of this Code or a similar provision of a
10    local ordinance, the Secretary  of  State  shall  revoke  the
11    driving  privileges  of that person.  One year after the date
12    of revocation, and upon application, the Secretary  of  State
13    may,  if satisfied that the person applying will not endanger
14    the public safety or  welfare,  issue  a  restricted  driving
15    permit granting the privilege of driving a motor vehicle only
16    between  the  hours  of  5  a.m.  and  9 p.m. or as otherwise
17    provided by this Section for a period of  one  year.    After
18    this one year period, and upon reapplication for a license as
19    provided  in  Section  6-106, upon payment of the appropriate
20    reinstatement fee provided under  paragraph  (b)  of  Section
21    6-118,  the  Secretary of State, in his discretion, may issue
22    the applicant a license, or  extend  the  restricted  driving
23    permit  as  many  times  as  the  Secretary  of  State  deems
24    appropriate, by additional periods of not more than 12 months
25    each,  until  the  applicant  attains  21  years  of  age.  A
26    restricted driving permit issued under this Section shall  be
27    subject  to  cancellation,  revocation, and suspension by the
28    Secretary of State in like manner and for  like  cause  as  a
29    driver's  license  issued  under  this Code may be cancelled,
30    revoked, or suspended; except that a conviction upon  one  or
31    more  offenses  against  laws  or  ordinances  regulating the
32    movement of traffic shall be deemed sufficient cause for  the
33    revocation,  suspension,  or  cancellation  of  a  restricted
34    driving  permit.   Any person under 21 years of age who has a
SB1289 Enrolled            -8-                 LRB9008469RCks
 1    driver's  license  revoked  for  a   second   or   subsequent
 2    conviction  for driving under the influence, prior to the age
 3    of 21, shall not be eligible to submit an application  for  a
 4    full  reinstatement  of  driving  privileges  or a restricted
 5    driving permit until age 21 or one additional year  from  the
 6    date  of the latest such revocation, whichever is the longer.
 7    The revocation periods contained in this  subparagraph  shall
 8    apply to similar out-of-state convictions.
 9        (e)  This  Section  is  subject  to the provisions of the
10    Driver License Compact.
11        (f)  Any  revocation  imposed  upon  any   person   under
12    subsections  2  and  3  of paragraph (b) that is in effect on
13    December 31, 1988 shall be converted to a  suspension  for  a
14    like period of time.
15        (g)  The  Secretary of State shall not issue a restricted
16    driving permit to a person under the age of  16  years  whose
17    driving  privileges have been revoked under any provisions of
18    this Code.
19    (Source: P.A.  89-156,  eff.  1-1-96;  89-245,  eff.  1-1-96;
20    89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)
21        (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
22        Sec. 6-206.1.  Judicial Driving  Permit.  Declaration  of
23    Policy.  It  is  hereby  declared  a  policy  of the State of
24    Illinois that the driver who is impaired by alcohol, or other
25    drug or drugs, or intoxicating compound  or  compounds  is  a
26    threat  to  the  public  safety  and  welfare.  Therefore, to
27    provide a deterrent to such practice and  to  remove  problem
28    drivers  from  the  highway,  a  statutory  summary  driver's
29    license suspension is appropriate. It is also recognized that
30    driving  is a privilege and therefore, that in some cases the
31    granting of limited driving privileges, where consistent with
32    public safety, is warranted during the period  of  suspension
33    in  the  form  of  a judicial driving permit to drive for the
SB1289 Enrolled            -9-                 LRB9008469RCks
 1    purpose of employment, receiving drug  treatment  or  medical
 2    care, and educational pursuits, where no alternative means of
 3    transportation is available.
 4        The  following  procedures  shall  apply whenever a first
 5    offender is arrested for any offense as  defined  in  Section
 6    11-501 or a similar provision of a local ordinance:
 7        (a)  Subsequent  to a notification of a statutory summary
 8    suspension of  driving  privileges  as  provided  in  Section
 9    11-501.1, the first offender as defined in Section 11-500 may
10    petition  the  circuit  court of venue for a Judicial Driving
11    Permit, hereinafter referred  as  a  JDP,  to  relieve  undue
12    hardship.    The  court  may issue a court order, pursuant to
13    the  criteria  contained  in  this  Section,  directing   the
14    Secretary  of  State to issue such a JDP to the petitioner. A
15    JDP shall not become effective prior to the 31st day  of  the
16    original  statutory  summary  suspension  and shall always be
17    subject to the following criteria:
18             1.  If ordered for the purposes of  employment,  the
19        JDP  shall  be  only  for  the  purpose  of providing the
20        petitioner the  privilege  of  driving  a  motor  vehicle
21        between  the  petitioner's residence and the petitioner's
22        place of employment and return; or within  the  scope  of
23        the  petitioner's  employment  related  duties,  shall be
24        effective only during and limited to those specific times
25        and routes actually required to commute  or  perform  the
26        petitioner's employment related duties.
27             2.  The court, by a court order, may also direct the
28        Secretary of State to issue a JDP to allow transportation
29        for   the  petitioner,  or  a  household  member  of  the
30        petitioner's family, to receive alcohol, or  other  drug,
31        or  intoxicating  compound  treatment or medical care, if
32        the petitioner is able to demonstrate that no alternative
33        means of transportation is reasonably available. Such JDP
34        shall  be  effective  only  during  the  specific   times
SB1289 Enrolled            -10-                LRB9008469RCks
 1        actually required to commute.
 2             3.  The court, by a court order, may also direct the
 3        Secretary of State to issue a JDP to allow transportation
 4        by   the   petitioner   for   educational  purposes  upon
 5        demonstrating that there  are  no  alternative  means  of
 6        transportation  reasonably  available to accomplish those
 7        educational purposes. Such JDP  shall  be  only  for  the
 8        purpose  of  providing  transportation  to  and  from the
 9        petitioner's residence  and  the  petitioner's  place  of
10        educational  activity, and only during the specific times
11        and routes actually required to commute  or  perform  the
12        petitioner's educational requirement.
13             4.  The  Court  shall  not issue an order granting a
14        JDP to:
15                  (i)  Any person unless  and  until  the  court,
16             after   considering   the   results   of  a  current
17             professional evaluation of the person's  alcohol  or
18             other  drug  use  by  an  agency pursuant to Section
19             15-10 of the Alcoholism and  Other  Drug  Abuse  and
20             Dependency  Act  and other appropriate investigation
21             of  the  person,  is  satisfied  that  granting  the
22             privilege of driving a motor vehicle on the highways
23             will not endanger the public safety or welfare.
24                  (ii)  Any person  who  has  been  convicted  of
25             reckless homicide within the previous 5 years.
26                  (iii)  Any  person whose privilege to operate a
27             motor vehicle was invalid at the time of arrest  for
28             the  current  violation  of  Section  11-501,  or  a
29             similar  provision  of  a local ordinance, except in
30             cases  where  the  cause  for  a  driver's   license
31             suspension  has  been  removed  at the time a JDP is
32             effective.  In any case,  should  the  Secretary  of
33             State  enter  a  suspension or revocation of driving
34             privileges pursuant to the provisions of  this  Code
SB1289 Enrolled            -11-                LRB9008469RCks
 1             while the JDP is in effect or pending, the Secretary
 2             shall  take  the  prescribed  action  and  provide a
 3             notice to the person  and  the  court  ordering  the
 4             issuance  of  the  JDP  that all driving privileges,
 5             including those provided by the issuance of the JDP,
 6             have been withdrawn.
