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[ House Amendment 001 ] |
92_HB0598 LRB9204650DHmbA 1 AN ACT concerning driving violations. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 6-113, 6-118, 6-203.1, 6-206, 6-208.1, 6 6-303, 11-500, and 11-501 and adding Section 11-501.9 as 7 follows: 8 (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113) 9 Sec. 6-113. Restricted licenses and permits. (a) The 10 Secretary of State upon issuing a drivers license or permit 11 shall have the authority whenever good cause appears to 12 impose restrictions suitable to the licensee's driving 13 ability with respect to the type of, or special mechanical 14 control devices required on, a motor vehicle which the 15 licensee may operate or such other restrictions applicable to 16 the licensee as the Secretary of State may determine to be 17 appropriate to assure the safe operation of a motor vehicle 18 by the licensee. 19 (b) The Secretary of State may either issue a special 20 restricted license or permit or may set forth such 21 restrictions upon the usual license or permit form. 22 (c) The Secretary of State may issue a probationary 23 license to a person whose driving privileges have been 24 suspended pursuant to subsection (d) of this Section or 25 subsections (a)(2), (a)(19) and (a)(20) of Section 6-206 of 26 this Code. The Secretary of State shall promulgate rules 27 pursuant to The Illinois Administrative Procedure Act, 28 setting forth the conditions and criteria for the issuance 29 and cancellation of probationary licenses. 30 (d) The Secretary of State may upon receiving 31 satisfactory evidence of any violation of the restrictions of -2- LRB9204650DHmbA 1 such license or permit suspend, revoke or cancel the same 2 without preliminary hearing, but the licensee or permittee 3 shall be entitled to a hearing as in the case of a suspension 4 or revocation. 5 (e) It is unlawful for any person to operate a motor 6 vehicle in any manner in violation of the restrictions 7 imposed on a restricted license or permit issued to him. 8 (f) Whenever the holder of a restricted driving permit 9 is issued a citation for any of the following offenses 10 including similar local ordinances, the restricted driving 11 permit is immediately invalidated: 12 1. Reckless homicide resulting from the operation of a 13 motor vehicle; 14 2. Violation of Section 11-501 of this Act relating to 15 the operation of a motor vehicle while under the influence of 16 intoxicating liquor or narcotic drugs; 17 3. Violation of Section 11-401 of this Act relating to 18 the offense of leaving the scene of a traffic accident 19 involving death or injury; or 20 4. Violation of Section 11-504 of this Act relating to 21 the offense of drag racing; 22 The police officer issuing the citation shall confiscate 23 the restricted driving permit and forward it, along with the 24 citation, to the Clerk of the Circuit Court of the county in 25 which the citation was issued. 26 (g) Notwithstanding the provisions of Sections 6-208, 27 6-208.1, and 6-208.2, the Secretary of State may, 30 days 28 after the effective date of a suspension pursuant to Section 29 6-208, 6-208.1, or 6-208.2 and in accordance with any rules 30 the Secretary may promulgate, issue a restricted driving 31 permit to a person who has applied for a restricted driver's 32 permit and who has consented to have, at his or her expense, 33 an ignition interlock device installed in his or her vehicle. 34 (Source: P.A. 86-549.) -3- LRB9204650DHmbA 1 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118) 2 Sec. 6-118. Fees. 3 (a) The fee for licenses and permits under this Article 4 is as follows: 5 Original driver's license.............................$10 6 Original or renewal driver's license 7 issued to 18, 19 and 20 year olds..................5 8 All driver's licenses for persons 9 age 69 through age 80..............................5 10 All driver's licenses for persons 11 age 81 through age 86..............................2 12 All driver's licenses for persons 13 age 87 or older....................................0 14 Renewal driver's license (except for 15 applicants ages 18, 19 and 20 or 16 age 69 and older).................................10 17 Original instruction permit issued to 18 persons (except those age 69 and older) 19 who do not hold or have not previously 20 held an Illinois instruction permit or 21 driver's license..................................20 22 Instruction permit issued to any person 23 holding an Illinois driver's license 24 who wishes a change in classifications, 25 other than at the time of renewal..................5 26 Any instruction permit issued to a person 27 age 69 and older...................................5 28 Instruction permit issued to any person, 29 under age 