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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB1871eng HB1871 Engrossed LRB9103884KSgc 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 6-106.1a. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Section 6-106.1a as follows: 7 (625 ILCS 5/6-106.1a) 8 Sec. 6-106.1a. Cancellation of school bus driver permit; 9 trace of alcohol. 10 (a) A person who has been issued a school bus driver 11 permit by the Secretary of State in accordance with Section 12 6-106.1 of this Code and who drives or is in actual physical 13 control of a school bus or any other vehicle owned or 14 operated by or for a public or private school, or a school 15 operated by a religious institution, when the vehicle is 16 being used over a regularly scheduled route for the 17 transportation of persons enrolled as students in grade 12 or 18 below, in connection with any activity of the entities 19 listed, upon the public highways of this State shall be 20 deemed to have given consent to a chemical test or tests of 21 blood, breath, or urine for the purpose of determining the 22 alcohol content of the person's blood if arrested, as 23 evidenced by the issuance of a Uniform Traffic Ticket for 24 any violation of this Code or a similar provision of a local 25 ordinance, if a police officer has probable cause to believe 26 that the driver has consumed any amount of an alcoholic 27 beverage based upon evidence of the driver's physical 28 condition or other first hand knowledge of the police 29 officer. The test or tests shall be administered at the 30 direction of the arresting officer. The law enforcement 31 agency employing the officer shall designate which of the HB1871 Engrossed -2- LRB9103884KSgc 1 aforesaid tests shall be administered. A urine test may be 2 administered even after a blood or breath test or both has 3 been administered. 4 (b) A person who is dead, unconscious, or who is 5 otherwise in a condition rendering that person incapable of 6 refusal, shall be deemed not to have withdrawn the consent 7 provided by paragraph (a) of this Section and the test or 8 tests may be administered subject to the following 9 provisions: 10 (1) Chemical analysis of the person's blood, urine, 11 breath, or other substance, to be considered valid under 12 the provisions of this Section, shall have been 13 performed according to standards promulgated by the 14 Department of Public Health, in consultation with the 15 Department of State Police, by an individual possessing a 16 valid permit issued by the Department of Public Health 17 for this purpose. The Director of Public Health, in 18 consultation with the Department of State Police, is 19 authorized to approve satisfactory techniques or methods, 20 to ascertain the qualifications and competence of 21 individuals to conduct analyses, to issue permits that 22 shall be subject to termination or revocation at the 23 direction of the Department of Public Health, and to 24 certify the accuracy of breath testing equipment. The 25 Department of Public Health shall prescribe rules as 26 necessary. 27 (2) When a person submits to a blood test at the 28 request of a law enforcement officer under the provisions 29 of this Section, only a physician authorized to practice 30 medicine, a registered nurse, or other qualified person 31 trained in venipuncture and acting under the direction of 32 a licensed physician may withdraw blood for the purpose 33 of determining the alcohol content. This limitation does 34 not apply to the taking of breath or urine specimens. HB1871 Engrossed -3- LRB9103884KSgc 1 (3) The person tested may have a physician, 2 qualified technician, chemist, registered nurse, or other 3 qualified person of his or her own choosing administer a 4 chemical test or tests in addition to any test or tests 5 administered at the direction of a law enforcement 6 officer. The test administered at the request of the 7 person may be admissible into evidence at a hearing 8 conducted in accordance with Section 2-118 of this Code. 9 The failure or inability to obtain an additional test by 10 a person shall not preclude the consideration of the 11 previously performed chemical test. 12 (4) Upon a request of the person who submits to a 13 chemical test or tests at the request of a law 14 enforcement officer, full information concerning the test 15 or tests shall be made available to the person or that 16 person's attorney by the requesting law enforcement 17 agency within 72 hours of receipt of the test result. 18 (5) Alcohol concentration means either grams of 19 alcohol per 100 milliliters of blood or grams of alcohol 20 per 210 liters of breath. 