 7                  (iv)  Any person under the age of 18 years.
 8        (b)  Prior to ordering the issuance of a  JDP  the  Court
 9    should  consider  at  least,  but  not  be  limited  to,  the
10    following issues:
11             1.  Whether  the  person  is  employed  and no other
12        means  of  commuting  to  the  place  of  employment   is
13        available or that the person must drive as a condition of
14        employment.  The  employer  shall  certify  the  hours of
15        employment and the  need  and  parameters  necessary  for
16        driving as a condition to employment.
17             2.  Whether  the person must drive to secure alcohol
18        or other  medical  treatment  for  himself  or  a  family
19        member.
20             3.  Whether  the  person  must drive for educational
21        purposes.  The educational institution shall certify  the
22        person's  enrollment  in  and  academic  schedule  at the
23        institution.
24             4.  Whether the person has been repeatedly convicted
25        of  traffic  violations  or  involved  in  motor  vehicle
26        accidents to a  degree  which  indicates  disrespect  for
27        public safety.
28             5.  Whether  the  person  has  been  convicted  of a
29        traffic violation in connection with a  traffic  accident
30        resulting  in  the  death of any person within the last 5
31        years.
32             6.  Whether the person is likely to obey the limited
33        provisions of the JDP.
34             7.  Whether the person has  any  additional  traffic
SB1289 Enrolled            -12-                LRB9008469RCks
 1        violations pending in any court.
 2        For   purposes   of  this  Section,  programs  conducting
 3    professional evaluations of  a  person's  alcohol,  or  other
 4    drug,  or intoxicating compound use must report, to the court
 5    of venue, using a form prescribed by the Secretary of  State.
 6    A  copy of such evaluations shall be sent to the Secretary of
 7    State by the court. However, the evaluation information shall
 8    be privileged  and  only  available  to  courts  and  to  the
 9    Secretary  of  State,  but  shall  not  be  admissible in the
10    subsequent trial on the underlying charge.
11        (c)  The scope of any court order issued for a JDP  under
12    this  Section  shall  be  limited to the operation of a motor
13    vehicle as provided for in subsection (a) of this Section and
14    shall specify the petitioner's residence, place of employment
15    or location of educational institution, and the scope of  job
16    related duties, if relevant.  The JDP shall also specify days
17    of the week and specific hours of the day when the petitioner
18    is  able  to  exercise  the  limited privilege of operating a
19    motor vehicle. If the Petitioner, who has been granted a JDP,
20    is issued a citation for a traffic related offense, including
21    operating a motor vehicle outside the limitations  prescribed
22    in  the  JDP or a violation of Section 6-303, or is convicted
23    of any such an offense during the term of the JDP, the  court
24    shall  consider  cancellation  of the limited driving permit.
25    In any case, if the Petitioner commits an offense, as defined
26    in  Section  11-501,  or  a  similar  provision  of  a  local
27    ordinance, as evidenced by the issuance of a Uniform  Traffic
28    Ticket,  the  JDP shall be forwarded by the court of venue to
29    the court ordering the issuance of the JDP, for cancellation.
30    The court shall notify the Secretary of  State  of  any  such
31    cancellation.
32        (d)  The Secretary of State shall, upon receiving a court
33    order  from  the  court of venue, issue a JDP to a successful
34    Petitioner under this Section.  Such court order  form  shall
SB1289 Enrolled            -13-                LRB9008469RCks
 1    also  contain  a  notification,  which  shall  be sent to the
 2    Secretary of State,  providing  the  name,  driver's  license
 3    number  and  legal  address of the successful petitioner, and
 4    the full and detailed description of the limitations  of  the
 5    JDP.  This information shall be available only to the courts,
 6    police officers, and the Secretary of  State,  except  during
 7    the  actual  period  the  JDP  is valid, during which time it
 8    shall be a public record. The Secretary of State shall design
 9    and furnish to the courts an official court order form to  be
10    used  by  the courts when directing the Secretary of State to
11    issue a JDP.
12        Any submitted court order that contains insufficient data
13    or fails to comply with this Code shall not be  utilized  for
14    JDP  issuance  or  entered  to the driver record but shall be
15    returned to the issuing court indicating why the  JDP  cannot
16    be so entered.  A notice of this action shall also be sent to
17    the JDP petitioner by the Secretary of State.
18        (e)  The  circuit court of venue may conduct the judicial
19    hearing, as provided in Section 2-118.1, and the JDP  hearing
20    provided  in  this  Section,  concurrently.  Such  concurrent
21    hearing  shall  proceed in the court in the same manner as in
22    other civil proceedings.
23    (Source: P.A. 90-369, eff. 1-1-98.)
24        (625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
25        Sec. 6-207. Secretary of State may require  reexamination
26    or reissuance of a license.
27        (a)  The Secretary of State, having good cause to believe
28    that a licensed driver or person holding a permit or applying
29    for  a license or license renewal is incompetent or otherwise
30    not qualified to hold a license or permit, may  upon  written
31    notice of at least 5 days to the person require the person to
32    submit to an examination as prescribed by the Secretary.
33        Refusal  or  neglect  of the person to submit an alcohol,
SB1289 Enrolled            -14-                LRB9008469RCks
 1    and drug, or intoxicating compound evaluation or submit to or
 2    failure to successfully complete the examination  is  grounds
 3    for  suspension  of  the  person's  license  or  permit under
 4    Section 6-206 of this Act or cancellation of his  license  or
 5    permit under Section 6-201 of this Act.
 6        (b)  The  Secretary  of  State,  having issued a driver's
 7    license or permit in error, may upon  written  notice  of  at
 8    least 5 days to the person, require the person to appear at a
 9    Driver  Services facility to have the license or permit error
10    corrected and a new license or permit issued.
11        Refusal or neglect of the person to appear is grounds for
12    cancellation of the person's license or permit under  Section
13    6-201 of this Act.
14    (Source: P.A. 87-1114; 88-212.)
15        (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
16        Sec.  6-208.1.  Period  of  statutory summary alcohol, or
17    other drug, or intoxicating compound related suspension.