69, not currently holding a 30 valid Illinois driver's license or 31 instruction permit but who has 32 previously been issued either document 33 in Illinois.......................................10 34 Restricted driving permit...............................8 -4- LRB9204650DHmbA 1 Duplicate or corrected driver's license 2 or permit..........................................5 3 Duplicate or corrected restricted 4 driving permit.....................................5 5 Original or renewal M or L endorsement..................5 6 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE 7 The fees for commercial driver licenses and permits 8 under Article V shall be as follows: 9 Commercial driver's license: 10 $6 for the CDLIS/AAMVAnet Fund 11 (Commercial Driver's License Information 12 System/American Association of Motor Vehicle 13 Administrators network Trust Fund); 14 $20 for the Motor Carrier Safety Inspection Fund; 15 $10 for the driver's license; 16 and $24 for the CDL:.............................$60 17 Renewal commercial driver's license: 18 $6 for the CDLIS/AAMVAnet Trust Fund; 19 $20 for the Motor Carrier Safety Inspection Fund; 20 $10 for the driver's license; and 21 $24 for the CDL:.................................$60 22 Commercial driver instruction permit 23 issued to any person holding a valid 24 Illinois driver's license for the 25 purpose of changing to a 26 CDL classification: $6 for the 27 CDLIS/AAMVAnet Trust Fund; 28 $20 for the Motor Carrier 29 Safety Inspection Fund; and 30 $24 for the CDL classification...................$50 31 Commercial driver instruction permit 32 issued to any person holding a valid 33 Illinois CDL for the purpose of 34 making a change in a classification, -5- LRB9204650DHmbA 1 endorsement or restriction........................$5 2 CDL duplicate or corrected license.....................$5 3 In order to ensure the proper implementation of the 4 Uniform Commercial Driver License Act, Article V of this 5 Chapter, the Secretary of State is empowered to pro-rate the 6 $24 fee for the commercial driver's license proportionate to 7 the expiration date of the applicant's Illinois driver's 8 license. 9 The fee for any duplicate license or permit shall be 10 waived for any person age 60 or older who presents the 11 Secretary of State's office with a police report showing that 12 his license or permit was stolen. 13 No additional fee shall be charged for a driver's 14 license, or for a commercial driver's license, when issued to 15 the holder of an instruction permit for the same 16 classification or type of license who becomes eligible for 17 such license. 18 (b) Any person whose license or privilege to operate a 19 motor vehicle in this State has been suspended or revoked 20 under any provision of Chapter 6, Chapter 11, or Section 21 7-702 of the Family Financial Responsibility Law of this 22 Code, shall in addition to any other fees required by this 23 Code, pay a reinstatement fee as follows: 24 Summary suspension under Section 11-501.1 or 11-501.9.$60 25 Other suspension......................................$30 26 Revocation............................................$60 27 However, any person whose license or privilege to operate 28 a motor vehicle in this State has been suspended or revoked 29 for a second or subsequent time for a violation of Section 30 11-501or 11-501.1of this Code or a similar provision of a 31 local ordinance, a violation oforSection 9-3 of the 32 Criminal Code of 1961, or a failure to submit to a chemical 33 test or tests of blood, breath, or urine pursuant to Section 34 11-501.1 or to a preliminary breath screening test or a field -6- LRB9204650DHmbA 1 sobriety test or tests pursuant to Section 11-501.9 of this 2 Code and each suspension or revocation was for a violation of 3 Section 11-501or 11-501.1of this Code or a similar 4 provision of a local ordinance, a violation oforSection 9-3 5 of the Criminal Code of 1961, a violation of any out-of-state 6 offense similar to any of the offenses listed in this 7 subsection (b), or a failure to submit to a chemical test or 8 tests of blood, breath, or urine pursuant to Section 11-501.1 9 or to a preliminary breath screening test or a field sobriety 10 test or tests pursuant to Section 11-501.9 of this Code or 11 similar provisions of an out-of-state jurisdiction shall pay, 12 in addition to any other fees required by this Code, a 13 reinstatement fee as follows: 14 Summary suspension under Section 11-501.1 or 15 11-501.9..................................$250 16 Revocation...........................................