21 (6) If a driver is receiving medical treatment as a 22 result of a motor vehicle accident, a physician licensed 23 to practice medicine, registered nurse, or other 24 qualified person trained in venipuncture and acting under 25 the direction of a licensed physician shall withdraw 26 blood for testing purposes to ascertain the presence of 27 alcohol upon the specific request of a law enforcement 28 officer. However, that testing shall not be performed 29 until, in the opinion of the medical personnel on scene, 30 the withdrawal can be made without interfering with or 31 endangering the well-being of the patient. 32 (c) A person requested to submit to a test as provided 33 in this Section shall be warned by the law enforcement 34 officer requesting the test that a refusal to submit to the HB1871 Engrossed -4- LRB9103884KSgc 1 test, or submission to the test resulting in an alcohol 2 concentration of more than 0.00, may result in the loss of 3 that person's privilege to possess a school bus driver 4 permit. The loss of the individual's privilege to possess a 5 school bus driver permit shall be imposed in accordance with 6 Section 6-106.1b of this Code. 7 (d) If the person refuses testing or submits to a test 8 that discloses an alcohol concentration of more than 0.00, 9 the law enforcement officer shall immediately submit a sworn 10 report to the Secretary of State on a form prescribed by the 11 Secretary of State certifying that the test or tests were 12 requested under subsection (a) and the person refused to 13 submit to a test or tests or submitted to testing which 14 disclosed an alcohol concentration of more than 0.00. The 15 law enforcement officer shall submit the same sworn report 16 when a person who has been issued a school bus driver permit 17 and who was operating a school bus or any other vehicle owned 18 or operated by or for a public or private school, or a school 19 operated by a religious institution, when the vehicle is 20 being used over a regularly scheduled route for the 21 transportation of persons enrolled as students in grade 12 or 22 below, in connection with any activity of the entities 23 listed, submits to testing under Section 11-501.1 of this 24 Code and the testing discloses an alcohol concentration of 25 more than 0.00 and less than the alcohol concentration at 26 which driving or being in actual physical control of a motor 27 vehicle is prohibited under paragraph (1) of subsection (a) 28 of Section 11-5010.10. 29 Upon receipt of the sworn report of a law enforcement 30 officer, the Secretary of State shall enter the school bus 31 driver permit sanction on the individual's driving record and 32 the sanction shall be effective on the 46th day following the 33 date notice of the sanction was given to the person. 34 The law enforcement officer submitting the sworn report HB1871 Engrossed -5- LRB9103884KSgc 1 shall serve immediate notice of this school bus driver permit 2 sanction on the person and the sanction shall be effective on 3 the 46th day following the date notice was given. 4 In cases where the blood alcohol concentration of more 5 than 0.00 is established by a subsequent analysis of blood or 6 urine, the police officer or arresting agency shall give 7 notice as provided in this Section or by deposit in the 8 United States mail of that notice in an envelope with postage 9 prepaid and addressed to that person at his or her last known 10 address and the loss of the school bus driver permit shall be 11 effective on the 46th day following the date notice was 12 given. 13 Upon receipt of the sworn report of a law enforcement 14 officer, the Secretary of State shall also give notice of the 15 school bus driver permit sanction to the driver and the 16 driver's current employer by mailing a notice of the 17 effective date of the sanction to the individual. However, 18 shall the sworn report be defective by not containing 19 sufficient information or be completed in error, the notice 20 of the school bus driver permit sanction may not be mailed to 21 the person or his current employer or entered to the driving 22 record, but rather the sworn report shall be returned to the 23 issuing law enforcement agency. 