18        (a)  Unless the statutory  summary  suspension  has  been
19    rescinded,  any  person  whose  privilege  to  drive  a motor
20    vehicle on the public highways has been summarily  suspended,
21    pursuant  to  Section  11-501.1,  shall  not  be eligible for
22    restoration of the privilege until the expiration of:
23             1.  Six  months  from  the  effective  date  of  the
24        statutory summary suspension for a refusal or failure  to
25        complete  a  test  or  tests to determine the alcohol, or
26        drug, or intoxicating compound concentration, pursuant to
27        Section 11-501.1; or
28             2.  Three months from  the  effective  date  of  the
29        statutory   summary   suspension  imposed  following  the
30        person's submission to a chemical test which disclosed an
31        alcohol concentration of 0.08 or more, or any amount of a
32        drug,  substance,  or  intoxicating  compound   in   such
33        person's  breath,  blood,  or  urine  resulting  from the
SB1289 Enrolled            -15-                LRB9008469RCks
 1        unlawful use or consumption of  cannabis  listed  in  the
 2        Cannabis Control Act, or a controlled substance listed in
 3        the   Illinois   Controlled   Substances   Act,   or   an
 4        intoxicating  compound  listed in the Use of Intoxicating
 5        Compounds Act, pursuant to Section 11-501.1; or
 6             3.  Two  years  from  the  effective  date  of   the
 7        statutory  summary suspension for any person other than a
 8        first offender who refuses or fails to complete a test or
 9        tests to determine the alcohol, or drug, or  intoxicating
10        compound concentration pursuant to Section 11-501.1; or
11             4.  One  year from the effective date of the summary
12        suspension imposed for any  person  other  than  a  first
13        offender  following  submission  to a chemical test which
14        disclosed  an  alcohol  concentration  of  0.08  or  more
15        pursuant to Section 11-501.1 or any  amount  of  a  drug,
16        substance  or  compound  in  such person's blood or urine
17        resulting  from  the  unlawful  use  or  consumption   of
18        cannabis  listed  in  the  Cannabis  Control  Act,  or  a
19        controlled  substance  listed  in the Illinois Controlled
20        Substances Act, or an intoxicating compound listed in the
21        Use of Intoxicating Compounds Act.
22        (b)  Following a  statutory  summary  suspension  of  the
23    privilege  to  drive  a motor vehicle under Section 11-501.1,
24    full driving privileges shall be restored unless  the  person
25    is  otherwise  disqualified  by  this Code.  If the court has
26    reason to believe that the person's driving privilege  should
27    not  be  restored,  the  court  shall notify the Secretary of
28    State prior  to  the  expiration  of  the  statutory  summary
29    suspension  so  appropriate  action  may be taken pursuant to
30    this Code.
31        (c)  Full driving privileges may not  be  restored  until
32    all  applicable reinstatement fees, as provided by this Code,
33    have been paid to the Secretary of State and the  appropriate
34    entry made to the driver's record.
SB1289 Enrolled            -16-                LRB9008469RCks
 1        (d)  Where   a   driving  privilege  has  been  summarily
 2    suspended  under  Section  11-501.1   and   the   person   is
 3    subsequently  convicted  of  violating  Section  11-501, or a
 4    similar  provision  of  a  local  ordinance,  for  the   same
 5    incident,  any  period served on statutory summary suspension
 6    shall be credited toward the minimum period of revocation  of
 7    driving privileges imposed pursuant to Section 6-205.
 8        (e)  Following  a statutory summary suspension of driving
 9    privileges  pursuant  to  Section  11-501.1,  for   a   first
10    offender,  the circuit court may, after at least 30 days from
11    the effective date of the statutory summary suspension, issue
12    a judicial driving permit as provided in Section 6-206.1.
13        (f)  Subsequent to an arrest of a first offender, for any
14    offense as defined in Section 11-501 or a  similar  provision
15    of   a   local   ordinance,  following  a  statutory  summary
16    suspension  of  driving  privileges   pursuant   to   Section
17    11-501.1, for a first offender, the circuit court may issue a
18    court  order  directing  the  Secretary  of  State to issue a
19    judicial driving  permit  as  provided  in  Section  6-206.1.
20    However,  this  JDP  shall not be effective prior to the 31st
21    day of the statutory summary suspension.
22        (g)  Following a statutory summary suspension of  driving
23    privileges  pursuant to Section 11-501.1 where the person was
24    not a first offender, as defined in Section 11-500  and  such
25    person  refused  or  failed  to  complete  a test or tests to
26    determine the alcohol,  or  drug,  or  intoxicating  compound
27    concentration  pursuant to Section 11-501.1, the Secretary of
28    State shall not issue a restricted driving permit.
29        (h)  Following a statutory summary suspension of  driving
30    privileges  pursuant to Section 11-501.1 where the person was
31    not a first offender as defined in Section  11-500  and  such
32    person  submitted  to  a  chemical  test  which  disclosed an
33    alcohol concentration of 0.08 or  more  pursuant  to  Section
34    11-501.1,  the Secretary of State may, after at least 90 days
SB1289 Enrolled            -17-                LRB9008469RCks
 1    from the effective date of the statutory summary  suspension,
 2    issue a restricted driving permit.
 3    (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97.)
 4        (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
 5        Sec.    11-500.  Definitions.   For   the   purposes   of
 6    interpreting Sections  6-206.1  and  6-208.1  of  this  Code,
 7    "first  offender"  shall  mean  any  person who has not had a
 8    previous  conviction  or  court  assigned   supervision   for
 9    violating  Section  11-501, or a similar provision of a local
10    ordinance, or a conviction in any other state for a violation
11    of driving while under the influence  or  a  similar  offense
12    where  the  cause  of  action  is  the  same or substantially
13    similar to this Code or any person who has not had a driver's
14    license suspension for violating Section  11-501.1  within  5
15    years  prior  to  the  date of the current offense, except in
16    cases  where  the  driver  submitted  to   chemical   testing
17    resulting in an alcohol concentration of 0.08 or more, or any
18    amount  of  a  drug,  substance, or compound in such person's
19    blood or urine resulting from the unlawful use or consumption
20    of  cannabis  listed  in  the  Cannabis  Control  Act,  or  a
21    controlled  substance  listed  in  the  Illinois   Controlled
22    Substances Act, or an intoxicating compound listed in the Use
23    of  Intoxicating Compounds Act and was subsequently found not
24    guilty of violating Section 11-501, or a similar provision of
25    a local ordinance.
26    (Source: P.A. 90-43, eff. 7-2-97.)
27        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
28        Sec.  11-501.   Driving  while  under  the  influence  of
29    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
30    compounds or any combination thereof of both.
31        (a)  A person shall not drive or be  in  actual  physical
32    control of any vehicle within this State while:
SB1289 Enrolled            -18-                LRB9008469RCks
 1             (1)  the alcohol concentration in the person's blood
 2        or  breath  is  0.08  or  more based on the definition of
 3        blood and breath units in Section 11-501.2;
 4             (2)  under the influence of alcohol;
 5             (3)  under  the  influence   of   any   intoxicating
 6        compound  or  combination  of intoxicating compounds to a
 7        degree that  renders  the  person  incapable  of  driving
 8        safely;
 9             (4)  (3)  under  the  influence of any other drug or
10        combination of drugs to a degree that renders the  person
11        incapable of safely driving;
12             (5)  (4)  under  the  combined influence of alcohol,
13        and any other drug or drugs, or intoxicating compound  or
14        compounds  to  a degree that renders the person incapable
15        of safely driving; or
16             (6) (5)  there is any amount of a  drug,  substance,
17        or  compound  in  the  person's  breath,  blood, or urine
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, or an intoxicating compound listed in the
22        Use of Intoxicating Compounds Act.
23        (b)  The fact that any person charged with violating this
24    Section is or has been legally entitled to  use  alcohol,  or
25    other  drug  or drugs, or intoxicating compound or compounds,
26    or any combination thereof of both, shall  not  constitute  a
27    defense against any charge of violating this Section.
