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91_HB3166
LRB9110396DHks
1 AN ACT concerning driving violations, amending named
2 Acts.
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 Sections 2-118.1, 6-113, 6-118, 6-203.1, 6-206,
7 6-206.1, 6-208, 6-208.1, 6-303, 11-500, 11-501, 11-501.1, and
8 11-501.5 as follows:
9 (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
10 Sec. 2-118.1. Opportunity for hearing; statutory summary
11 alcohol or other drug related suspension.
12 (a) A statutory summary suspension of driving privileges
13 under Section 11-501.1 or 11-501.5 shall not become effective
14 until the person is notified in writing of the impending
15 suspension and informed that he may request a hearing in the
16 circuit court of venue under paragraph (b) of this Section
17 and the statutory summary suspension shall become effective
18 as provided in Section 11-501.1 or 11-501.5.
19 (b) Within 90 days after the notice of statutory summary
20 suspension served under Section 11-501.1 or 11-501.5, the
21 person may make a written request for a judicial hearing in
22 the circuit court of venue. The request to the circuit court
23 shall state the grounds upon which the person seeks to have
24 the statutory summary suspension rescinded. Within 30 days
25 after (i) receipt of the written request or the first
26 appearance date on the Uniform Traffic Ticket issued pursuant
27 to a violation of Section 11-501, or a similar provision of a
28 local ordinance, or (ii) the receipt of a citation for a
29 violation of any of the provisions of this Code or a
30 provision of a local ordinance issued at the time a person
31 refused to submit to a preliminary breath screening test or a
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1 field sobriety test or tests pursuant to Section 11-501.5,
2 the hearing shall be conducted by the circuit court having
3 jurisdiction. This judicial hearing, request, or process
4 shall not stay or delay the statutory summary suspension. The
5 hearings shall proceed in the court in the same manner as in
6 other civil proceedings.
7 The hearing may be conducted upon a review of the law
8 enforcement officer's own official reports; provided however,
9 that the person may subpoena the officer. Failure of the
10 officer to answer the subpoena shall be considered grounds
11 for a continuance if in the court's discretion the
12 continuance is appropriate.
13 (c) For statutory summary suspensions to be served under
14 Section 11-501.1, the scope of the hearing shall be limited
15 to the issues of:
16 1. Whether the person was placed under arrest for
17 an offense as defined in Section 11-501, or a similar
18 provision of a local ordinance, as evidenced by the
19 issuance of a Uniform Traffic Ticket, or issued a Uniform
20 Traffic Ticket out of state as provided in subsection (a)
21 of Section 11-501.1; and
22 2. Whether the officer had reasonable grounds to
23 believe that the person was driving or in actual physical
24 control of a motor vehicle upon a highway while under the
25 influence of alcohol, other drug, or combination of both;
26 and
27 3. Whether the person, after being advised by the
28 officer that the privilege to operate a motor vehicle
29 would be suspended if the person refused to submit to and
30 complete the test or tests, did refuse to submit to or
31 complete the test or tests to determine the person's
32 alcohol or drug concentration; or
33 4. Whether the person, after being advised by the
34 officer that the privilege to operate a motor vehicle
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1 would be suspended if the person submits to a chemical
2 test, or tests, and the test discloses an alcohol
3 concentration of 0.08 or more, or any amount of a drug,
4 substance, or compound in the person's blood or urine
5 resulting from the unlawful use or consumption of
6 cannabis listed in the Cannabis Control Act or a
7 controlled substance listed in the Illinois Controlled
8 Substances Act, and the person did submit to and complete
9 the test or tests that determined an alcohol
10 concentration of 0.08 or more.
11 Upon the conclusion of the judicial hearing, the circuit
12 court shall sustain or rescind the statutory summary
13 suspension and immediately notify the Secretary of State.
14 Reports received by the Secretary of State under this Section
15 shall be privileged information and for use only by the
16 courts, police officers, and Secretary of State.
17 (d) For statutory summary suspensions to be served under
18 Section 11-501.5, the scope of the hearing shall be limited
19 to the issues of:
20 1. Whether the officer had reasonable suspicion
21 based on specific and articulable facts and inferences
22 from those facts to believe that the person was driving
23 or in actual physical control of a motor vehicle while
24 under the influence of alcohol, other drug, or
25 combination of both; and
26 2. Whether the person, after being advised by the
27 officer that the privilege to operate a motor vehicle
28 would be suspended if the person refused to submit to and
29 complete the test or tests, did refuse to submit to or
30 complete the test or tests to determine if the person was
31 under the influence of alcohol, other drugs, or a
32 combination of both.
33 (Source: P.A. 89-156, eff. 1-1-96; 90-43, eff. 7-2-97.)
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1 (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
2 Sec. 6-113. Restricted licenses and permits. (a) The
3 Secretary of State upon issuing a drivers license or permit
4 shall have the authority whenever good cause appears to
5 impose restrictions suitable to the licensee's driving
6 ability with respect to the type of, or special mechanical
7 control devices required on, a motor vehicle which the
8 licensee may operate or such other restrictions applicable to
9 the licensee as the Secretary of State may determine to be
10 appropriate to assure the safe operation of a motor vehicle
11 by the licensee.
12 (b) The Secretary of State may either issue a special
13 restricted license or permit or may set forth such
14 restrictions upon the usual license or permit form.
15 (c) The Secretary of State may issue a probationary
16 license to a person whose driving privileges have been
17 suspended pursuant to subsection (d) of this Section or
18 subsections (a)(2), (a)(19) and (a)(20) of Section 6-206 of
19 this Code. The Secretary of State shall promulgate rules
20 pursuant to The Illinois Administrative Procedure Act,
21 setting forth the conditions and criteria for the issuance
22 and cancellation of probationary licenses.
23 (d) The Secretary of State may upon receiving
24 satisfactory evidence of any violation of the restrictions of
25 such license or permit suspend, revoke or cancel the same
26 without preliminary hearing, but the licensee or permittee
27 shall be entitled to a hearing as in the case of a suspension
28 or revocation.
29 (e) It is unlawful for any person to operate a motor
30 vehicle in any manner in violation of the restrictions
31 imposed on a restricted license or permit issued to him.
32 (f) Whenever the holder of a restricted driving permit
33 is issued a citation for any of the following offenses
34 including similar local ordinances, the restricted driving
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1 permit is immediately invalidated:
2 1. Reckless homicide resulting from the operation of a
3 motor vehicle;
4 2. Violation of Section 11-501 of this Act relating to
5 the operation of a motor vehicle while under the influence of
6 intoxicating liquor or narcotic drugs;
7 3. Violation of Section 11-401 of this Act relating to
8 the offense of leaving the scene of a traffic accident
9 involving death or injury; or
10 4. Violation of Section 11-504 of this Act relating to
11 the offense of drag racing;
12 The police officer issuing the citation shall confiscate
13 the restricted driving permit and forward it, along with the
14 citation, to the Clerk of the Circuit Court of the county in
15 which the citation was issued.
16 (g) Notwithstanding the provisions of Sections 6-208,
17 6-208.1, and 6-208.2, the Secretary of State may, 30 days
18 after the effective date of a suspension pursuant to Section
19 6-208, 6-208.1, or 6-208.2 and in accordance with any rules
20 the Secretary may promulgate, issue a restricted driving
21 permit to a person who has applied for a restricted driver's
22 permit and who has consented to have, at his or her expense,
23 an ignition interlock device installed in his or her vehicle.
24 (Source: P.A. 86-549.)
25 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
26 Sec. 6-118. Fees.
27 (a) The fee for licenses and permits under this Article
28 is as follows:
29 Original driver's license.............................$10
30 Original or renewal driver's license
31 issued to 18, 19 and 20 year olds..................5
32 All driver's licenses for persons
33 age 69 through age 80..............................5
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1 All driver's licenses for persons
2 age 81 through age 86..............................2
3 All driver's licenses for persons
4 age 87 or older....................................0
5 Renewal driver's license (except for
6 applicants ages 18, 19 and 20 or
7 age 69 and older).................................10
8 Original instruction permit issued to
9 persons (except those age 69 and older)
10 who do not hold or have not previously
11 held an Illinois instruction permit or
12 driver's license..................................20
13 Instruction permit issued to any person
14 holding an Illinois driver's license
15 who wishes a change in classifications,
16 other than at the time of renewal..................5
17 Any instruction permit issued to a person
18 age 69 and older...................................5
19 Instruction permit issued to any person,
20 under age 69, not currently holding a
21 valid Illinois driver's license or
22 instruction permit but who has
23 previously been issued either document
24 in Illinois.......................................10
25 Restricted driving permit...............................8
26 Duplicate or corrected driver's license
27 or permit..........................................5
28 Duplicate or corrected restricted
29 driving permit.....................................5
30 Original or renewal M or L endorsement..................5
31 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
32 The fees for commercial driver licenses and permits
33 under Article V shall be as follows:
34 Commercial driver's license:
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1 $6 for the CDLIS/AAMVAnet Fund
2 (Commercial Driver's License Information
3 System/American Association of Motor Vehicle
4 Administrators network Trust Fund);
5 $20 for the Motor Carrier Safety Inspection Fund;
6 $10 for the driver's license;
7 and $24 for the CDL:.............................$60
8 Renewal commercial driver's license:
9 $6 for the CDLIS/AAMVAnet Trust Fund;
10 $20 for the Motor Carrier Safety Inspection Fund;
11 $10 for the driver's license; and
12 $24 for the CDL:.................................$60
13 Commercial driver instruction permit
14 issued to any person holding a valid
15 Illinois driver's license for the
16 purpose of changing to a
17 CDL classification: $6 for the
18 CDLIS/AAMVAnet Trust Fund;
19 $20 for the Motor Carrier
20 Safety Inspection Fund; and
21 $24 for the CDL classification...................$50
22 Commercial driver instruction permit
23 issued to any person holding a valid
24 Illinois CDL for the purpose of
25 making a change in a classification,
26 endorsement or restriction........................$5
27 CDL duplicate or corrected license.....................$5
28 In order to ensure the proper implementation of the
29 Uniform Commercial Driver License Act, Article V of this
30 Chapter, the Secretary of State is empowered to pro-rate the
31 $24 fee for the commercial driver's license proportionate to
32 the expiration date of the applicant's Illinois driver's
33 license.
34 The fee for any duplicate license or permit shall be
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1 waived for any person age 60 or older who presents the
2 Secretary of State's office with a police report showing that
3 his license or permit was stolen.
4 No additional fee shall be charged for a driver's
5 license, or for a commercial driver's license, when issued to
6 the holder of an instruction permit for the same
7 classification or type of license who becomes eligible for
8 such license.