24 (e) A driver may contest this school bus driver permit 25 sanction by requesting an administrative hearing with the 26 Secretary of State in accordance with Section 2-118 of this 27 Code. An individual whose blood alcohol concentration is 28 shown to be more than 0.00 is not subject to this Section if 29 he or she consumed alcohol in the performance of a religious 30 service or ceremony. An individual whose blood alcohol 31 concentration is shown to be more than 0.00 shall not be 32 subject to this Section if the individual's blood alcohol 33 concentration resulted only from ingestion of the prescribed 34 or recommended dosage of medicine that contained alcohol. HB1871 Engrossed -6- LRB9103884KSgc 1 The petition for that hearing shall not stay or delay the 2 effective date of the impending suspension. The scope of this 3 hearing shall be limited to the issues of: 4 (1) whether the police officer had probable cause 5 to believe that the person was driving or in actual 6 physical control of a school bus or any other vehicle 7 owned or operated by or for a public or private school, 8 or a school operated by a religious institution, when 9 the vehicle is being used over a regularly scheduled 10 route for the transportation of persons enrolled as 11 students in grade 12 or below, in connection with any 12 activity of the entities listed, upon the public highways 13 of the State and the police officer had reason to believe 14 that the person was in violation of any provision of this 15 Code or a similar provision of a local ordinance; and 16 (2) whether the person was issued a Uniform Traffic 17 Ticket for any violation of this Code or a similar 18 provision of a local ordinance; and 19 (3) whether the police officer had probable cause 20 to believe that the driver had consumed any amount of an 21 alcoholic beverage based upon the driver's physical 22 actions or other first-hand knowledge of the police 23 officer; and 24 (4) whether the person, after being advised by the 25 officer that the privilege to possess a school bus driver 26 permit would be canceled if the person refused to submit 27 to and complete the test or tests, did refuse to submit 28 to or complete the test or tests to determine the 29 person's alcohol concentration; and 30 (5) whether the person, after being advised by the 31 officer that the privileges to possess a school bus 32 driver permit would be canceled if the person submits to 33 a chemical test or tests and the test or tests disclose 34 an alcohol concentration of more than 0.00 and the HB1871 Engrossed -7- LRB9103884KSgc 1 person did submit to and complete the test or tests that 2 determined an alcohol concentration of more than 0.00; 3 and 4 (6) whether the test result of an alcohol 5 concentration of more than 0.00 was based upon the 6 person's consumption of alcohol in the performance of a 7 religious service or ceremony; and 8 (7) whether the test result of an alcohol 9 concentration of more than 0.00 was based upon the 10 person's consumption of alcohol through ingestion of the 11 prescribed or recommended dosage of medicine. 12 The Secretary of State may adopt administrative rules 13 setting forth circumstances under which the holder of a 14 school bus driver permit is not required to appear in person 15 at the hearing. 16 Provided that the petitioner may subpoena the officer, 17 the hearing may be conducted upon a review of the law 18 enforcement officer's own official reports. Failure of the 19 officer to answer the subpoena shall be grounds for a 20 continuance if, in the hearing officer's discretion, the 21 continuance is appropriate. At the conclusion of the hearing 22 held under Section 2-118 of this Code, the Secretary of State 23 may rescind, continue, or modify the school bus driver 24 permit sanction. 25 (f) The results of any chemical testing performed in 26 accordance with subsection (a) of this Section are not 27 admissible in any civil or criminal proceeding, except that 28 the results of the testing may be considered at a hearing 29 held under Section 2-118 of this Code. However, the results 30 of the testing may not be used to impose driver's license 31 sanctions under Section 11-501.1 of this Code. A law 32 enforcement officer may, however, pursue a statutory summary 33 suspension of driving privileges under Section 11-501.1 of 34 this Code if other physical evidence or first hand knowledge HB1871 Engrossed -8- LRB9103884KSgc 1 forms the basis of that suspension. 2 (g) This Section applies only to drivers who have been 3 issued a school bus driver permit in accordance with Section 4 6-106.1 of this Code at the time of the issuance of the 5 Uniform Traffic Ticket for a violation of this Code or a 6 similar provision of a local ordinance, and a chemical test 7 request is made under this Section. 8 (h) The action of the Secretary of State in suspending, 9 revoking, canceling, or denying any license, permit, 10 registration, or certificate of title shall be subject to 11 judicial review in the Circuit Court of Sangamon County or in 12 the Circuit Court of Cook County, and the provisions of the 13 Administrative Review Law and its rules are hereby adopted 14 and shall apply to and govern every action for the judicial 15 review of final acts or decisions of the Secretary of State 16 under this Section. 17 (Source: P.A. 90-107, eff. 1-1-98.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.