28        (c)  Except as provided under paragraphs (c-3) and (d) of
29    this  Section,  every  person  convicted  of  violating  this
30    Section or a similar provision of a local ordinance, shall be
31    guilty of a Class A misdemeanor and, in addition to any other
32    criminal  or administrative action, for any second conviction
33    of violating this Section or a similar provision of a law  of
34    another  state or local ordinance committed within 5 years of
SB1289 Enrolled            -19-                LRB9008469RCks
 1    a previous violation of this Section or a  similar  provision
 2    of  a  local  ordinance  shall  be mandatorily sentenced to a
 3    minimum of 48 consecutive hours of imprisonment  or  assigned
 4    to  a  minimum  of  100  hours of community service as may be
 5    determined by the court.  Every person convicted of violating
 6    this Section or a similar  provision  of  a  local  ordinance
 7    shall  be  subject  to a mandatory minimum fine of $500 and a
 8    mandatory 5 days of community service in a program benefiting
 9    children if the person committed a violation of paragraph (a)
10    or  a  similar  provision  of   a   local   ordinance   while
11    transporting a person under age 16.  Every person convicted a
12    second time for violating this Section or a similar provision
13    of  a  local ordinance within 5 years of a previous violation
14    of this Section or a similar provision of a  law  of  another
15    state  or  local  ordinance  shall  be subject to a mandatory
16    minimum fine of $500  and  10  days  of  mandatory  community
17    service  in  a  program  benefiting  children  if the current
18    offense was committed while transporting a person  under  age
19    16.   The  imprisonment  or  assignment under this subsection
20    shall not be subject to suspension nor shall  the  person  be
21    eligible  for  probation  in  order to reduce the sentence or
22    assignment.
23        (c-1)  A person who violates this Section during a period
24    in which  his  or  her  driving  privileges  are  revoked  or
25    suspended,  where  the  revocation  or  suspension  was for a
26    violation of this Section or Section 11-501.1  shall,  unless
27    sentenced  to a  term of imprisonment in the penitentiary, in
28    addition to any other criminal or administrative  action,  be
29    sentenced  to  a  minimum  term  of  30  consecutive  days of
30    imprisonment, 40 days of 24 hour periodic imprisonment or 720
31    hours of community service,  as  may  be  determined  by  the
32    court.   This  mandatory  minimum  term  of  imprisonment  or
33    assignment  of  community  service shall not be suspended and
34    shall not be subject to reduction by the court.
SB1289 Enrolled            -20-                LRB9008469RCks
 1        (c-2)  (Blank).
 2        (c-3)  Every person convicted of violating  this  Section
 3    or  a  similar provision of a local ordinance who had a child
 4    under age 16 in the vehicle at the time of the offense  shall
 5    have  his or her punishment under this Act enhanced by 2 days
 6    of imprisonment for a first offense, 10 days of  imprisonment
 7    for  a  second  offense,  30 days of imprisonment for a third
 8    offense,  and  90  days  of  imprisonment  for  a  fourth  or
 9    subsequent offense, in addition to  the  fine  and  community
10    service  required  under  subsection  (c)  and  the  possible
11    imprisonment required under subsection (d).  The imprisonment
12    or  assignment  under this subsection shall not be subject to
13    suspension nor shall the person be eligible for probation  in
14    order to reduce the sentence or assignment.
15        (d) (1)  Every person convicted of committing a violation
16    of  this  Section shall be guilty of aggravated driving under
17    the  influence  of  alcohol,  other   drug   or   drugs,   or
18    intoxicating  compound  or  compounds,  or  any a combination
19    thereof of both if:
20             (A)  the  person  committed  a  violation  of   this
21        Section, or a similar provision of a law of another state
22        or a local ordinance when the cause of action is the same
23        as  or  substantially  similar  to  this Section, for the
24        third or subsequent time;
25             (B)  the person committed a violation  of  paragraph
26        (a) while driving a school bus with children on board;
27             (C)  the   person   in  committing  a  violation  of
28        paragraph (a) was involved in a  motor  vehicle  accident
29        that   resulted   in   great  bodily  harm  or  permanent
30        disability  or  disfigurement  to   another,   when   the
31        violation was a proximate cause of the injuries; or
32             (D)  the  person  committed a violation of paragraph
33        (a) for a second time and has been  previously  convicted
34        of  violating  Section  9-3  of the Criminal Code of 1961
SB1289 Enrolled            -21-                LRB9008469RCks
 1        relating to reckless homicide in  which  the  person  was
 2        determined  to  have been under the influence of alcohol,
 3        or any other drug or drugs, or intoxicating  compound  or
 4        compounds  as an element of the offense or the person has
 5        previously been convicted under subparagraph (C) of  this
 6        paragraph (1).
 7        (2)  Aggravated  driving  under the influence of alcohol,
 8    other drug or drugs, or intoxicating compound  or  compounds,
 9    or  any a combination thereof of both is a Class 4 felony for
10    which a person, if sentenced to a term of imprisonment, shall
11    be sentenced to not less than one year and not  more  than  3
12    years  for  a  violation  of  subparagraph (A), (B) or (D) of
13    paragraph (1) of this subsection (d) and not  less  than  one
14    year   and  not  more  than  12  years  for  a  violation  of
15    subparagraph (C) of paragraph (1) of this subsection (d). For
16    any prosecution under this subsection (d), a  certified  copy
17    of the driving abstract of the defendant shall be admitted as
18    proof of any prior conviction.
19        (e)  After  a  finding  of  guilt  and prior to any final
20    sentencing, or an order for supervision, for an offense based
21    upon an arrest for a violation of this Section or  a  similar
22    provision of a local ordinance, individuals shall be required
23    to  undergo  a  professional  evaluation  to  determine if an
24    alcohol,  or  other  drug,  or  intoxicating  compound  abuse
25    problem exists and  the  extent  of  the  problem.   Programs
26    conducting   these  evaluations  shall  be  licensed  by  the
27    Department of Human Services.  The cost of  any  professional
28    evaluation  shall  be  paid for by the individual required to
29    undergo the professional evaluation.
30        (f)  Every person found guilty of violating this Section,
31    whose operation of a motor vehicle while in violation of this
32    Section proximately  caused  any  incident  resulting  in  an
33    appropriate  emergency  response,  shall  be  liable  for the
34    expense of an emergency response as  provided  under  Section
SB1289 Enrolled            -22-                LRB9008469RCks
 1    5-5-3 of the Unified Code of Corrections.
 2        (g)  The  Secretary  of  State  shall  revoke the driving
 3    privileges of any person convicted under this  Section  or  a
 4    similar provision of a local ordinance.
 5        (h)  Every  person sentenced under subsection (d) of this
 6    Section and who receives a term of probation  or  conditional
 7    discharge shall be required to serve a minimum term of either
 8    30  days  community  service  or,  beginning July 1, 1993, 48
 9    consecutive hours of  imprisonment  as  a  condition  of  the
10    probation  or  conditional discharge.  This mandatory minimum
11    term of imprisonment or assignment of community service shall
12    not be suspended and shall not be subject to reduction by the
13    court.