9 (b) Any person whose license or privilege to operate a
10 motor vehicle in this State has been suspended or revoked
11 under any provision of Chapter 6, Chapter 11, or Section
12 7-702 of the Family Financial Responsibility Law of this
13 Code, shall in addition to any other fees required by this
14 Code, pay a reinstatement fee as follows:
15 Summary suspension under Section 11-501.1 or 11-501.5.$60
16 Other suspension......................................$30
17 Revocation............................................$60
18 However, any person whose license or privilege to operate
19 a motor vehicle in this State has been suspended or revoked
20 for a second or subsequent time for a violation of Section
21 11-501 or 11-501.1 of this Code or a similar provision of a
22 local ordinance, a violation of or Section 9-3 of the
23 Criminal Code of 1961, or a failure to submit to a chemical
24 test or tests of blood, breath, or urine pursuant to Section
25 11-501.1 or to a preliminary breath screening test or a field
26 sobriety test or tests pursuant to Section 11-501.5 of this
27 Code and each suspension or revocation was for a violation of
28 Section 11-501 or 11-501.1 of this Code or a similar
29 provision of a local ordinance, a violation of or Section 9-3
30 of the Criminal Code of 1961, a violation of any out-of-state
31 offense similar to any of the offenses listed in this
32 subsection (b), or a failure to submit to a chemical test or
33 tests of blood, breath, or urine pursuant to Section 11-501.1
34 or to a preliminary breath screening test or a field sobriety
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1 test or tests pursuant to Section 11-501.5 of this Code or
2 similar provisions of an out-of-state jurisdiction shall pay,
3 in addition to any other fees required by this Code, a
4 reinstatement fee as follows:
5 Summary suspension under Section 11-501.1 or
6 11-501.5..................................$250
7 Revocation...........................................$250
8 (c) All fees collected under the provisions of this
9 Chapter 6 shall be paid into the Road Fund in the State
10 Treasury except as follows:
11 1. The following amounts shall be paid into the
12 Driver Education Fund:
13 (A) $16 of the $20 fee for an original
14 driver's instruction permit;
15 (B) $5 of the $10 fee for an original driver's
16 license;
17 (C) $5 of the $10 fee for a 4 year renewal
18 driver's license; and
19 (D) $4 of the $8 fee for a restricted driving
20 permit.
21 2. $30 of the $60 fee for reinstatement of a license
22 summarily suspended under Section 11-501.1 or 11-501.5
23 shall be deposited into the Drunk and Drugged Driving
24 Prevention Fund. However, for a person whose license or
25 privilege to operate a motor vehicle in this State has
26 been suspended or revoked for a second or subsequent time
27 for a violation of Section 11-501 or 11-501.1 of this
28 Code or a similar provision of a local ordinance, a
29 violation of or Section 9-3 of the Criminal Code of 1961,
30 a violation of any out-of-state offense similar to any of
31 the offenses listed in this paragraph (2) of subsection
32 (c), or a failure to submit to a chemical test or tests
33 of blood, breath, or urine pursuant to Section 11-501.1
34 or to a preliminary breath screening test or a field
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1 sobriety test or tests pursuant to Section 11-501.5 of
2 this Code or similar provisions of an out-of-state
3 jurisdiction $190 of the $250 fee for reinstatement of a
4 license summarily suspended under Section 11-501.1, or
5 11-501.5 and $190 of the $250 fee for reinstatement of a
6 revoked license shall be deposited into the Drunk and
7 Drugged Driving Prevention Fund.
8 3. $6 of such original or renewal fee for a
9 commercial driver's license and $6 of the commercial
10 driver instruction permit fee when such permit is issued
11 to any person holding a valid Illinois driver's license,
12 shall be paid into the CDLIS/AAMVAnet Trust Fund.
13 4. The fee for reinstatement of a license suspended
14 under the Family Financial Responsibility Law shall be
15 paid into the Family Responsibility Fund.
16 5. The $5 fee for each original or renewal M or L
17 endorsement shall be deposited into the Cycle Rider
18 Safety Training Fund.
19 6. $20 of any original or renewal fee for a
20 commercial driver's license or commercial driver
21 instruction permit shall be paid into the Motor Carrier
22 Safety Inspection Fund.
23 (Source: P.A. 90-622, eff. 3-1-99; 90-738, eff. 1-1-99;
24 91-357, eff. 7-29-99; 91-537, eff. 8-13-99.)
25 (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
26 Sec. 6-203.1. (a) Except as set forth in subsection (c),
27 the Secretary of State is authorized to suspend the driving
28 privileges of a person persons:
29 (1) arrested in another state for driving under the
30 influence of alcohol, other drug or drugs, or
31 intoxicating compound or compounds, or any combination
32 thereof, or a similar provision, and who has refused to
33 submit to a chemical test or tests, a preliminary breath
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1 screening test, or a field sobriety test or tests under
2 the provisions of implied consent, or.
3 (2) requested to submit to a field sobriety test or
4 tests or a preliminary breath screening test in another
5 state under provisions of implied consent and who has
6 refused to submit to the test or tests.
7 (b) When a driving privilege has been suspended for a
8 refusal as provided in paragraph (a) and the person is
9 subsequently convicted of the underlying charge, for the same
10 incident, any period served on suspension shall be credited
11 toward the minimum period of revocation of driving privileges
12 imposed pursuant to Section 6-206.
13 (c) The Secretary of State is not authorized to suspend
14 the driving privileges of a person solely for the failure of
15 that person to submit to a preliminary breath screening test
16 or a field sobriety test or tests pursuant to Section
17 11-501.5 where that person has not previously: (i) refused to
18 submit to a preliminary breath screening test or a field
19 sobriety test or tests or similar tests of an out-of-state
20 jurisdiction; (ii) refused to submit to a chemical test of
21 blood, breath, or urine pursuant to Section 11-501.1 or a
22 similar test or tests of an out-of-state jurisdiction; and
23 (iii) been convicted or given supervision for a violation of
24 Section 11-501 or similar provision of a local ordinance or
25 out-of-state jurisdiction.
26 (Source: P.A. 90-779, eff. 1-1-99.)
27 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
28 Sec. 6-206. Discretionary authority to suspend or revoke
29 license or permit; Right to a hearing.
30 (a) The Secretary of State is authorized to suspend or
31 revoke the driving privileges of any person without
32 preliminary hearing upon a showing of the person's records or
33 other sufficient evidence that the person:
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1 1. Has committed an offense for which mandatory
2 revocation of a driver's license or permit is required
3 upon conviction;
4 2. Has been convicted of not less than 3 offenses
5 against traffic regulations governing the movement of
6 vehicles committed within any 12 month period. No
7 revocation or suspension shall be entered more than 6
8 months after the date of last conviction;
9 3. Has been repeatedly involved as a driver in
10 motor vehicle collisions or has been repeatedly convicted
11 of offenses against laws and ordinances regulating the
12 movement of traffic, to a degree that indicates lack of
13 ability to exercise ordinary and reasonable care in the
14 safe operation of a motor vehicle or disrespect for the
15 traffic laws and the safety of other persons upon the
16 highway;
17 4. Has by the unlawful operation of a motor vehicle
18 caused or contributed to an accident resulting in death
19 or injury requiring immediate professional treatment in a
20 medical facility or doctor's office to any person, except
21 that any suspension or revocation imposed by the
22 Secretary of State under the provisions of this
23 subsection shall start no later than 6 months after being
24 convicted of violating a law or ordinance regulating the
25 movement of traffic, which violation is related to the
26 accident, or shall start not more than one year after the
27 date of the accident, whichever date occurs later;
28 5. Has permitted an unlawful or fraudulent use of a
29 driver's license, identification card, or permit;
30 6. Has been lawfully convicted of an offense or
31 offenses in another state, including the authorization
32 contained in Section 6-203.1, which if committed within
33 this State would be grounds for suspension or revocation;
34 7. Has refused or failed to submit to an
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1 examination provided for by Section 6-207 or has failed
2 to pass the examination;
3 8. Is ineligible for a driver's license or permit
4 under the provisions of Section 6-103;
5 9. Has made a false statement or knowingly
6 concealed a material fact or has used false information
7 or identification in any application for a license,
8 identification card, or permit;
9 10. Has possessed, displayed, or attempted to
10 fraudulently use any license, identification card, or
11 permit not issued to the person;
12 11. Has operated a motor vehicle upon a highway of
13 this State when the person's driving privilege or
14 privilege to obtain a driver's license or permit was
15 revoked or suspended unless the operation was authorized
16 by a judicial driving permit, probationary license to
17 drive, or a restricted driving permit issued under this
18 Code;
19 12. Has submitted to any portion of the application
20 process for another person or has obtained the services
21 of another person to submit to any portion of the
22 application process for the purpose of obtaining a
23 license, identification card, or permit for some other
24 person;
25 13. Has operated a motor vehicle upon a highway of
26 this State when the person's driver's license or permit
27 was invalid under the provisions of Sections 6-107.1 and
28 6-110;
29 14. Has committed a violation of Section 6-301,
30 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
31 14B of the Illinois Identification Card Act;
32 15. Has been convicted of violating Section 21-2 of
33 the Criminal Code of 1961 relating to criminal trespass
34 to vehicles in which case, the suspension shall be for
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1 one year;
2 16. Has been convicted of violating Section 11-204
3 of this Code relating to fleeing from a police officer;
4 17. Except as set forth in subsection (c) of
5 Section 6-203.1, has refused to submit to a test, or
6 tests, as required under Section 11-501.1 or 11-501.5 of
7 this Code and the person has not sought a hearing as
8 provided for in Section 11-501.1 or 11-501.5;
9 18. Has, since issuance of a driver's license or
10 permit, been adjudged to be afflicted with or suffering
11 from any mental disability or disease;
12 19. Has committed a violation of paragraph (a) or
13 (b) of Section 6-101 relating to driving without a
14 driver's license;
15 20. Has been convicted of violating Section 6-104
16 relating to classification of driver's license;
17 21. Has been convicted of violating Section 11-402
18 of this Code relating to leaving the scene of an accident
19 resulting in damage to a vehicle in excess of $1,000, in
20 which case the suspension shall be for one year;
21 22. Has used a motor vehicle in violating paragraph
22 (3), (4), (7), or (9) of subsection (a) of Section 24-1
23 of the Criminal Code of 1961 relating to unlawful use of
24 weapons, in which case the suspension shall be for one
25 year;
26 23. Has, as a driver, been convicted of committing
27 a violation of paragraph (a) of Section 11-502 of this
28 Code for a second or subsequent time within one year of a
29 similar violation;
30 24. Has been convicted by a court-martial or
31 punished by non-judicial punishment by military
32 authorities of the United States at a military
33 installation in Illinois of or for a traffic related
34 offense that is the same as or similar to an offense
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1 specified under Section 6-205 or 6-206 of this Code;
2 25. Has permitted any form of identification to be
3 used by another in the application process in order to
4 obtain or attempt to obtain a license, identification
5 card, or permit;
6 26. Has altered or attempted to alter a license or
7 has possessed an altered license, identification card, or
8 permit;
9 27. Has violated Section 6-16 of the Liquor Control
10 Act of 1934;
11 28. Has been convicted of the illegal possession,
12 while operating or in actual physical control, as a
13 driver, of a motor vehicle, of any controlled substance
14 prohibited under the Illinois Controlled Substances Act
15 or any cannabis prohibited under the provisions of the
16 Cannabis Control Act, in which case the person's driving
17 privileges shall be suspended for one year, and any
18 driver who is convicted of a second or subsequent
19 offense, within 5 years of a previous conviction, for the
20 illegal possession, while operating or in actual physical
21 control, as a driver, of a motor vehicle, of any
22 controlled substance prohibited under the provisions of
23 the Illinois Controlled Substances Act or any cannabis
24 prohibited under the Cannabis Control Act shall be
25 suspended for 5 years. Any defendant found guilty of this
26 offense while operating a motor vehicle, shall have an
27 entry made in the court record by the presiding judge
28 that this offense did occur while the defendant was
29 operating a motor vehicle and order the clerk of the
30 court to report the violation to the Secretary of State;
31 29. Has been convicted of the following offenses
32 that were committed while the person was operating or in
33 actual physical control, as a driver, of a motor vehicle:
34 criminal sexual assault, predatory criminal sexual
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1 assault of a child, aggravated criminal sexual assault,
2 criminal sexual abuse, aggravated criminal sexual abuse,
3 juvenile pimping, soliciting for a juvenile prostitute
4 and the manufacture, sale or delivery of controlled
5 substances or instruments used for illegal drug use or
6 abuse in which case the driver's driving privileges shall
7 be suspended for one year;
8 30. Has been convicted a second or subsequent time
9 for any combination of the offenses named in paragraph 29
10 of this subsection, in which case the person's driving
11 privileges shall be suspended for 5 years;
12 31. Has refused to submit to a test as required by
13 Section 11-501.6 or has submitted to a test resulting in
14 an alcohol concentration of 0.08 or more or any amount of
15 a drug, substance, or compound resulting from the
16 unlawful use or consumption of cannabis as listed in the
17 Cannabis Control Act or a controlled substance as listed
18 in the Illinois Controlled Substances Act in which case
19 the penalty shall be as prescribed in Section 6-208.1;
20 32. Has been convicted of Section 24-1.2 of the
21 Criminal Code of 1961 relating to the aggravated
22 discharge of a firearm if the offender was located in a
23 motor vehicle at the time the firearm was discharged, in
24 which case the suspension shall be for 3 years;
25 33. Has as a driver, who was less than 21 years of
26 age on the date of the offense, been convicted a first
27 time of a violation of paragraph (a) of Section 11-502 of
28 this Code or a similar provision of a local ordinance;
29 34. Has committed a violation of Section 11-1301.5
30 of this Code;
31 35. Has committed a violation of Section 11-1301.6
32 of this Code; or
33 36. Is under the age of 21 years at the time of
34 arrest and has been convicted of not less than 2
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1 offenses against traffic regulations governing the
2 movement of vehicles committed within any 24 month
3 period. No revocation or suspension shall be entered
4 more than 6 months after the date of last conviction.