$250 17 (c) All fees collected under the provisions of this 18 Chapter 6 shall be paid into the Road Fund in the State 19 Treasury except as follows: 20 1. The following amounts shall be paid into the 21 Driver Education Fund: 22 (A) $16 of the $20 fee for an original 23 driver's instruction permit; 24 (B) $5 of the $10 fee for an original driver's 25 license; 26 (C) $5 of the $10 fee for a 4 year renewal 27 driver's license; and 28 (D) $4 of the $8 fee for a restricted driving 29 permit. 30 2. $30 of the $60 fee for reinstatement of a license 31 summarily suspended under Section 11-501.1 or 11-501.9 32 shall be deposited into the Drunk and Drugged Driving 33 Prevention Fund. However, for a person whose license or 34 privilege to operate a motor vehicle in this State has -7- LRB9204650DHmbA 1 been suspended or revoked for a second or subsequent time 2 for a violation of Section 11-501or 11-501.1of this 3 Code or a similar provision of a local ordinance, a 4 violation oforSection 9-3 of the Criminal Code of 1961, 5 a violation of any out-of-state offense similar to any of 6 the offenses listed in this paragraph (2) of subsection 7 (c), or a failure to submit to a chemical test or tests 8 of blood, breath, or urine pursuant to Section 11-501.1 9 or to a preliminary breath screening test or a field 10 sobriety test or tests pursuant to Section 11-501.9 of 11 this Code or similar provisions of an out-of-state 12 jurisdiction, $190 of the $250 fee for reinstatement of a 13 license summarily suspended under Section 11-501.1 or 14 11-501.9, and $190 of the $250 fee for reinstatement of a 15 revoked license shall be deposited into the Drunk and 16 Drugged Driving Prevention Fund. 17 3. $6 of such original or renewal fee for a 18 commercial driver's license and $6 of the commercial 19 driver instruction permit fee when such permit is issued 20 to any person holding a valid Illinois driver's license, 21 shall be paid into the CDLIS/AAMVAnet Trust Fund. 22 4. The fee for reinstatement of a license suspended 23 under the Family Financial Responsibility Law shall be 24 paid into the Family Responsibility Fund. 25 5. The $5 fee for each original or renewal M or L 26 endorsement shall be deposited into the Cycle Rider 27 Safety Training Fund. 28 6. $20 of any original or renewal fee for a 29 commercial driver's license or commercial driver 30 instruction permit shall be paid into the Motor Carrier 31 Safety Inspection Fund. 32 (Source: P.A. 90-622, eff. 3-1-99; 90-738, eff. 1-1-99; 33 91-357, eff. 7-29-99; 91-537, eff. 8-13-99.) -8- LRB9204650DHmbA 1 (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1) 2 Sec. 6-203.1. (a) The Secretary of State is authorized 3 to suspend the driving privileges of a personpersons: 4 (1) arrested in another state for driving under the 5 influence of alcohol, other drug or drugs, or 6 intoxicating compound or compounds, or any combination 7 thereof, or a similar provision, and who has refused to 8 submit to a chemical test or tests, or to a preliminary 9 breath screening test or a field sobriety test or tests 10 under the provisions of implied consent, or.11 (2) requested to submit to a preliminary breath 12 screening test or a field sobriety test or tests in 13 another state under provisions of implied consent and who 14 has refused to submit to the test or tests. 15 (b) When a driving privilege has been suspended for a 16 refusal as provided in paragraph (a) and the person is 17 subsequently convicted of the underlying charge, for the same 18 incident, any period served on suspension shall be credited 19 toward the minimum period of revocation of driving privileges 20 imposed pursuant to Section 6-206. 21 (Source: P.A. 90-779, eff. 1-1-99.) 22 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 23 Sec. 6-206. Discretionary authority to suspend or revoke 24 license or permit; Right to a hearing. 25 (a) The Secretary of State is authorized to suspend or 26 revoke the driving privileges of any person without 27 preliminary hearing upon a showing of the person's records or 28 other sufficient evidence that the person: 29 1. Has committed an offense for which mandatory 30 revocation of a driver's license or permit is required 31 upon conviction; 32 2. Has been convicted of not less than 3 offenses 33 against traffic regulations governing the movement of -9- LRB9204650DHmbA 1 vehicles committed within any 12 month period. No 2 revocation or suspension shall be entered more than 6 3 months after the date of last conviction; 4 3. Has been repeatedly involved as a driver in 5 motor vehicle collisions or has been repeatedly convicted 6 of offenses against laws and ordinances regulating the 7 movement of traffic, to a degree that indicates lack of 8 ability to exercise ordinary and reasonable care in the 9 safe operation of a motor vehicle or disrespect for the 10 traffic laws and the safety of other persons upon the 11 highway; 12 4. Has by the unlawful operation of a motor vehicle 13 caused or contributed to