14        (i)  The Secretary  of  State  shall  establish  a  pilot
15    program  to  test  the  effectiveness  of  ignition interlock
16    device requirements upon individuals who have  been  arrested
17    for  a  second  or  subsequent  offense of this Section.  The
18    Secretary  shall  establish  by  rule  and   regulation   the
19    population and procedures for use of the interlock system.
20    (Source: P.A.   89-8,  eff.  3-21-95;  89-156,  eff.  1-1-96;
21    89-203, eff.  7-21-95;  89-507,  eff.  7-1-97;  89-626,  eff.
22    8-9-96;  90-43,  eff.  7-2-97;  90-400, eff. 8-15-97; revised
23    10-24-97.)
24        (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
25        Sec. 11-501.1.  Suspension of drivers license;  Statutory
26    summary  alcohol,  or  other  drug  or drugs, or intoxicating
27    compound or compounds related suspension; Implied consent.
28        (a)  Any person who  drives  or  is  in  actual  physical
29    control  of  a motor vehicle upon the public highways of this
30    State shall be deemed to have given consent, subject  to  the
31    provisions  of  Section 11-501.2, to a chemical test or tests
32    of blood, breath, or urine for the purpose of determining the
33    content of alcohol, other  drug  or  drugs,  or  intoxicating
SB1289 Enrolled            -23-                LRB9008469RCks
 1    compound  or  compounds or any combination thereof of both in
 2    the person's blood if arrested, as evidenced by the  issuance
 3    of  a  Uniform  Traffic Ticket, for any offense as defined in
 4    Section 11-501 or a similar provision of a  local  ordinance.
 5    The  test  or tests shall be administered at the direction of
 6    the arresting officer. The law enforcement  agency  employing
 7    the  officer  shall  designate  which  of the aforesaid tests
 8    shall be administered.  A urine test may be administered even
 9    after a blood or breath test or both has  been  administered.
10    For  purposes  of  this  Section, an Illinois law enforcement
11    officer of this State who is investigating the person for any
12    offense  defined  in  Section  11-501  may  travel  into   an
13    adjoining  state,  where  the person has been transported for
14    medical care, to complete an  investigation  and  to  request
15    that the person submit to the test or tests set forth in this
16    Section.  The requirements of this Section that the person be
17    arrested  are  inapplicable,  but the officer shall issue the
18    person a Uniform Traffic Ticket for an offense as defined  in
19    Section  11-501  or  a similar provision of a local ordinance
20    prior to requesting that the person submit  to  the  test  or
21    tests.   The issuance of the Uniform Traffic Ticket shall not
22    constitute an  arrest,  but  shall  be  for  the  purpose  of
23    notifying  the  person  that  he  or  she  is  subject to the
24    provisions of this Section and of the officer's belief of the
25    existence of probable cause to  arrest.   Upon  returning  to
26    this State, the officer shall file the Uniform Traffic Ticket
27    with  the  Circuit  Clerk of the county where the offense was
28    committed, and shall seek the issuance of an  arrest  warrant
29    or a summons for the person.
30        (b)  Any  person  who  is  dead,  unconscious,  or who is
31    otherwise in a condition rendering the  person  incapable  of
32    refusal,  shall  be  deemed not to have withdrawn the consent
33    provided by paragraph (a) of this Section  and  the  test  or
34    tests  may  be  administered,  subject  to  the provisions of
SB1289 Enrolled            -24-                LRB9008469RCks
 1    Section 11-501.2.
 2        (c)  A person requested to submit to a test  as  provided
 3    above   shall  be  warned  by  the  law  enforcement  officer
 4    requesting the test that a refusal to submit to the test will
 5    result in the statutory summary suspension  of  the  person's
 6    privilege  to  operate a motor vehicle as provided in Section
 7    6-208.1 of this Code. The person shall also be warned by  the
 8    law  enforcement  officer  that  if the person submits to the
 9    test or tests provided in paragraph (a) of this  Section  and
10    the  alcohol concentration in the person's blood or breath is
11    0.08 or greater, or any  amount  of  a  drug,  substance,  or
12    compound  resulting  from  the unlawful use or consumption of
13    cannabis as  covered  by  the  Cannabis  Control  Act,  or  a
14    controlled   substance  listed  in  the  Illinois  Controlled
15    Substances Act, or an intoxicating compound listed in the Use
16    of Intoxicating Compounds Act is  detected  in  the  person's
17    blood  or  urine,  a  statutory  summary  suspension  of  the
18    person's privilege to operate a motor vehicle, as provided in
19    Sections 6-208.1 and 11-501.1 of this Code will, be imposed.
20        A  person  who  is  under  the  age of 21 at the time the
21    person is requested to submit to a  test  as  provided  above
22    shall,  in  addition  to  the  warnings  provided for in this
23    Section, be further warned by  the  law  enforcement  officer
24    requesting the test that if the person submits to the test or
25    tests  provided  in  paragraph  (a)  of  this Section and the
26    alcohol concentration in the person's  blood  or   breath  is
27    greater  than  0.00  and  less than 0.08, a suspension of the
28    person's privilege to operate a motor  vehicle,  as  provided
29    under  Sections  6-208.2  and  11-501.8 of this Code, will be
30    imposed.  The results of this test shall be admissible  in  a
31    civil or criminal action or proceeding arising from an arrest
32    for an offense as defined in Section 11-501 of this Code or a
33    similar provision of a local ordinance or pursuant to Section
34    11-501.4  in prosecutions for reckless homicide brought under
SB1289 Enrolled            -25-                LRB9008469RCks
 1    the Criminal Code of 1961. These test results, however, shall
 2    be admissible only in actions or proceedings directly related
 3    to the incident upon which the test request was made.
 4        (d)  If the person refuses testing or submits to  a  test
 5    that  discloses  an alcohol concentration of 0.08 or more, or
 6    any amount of a drug, substance, or intoxicating compound  in
 7    the  person's  breath,  blood,  or  urine  resulting from the
 8    unlawful  use  or  consumption  of  cannabis  listed  in  the
 9    Cannabis Control Act, or a controlled substance listed in the
10    Illinois  Controlled  Substances  Act,  or  an   intoxicating
11    compound listed in the Use of Intoxicating Compounds Act, the
12    law  enforcement  officer  shall  immediately  submit a sworn
13    report to the circuit court of venue  and  the  Secretary  of
14    State,  certifying  that  the  test  or  tests  was  or  were
15    requested  under  paragraph  (a)  and  the  person refused to
16    submit to a test, or tests,  or  submitted  to  testing  that
17    disclosed an alcohol concentration of 0.08 or more.
18        (e)  Upon   receipt   of   the  sworn  report  of  a  law
19    enforcement  officer  submitted  under  paragraph  (d),   the
20    Secretary   of   State  shall  enter  the  statutory  summary
21    suspension for the periods specified in Section 6-208.1,  and
22    effective as provided in paragraph (g).