5 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
6 and 27 of this subsection, license means any driver's
7 license, any traffic ticket issued when the person's driver's
8 license is deposited in lieu of bail, a suspension notice
9 issued by the Secretary of State, a duplicate or corrected
10 driver's license, a probationary driver's license or a
11 temporary driver's license.
12 (b) If any conviction forming the basis of a suspension
13 or revocation authorized under this Section is appealed, the
14 Secretary of State may rescind or withhold the entry of the
15 order of suspension or revocation, as the case may be,
16 provided that a certified copy of a stay order of a court is
17 filed with the Secretary of State. If the conviction is
18 affirmed on appeal, the date of the conviction shall relate
19 back to the time the original judgment of conviction was
20 entered and the 6 month limitation prescribed shall not
21 apply.
22 (c) 1. Upon suspending or revoking the driver's license
23 or permit of any person as authorized in this Section,
24 the Secretary of State shall immediately notify the
25 person in writing of the revocation or suspension. The
26 notice to be deposited in the United States mail, postage
27 prepaid, to the last known address of the person.
28 2. If the Secretary of State suspends the driver's
29 license of a person under subsection 2 of paragraph (a)
30 of this Section, a person's privilege to operate a
31 vehicle as an occupation shall not be suspended, provided
32 an affidavit is properly completed, the appropriate fee
33 received, and a permit issued prior to the effective date
34 of the suspension, unless 5 offenses were committed, at
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1 least 2 of which occurred while operating a commercial
2 vehicle in connection with the driver's regular
3 occupation. All other driving privileges shall be
4 suspended by the Secretary of State. Any driver prior to
5 operating a vehicle for occupational purposes only must
6 submit the affidavit on forms to be provided by the
7 Secretary of State setting forth the facts of the
8 person's occupation. The affidavit shall also state the
9 number of offenses committed while operating a vehicle in
10 connection with the driver's regular occupation. The
11 affidavit shall be accompanied by the driver's license.
12 Upon receipt of a properly completed affidavit, the
13 Secretary of State shall issue the driver a permit to
14 operate a vehicle in connection with the driver's regular
15 occupation only. Unless the permit is issued by the
16 Secretary of State prior to the date of suspension, the
17 privilege to drive any motor vehicle shall be suspended
18 as set forth in the notice that was mailed under this
19 Section. If an affidavit is received subsequent to the
20 effective date of this suspension, a permit may be issued
21 for the remainder of the suspension period.
22 The provisions of this subparagraph shall not apply
23 to any driver required to obtain a commercial driver's
24 license under Section 6-507 during the period of a
25 disqualification of commercial driving privileges under
26 Section 6-514.
27 Any person who falsely states any fact in the
28 affidavit required herein shall be guilty of perjury
29 under Section 6-302 and upon conviction thereof shall
30 have all driving privileges revoked without further
31 rights.
32 3. At the conclusion of a hearing under Section
33 2-118 of this Code, the Secretary of State shall either
34 rescind or continue an order of revocation or shall
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1 substitute an order of suspension; or, good cause
2 appearing therefor, rescind, continue, change, or extend
3 the order of suspension. If the Secretary of State does
4 not rescind the order, the Secretary may upon
5 application, to relieve undue hardship, issue a
6 restricted driving permit granting the privilege of
7 driving a motor vehicle between the petitioner's
8 residence and petitioner's place of employment or within
9 the scope of his employment related duties, or to allow
10 transportation for the petitioner, or a household member
11 of the petitioner's family, to receive necessary medical
12 care and if the professional evaluation indicates,
13 provide transportation for alcohol remedial or
14 rehabilitative activity, or for the petitioner to attend
15 classes, as a student, in an accredited educational
16 institution; if the petitioner is able to demonstrate
17 that no alternative means of transportation is reasonably
18 available and the petitioner will not endanger the public
19 safety or welfare. In each case the Secretary may issue a
20 restricted driving permit for a period deemed
21 appropriate, except that all permits shall expire within
22 one year from the date of issuance. A restricted driving
23 permit issued under this Section shall be subject to
24 cancellation, revocation, and suspension by the Secretary
25 of State in like manner and for like cause as a driver's
26 license issued under this Code may be cancelled, revoked,
27 or suspended; except that a conviction upon one or more
28 offenses against laws or ordinances regulating the
29 movement of traffic shall be deemed sufficient cause for
30 the revocation, suspension, or cancellation of a
31 restricted driving permit. The Secretary of State may, as
32 a condition to the issuance of a restricted driving
33 permit, require the applicant to participate in a
34 designated driver remedial or rehabilitative program. The
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1 Secretary of State is authorized to cancel a restricted
2 driving permit if the permit holder does not successfully
3 complete the program.
4 (c-5) The Secretary of State may, as a condition of the
5 reissuance of a driver's license or permit to an applicant
6 under the age of 18 years whose driver's license or permit
7 has been suspended pursuant to any of the provisions of this
8 Section, require the applicant to participate in a driver
9 remedial education course and be retested under Section 6-109
10 of this Code.
11 (d) This Section is subject to the provisions of the
12 Drivers License Compact.
13 (e) The Secretary of State shall not issue a restricted
14 driving permit to a person under the age of 16 years whose
15 driving privileges have been suspended or revoked under any
16 provisions of this Code.
17 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
18 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
19 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)
20 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
21 Sec. 6-206.1. Judicial Driving Permit. Declaration of
22 Policy. It is hereby declared a policy of the State of
23 Illinois that the driver who is impaired by alcohol, other
24 drug or drugs, or intoxicating compound or compounds is a
25 threat to the public safety and welfare. Therefore, to
26 provide a deterrent to such practice and to remove problem
27 drivers from the highway, a statutory summary driver's
28 license suspension is appropriate. It is also recognized that
29 driving is a privilege and therefore, that in some cases the
30 granting of limited driving privileges, where consistent with
31 public safety, is warranted during the period of suspension
32 in the form of a judicial driving permit to drive for the
33 purpose of employment, receiving drug treatment or medical
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1 care, and educational pursuits, where no alternative means of
2 transportation is available.
3 The following procedures shall apply whenever a first
4 offender is arrested for any offense as defined in Section
5 11-501 or a similar provision of a local ordinance or has
6 refused to submit to a preliminary breath screening test or
7 field sobriety test or tests pursuant to Section 11-501.5:
8 (a) Subsequent to a notification of a statutory summary
9 suspension of driving privileges as provided in Section
10 11-501.1 or 11-501.5, the first offender as defined in
11 Section 11-500 may petition the circuit court of venue for a
12 Judicial Driving Permit, hereinafter referred as a JDP, to
13 relieve undue hardship. The court may issue a court order,
14 pursuant to the criteria contained in this Section, directing
15 the Secretary of State to issue such a JDP to the petitioner.
16 A JDP shall not become effective prior to the 31st day of the
17 original statutory summary suspension and shall always be
18 subject to the following criteria:
19 1. If ordered for the purposes of employment, the
20 JDP shall be only for the purpose of providing the
21 petitioner the privilege of driving a motor vehicle
22 between the petitioner's residence and the petitioner's
23 place of employment and return; or within the scope of
24 the petitioner's employment related duties, shall be
25 effective only during and limited to those specific times
26 and routes actually required to commute or perform the
27 petitioner's employment related duties.
28 2. The court, by a court order, may also direct the
29 Secretary of State to issue a JDP to allow transportation
30 for the petitioner, or a household member of the
31 petitioner's family, to receive alcohol, drug, or
32 intoxicating compound treatment or medical care, if the
33 petitioner is able to demonstrate that no alternative
34 means of transportation is reasonably available. Such JDP
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1 shall be effective only during the specific times
2 actually required to commute.
3 3. The court, by a court order, may also direct the
4 Secretary of State to issue a JDP to allow transportation
5 by the petitioner for educational purposes upon
6 demonstrating that there are no alternative means of
7 transportation reasonably available to accomplish those
8 educational purposes. Such JDP shall be only for the
9 purpose of providing transportation to and from the
10 petitioner's residence and the petitioner's place of
11 educational activity, and only during the specific times
12 and routes actually required to commute or perform the
13 petitioner's educational requirement.