an accident resulting in death 14 or injury requiring immediate professional treatment in a 15 medical facility or doctor's office to any person, except 16 that any suspension or revocation imposed by the 17 Secretary of State under the provisions of this 18 subsection shall start no later than 6 months after being 19 convicted of violating a law or ordinance regulating the 20 movement of traffic, which violation is related to the 21 accident, or shall start not more than one year after the 22 date of the accident, whichever date occurs later; 23 5. Has permitted an unlawful or fraudulent use of a 24 driver's license, identification card, or permit; 25 6. Has been lawfully convicted of an offense or 26 offenses in another state, including the authorization 27 contained in Section 6-203.1, which if committed within 28 this State would be grounds for suspension or revocation; 29 7. Has refused or failed to submit to an 30 examination provided for by Section 6-207 or has failed 31 to pass the examination; 32 8. Is ineligible for a driver's license or permit 33 under the provisions of Section 6-103; 34 9. Has made a false statement or knowingly -10- LRB9204650DHmbA 1 concealed a material fact or has used false information 2 or identification in any application for a license, 3 identification card, or permit; 4 10. Has possessed, displayed, or attempted to 5 fraudulently use any license, identification card, or 6 permit not issued to the person; 7 11. Has operated a motor vehicle upon a highway of 8 this State when the person's driving privilege or 9 privilege to obtain a driver's license or permit was 10 revoked or suspended unless the operation was authorized 11 by a judicial driving permit, probationary license to 12 drive, or a restricted driving permit issued under this 13 Code; 14 12. Has submitted to any portion of the application 15 process for another person or has obtained the services 16 of another person to submit to any portion of the 17 application process for the purpose of obtaining a 18 license, identification card, or permit for some other 19 person; 20 13. Has operated a motor vehicle upon a highway of 21 this State when the person's driver's license or permit 22 was invalid under the provisions of Sections 6-107.1 and 23 6-110; 24 14. Has committed a violation of Section 6-301, 25 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 26 14B of the Illinois Identification Card Act; 27 15. Has been convicted of violating Section 21-2 of 28 the Criminal Code of 1961 relating to criminal trespass 29 to vehicles in which case, the suspension shall be for 30 one year; 31 16. Has been convicted of violating Section 11-204 32 of this Code relating to fleeing from a police officer; 33 17. Has refused to submit to a test, or tests, as 34 required under Section 11-501.1 or 11-501.9 of this Code -11- LRB9204650DHmbA 1 and the person has not sought a hearing as provided for 2 in Section 11-501.1 or 11-501.9; 3 18. Has, since issuance of a driver's license or 4 permit, been adjudged to be afflicted with or suffering 5 from any mental disability or disease; 6 19. Has committed a violation of paragraph (a) or 7 (b) of Section 6-101 relating to driving without a 8 driver's license; 9 20. Has been convicted of violating Section 6-104 10 relating to classification of driver's license; 11 21. Has been convicted of violating Section 11-402 12 of this Code relating to leaving the scene of an accident 13 resulting in damage to a vehicle in excess of $1,000, in 14 which case the suspension shall be for one year; 15 22. Has used a motor vehicle in violating paragraph 16 (3), (4), (7), or (9) of subsection (a) of Section 24-1 17 of the Criminal Code of 1961 relating to unlawful use of 18 weapons, in which case the suspension shall be for one 19 year; 20 23. Has, as a driver, been convicted of committing 21 a violation of paragraph (a) of Section 11-502 of this 22 Code for a second or subsequent time within one year of a 23 similar violation; 24 24. Has been convicted by a court-martial or 25 punished by non-judicial punishment by military 26 authorities of the United States at a military 27 installation in Illinois of or for a traffic related 28 offense that is the same as or similar to an offense 29 specified under Section 6-205 or 6-206 of this Code; 30 25. Has permitted any form of identification to be 31 used by another in the application process in order to 32 obtain or attempt to obtain a license, identification 33 card, or permit; 34 26. Has altered or attempted to alter a license or -12- LRB9204650DHmbA 1 has possessed an altered license, identification card, or 2 permit; 3 27. Has violated Section 6-16 of the Liquor Control 4 Act of 1934; 5 28. Has been convicted of the illegal possession, 6 while operating or in actual