23        If  the  person is a first offender as defined in Section
24    11-500 of this Code, and is not convicted of a  violation  of
25    Section 11-501 of this Code or a similar provision of a local
26    ordinance,  then  reports  received by the Secretary of State
27    under this Section shall, except during the actual  time  the
28    Statutory  Summary  Suspension  is  in  effect, be privileged
29    information and for use only by the courts, police  officers,
30    prosecuting authorities or the Secretary of State.
31        (f)  The  law  enforcement  officer  submitting the sworn
32    report under paragraph (d) shall serve  immediate  notice  of
33    the  statutory  summary  suspension  on  the  person  and the
34    suspension shall be effective as provided in  paragraph  (g).
SB1289 Enrolled            -26-                LRB9008469RCks
 1    In  cases  where  the  blood alcohol concentration of 0.08 or
 2    greater or any amount  of  a  drug,  substance,  or  compound
 3    resulting from the unlawful use or consumption of cannabis as
 4    covered   by  the  Cannabis  Control  Act,  or  a  controlled
 5    substance listed in the Illinois Controlled  Substances  Act,
 6    or an intoxicating compound listed in the Use of Intoxicating
 7    Compounds  Act  is  established  by  a subsequent analysis of
 8    blood or urine collected at the time of arrest, the arresting
 9    officer or arresting agency shall give notice as provided  in
10    this  Section  or by deposit in the United States mail of the
11    notice in an envelope with postage prepaid and  addressed  to
12    the  person  at  his  address as shown on the Uniform Traffic
13    Ticket and the statutory summary suspension  shall  begin  as
14    provided  in paragraph (g).  The officer shall confiscate any
15    Illinois driver's license or permit on the person at the time
16    of arrest. If the person has  a  valid  driver's  license  or
17    permit,  the  officer  shall issue the person a receipt, in a
18    form prescribed by the Secretary of State,  that  will  allow
19    that  person  to  drive  during  the  periods provided for in
20    paragraph (g). The  officer  shall  immediately  forward  the
21    driver's  license  or  permit  to  the circuit court of venue
22    along with the sworn report provided for in paragraph (d).
23        (g)  The statutory summary suspension referred to in this
24    Section shall take effect on the 46th day following the  date
25    the  notice  of the statutory summary suspension was given to
26    the person.
27        (h)  The  following  procedure  shall  apply  whenever  a
28    person is arrested for any  offense  as  defined  in  Section
29    11-501 or a similar provision of a local ordinance:
30        Upon receipt of the sworn report from the law enforcement
31    officer,  the  Secretary of State shall confirm the statutory
32    summary suspension by mailing a notice of the effective  date
33    of  the  suspension  to  the  person  and the court of venue.
34    However,  should  the  sworn  report  be  defective  by   not
SB1289 Enrolled            -27-                LRB9008469RCks
 1    containing  sufficient  information or be completed in error,
 2    the confirmation of the statutory  summary  suspension  shall
 3    not be mailed to the person or entered to the record, instead
 4    the  sworn  report  shall  be forwarded to the court of venue
 5    with a copy returned to the issuing  agency  identifying  any
 6    defect.
 7    (Source: P.A. 90-43, eff. 7-2-97.)
 8        (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
 9        Sec. 11-501.2.  Chemical and other tests.
10        (a)  Upon  the  trial  of any civil or criminal action or
11    proceeding arising out of an arrest for an offense as defined
12    in Section 11-501 or a similar local ordinance or proceedings
13    pursuant to Section 2-118.1, evidence of the concentration of
14    alcohol, other drug or drugs,  or  intoxicating  compound  or
15    compounds,  or any combination thereof in a person's blood or
16    breath at the time alleged, as determined by analysis of  the
17    person's  blood,  urine,  breath  or  other bodily substance,
18    shall be admissible.  Where such test is made  the  following
19    provisions shall apply:
20             1.  Chemical  analyses of the person's blood, urine,
21        breath or other bodily substance to be  considered  valid
22        under  the  provisions  of  this  Section shall have been
23        performed  according  to  standards  promulgated  by  the
24        Department of Public  Health  in  consultation  with  the
25        Department  of  State  Police  by  a  licensed physician,
26        registered nurse, trained phlebotomist acting  under  the
27        direction  of  a licensed physician, certified paramedic,
28        or other individual possessing a valid permit  issued  by
29        that  Department  for  this purpose.  The Director of the
30        Department of Public  Health  in  consultation  with  the
31        Department  of  State  Police  is  authorized  to approve
32        satisfactory techniques  or  methods,  to  ascertain  the
33        qualifications  and  competence of individuals to conduct
SB1289 Enrolled            -28-                LRB9008469RCks
 1        such analyses, to issue permits which shall be subject to
 2        termination or  revocation  at  the  discretion  of  that
 3        Department  and to certify the accuracy of breath testing
 4        equipment. The Illinois Department of Public Health shall
 5        prescribe regulations  as  necessary  to  implement  this
 6        Section.
 7             2.  When  a  person  in this State shall submit to a
 8        blood test at the request of a  law  enforcement  officer
 9        under   the   provisions  of  Section  11-501.1,  only  a
10        physician authorized to practice medicine,  a  registered
11        nurse,  trained  phlebotomist, or certified paramedic, or
12        other qualified person  approved  by  the  Department  of
13        Public  Health  may  withdraw  blood  for  the purpose of
14        determining  the  alcohol,  drug,  or  alcohol  and  drug
15        content therein. This limitation shall not apply  to  the
16        taking of breath or urine specimens.
17             When  a blood test of a person who has been taken to
18        an adjoining state for medical treatment is requested  by
19        an  Illinois  law  enforcement  officer, the blood may be
20        withdrawn only by  a  physician  authorized  to  practice
21        medicine  in  the  adjoining state, a registered nurse, a
22        trained phlebotomist acting under the  direction  of  the
23        physician,  or  certified  paramedic. The law enforcement
24        officer requesting the test shall  take  custody  of  the
25        blood sample, and the blood sample shall be analyzed by a
26        laboratory  certified  by the Department of Public Health
27        for that purpose.
28             3.  The person tested may have  a  physician,  or  a
29        qualified technician, chemist, registered nurse, or other
30        qualified  person  of  their  own  choosing  administer a
31        chemical test or tests in addition to any administered at
32        the direction of a law enforcement officer.  The  failure
33        or  inability  to  obtain  an additional test by a person
34        shall not preclude the admission of evidence relating  to
SB1289 Enrolled            -29-                LRB9008469RCks
 1        the  test  or  tests  taken  at  the  direction  of a law
 2        enforcement officer.
 3             4.  Upon the request of the person who shall  submit
 4        to  a  chemical  test  or  tests  at the request of a law
 5        enforcement officer, full information concerning the test
 6        or tests shall be made available to the  person  or  such
 7        person's attorney.
 8             5.  Alcohol concentration shall mean either grams of
 9        alcohol  per 100 milliliters of blood or grams of alcohol
10        per 210 liters of breath.