14 4. The Court shall not issue an order granting a
15 JDP to:
16 (i) Any person unless and until the court,
17 after considering the results of a current
18 professional evaluation of the person's alcohol or
19 other drug use by an agency pursuant to Section
20 15-10 of the Alcoholism and Other Drug Abuse and
21 Dependency Act and other appropriate investigation
22 of the person, is satisfied that granting the
23 privilege of driving a motor vehicle on the highways
24 will not endanger the public safety or welfare.
25 (ii) Any person who has been convicted of
26 reckless homicide within the previous 5 years.
27 (iii) Any person whose privilege to operate a
28 motor vehicle was invalid at the time of arrest for
29 the current violation of Section 11-501, or a
30 similar provision of a local ordinance, except in
31 cases where the cause for a driver's license
32 suspension has been removed at the time a JDP is
33 effective. In any case, should the Secretary of
34 State enter a suspension or revocation of driving
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1 privileges pursuant to the provisions of this Code
2 while the JDP is in effect or pending, the Secretary
3 shall take the prescribed action and provide a
4 notice to the person and the court ordering the
5 issuance of the JDP that all driving privileges,
6 including those provided by the issuance of the JDP,
7 have been withdrawn.
8 (iv) Any person under the age of 18 years.
9 (b) Prior to ordering the issuance of a JDP the Court
10 should consider at least, but not be limited to, the
11 following issues:
12 1. Whether the person is employed and no other
13 means of commuting to the place of employment is
14 available or that the person must drive as a condition of
15 employment. The employer shall certify the hours of
16 employment and the need and parameters necessary for
17 driving as a condition to employment.
18 2. Whether the person must drive to secure alcohol
19 or other medical treatment for himself or a family
20 member.
21 3. Whether the person must drive for educational
22 purposes. The educational institution shall certify the
23 person's enrollment in and academic schedule at the
24 institution.
25 4. Whether the person has been repeatedly convicted
26 of traffic violations or involved in motor vehicle
27 accidents to a degree which indicates disrespect for
28 public safety.
29 5. Whether the person has been convicted of a
30 traffic violation in connection with a traffic accident
31 resulting in the death of any person within the last 5
32 years.
33 6. Whether the person is likely to obey the limited
34 provisions of the JDP.
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1 7. Whether the person has any additional traffic
2 violations pending in any court.
3 For purposes of this Section, programs conducting
4 professional evaluations of a person's alcohol, other drug,
5 or intoxicating compound use must report, to the court of
6 venue, using a form prescribed by the Secretary of State. A
7 copy of such evaluations shall be sent to the Secretary of
8 State by the court. However, the evaluation information shall
9 be privileged and only available to courts and to the
10 Secretary of State, but shall not be admissible in the
11 subsequent trial on the underlying charge.
12 (c) The scope of any court order issued for a JDP under
13 this Section shall be limited to the operation of a motor
14 vehicle as provided for in subsection (a) of this Section and
15 shall specify the petitioner's residence, place of employment
16 or location of educational institution, and the scope of job
17 related duties, if relevant. The JDP shall also specify days
18 of the week and specific hours of the day when the petitioner
19 is able to exercise the limited privilege of operating a
20 motor vehicle. If the Petitioner, who has been granted a JDP,
21 is issued a citation for a traffic related offense, including
22 operating a motor vehicle outside the limitations prescribed
23 in the JDP or a violation of Section 6-303, or is convicted
24 of any such an offense during the term of the JDP, the court
25 shall consider cancellation of the limited driving permit.
26 In any case, if the Petitioner commits an offense, as defined
27 in Section 11-501, or a similar provision of a local
28 ordinance, as evidenced by the issuance of a Uniform Traffic
29 Ticket, the JDP shall be forwarded by the court of venue to
30 the court ordering the issuance of the JDP, for cancellation.
31 The court shall notify the Secretary of State of any such
32 cancellation.
33 (d) The Secretary of State shall, upon receiving a court
34 order from the court of venue, issue a JDP to a successful
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1 Petitioner under this Section. Such court order form shall
2 also contain a notification, which shall be sent to the
3 Secretary of State, providing the name, driver's license
4 number and legal address of the successful petitioner, and
5 the full and detailed description of the limitations of the
6 JDP. This information shall be available only to the courts,
7 police officers, and the Secretary of State, except during
8 the actual period the JDP is valid, during which time it
9 shall be a public record. The Secretary of State shall design
10 and furnish to the courts an official court order form to be
11 used by the courts when directing the Secretary of State to
12 issue a JDP.
13 Any submitted court order that contains insufficient data
14 or fails to comply with this Code shall not be utilized for
15 JDP issuance or entered to the driver record but shall be
16 returned to the issuing court indicating why the JDP cannot
17 be so entered. A notice of this action shall also be sent to
18 the JDP petitioner by the Secretary of State.
19 (e) The circuit court of venue may conduct the judicial
20 hearing, as provided in Section 2-118.1, and the JDP hearing
21 provided in this Section, concurrently. Such concurrent
22 hearing shall proceed in the court in the same manner as in
23 other civil proceedings.
24 (f) The circuit court of venue may, as a condition of
25 the issuance of a JDP, prohibit the person from operating a
26 motor vehicle not equipped with an ignition interlock device.
27 (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99;
28 91-127, eff. 1-1-00.)
29 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
30 Sec. 6-208. Period of Suspension - Application After
31 Revocation.
32 (a) Except as otherwise provided by this Code or any
33 other law of this State, the Secretary of State shall not
-26- LRB9110396DHks
1 suspend a driver's license, permit or privilege to drive a
2 motor vehicle on the highways for a period of more than one
3 year.
4 (b) Any person whose license, permit or privilege to
5 drive a motor vehicle on the highways has been revoked shall
6 not be entitled to have such license, permit or privilege
7 renewed or restored. However, such person may, except as
8 provided under subsection (d) of Section 6-205, make
9 application for a license pursuant to Section 6-106 (i) if
10 the revocation was for a cause which has been removed or (ii)
11 as provided in the following subparagraphs:
12 1. Except as provided in subparagraphs 2, 3, and 4,
13 the person may make application for a license after the
14 expiration of one year from the effective date of the
15 revocation or, in the case of a violation of paragraph
16 (b) of Section 11-401 of this Code or a similar provision
17 of a local ordinance, after the expiration of 3 years
18 from the effective date of the revocation or, in the case
19 of a violation of Section 9-3 of the Criminal Code of
20 1961 relating to the offense of reckless homicide, after
21 the expiration of 2 years from the effective date of the
22 revocation.
23 2. If such person is convicted of committing a
24 second violation within a 20 year period of:
25 (A) Section 11-501 of this Code, or a similar
26 provision of a local ordinance; or
27 (B) Paragraph (b) of Section 11-401 of this
28 Code, or a similar provision of a local ordinance;
29 or
30 (C) Section 9-3 of the Criminal Code of 1961,
31 as amended, relating to the offense of reckless
32 homicide; or
33 (D) any combination of the above offenses
34 committed at different instances;
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1 then such person may not make application for a license
2 until after the expiration of 5 years from the effective
3 date of the most recent revocation. The 20 year period
4 shall be computed by using the dates the offenses were
5 committed and shall also include similar out-of-state
6 offenses.
7 3. However, except as provided in subparagraph 4,
8 if such person is convicted of committing a third, or
9 subsequent, violation or any combination of the above
10 offenses, including similar out-of-state offenses,
11 contained in subparagraph 2, then such person may not
12 make application for a license until after the expiration
13 of 10 years from the effective date of the most recent
14 revocation.
15 4. The person may not make application for a
16 license if the person is convicted of committing a fourth
17 or subsequent violation of Section 11-501 of this Code or
18 a similar provision of a local ordinance, paragraph (b)
19 of Section 11-401 of this Code, Section 9-3 of the
20 Criminal Code of 1961, or a combination of these offenses
21 or similar provisions of local ordinances or similar
22 out-of-state offenses if the original revocation or
23 suspension was for a violation of Section 11-501 or
24 11-501.1 of this Code or a similar provision of a local
25 ordinance.
26 Notwithstanding any other provision of this Code, all
27 persons referred to in this paragraph (b) may not have their
28 privileges restored until the Secretary receives payment of
29 the required reinstatement fee pursuant to subsection (b) of
30 Section 6-118.
31 In no event shall the Secretary issue such license unless
32 and until such person has had a hearing pursuant to this Code
33 and the appropriate administrative rules and the Secretary is
34 satisfied, after a review or investigation of such person,
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1 that to grant the privilege of driving a motor vehicle on the
2 highways will not endanger the public safety or welfare.
3 (Source: P.A. 90-543, eff. 12-1-97; 90-738, eff. 1-1-99;
4 91-357, eff. 7-29-99.)
5 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
6 Sec. 6-208.1. Period of statutory summary alcohol, other
7 drug, or intoxicating compound related suspension.
8 (a) Unless the statutory summary suspension has been
9 rescinded, any person whose privilege to drive a motor
10 vehicle on the public highways has been summarily suspended,
11 pursuant to Section 11-501.1 or 11-501.5, shall not be
12 eligible for restoration of the privilege until the
13 expiration of:
14 1. Six months from the effective date of the
15 statutory summary suspension for a refusal or failure to
16 complete a test or tests to determine the alcohol, drug,
17 or intoxicating compound concentration, pursuant to
18 Section 11-501.1; or
19 1.1. Four months from the effective date of the
20 statutory summary suspension for a refusal or failure to
21 complete a preliminary breath screening test or field
22 sobriety test or tests under Section 11-501.5; or
23 2. Three months from the effective date of the
24 statutory summary suspension imposed following the
25 person's submission to a chemical test which disclosed an
26 alcohol concentration of 0.08 or more, or any amount of a
27 drug, substance, or intoxicating compound in such
28 person's breath, blood, or urine resulting from the
29 unlawful use or consumption of cannabis listed in the
30 Cannabis Control Act, a controlled substance listed in
31 the Illinois Controlled Substances Act, or an
32 intoxicating compound listed in the Use of Intoxicating
33 Compounds Act, pursuant to Section 11-501.1; or
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1 3. Three years from the effective date of the
2 statutory summary suspension for any person other than a
3 first offender who refuses or fails to complete a test or
4 tests to determine the alcohol, drug, or intoxicating
5 compound concentration pursuant to Section 11-501.1; or
6 3.1. 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
9 preliminary breath screening test or field sobriety test
10 or tests under Section 11-501.5; 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, a controlled
19 substance listed in the Illinois Controlled Substances
20 Act, or an intoxicating compound listed in the Use of
21 Intoxicating Compounds Act.
22 (b) Following a statutory summary suspension of the
23 privilege to drive a motor vehicle under Section 11-501.1 or
24 11-501.5, full driving privileges shall be restored unless
25 the person is otherwise disqualified by this Code. If the
26 court has reason to believe that the person's driving
27 privilege should not be restored, the court shall notify the
28 Secretary of State prior to the expiration of the statutory
29 summary suspension so appropriate action may be taken
30 pursuant to 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.