physical control, as a 7 driver, of a motor vehicle, of any controlled substance 8 prohibited under the Illinois Controlled Substances Act 9 or any cannabis prohibited under the provisions of the 10 Cannabis Control Act, in which case the person's driving 11 privileges shall be suspended for one year, and any 12 driver who is convicted of a second or subsequent 13 offense, within 5 years of a previous conviction, for the 14 illegal possession, while operating or in actual physical 15 control, as a driver, of a motor vehicle, of any 16 controlled substance prohibited under the provisions of 17 the Illinois Controlled Substances Act or any cannabis 18 prohibited under the Cannabis Control Act shall be 19 suspended for 5 years. Any defendant found guilty of this 20 offense while operating a motor vehicle, shall have an 21 entry made in the court record by the presiding judge 22 that this offense did occur while the defendant was 23 operating a motor vehicle and order the clerk of the 24 court to report the violation to the Secretary of State; 25 29. Has been convicted of the following offenses 26 that were committed while the person was operating or in 27 actual physical control, as a driver, of a motor vehicle: 28 criminal sexual assault, predatory criminal sexual 29 assault of a child, aggravated criminal sexual assault, 30 criminal sexual abuse, aggravated criminal sexual abuse, 31 juvenile pimping, soliciting for a juvenile prostitute 32 and the manufacture, sale or delivery of controlled 33 substances or instruments used for illegal drug use or 34 abuse in which case the driver's driving privileges shall -13- LRB9204650DHmbA 1 be suspended for one year; 2 30. Has been convicted a second or subsequent time 3 for any combination of the offenses named in paragraph 29 4 of this subsection, in which case the person's driving 5 privileges shall be suspended for 5 years; 6 31. Has refused to submit to a test as required by 7 Section 11-501.6 or has submitted to a test resulting in 8 an alcohol concentration of 0.08 or more or any amount of 9 a drug, substance, or compound resulting from the 10 unlawful use or consumption of cannabis as listed in the 11 Cannabis Control Act or a controlled substance as listed 12 in the Illinois Controlled Substances Act in which case 13 the penalty shall be as prescribed in Section 6-208.1; 14 32. Has been convicted of Section 24-1.2 of the 15 Criminal Code of 1961 relating to the aggravated 16 discharge of a firearm if the offender was located in a 17 motor vehicle at the time the firearm was discharged, in 18 which case the suspension shall be for 3 years; 19 33. Has as a driver, who was less than 21 years of 20 age on the date of the offense, been convicted a first 21 time of a violation of paragraph (a) of Section 11-502 of 22 this Code or a similar provision of a local ordinance; 23 34. Has committed a violation of Section 11-1301.5 24 of this Code; 25 35. Has committed a violation of Section 11-1301.6 26 of this Code; or 27 36. Is under the age of 21 years at the time of 28 arrest and has been convicted of not less than 2 29 offenses against traffic regulations governing the 30 movement of vehicles committed within any 24 month 31 period. No revocation or suspension shall be entered 32 more than 6 months after the date of last conviction. 33 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 34 and 27 of this subsection, license means any driver's -14- LRB9204650DHmbA 1 license, any traffic ticket issued when the person's driver's 2 license is deposited in lieu of bail, a suspension notice 3 issued by the Secretary of State, a duplicate or corrected 4 driver's license, a probationary driver's license or a 5 temporary driver's license. 6 (b) If any conviction forming the basis of a suspension 7 or revocation authorized under this Section is appealed, the 8 Secretary of State may rescind or withhold the entry of the 9 order of suspension or revocation, as the case may be, 10 provided that a certified copy of a stay order of a court is 11 filed with the Secretary of State. If the conviction is 12 affirmed on appeal, the date of the conviction shall relate 13 back to the time the original judgment of conviction was 14 entered and the 6 month limitation prescribed shall not 15 apply. 16 (c) 1. Upon suspending or revoking the driver's license 17 or permit of any person as authorized in this Section, 18 the Secretary of State shall immediately notify the 19 person in writing of the revocation or suspension. The 20 notice to be deposited in the United States mail, postage 21 prepaid, to the last known address of the person. 