11        (b)  Upon the trial of any civil or  criminal  action  or
12    proceeding arising out of acts alleged to have been committed
13    by  any person while driving or in actual physical control of
14    a  vehicle  while  under  the  influence  of   alcohol,   the
15    concentration  of  alcohol in the person's blood or breath at
16    the time alleged as shown by analysis of the person's  blood,
17    urine,  breath,  or other bodily substance shall give rise to
18    the following presumptions:
19             1.  If  there  was   at   that   time   an   alcohol
20        concentration  of 0.05 or less, it shall be presumed that
21        the person was not under the influence of alcohol.
22             2.  If  there  was   at   that   time   an   alcohol
23        concentration  in excess of 0.05 but less than 0.08, such
24        facts shall not give rise to  any  presumption  that  the
25        person was or was not under the influence of alcohol, but
26        such fact may be considered with other competent evidence
27        in determining whether the person was under the influence
28        of alcohol.
29             3.  If   there   was   at   that   time  an  alcohol
30        concentration of 0.08 or more, it shall be presumed  that
31        the person was under the influence of alcohol.
32             4.  The  foregoing  provisions of this Section shall
33        not be construed as  limiting  the  introduction  of  any
34        other relevant evidence bearing upon the question whether
SB1289 Enrolled            -30-                LRB9008469RCks
 1        the person was under the influence of alcohol.
 2        (c) 1.  If  a  person under arrest refuses to submit to a
 3        chemical test under the provisions of  Section  11-501.1,
 4        evidence  of  refusal shall be admissible in any civil or
 5        criminal action or proceeding arising out of acts alleged
 6        to  have  been  committed  while  the  person  under  the
 7        influence  of  alcohol,   other   drug   or   drugs,   or
 8        intoxicating  compound  or  compounds, or any combination
 9        thereof of both was driving or in actual physical control
10        of a motor vehicle.
11             2.  Notwithstanding any ability to refuse under this
12        Code to submit to these tests or any  ability  to  revoke
13        the  implied consent to these tests, if a law enforcement
14        officer has  probable  cause  to  believe  that  a  motor
15        vehicle  driven  by  or  in  actual physical control of a
16        person under the influence of alcohol, any other drug  or
17        drugs,  or  intoxicating  compound  or  compounds, or any
18        combination thereof of  both  has  caused  the  death  or
19        personal  injury  to  another,  that person shall submit,
20        upon the request of  a  law  enforcement  officer,  to  a
21        chemical  test  or  tests  of his or her blood, breath or
22        urine for the purpose of determining the alcohol  content
23        thereof  or the presence of any other drug or combination
24        of both.
25        This provision does not affect the  applicability  of  or
26    imposition   of  driver's  license  sanctions  under  Section
27    11-501.1 of this Code.
28             3.  For purposes of this Section, a personal  injury
29        includes  any  Type  A injury as indicated on the traffic
30        accident report completed by a  law  enforcement  officer
31        that  requires immediate professional attention in either
32        a doctor's office or a medical facility.  A Type A injury
33        includes severe bleeding wounds,  distorted  extremities,
34        and injuries that require the injured party to be carried
SB1289 Enrolled            -31-                LRB9008469RCks
 1        from the scene.
 2    (Source: P.A. 90-43, eff. 7-2-97.)
 3        (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
 4        Sec.  11-501.4.  Admissibility of chemical tests of blood
 5    conducted  in  the  regular  course  of  providing  emergency
 6    medical treatment.
 7        (a)  Notwithstanding any  other  provision  of  law,  the
 8    results   of   blood  tests  performed  for  the  purpose  of
 9    determining the content of alcohol, other drug or  drugs,  or
10    intoxicating   compound  or  compounds,  or  any  combination
11    thereof both, of an individual's blood conducted upon persons
12    receiving medical treatment in a hospital emergency room  are
13    admissible  in evidence as a business record exception to the
14    hearsay rule  only  in  prosecutions  for  any  violation  of
15    Section 11-501 of this Code or a similar provision of a local
16    ordinance,  or  in prosecutions for reckless homicide brought
17    under the Criminal Code of 1961, when each of  the  following
18    criteria are met:
19             (1)  the    chemical   tests   performed   upon   an
20        individual's blood were ordered in the regular course  of
21        providing  emergency  medical  treatment  and  not at the
22        request of law enforcement authorities;
23             (2)  the   chemical   tests   performed   upon    an
24        individual's  blood  were  performed  by  the  laboratory
25        routinely used by the hospital; and
26             (3)  results  of  chemical  tests  performed upon an
27        individual's   blood   are   admissible   into   evidence
28        regardless of the time that the records were prepared.
29        (b)  The confidentiality provisions of law pertaining  to
30    medical records and medical treatment shall not be applicable
31    with  regard to chemical tests performed upon an individual's
32    blood under the provisions of this Section in prosecutions as
33    specified in subsection (a) of this Section.  No person shall
SB1289 Enrolled            -32-                LRB9008469RCks
 1    be liable for civil damages as a result  of  the  evidentiary
 2    use of chemical testing of an individual's blood test results
 3    under this Section, or as a result of that person's testimony
 4    made available under this Section.
 5    (Source:  P.A.  88-212;  88-523; 88-632, eff. 1-1-95; 88-670,
 6    eff. 12-2-94.)
 7        (625 ILCS 5/11-501.4-1)
 8        Sec. 11-501.4-1. Reporting of test results  of  blood  or
 9    urine  conducted in the regular course of providing emergency
10    medical treatment.
11        (a)  Notwithstanding any  other  provision  of  law,  the
12    results  of blood or urine tests performed for the purpose of
13    determining the content of alcohol, other drug or  drugs,  or
14    intoxicating   compound  or  compounds,  or  any  combination
15    thereof both, in an individual's  blood  or  urine  conducted
16    upon  persons  receiving  medical  treatment  in  a  hospital
17    emergency  room  for  injuries resulting from a motor vehicle
18    accident may be reported to the Department of State Police or
19    local law enforcement agencies. Such blood or urine tests are
20    admissible in evidence as a business record exception to  the
21    hearsay  rule  only  in  prosecutions  for  any  violation of
22    Section 11-501 of this Code or a similar provision of a local
23    ordinance, or in prosecutions for reckless  homicide  brought
24    under the Criminal Code of 1961.
25        (b)  The  confidentiality provisions of law pertaining to
26    medical records and medical treatment shall not be applicable
27    with regard to tests performed upon an individual's blood  or
28    urine under the provisions of subsection (a) of this Section.
29    No  person  shall be liable for civil damages or professional
30    discipline as a result of the reporting of the tests  or  the
31    evidentiary  use  of  an  individual's  blood  or  urine test
32    results under this Section or Section 11-501.4 or as a result
33    of that person's testimony made available under this  Section
SB1289 Enrolled            -33-                LRB9008469RCks
 1    or Section 11-501.4, except for willful or wanton misconduct.
 2    (Source: P.A. 89-517, eff. 1-1-97.)
 3        (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
 4        Sec.  11-501.6.  Driver involvement in personal injury or
 5    fatal motor vehicle accident - chemical test.