-30- LRB9110396DHks
1 (d) Where a driving privilege has been summarily
2 suspended under Section 11-501.1 or 11-501.5 and the person
3 is 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 or 11-501.5, for a
10 first offender, the circuit court may, after at least 30 days
11 from the effective date of the statutory summary suspension,
12 issue a judicial driving permit as provided in Section
13 6-206.1.
14 (f) Subsequent to an arrest of a first offender, for any
15 offense as defined in Section 11-501 or a similar provision
16 of a local ordinance, following a statutory summary
17 suspension of driving privileges pursuant to Section
18 11-501.1, for a first offender, or following the failure of a
19 person to submit to a preliminary breath screening test or a
20 field sobriety test or tests pursuant to Section 11-501.5 for
21 a first offender, the circuit court may issue a court order
22 directing the Secretary of State to issue a judicial driving
23 permit as provided in Section 6-206.1. However, this JDP
24 shall not be effective prior to the 31st day of the statutory
25 summary suspension.
26 (g) Following a statutory summary suspension of driving
27 privileges pursuant to Section 11-501.1 or 11-501.5 where the
28 person was not a first offender, as defined in Section 11-500
29 and such person refused or failed to complete a test or tests
30 to determine the alcohol, drug, or intoxicating compound
31 concentration pursuant to Section 11-501.1 or a preliminary
32 breath screening test or field sobriety test or tests under
33 Section 11-501.5, the Secretary of State may issue a
34 restricted driving permit if at least 2 years have elapsed
-31- LRB9110396DHks
1 since the effective date of the statutory summary suspension
2 for a suspension issued pursuant to Section 11-501.1 or if at
3 least 16 months have elapsed since the effective date of a
4 suspension issued pursuant to Section 11-501.5.
5 (h) Following a statutory summary suspension of driving
6 privileges pursuant to Section 11-501.1 where the person was
7 not a first offender as defined in Section 11-500 and such
8 person submitted to a chemical test which disclosed an
9 alcohol concentration of 0.08 or more pursuant to Section
10 11-501.1, the Secretary of State may, after at least 90 days
11 from the effective date of the statutory summary suspension,
12 issue a restricted driving permit.
13 (i) When a person has refused to submit to or failed to
14 complete a chemical test or tests of blood, breath, or urine
15 pursuant to Section 11-501.1 or to a preliminary breath
16 screening test or field sobriety test or tests pursuant to
17 Section 11-501.5, except as set forth in subsection (c) of
18 Section 6-203.1, the person's driving privileges shall be
19 statutorily suspended under the provisions of both Sections,
20 but the periods of statutory suspension shall run
21 concurrently.
22 (Source: P.A. 90-43, eff. 7-2-97; 90-738, eff. 1-1-99;
23 90-779, eff. 1-1-99; 91-357, eff. 7-29-99.)
24 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
25 Sec. 6-303. Driving while driver's license, permit or
26 privilege to operate a motor vehicle is suspended or revoked.
27 (a) Any person who drives or is in actual physical
28 control of a motor vehicle on any highway of this State at a
29 time when such person's driver's license, permit or privilege
30 to do so or the privilege to obtain a driver's license or
31 permit is revoked or suspended as provided by this Code or
32 the law of another state, except as may be specifically
33 allowed by a judicial driving permit, family financial
-32- LRB9110396DHks
1 responsibility driving permit, probationary license to drive,
2 or a restricted driving permit issued pursuant to this Code
3 or under the law of another state, shall be guilty of a Class
4 A misdemeanor.
5 (b) The Secretary of State upon receiving a report of
6 the conviction of any violation indicating a person was
7 operating a motor vehicle during the time when said person's
8 driver's license, permit or privilege was suspended by the
9 Secretary, by the appropriate authority of another state, or
10 pursuant to Section 11-501.1 or 11-501.5, ; except as may be
11 specifically allowed by a probationary license to drive,
12 judicial driving permit or restricted driving permit issued
13 pursuant to this Code or the law of another state; shall
14 extend the suspension for the same period of time as the
15 originally imposed suspension; however, if the period of
16 suspension has then expired, the Secretary shall be
17 authorized to suspend said person's driving privileges for
18 the same period of time as the originally imposed suspension;
19 and if the conviction was upon a charge which indicated that
20 a vehicle was operated during the time when the person's
21 driver's license, permit or privilege was revoked; except as
22 may be allowed by a restricted driving permit issued pursuant
23 to this Code or the law of another state; the Secretary shall
24 not issue a driver's license for an additional period of one
25 year from the date of such conviction indicating such person
26 was operating a vehicle during such period of revocation.
27 (c) Any person convicted of violating this Section shall
28 serve a minimum term of imprisonment of 7 consecutive days or
29 30 days of community service when the person's driving
30 privilege was revoked or suspended as a result of:
31 (1) a violation of Section 11-501 of this Code or a
32 similar provision of a local ordinance relating to the
33 offense of operating or being in physical control of a
34 vehicle while under the influence of alcohol, any other
-33- LRB9110396DHks
1 drug or any combination thereof; or
2 (2) a violation of paragraph (b) of Section 11-401
3 of this Code or a similar provision of a local ordinance
4 relating to the offense of leaving the scene of a motor
5 vehicle accident involving personal injury or death; or
6 (3) a violation of Section 9-3 of the Criminal Code
7 of 1961, as amended, relating to the offense of reckless
8 homicide; or
9 (4) a statutory summary suspension under Section
10 11-501.1 or 11-501.5 of this Code.
11 Such sentence of imprisonment or community service shall
12 not be subject to suspension in order to reduce such
13 sentence.
14 (d) Any person convicted of a second or subsequent
15 violation of this Section shall be guilty of a Class 4 felony
16 if the original revocation or suspension was for a violation
17 of Section 11-401 or 11-501 of this Code, or a similar
18 out-of-state offense, or a similar provision of a local
19 ordinance, a violation of Section 9-3 of the Criminal Code of
20 1961, relating to the offense of reckless homicide, or a
21 similar out-of-state offense, or a statutory summary
22 suspension under Section 11-501.1 or 11-501.5 of this Code.
23 (e) Any person in violation of this Section who is also
24 in violation of Section 7-601 of this Code relating to
25 mandatory insurance requirements, in addition to other
26 penalties imposed under this Section, shall have his or her
27 motor vehicle immediately impounded by the arresting law
28 enforcement officer. The motor vehicle may be released to
29 any licensed driver upon a showing of proof of insurance for
30 the vehicle that was impounded and the notarized written
31 consent for the release by the vehicle owner.
32 (f) For any prosecution under this Section, a certified
33 copy of the driving abstract of the defendant shall be
34 admitted as proof of any prior conviction.
-34- LRB9110396DHks
1 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
2 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
3 90-738, eff. 1-1-99.)
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: (i) 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 (ii) any person who has not had a
14 driver's license suspension for violating Section 11-501.1 or
15 11-501.5 within 10 5 years prior to the date of the current
16 offense or failure to submit to or complete a chemical test
17 or tests of blood, breath, or urine pursuant to Section
18 11-501.1 or a preliminary breath screening test or a field
19 sobriety test or tests pursuant to Section 11-501.5, except
20 in cases where the driver submitted to chemical testing
21 resulting in an alcohol concentration of 0.08 or more, or any
22 amount of a drug, substance, or compound in such person's
23 blood or urine resulting from the unlawful use or consumption
24 of cannabis listed in the Cannabis Control Act, a controlled
25 substance listed in the Illinois Controlled Substances Act,
26 or an intoxicating compound listed in the Use of Intoxicating
27 Compounds Act and was subsequently found not guilty of
28 violating Section 11-501, or a similar provision of a local
29 ordinance. For the purpose of this Section, a person whose
30 driving privileges were not suspended solely for a failure to
31 submit to a preliminary breath screening test or field
32 sobriety test or tests, as set forth in subsection (c) of
33 Section 6-203.1, shall not be considered a first offender.
-35- LRB9110396DHks
1 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
2 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
3 Sec. 11-501. Driving while under the influence of
4 alcohol, other drug or drugs, intoxicating compound or
5 compounds or any combination thereof.
6 (a) A person shall not drive or be in actual physical
7 control of any vehicle within this State while:
8 (1) the alcohol concentration in the person's blood
9 or breath is 0.08 or more based on the definition of
10 blood and breath units in Section 11-501.2;
11 (2) under the influence of alcohol;
12 (3) under the influence of any intoxicating
13 compound or combination of intoxicating compounds to a
14 degree that renders the person incapable of driving
15 safely;
16 (4) under the influence of any other drug or
17 combination of drugs to a degree that renders the person
18 incapable of safely driving;
19 (5) under the combined influence of alcohol, other
20 drug or drugs, or intoxicating compound or compounds to a
21 degree that renders the person incapable of safely
22 driving; or
23 (6) there is any amount of a drug, substance, or
24 compound in the person's breath, blood, or urine
25 resulting from the unlawful use or consumption of
26 cannabis listed in the Cannabis Control Act, a controlled
27 substance listed in the Illinois Controlled Substances
28 Act, or an intoxicating compound listed in the Use of
29 Intoxicating Compounds Act.
30 (b) The fact that any person charged with violating this
31 Section is or has been legally entitled to use alcohol, other
32 drug or drugs, or intoxicating compound or compounds, or any
33 combination thereof, shall not constitute a defense against
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1 any charge of violating this Section.
2 (c) Except as provided under paragraphs (c-3) and (d) of
3 this Section, every person convicted of violating this
4 Section or a similar provision of a local ordinance, shall be
5 guilty of a Class A misdemeanor and, in addition to any other
6 criminal or administrative action, for any second conviction
7 of violating this Section or a similar provision of a law of
8 another state or local ordinance committed within 5 years of
9 a previous violation of this Section or a similar provision
10 of a local ordinance shall be mandatorily sentenced to a
11 minimum of 48 consecutive hours of imprisonment or assigned
12 to a minimum of 100 hours of community service as may be
13 determined by the court. Every person convicted of violating
14 this Section or a similar provision of a local ordinance
15 shall be subject to a mandatory minimum fine of $500 and a
16 mandatory 5 days of community service in a program benefiting
17 children if the person committed a violation of paragraph (a)
18 or a similar provision of a local ordinance while
19 transporting a person under age 16. Every person convicted a
20 second time for violating this Section or a similar provision
21 of a local ordinance within 5 years of a previous violation
22 of this Section or a similar provision of a law of another
23 state or local ordinance shall be subject to a mandatory
24 minimum fine of $1,000 $500 and 20 10 days of mandatory
25 community service in a program benefiting children if the
26 current offense was committed while transporting a person
27 under age 16. The imprisonment or assignment under this
28 subsection shall not be subject to suspension nor shall the
29 person be eligible for probation in order to reduce the
30 sentence or assignment.