22 2. If the Secretary of State suspends the driver's 23 license of a person under subsection 2 of paragraph (a) 24 of this Section, a person's privilege to operate a 25 vehicle as an occupation shall not be suspended, provided 26 an affidavit is properly completed, the appropriate fee 27 received, and a permit issued prior to the effective date 28 of the suspension, unless 5 offenses were committed, at 29 least 2 of which occurred while operating a commercial 30 vehicle in connection with the driver's regular 31 occupation. All other driving privileges shall be 32 suspended by the Secretary of State. Any driver prior to 33 operating a vehicle for occupational purposes only must 34 submit the affidavit on forms to be provided by the -15- LRB9204650DHmbA 1 Secretary of State setting forth the facts of the 2 person's occupation. The affidavit shall also state the 3 number of offenses committed while operating a vehicle in 4 connection with the driver's regular occupation. The 5 affidavit shall be accompanied by the driver's license. 6 Upon receipt of a properly completed affidavit, the 7 Secretary of State shall issue the driver a permit to 8 operate a vehicle in connection with the driver's regular 9 occupation only. Unless the permit is issued by the 10 Secretary of State prior to the date of suspension, the 11 privilege to drive any motor vehicle shall be suspended 12 as set forth in the notice that was mailed under this 13 Section. If an affidavit is received subsequent to the 14 effective date of this suspension, a permit may be issued 15 for the remainder of the suspension period. 16 The provisions of this subparagraph shall not apply 17 to any driver required to obtain a commercial driver's 18 license under Section 6-507 during the period of a 19 disqualification of commercial driving privileges under 20 Section 6-514. 21 Any person who falsely states any fact in the 22 affidavit required herein shall be guilty of perjury 23 under Section 6-302 and upon conviction thereof shall 24 have all driving privileges revoked without further 25 rights. 26 3. At the conclusion of a hearing under Section 27 2-118 of this Code, the Secretary of State shall either 28 rescind or continue an order of revocation or shall 29 substitute an order of suspension; or, good cause 30 appearing therefor, rescind, continue, change, or extend 31 the order of suspension. If the Secretary of State does 32 not rescind the order, the Secretary may upon 33 application, to relieve undue hardship, issue a 34 restricted driving permit granting the privilege of -16- LRB9204650DHmbA 1 driving a motor vehicle between the petitioner's 2 residence and petitioner's place of employment or within 3 the scope of his employment related duties, or to allow 4 transportation for the petitioner, or a household member 5 of the petitioner's family, to receive necessary medical 6 care and if the professional evaluation indicates, 7 provide transportation for alcohol remedial or 8 rehabilitative activity, or for the petitioner to attend 9 classes, as a student, in an accredited educational 10 institution; if the petitioner is able to demonstrate 11 that no alternative means of transportation is reasonably 12 available and the petitioner will not endanger the public 13 safety or welfare. In each case the Secretary may issue a 14 restricted driving permit for a period deemed 15 appropriate, except that all permits shall expire within 16 one year from the date of issuance. A restricted driving 17 permit issued under this Section shall be subject to 18 cancellation, revocation, and suspension by the Secretary 19 of State in like manner and for like cause as a driver's 20 license issued under this Code may be cancelled, revoked, 21 or suspended; except that a conviction upon one or more 22 offenses against laws or ordinances regulating the 23 movement of traffic shall be deemed sufficient cause for 24 the revocation, suspension, or cancellation of a 25 restricted driving permit. The Secretary of State may, as 26 a condition to the issuance of a restricted driving 27 permit, require the applicant to participate in a 28 designated driver remedial or rehabilitative program. The 29 Secretary of State is authorized to cancel a restricted 30 driving permit if the permit holder does not successfully 31 complete the program. 32 (c-5) The Secretary of State may, as a condition of the 33 reissuance of a driver's license or permit to an applicant 34 under the age of 18 years whose driver's license or permit -17- LRB9204650DHmbA 1 has been suspended pursuant to any of the provisions of this 2 Section, require the applicant to participate in a driver 3 remedial education course and be retested under Section 6-109 4 of this Code. 5 (d) This Section is subject to the provisions of the 6 Drivers License Compact. 