 6        (a)  Any person who drives or is in actual control  of  a
 7    motor  vehicle upon the public highways of this State and who
 8    has been involved in a personal injury or fatal motor vehicle
 9    accident, shall be deemed to have given consent to  a  breath
10    test using a portable device as approved by the Department of
11    Public  Health  or  to  a  chemical  test  or tests of blood,
12    breath, or urine for the purpose of determining  the  content
13    of  alcohol, or other drug or drugs, or intoxicating compound
14    or compounds content of such person's blood  if  arrested  as
15    evidenced by the issuance of a Uniform Traffic Ticket for any
16    violation of the Illinois Vehicle Code or a similar provision
17    of  a  local  ordinance,  with  the  exception  of  equipment
18    violations  contained  in Chapter 12 of this Code, or similar
19    provisions of local ordinances.  The test or tests  shall  be
20    administered  at the direction of the arresting officer.  The
21    law enforcement agency employing the officer shall  designate
22    which  of the aforesaid tests shall be administered.  A urine
23    test may be administered even after a blood or breath test or
24    both has been administered.   Compliance  with  this  Section
25    does not relieve such person from the requirements of Section
26    11-501.1 of this Code.
27        (b)  Any  person  who  is  dead,  unconscious  or  who is
28    otherwise in a condition rendering such person  incapable  of
29    refusal  shall  be  deemed  not to have withdrawn the consent
30    provided by subsection (a) of this Section.  In addition,  if
31    a  driver  of  a  vehicle is receiving medical treatment as a
32    result of a motor vehicle accident, any physician licensed to
33    practice medicine, registered nurse or a phlebotomist  acting
SB1289 Enrolled            -34-                LRB9008469RCks
 1    under  the  direction  of a licensed physician shall withdraw
 2    blood for testing  purposes  to  ascertain  the  presence  of
 3    alcohol,  or other drug or drugs, or intoxicating compound or
 4    compounds, upon the specific request  of  a  law  enforcement
 5    officer.  However,  no such testing shall be performed until,
 6    in the  opinion  of  the  medical  personnel  on  scene,  the
 7    withdrawal   can   be   made   without  interfering  with  or
 8    endangering the well-being of the patient.
 9        (c)  A person requested to submit to a test  as  provided
10    above   shall  be  warned  by  the  law  enforcement  officer
11    requesting the test that a refusal to submit to the test,  or
12    submission  to the test resulting in an alcohol concentration
13    of 0.08 or more, or any  amount  of  a  drug,  substance,  or
14    intoxicating  compound  resulting  from  the  unlawful use or
15    consumption of cannabis, as covered by the  Cannabis  Control
16    Act,  or  a  controlled  substance  listed  in  the  Illinois
17    Controlled Substances Act, or an intoxicating compound listed
18    in  the Use of Intoxicating Compounds Act as detected in such
19    person's blood or urine, may result in the suspension of such
20    person's privilege to operate a motor vehicle. The length  of
21    the  suspension  shall  be  the  same  as outlined in Section
22    6-208.1 of this Code regarding statutory summary suspensions.
23        (d)  If the person refuses testing or submits to  a  test
24    which  discloses an alcohol concentration of 0.08 or more, or
25    any amount of a drug, substance, or intoxicating compound  in
26    such  person's blood or urine resulting from the unlawful use
27    or consumption of cannabis listed  in  the  Cannabis  Control
28    Act,  or  a  controlled  substance  listed  in  the  Illinois
29    Controlled Substances Act, or an intoxicating compound listed
30    in the Use of Intoxicating Compounds Act, the law enforcement
31    officer  shall  immediately  submit  a  sworn  report  to the
32    Secretary of State on a form  prescribed  by  the  Secretary,
33    certifying  that the test or tests were requested pursuant to
34    subsection (a) and the person refused to submit to a test  or
SB1289 Enrolled            -35-                LRB9008469RCks
 1    tests  or  submitted  to  testing  which disclosed an alcohol
 2    concentration of 0.08 or more,  or  any  amount  of  a  drug,
 3    substance, or intoxicating compound in such person's blood or
 4    urine,  resulting  from  the  unlawful  use or consumption of
 5    cannabis listed in the Cannabis Control Act, or a  controlled
 6    substance  listed  in the Illinois Controlled Substances Act,
 7    or an intoxicating compound listed in the Use of Intoxicating
 8    Compounds Act.
 9        Upon receipt of the sworn report  of  a  law  enforcement
10    officer,  the  Secretary  shall  enter  the suspension to the
11    individual's driving  record  and  the  suspension  shall  be
12    effective  on  the  46th day following the date notice of the
13    suspension was given to the person.
14        The law enforcement officer submitting the  sworn  report
15    shall serve immediate notice of this suspension on the person
16    and  such  suspension  shall  be  effective  on  the 46th day
17    following the date notice was given.
18        The cases where the blood alcohol concentration  of  0.08
19    or  more, or any amount of a drug, substance, or intoxicating
20    compound resulting from the unlawful use  or  consumption  of
21    cannabis  as  listed  in  the  Cannabis  Control  Act,  or  a
22    controlled   substance  listed  in  the  Illinois  Controlled
23    Substances Act, or an intoxicating compound listed in the Use
24    of Intoxicating Compounds Act, is established by a subsequent
25    analysis of blood or urine collected at the time  of  arrest,
26    the  arresting  officer shall give notice as provided in this
27    Section or by deposit in  the  United  States  mail  of  such
28    notice  in  an envelope with postage prepaid and addressed to
29    such person at his address as shown on  the  Uniform  Traffic
30    Ticket  and the suspension shall be effective on the 46th day
31    following the date notice was given.
32        Upon receipt of the sworn report  of  a  law  enforcement
33    officer,   the  Secretary  shall  also  give  notice  of  the
34    suspension to the driver by mailing a notice of the effective
SB1289 Enrolled            -36-                LRB9008469RCks
 1    date of the suspension to the  individual.   However,  should
 2    the  sworn  report  be defective by not containing sufficient
 3    information or be completed  in  error,  the  notice  of  the
 4    suspension  shall  not  be mailed to the person or entered to
 5    the driving record, but rather  the  sworn  report  shall  be
 6    returned to the issuing law enforcement agency.
 7        (e)  A  driver may contest this suspension of his driving
 8    privileges by requesting an administrative hearing  with  the
 9    Secretary  in accordance with Section 2-118 of this Code.  At
10    the conclusion of a hearing held under Section 2-118 of  this
11    Code,  the  Secretary  may  rescind,  continue, or modify the
12    order of suspension.  If the Secretary does not  rescind  the
13    order,  a  restricted  driving  permit  may be granted by the
14    Secretary upon application being made and good  cause  shown.
15    A  restricted  driving permit may be granted to relieve undue
16    hardship to allow driving for  employment,  educational,  and
17    medical  purposes  as outlined in Section 6-206 of this Code.
18    The provisions of Section 6-206 of this Code shall apply.
19        (f)  (Blank)
20        (g)  For the purposes of this Section, a personal  injury
21    shall  include  any type A injury as indicated on the traffic
22    accident report completed by a law enforcement  officer  that
23    requires   immediate   professional  attention  in  either  a
24    doctor's office or a medical facility.  A type A injury shall
25    include severely bleeding wounds, distorted extremities,  and
26    injuries  that  require  the injured party to be carried from
27    the scene.
28    (Source: P.A. 90-43, eff. 7-2-97.)

[ Top ]