31 (c-1) (1) A person who violates this Section during a
32 period in which his or her driving privileges are revoked
33 or suspended, where the revocation or suspension was for
34 a violation of this Section or a similar provision of a
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1 local ordinance, a failure to submit to a chemical test
2 or tests of blood, breath, or urine pursuant to , Section
3 11-501.1 or to a preliminary breath screening test or
4 field sobriety test or tests pursuant to Section 11-501.5
5 of this Code, a violation of , paragraph (b) of Section
6 11-401 of this Code, or a violation of Section 9-3 of the
7 Criminal Code of 1961 is guilty of a Class 4 felony.
8 (2) A person who violates this Section a third time
9 during a period in which his or her driving privileges
10 are revoked or suspended where the revocation or
11 suspension was for a violation of this Section, or a
12 similar violation of a local ordinance, a failure to
13 submit to a chemical test or tests of blood, breath, or
14 urine pursuant to Section 11-501.1 or to a preliminary
15 breath screening test or field sobriety test or tests
16 pursuant to Section 11-501.5 of this Code, a violation of
17 , paragraph (b) of Section 11-401 of this Code, or a
18 violation of Section 9-3 of the Criminal Code of 1961 is
19 guilty of a Class 3 felony.
20 (3) A person who violates this Section a fourth or
21 subsequent time during a period in which his or her
22 driving privileges are revoked or suspended where the
23 revocation or suspension was for a violation of this
24 Section or a similar violation of a local ordinance, a
25 failure to submit to a chemical test or tests of blood,
26 breath, or urine pursuant to, Section 11-501.1 or to a
27 preliminary breath screening test or field sobriety or
28 tests pursuant to Section 11-501.5 of this Code, a
29 violation of , paragraph (b) of Section 11-401 of this
30 Code, or a violation of Section 9-3 of the Criminal Code
31 of 1961 is guilty of a Class 2 felony.
32 (c-2) (Blank).
33 (c-3) Every person convicted of violating this Section
34 or a similar provision of a local ordinance who had a child
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1 under age 16 in the vehicle at the time of the offense shall
2 have his or her punishment under this Act enhanced by 2 days
3 of imprisonment for a first offense, 10 days of imprisonment
4 for a second offense, 30 days of imprisonment for a third
5 offense, and 90 days of imprisonment for a fourth or
6 subsequent offense, in addition to the fine and community
7 service required under subsection (c) and the possible
8 imprisonment required under subsection (d). The imprisonment
9 or assignment under this subsection shall not be subject to
10 suspension nor shall the person be eligible for probation in
11 order to reduce the sentence or assignment.
12 (d) (1) Every person convicted of committing a violation
13 of this Section shall be guilty of aggravated driving under
14 the influence of alcohol, other drug or drugs, or
15 intoxicating compound or compounds, or any combination
16 thereof if:
17 (A) the person committed a violation of this
18 Section, or a similar provision of a law of another state
19 or a local ordinance when the cause of action is the same
20 as or substantially similar to this Section, for the
21 third or subsequent time;
22 (B) the person committed a violation of paragraph
23 (a) while driving a school bus with children on board;
24 (C) the person in committing a violation of
25 paragraph (a) was involved in a motor vehicle accident
26 that resulted in great bodily harm or permanent
27 disability or disfigurement to another, when the
28 violation was a proximate cause of the injuries; or
29 (D) the person committed a violation of paragraph
30 (a) for a second time and has been previously convicted
31 of violating Section 9-3 of the Criminal Code of 1961
32 relating to reckless homicide in which the person was
33 determined to have been under the influence of alcohol,
34 other drug or drugs, or intoxicating compound or
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1 compounds as an element of the offense or the person has
2 previously been convicted under subparagraph (C) of this
3 paragraph (1).
4 (2) Aggravated driving under the influence of alcohol,
5 other drug or drugs, or intoxicating compound or compounds,
6 or any combination thereof is a Class 4 felony for which a
7 person, if sentenced to a term of imprisonment, shall be
8 sentenced to not less than one year and not more than 3 years
9 for a violation of subparagraph (A), (B) or (D) of paragraph
10 (1) of this subsection (d) and not less than one year and not
11 more than 12 years for a violation of subparagraph (C) of
12 paragraph (1) of this subsection (d). For any prosecution
13 under this subsection (d), a certified copy of the driving
14 abstract of the defendant shall be admitted as proof of any
15 prior conviction.
16 (e) After a finding of guilt and prior to any final
17 sentencing, or an order for supervision, for an offense based
18 upon an arrest for a violation of this Section or a similar
19 provision of a local ordinance, individuals shall be required
20 to undergo a professional evaluation to determine if an
21 alcohol, drug, or intoxicating compound abuse problem exists
22 and the extent of the problem. Programs conducting these
23 evaluations shall be licensed by the Department of Human
24 Services. The cost of any professional evaluation shall be
25 paid for by the individual required to undergo the
26 professional evaluation.
27 (f) Every person found guilty of violating this Section,
28 whose operation of a motor vehicle while in violation of this
29 Section proximately caused any incident resulting in an
30 appropriate emergency response, shall be liable for the
31 expense of an emergency response as provided under Section
32 5-5-3 of the Unified Code of Corrections.
33 (g) The Secretary of State shall revoke the driving
34 privileges of any person convicted under this Section or a
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1 similar provision of a local ordinance.
2 (h) Every person sentenced under subsection (d) of this
3 Section and who receives a term of probation or conditional
4 discharge shall be required to serve a minimum term of either
5 30 days community service or, beginning July 1, 1993, 48
6 consecutive hours of imprisonment as a condition of the
7 probation or conditional discharge. This mandatory minimum
8 term of imprisonment or assignment of community service shall
9 not be suspended and shall not be subject to reduction by the
10 court.
11 (i) The Secretary of State may use ignition interlock
12 device requirements when granting driving relief to
13 individuals who have been arrested for a second or subsequent
14 offense of this Section or a similar provision of a local
15 ordinance. The Secretary shall establish by rule and
16 regulation the procedures for use of the interlock system.
17 (j) In addition to any other penalties and liabilities,
18 a person who is found guilty of violating this Section shall
19 be fined $100, payable to the circuit clerk, who shall
20 distribute the money to the law enforcement agency that made
21 the arrest. In the event that more than one agency is
22 responsible for the arrest, the $100 shall be shared equally.
23 Any moneys received by a law enforcement agency under this
24 subsection (j) shall be used to purchase law enforcement
25 equipment that will assist in the prevention of alcohol
26 related criminal violence throughout the State. This shall
27 include, but is not limited to, in-car video cameras, radar
28 and laser speed detection devices, and alcohol breath
29 testers.
30 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
31 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
32 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
33 eff. 7-29-99.)
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1 (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
2 Sec. 11-501.1. Suspension of drivers license; statutory
3 summary alcohol, other drug or drugs, or intoxicating
4 compound or compounds related suspension; implied consent.
5 (a) Any person who drives or is in actual physical
6 control of a motor vehicle within upon the public highways of
7 this State shall be deemed to have given consent, subject to
8 the provisions of Section 11-501.2, to a chemical test or
9 tests of blood, breath, or urine for the purpose of
10 determining the content of alcohol, other drug or drugs, or
11 intoxicating compound or compounds or any combination thereof
12 in the person's blood if arrested, as evidenced by the
13 issuance of a Uniform Traffic Ticket, for any offense as
14 defined in Section 11-501 or a similar provision of a local
15 ordinance. The test or tests shall be administered at the
16 direction of the arresting officer. The law enforcement
17 agency employing the officer shall designate which of the
18 aforesaid tests shall be administered. A urine test may be
19 administered even after a blood or breath test or both has
20 been administered. For purposes of this Section, an Illinois
21 law enforcement officer of this State who is investigating
22 the person for any offense defined in Section 11-501 may
23 travel into an adjoining state, where the person has been
24 transported for medical care, to complete an investigation
25 and to request that the person submit to the test or tests
26 set forth in this Section. The requirements of this Section
27 that the person be arrested are inapplicable, but the officer
28 shall issue the person a Uniform Traffic Ticket for an
29 offense as defined in Section 11-501 or a similar provision
30 of a local ordinance prior to requesting that the person
31 submit to the test or tests. The issuance of the Uniform
32 Traffic Ticket shall not constitute an arrest, but shall be
33 for the purpose of notifying the person that he or she is
34 subject to the provisions of this Section and of the
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1 officer's belief of the existence of probable cause to
2 arrest. Upon returning to this State, the officer shall file
3 the Uniform Traffic Ticket with the Circuit Clerk of the
4 county where the offense was committed, and shall seek the
5 issuance of an arrest warrant or a summons for the person.
6 (b) Any person who is dead, unconscious, or who is
7 otherwise in a condition rendering the person incapable of
8 refusal, shall be deemed not to have withdrawn the consent
9 provided by paragraph (a) of this Section and the test or
10 tests may be administered, subject to the provisions of
11 Section 11-501.2.
12 (c) A person requested to submit to a test as provided
13 above shall be warned by the law enforcement officer
14 requesting the test that a refusal to submit to the test will
15 result in the statutory summary suspension of the person's
16 privilege to operate a motor vehicle as provided in Section
17 6-208.1 of this Code. The person shall also be warned by the
18 law enforcement officer that if the person submits to the
19 test or tests provided in paragraph (a) of this Section and
20 the alcohol concentration in the person's blood or breath is
21 0.08 or greater, or any amount of a drug, substance, or
22 compound resulting from the unlawful use or consumption of
23 cannabis as covered by the Cannabis Control Act, a controlled
24 substance listed in the Illinois Controlled Substances Act,
25 or an intoxicating compound listed in the Use of Intoxicating
26 Compounds Act is detected in the person's blood or urine, a
27 statutory summary suspension of the person's privilege to
28 operate a motor vehicle, as provided in Sections 6-208.1 and
29 11-501.1 of this Code, will be imposed.
30 A person who is under the age of 21 at the time the
31 person is requested to submit to a test as provided above
32 shall, in addition to the warnings provided for in this
33 Section, be further warned by the law enforcement officer
34 requesting the test that if the person submits to the test or
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1 tests provided in paragraph (a) of this Section and the
2 alcohol concentration in the person's blood or breath is
3 greater than 0.00 and less than 0.08, a suspension of the
4 person's privilege to operate a motor vehicle, as provided
5 under Sections 6-208.2 and 11-501.8 of this Code, will be
6 imposed. The results of this test shall be admissible in a
7 civil or criminal action or proceeding arising from an arrest
8 for an offense as defined in Section 11-501 of this Code or a
9 similar provision of a local ordinance or pursuant to Section
10 11-501.4 in prosecutions for reckless homicide brought under
11 the Criminal Code of 1961. These test results, however, shall
12 be admissible only in actions or proceedings directly related
13 to the incident upon which the test request was made.