7 (e) The Secretary of State shall not issue a restricted 8 driving permit to a person under the age of 16 years whose 9 driving privileges have been suspended or revoked under any 10 provisions of this Code. 11 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 12 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 13 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.) 14 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) 15 Sec. 6-208.1. Period of statutory summary alcohol, other 16 drug, or intoxicating compound related suspension. 17 (a) Unless the statutory summary suspension has been 18 rescinded, any person whose privilege to drive a motor 19 vehicle on the public highways has been summarily suspended, 20 pursuant to Section 11-501.1 or 11-501.9, shall not be 21 eligible for restoration of the privilege until the 22 expiration of: 23 1. Six months from the effective date of the 24 statutory summary suspension for a refusal or failure to 25 complete a test or tests to determine the alcohol, drug, 26 or intoxicating compound concentration,pursuant to 27 Section 11-501.1;or for a refusal or failure to complete 28 a preliminary breath screening test or a field sobriety 29 test or tests pursuant to Section 11-501.9; or 30 2. Three months from the effective date of the 31 statutory summary suspension imposed following the 32 person's submission to a chemical test which disclosed an 33 alcohol concentration of 0.08 or more, or any amount of a -18- LRB9204650DHmbA 1 drug, substance, or intoxicating compound in such 2 person's breath, blood, or urine resulting from the 3 unlawful use or consumption of cannabis listed in the 4 Cannabis Control Act, a controlled substance listed in 5 the Illinois Controlled Substances Act, or an 6 intoxicating compound listed in the Use of Intoxicating 7 Compounds Act, pursuant to Section 11-501.1; or 8 3. Three years from the effective date of the 9 statutory summary suspension for any person other than a 10 first offender who refuses or fails to complete a test or 11 tests to determine the alcohol, drug, or intoxicating 12 compound concentration pursuant to Section 11-501.1; or 13 3.1. Two years from the effective date of the 14 statutory summary suspension for any person other than a 15 first offender who refuses or fails to complete a 16 preliminary breath screening test or a field sobriety 17 test or tests pursuant to Section 11-501.9; or 18 4. One year from the effective date of the summary 19 suspension imposed for any person other than a first 20 offender following submission to a chemical test which 21 disclosed an alcohol concentration of 0.08 or more 22 pursuant to Section 11-501.1 or any amount of a drug, 23 substance or compound in such person's blood or urine 24 resulting from the unlawful use or consumption of 25 cannabis listed in the Cannabis Control Act, a controlled 26 substance listed in the Illinois Controlled Substances 27 Act, or an intoxicating compound listed in the Use of 28 Intoxicating Compounds Act. 29 (b) Following a statutory summary suspension of the 30 privilege to drive a motor vehicle under Section 11-501.1 or 31 11-501.9, full driving privileges shall be restored unless 32 the person is otherwise disqualified by this Code. If the 33 court has reason to believe that the person's driving 34 privilege should not be restored, the court shall notify the -19- LRB9204650DHmbA 1 Secretary of State prior to the expiration of the statutory 2 summary suspension so appropriate action may be taken 3 pursuant to this Code. 4 (c) Full driving privileges may not be restored until 5 all applicable reinstatement fees, as provided by this Code, 6 have been paid to the Secretary of State and the appropriate 7 entry made to the driver's record. 8 (d) Where a driving privilege has been summarily 9 suspended under Section 11-501.1 or 11-501.9 and the person 10 is subsequently convicted of violating Section 11-501, or a 11 similar provision of a local ordinance, for the same 12 incident, any period served on statutory summary suspension 13 shall be credited toward the minimum period of revocation of 14 driving privileges imposed pursuant to Section 6-205. 15 (e) Following a statutory summary suspension of driving 16 privileges pursuant to Section 11-501.1, for a first 17 offender, the circuit court may, after at least 30 days from 18 the effective date of the statutory summary suspension, issue 19 a judicial driving permit as provided in Section 6-206.1. 20 (f) Subsequent to an arrest of a first offender, for any 21 offense as defined in Section 11-501 or a similar provision 22 of a local ordinance, following a statutory summary 23 suspension of driving privileges pursuant to Section 24 11-501.1,for a first offender, the circuit court may issue a 25 court order directing the Secretary of State to issue a 26 judicial driving permit as provided in Section 6-206.1. 