14 (d) If the person refuses testing or submits to a test
15 that discloses an alcohol concentration of 0.08 or more, or
16 any amount of a drug, substance, or intoxicating compound in
17 the person's breath, blood, or urine resulting from the
18 unlawful use or consumption of cannabis listed in the
19 Cannabis Control Act, a controlled substance listed in the
20 Illinois Controlled Substances Act, or an intoxicating
21 compound listed in the Use of Intoxicating Compounds Act, the
22 law enforcement officer shall immediately submit a sworn
23 report to the circuit court of venue and the Secretary of
24 State, certifying that the test or tests was or were
25 requested under paragraph (a) and the person refused to
26 submit to a test, or tests, or submitted to testing that
27 disclosed an alcohol concentration of 0.08 or more.
28 (e) Upon receipt of the sworn report of a law
29 enforcement officer submitted under paragraph (d), the
30 Secretary of State shall enter the statutory summary
31 suspension for the periods specified in Section 6-208.1, and
32 effective as provided in paragraph (g).
33 If the person is a first offender as defined in Section
34 11-500 of this Code, and is not convicted of a violation of
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1 Section 11-501 of this Code or a similar provision of a local
2 ordinance, then reports received by the Secretary of State
3 under this Section shall, except during the actual time the
4 Statutory Summary Suspension is in effect, be privileged
5 information and for use only by the courts, police officers,
6 prosecuting authorities or the Secretary of State.
7 (f) The law enforcement officer submitting the sworn
8 report under paragraph (d) shall serve immediate notice of
9 the statutory summary suspension on the person and the
10 suspension shall be effective as provided in paragraph (g).
11 In cases where the blood alcohol concentration of 0.08 or
12 greater or any amount of a drug, substance, or compound
13 resulting from the unlawful use or consumption of cannabis as
14 covered by the Cannabis Control Act, a controlled substance
15 listed in the Illinois Controlled Substances Act, or an
16 intoxicating compound listed in the Use of Intoxicating
17 Compounds Act is established by a subsequent analysis of
18 blood or urine collected at the time of arrest, the arresting
19 officer or arresting agency shall give notice as provided in
20 this Section or by deposit in the United States mail of the
21 notice in an envelope with postage prepaid and addressed to
22 the person at his address as shown on the Uniform Traffic
23 Ticket and the statutory summary suspension shall begin as
24 provided in paragraph (g). The officer shall confiscate any
25 Illinois driver's license or permit on the person at the time
26 of arrest. If the person has a valid driver's license or
27 permit, the officer shall issue the person a receipt, in a
28 form prescribed by the Secretary of State, that will allow
29 that person to drive during the periods provided for in
30 paragraph (g). The officer shall immediately forward the
31 driver's license or permit to the circuit court of venue
32 along with the sworn report provided for in paragraph (d).
33 (g) The statutory summary suspension referred to in this
34 Section shall take effect on the 46th day following the date
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1 the notice of the statutory summary suspension was given to
2 the person.
3 (h) The following procedure shall apply whenever a
4 person is arrested for any offense as defined in Section
5 11-501 or a similar provision of a local ordinance:
6 Upon receipt of the sworn report from the law enforcement
7 officer, the Secretary of State shall confirm the statutory
8 summary suspension by mailing a notice of the effective date
9 of the suspension to the person and the court of venue.
10 However, should the sworn report be defective by not
11 containing sufficient information or be completed in error,
12 the confirmation of the statutory summary suspension shall
13 not be mailed to the person or entered to the record;
14 instead, the sworn report shall be forwarded to the court of
15 venue with a copy returned to the issuing agency identifying
16 any defect.
17 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
18 91-357, eff. 7-29-99.)
19 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
20 Sec. 11-501.5. Preliminary breath screening test and
21 field sobriety tests.
22 (a) Any person who drives or is in actual physical
23 control of a motor vehicle within this State shall be deemed
24 to have given consent to providing If a law enforcement
25 officer has reasonable suspicion to believe that a person is
26 violating or has violated Section 11-501 or a similar
27 provision of a local ordinance, the officer, prior to an
28 arrest, may request the person to provide a sample of his or
29 her breath for a preliminary breath screening test using a
30 portable device approved by the Department of Public Health
31 and to performing any field sobriety test or tests approved
32 by the Illinois Law Enforcement Training Standards Board if
33 the law enforcement officer has reasonable suspicion based on
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1 specific and articulable facts and rationale inferences from
2 those facts to believe that the person is violating or has
3 violated Section 11-501 or a similar provision of a local
4 ordinance. The results of the field sobriety tests or the
5 this preliminary breath screening test may be used by the law
6 enforcement officer for the purpose of assisting with the
7 determination of whether to require a chemical test as
8 authorized under Sections 11-501.1 and 11-501.2, and the
9 appropriate type of test to request. Any chemical test
10 authorized under Sections 11-501.1 and 11-501.2 may be
11 requested by the officer regardless of the result of the
12 field sobriety tests and preliminary breath screening test,
13 if probable cause for an arrest exists. The result of a
14 preliminary breath screening test may be used by the
15 defendant as evidence in any administrative or court
16 proceeding involving a violation of Section 11-501 or
17 11-501.1 and may be used by the State as evidence in any
18 administrative or court proceeding to establish probable
19 cause for a violation of Section 11-501 or as a reason to
20 request a test pursuant to Section 11-501.1. The result of a
21 field sobriety test may be used by the defendant or State in
22 any administrative or court proceeding.
23 For the purposes of this Section, a law enforcement
24 officer of this State who is investigating a person for any
25 offense set forth in Section 11-501 may travel to an
26 adjoining state to which the person has been transported for
27 medical care to complete an investigation and request that
28 the person submit to the test or tests set forth in this
29 Section.
30 (b) A law enforcement officer who has reasonable
31 suspicion based on specific and articulable facts and
32 rational inferences from those facts to believe that a person
33 is violating or has violated Section 11-501 of this Code or a
34 similar provision of a local ordinance shall administer to
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1 that person all field sobriety tests approved by the Illinois
2 Law Enforcement Training Standards Board. The performance of
3 any field sobriety test may be dispensed with where, in the
4 judgment of the law enforcement officer administering the
5 field sobriety tests, the performance of that test would
6 jeopardize the safety of any person, is not advisable due to
7 weather, traffic or terrain conditions, or is not practical
8 or appropriate due to a disability or medical condition of
9 the person subject to taking the test. If the law
10 enforcement officer has probable cause to believe the person
11 is in violation of Section 11-501 or a similar provision of a
12 local ordinance, the law enforcement officer may, in his or
13 her discretion, administer the field sobriety tests but is
14 not required to do so. The administration of the preliminary
15 breath screening test shall at all times be at the discretion
16 of the law enforcement officer.
17 (c) A person shall be excused from performing a test if
18 he or she has a disability or medical condition that prevents
19 the person from performing the test. A person who has been
20 requested to submit to any test and who has failed to do so
21 shall have the burden of proving by a preponderance of the
22 evidence the existence of the disability or medical condition
23 that prevented him or her from performing the requested test.
24 (d) A person is excused from performing a test or tests
25 under this Section if the person, although not under arrest,
26 volunteers for and takes a chemical test or tests of blood,
27 breath, or urine pursuant to Section 11-501.1. A law
28 enforcement officer informing a person of his or her rights
29 under this Section shall inform the person that he or she has
30 the option of foregoing a field sobriety test or a
31 preliminary breath screening test and instead take the
32 chemical test a tests pursuant to Section 11-501.1 but that
33 the person is not required to do so at that time and that the
34 person will not be subject to any penalties for failure to
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1 volunteer for the chemical test and tests.
2 (e) Unless the law enforcement officer has reason to
3 believe that the provisions of subsection (c) of Section
4 6-203.1 apply, a person requested to submit to any test as
5 provided in subsection (b) of this Section shall be warned by
6 the law enforcement officer requesting the test prior to
7 administering the test or tests that a refusal to submit to
8 any test will result in the statutory summary suspension of
9 the person's privilege to operate a motor vehicle as provided
10 in Section 6-208.1 of this Code.
11 (f) If a person refuses to perform any of the field
12 sobriety tests or to take a preliminary breath screening test
13 requested by a law enforcement officer, the law enforcement
14 officer shall immediately submit a sworn report to the
15 Secretary of State, certifying which test or tests was or
16 were requested under this Section and which test or tests the
17 person refused to perform.
18 (g) Upon receipt of the sworn report of a law
19 enforcement officer submitted under subsection (f), the
20 Secretary of State, except as set forth in subsection (c) of
21 Section 6-203.1, shall enter the statutory summary suspension
22 for the periods specified in Section 6-208.1, and effective
23 as provided in subsection (i). If the person is a first
24 offender as defined in Section 11-500 of this Code, and is
25 not convicted of a violation of Section 11-501 of this Code
26 or a similar provision of a local ordinance, then reports
27 received by the Secretary of State under this Section shall,
28 except during the actual time the statutory summary
29 suspension is in effect, be privileged information and for
30 use only by the courts, police officers, prosecuting
31 authorities, or the Secretary of State. If the provisions of
32 subsection (c) of Section 6-203.1 apply, the Secretary of
33 State shall not suspend the person's driving privileges but
34 shall ensure that the failure of the person to submit to a
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1 preliminary breath screening test or field sobriety test or
2 tests is entered on the person's driving record.
3 (h) Unless the law enforcement officer has reason to
4 believe that the provisions of subsection (c) of Section
5 6-203.1 apply, the law enforcement officer submitting the
6 sworn report under subsection (f) shall serve immediate
7 notice of the statutory summary suspension on the person and
8 the suspension shall be effective as provided in subsection
9 (i). The officer shall confiscate any Illinois driver's
10 license or permit on the person at the time of the person's
11 refusal to take any test pursuant to this Section or of the
12 person's arrest for violation of Section 11-501 or similar
13 ordinance. If the person has a valid driver's license or
14 permit, the officer shall issue the person a receipt, in a
15 form prescribed by the Secretary of State, that will allow
16 that person to drive during the periods provided for in
17 subsection (i). If the person has been arrested or issued a
18 citation for a violation of this Code or a provision of a
19 local ordinance, the officer shall immediately forward the
20 driver's license or permit to the circuit court of venue
21 along with the sworn report provided for in subsection (f).
22 (i) The statutory summary suspension referred to in this
23 Section shall take effect on the 46th day following the date
24 the notice of the statutory summary suspension was given to
25 the person.
26 (j) The following procedure shall apply whenever (i) a
27 person is arrested for any offense as defined in Section
28 11-501 or a similar provision of a local ordinance, or (ii) a
29 person has refused to submit to a preliminary screening
30 breath test or to a field sobriety test or tests requested
31 pursuant to this Section: Upon receipt of the sworn report
32 from the law enforcement officer, the Secretary of State,
33 unless the provisions of subsection (c) of Section 6-203.1
34 apply, shall confirm the statutory summary suspension by
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1 mailing a notice of the effective date of the suspension to
2 the person and to the court of venue. If the sworn report is
3 defective because it does not contain sufficient information
4 or it has been completed in error, the confirmation of the
5 statutory summary suspension shall not be mailed to the
6 person or entered to the record; instead, the sworn report
7 shall be forwarded to the court of venue with a copy returned
8 to the issuing agency identifying any defect.
9 (k) When a person's refusal to submit to or complete a
10 preliminary breath screening test or field sobriety test or
11 tests and specific and articulable facts and the inferences
12 from those facts give rise to a rational basis for concluding
13 the continued operation of the vehicle by the person would
14 constitute a clear and present danger to any person, the law
15 enforcement officer may secure the person's vehicle for up to
16 6 hours. For the purpose of this subsection, "secure" means
17 that the officer may: (i) direct the person not to drive;
18 (ii) take possession of the person's vehicle keys, or (iii)
19 take other reasonable steps to ensure the person does not
20 operate the vehicle. The law enforcement officer may release
21 the vehicle to a person other than the driver if: (i) that
22 other person is the owner or renter of the vehicle or the
23 driver is owner of the vehicle and gives permission to the
24 other person to operate the vehicle and (ii) the other person
25 possesses a valid operator's license and would not, as
26 determined by the law enforcement officer, either have a lack
27 of ability to operate the vehicle in a safe manner or be in
28 violation of this Code.
29 (l) If a person who has submitted to a preliminary
30 breath screening test or field sobriety test subsequently
31 submits to the chemical test or tests of breath, blood or
32 urine required by Section 11-501.1 and none of the tests the
33 person is requested to take discloses an alcohol
34 concentration of 0.08 or more or the presence of a drug,
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1 substance, or intoxicating compound in the person's breath,
2 blood, or urine resulting from the unlawful use or
3 consumption of cannabis listed in the Cannabis Control Act, a
4 controlled substance listed in the Illinois Controlled
5 Substances Act, or an intoxicating compound listed in the use
6 of Intoxicating Compounds Act, the results of the preliminary
7 breath screening test or the field sobriety test shall not be
8 admissible in the prosecution of a violation of Section
9 11-501 of this Code.
10 (Source: P.A. 88-169.)
11 Section 10. The Unified Code of Corrections is amended
12 by changing Section 5-6-1 as follows:
13 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
14 Sec. 5-6-1. Sentences of Probation and of Conditional
15 Discharge and Disposition of Supervision. The General
16 Assembly finds that in order to protect the public, the
17 criminal justice system must compel compliance with the
18 conditions of probation by responding to violations with
19 swift, certain and fair punishments and intermediate
20 sanctions. The Chief Judge of each circuit shall adopt a
21 system of structured, intermediate sanctions for violations
22 of the terms and conditions of a sentence of probation,
23 conditional discharge or disposition of supervision.
24 (a) Except where specifically prohibited by other
25 provisions of this Code, the court shall impose a sentence of
26 probation or conditional discharge upon an offender unless,
27 having regard to the nature and circumstance of the offense,
28 and to the history, character and condition of the offender,
29 the court is of the opinion that:
30 (1) his imprisonment or periodic imprisonment is
31 necessary for the protection of the public; or
32 (2) probation or conditional discharge would
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1 deprecate the seriousness of the offender's conduct and
2 would be inconsistent with the ends of justice.
3 The court shall impose as a condition of a sentence of
4 probation, conditional discharge, or supervision, that the
5 probation agency may invoke any sanction from the list of
6 intermediate sanctions adopted by the chief judge of the
7 circuit court for violations of the terms and conditions of
8 the sentence of probation, conditional discharge, or
9 supervision, subject to the provisions of Section 5-6-4 of
10 this Act.
11 (b) The court may impose a sentence of conditional
12 discharge for an offense if the court is of the opinion that
13 neither a sentence of imprisonment nor of periodic
14 imprisonment nor of probation supervision is appropriate.
15 (c) The court may, upon a plea of guilty or a
16 stipulation by the defendant of the facts supporting the
17 charge or a finding of guilt, defer further proceedings and
18 the imposition of a sentence, and enter an order for
19 supervision of the defendant, if the defendant is not charged
20 with a Class A misdemeanor, as defined by the following
21 provisions of the Criminal Code of 1961: Sections 12-3.2;
22 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
23 21-1; paragraph (1) through (5), (8), (10), and (11) of
24 subsection (a) of Section 24-1; and Section 1 of the Boarding
25 Aircraft With Weapon Act; or a felony. If the defendant is
26 not barred from receiving an order for supervision as
27 provided in this subsection, the court may enter an order for
28 supervision after considering the circumstances of the
29 offense, and the history, character and condition of the
30 offender, if the court is of the opinion that:
31 (1) the offender is not likely to commit further
32 crimes;
33 (2) the defendant and the public would be best
34 served if the defendant were not to receive a criminal
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1 record; and
2 (3) in the best interests of justice an order of
3 supervision is more appropriate than a sentence otherwise
4 permitted under this Code.
5 (d) The provisions of paragraph (c) shall not apply to a
6 defendant charged with violating Section 11-501 of the
7 Illinois Vehicle Code or a similar provision of a local
8 ordinance when the defendant has previously been:
9 (1) convicted for a violation of Section 11-501 of
10 the Illinois Vehicle Code or a similar provision of a
11 local ordinance or any similar law or ordinance of
12 another state; or
13 (2) assigned supervision for a violation of Section
14 11-501 of the Illinois Vehicle Code or a similar
15 provision of a local ordinance or any similar law or
16 ordinance of another state; or
17 (3) pleaded guilty to or stipulated to the facts
18 supporting a charge or a finding of guilty to a violation
19 of Section 11-503 of the Illinois Vehicle Code or a
20 similar provision of a local ordinance or any similar law
21 or ordinance of another state, and the plea or
22 stipulation was the result of a plea agreement.
23 The court shall consider the statement of the prosecuting
24 authority with regard to the standards set forth in this
25 Section.
26 (e) The provisions of paragraph (c) shall not apply to a
27 defendant charged with violating Section 16A-3 of the
28 Criminal Code of 1961 if said defendant has within the last 5
29 years been:
30 (1) convicted for a violation of Section 16A-3 of
31 the Criminal Code of 1961; or
32 (2) assigned supervision for a violation of Section
33 16A-3 of the Criminal Code of 1961 or similar provision
34 of an out-of-state jurisdiction.
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1 The court shall consider the statement of the prosecuting
2 authority with regard to the standards set forth in this
3 Section.
4 (f) The provisions of paragraph (c) shall not apply to a
5 defendant charged with violating Sections 15-111, 15-112,
6 15-301, paragraph (b) of Section 6-104, Section 11-605, or
7 Section 11-1414 of the Illinois Vehicle Code or a similar
8 provision of a local ordinance or out-of-state jurisdiction.
9 (g) Except as otherwise provided in paragraph (i) of
10 this Section, the provisions of paragraph (c) shall not apply
11 to a defendant charged with violating Section 3-707, 3-708,
12 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
13 provision of a local ordinance if the defendant has within
14 the last 5 years been:
15 (1) convicted for a violation of Section 3-707,
16 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
17 a similar provision of a local ordinance or out-of-state
18 jurisdiction; or
19 (2) assigned supervision for a violation of Section
20 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
21 Code or a similar provision of a local ordinance or
22 out-of-state jurisdiction.
23 The court shall consider the statement of the prosecuting
24 authority with regard to the standards set forth in this
25 Section.
26 (h) The provisions of paragraph (c) shall not apply to a
27 defendant under the age of 21 years charged with violating a
28 serious traffic offense as defined in Section 1-187.001 of
29 the Illinois Vehicle Code:
30 (1) unless the defendant, upon payment of the
31 fines, penalties, and costs provided by law, agrees to
32 attend and successfully complete a traffic safety program
33 approved by the court under standards set by the
34 Conference of Chief Circuit Judges. The accused shall be
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1 responsible for payment of any traffic safety program
2 fees. If the accused fails to file a certificate of
3 successful completion on or before the termination date
4 of the supervision order, the supervision shall be
5 summarily revoked and conviction entered. The provisions
6 of Supreme Court Rule 402 relating to pleas of guilty do
7 not apply in cases when a defendant enters a guilty plea
8 under this provision; or
9 (2) if the defendant has previously been sentenced
10 under the provisions of paragraph (c) on or after January
11 1, 1998 for any serious traffic offense as defined in
12 Section 1-187.001 of the Illinois Vehicle Code.
13 (i) The provisions of paragraph (c) shall not apply to a
14 defendant charged with violating Section 3-707 of the
15 Illinois Vehicle Code or a similar provision of a local
16 ordinance if the defendant has been assigned supervision for
17 a violation of Section 3-707 of the Illinois Vehicle Code or
18 a similar provision of a local ordinance or out-of-state
19 jurisdiction.
20 (j) The provisions of paragraph (c) shall not apply to a
21 defendant charged with violating Section 6-303 of the
22 Illinois Vehicle Code or a similar provision of a local
23 ordinance or out-of-state jurisdiction when the revocation or
24 suspension was for a violation of Section 11-501 or a similar
25 provision of a local ordinance, a failure to submit to a
26 chemical test or tests of blood, breath, or urine pursuant to
27 violation of Section 11-501.1 or to a preliminary breath
28 screening test or a field sobriety test or tests pursuant to
29 Section 11-501.5 of the Illinois Vehicle Code, a violation of
30 or paragraph (b) of Section 11-401 of the Illinois Vehicle
31 Code, or a violation of Section 9-3 of the Criminal Code of
32 1961 if the defendant has within the last 10 years been:
33 (1) convicted for a violation of Section 6-303 of
34 the Illinois Vehicle Code or a similar provision of a
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1 local ordinance or out-of-state jurisdiction; or
2 (2) assigned supervision for a violation of Section
3 6-303 of the Illinois Vehicle Code or a similar provision
4 of a local ordinance or out-of-state jurisdiction.
5 (Source: P.A. 90-369, eff. 1-1-98; 90-738, eff. 1-1-99;
6 90-784, eff. 1-1-99; 91-114, eff. 1-1-00; 91-357, eff.
7 7-29-99.)
8 Section 99. Effective date. This Act takes effect on
9 July 1, 2000.".
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1 INDEX
2 Statutes amended in order of appearance
3 625 ILCS 5/2-118.1 from Ch. 95 1/2, par. 2-118.1
4 625 ILCS 5/6-113 from Ch. 95 1/2, par. 6-113
5 625 ILCS 5/6-118 from Ch. 95 1/2, par. 6-118
6 625 ILCS 5/6-203.1 from Ch. 95 1/2, par. 6-203.1
7 625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
8 625 ILCS 5/6-206.1 from Ch. 95 1/2, par. 6-206.1
9 625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
10 625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
11 625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
12 625 ILCS 5/11-500 from Ch. 95 1/2, par. 11-500
13 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
14 625 ILCS 5/11-501.1 from Ch. 95 1/2, par. 11-501.1
15 625 ILCS 5/11-501.5 from Ch. 95 1/2, par. 11-501.5
16 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1