27 However, this JDP shall not be effective prior to the 31st 28 day of the statutory summary suspension. 29 (f-5) Following a statutory summary suspension of 30 driving privileges pursuant to Section 11-501.9, for a first 31 offender, the Secretary of State may, after at least 30 days 32 from the effective date of the statutory summary suspension, 33 issue a restricted driving permit as provided in subsection 34 (g) of Section 11-501.9. -20- LRB9204650DHmbA 1 (g) Following a statutory summary suspension of driving 2 privileges pursuant to Section 11-501.1 or 11-501.9 where the 3 person was not a first offender, as defined in Section 11-500 4 and such person refused or failed to complete a test or tests 5 to determine the alcohol, drug, or intoxicating compound 6 concentration pursuant to Section 11-501.1 or a preliminary 7 breath screening test or a field sobriety test or tests 8 pursuant to Section 11-501.9, the Secretary of State may 9 issue a restricted driving permit if at least 2 years have 10 elapsed since the effective date of the statutory summary 11 suspension. 12 (h) Following a statutory summary suspension of driving 13 privileges pursuant to Section 11-501.1 where the person was 14 not a first offender as defined in Section 11-500 and such 15 person submitted to a chemical test which disclosed an 16 alcohol concentration of 0.08 or more pursuant to Section 17 11-501.1, the Secretary of State may, after at least 90 days 18 from the effective date of the statutory summary suspension, 19 issue a restricted driving permit. 20 (i) When a person has refused to submit to or failed to 21 complete a chemical test or tests of blood, breath, or urine 22 pursuant to Section 11-501.1 or to a preliminary breath 23 screening test or a field sobriety test or tests pursuant to 24 Section 11-501.9, the person's driving privileges shall be 25 statutorily suspended under the provisions of both Sections, 26 but the periods of statutory suspension shall run 27 concurrently. 28 (Source: P.A. 90-43, eff. 7-2-97; 90-738, eff. 1-1-99; 29 90-779, eff. 1-1-99; 91-357, eff. 7-29-99.) 30 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303) 31 Sec. 6-303. Driving while driver's license, permit or 32 privilege to operate a motor vehicle is suspended or revoked. 33 (a) Any person who drives or is in actual physical -21- LRB9204650DHmbA 1 control of a motor vehicle on any highway of this State at a 2 time when such person's driver's license, permit or privilege 3 to do so or the privilege to obtain a driver's license or 4 permit is revoked or suspended as provided by this Code or 5 the law of another state, except as may be specifically 6 allowed by and subject to the conditions of a judicial 7 driving permit, family financial responsibility driving 8 permit, probationary license to drive, or a restricted 9 driving permit issued pursuant to this Code or under the law 10 of another state, shall be guilty of a Class A misdemeanor. 11 (b) The Secretary of State upon receiving a report of 12 the conviction of any violation indicating a person was 13 operating a motor vehicle during the time when said person's 14 driver's license, permit or privilege was suspended by the 15 Secretary, by the appropriate authority of another state, or 16 pursuant to Section 11-501.1 or 11-501.9,;except as may be 17 specifically allowed by a probationary license to drive, 18 judicial driving permit or restricted driving permit issued 19 pursuant to this Code or the law of another state; shall 20 extend the suspension for the same period of time as the 21 originally imposed suspension; however, if the period of 22 suspension has then expired, the Secretary shall be 23 authorized to suspend said person's driving privileges for 24 the same period of time as the originally imposed suspension; 25 and if the conviction was upon a charge which indicated that 26 a vehicle was operated during the time when the person's 27 driver's license, permit or privilege was revoked; except as 28 may be allowed by a restricted driving permit issued pursuant 29 to this Code or the law of another state; the Secretary shall 30 not issue a driver's license for an additional period of one 31 year from the date of such conviction indicating such person 32 was operating a vehicle during such period of revocation. 33 (c) Any person convicted of violating this Section shall 34 serve a minimum term of imprisonment of 7 consecutive days or -22- LRB9204650DHmbA 1 30 days of community service when the person's driving 2 privilege was revoked or suspended as a result of: 3 (1) a violation of Section 11-501 of this Code or a 4 similar provision of a local ordinance relating to the 5 offense of operating or being in physical control of a 6 vehicle while under the influence of alcohol, any other 7 drug or any combination thereof; or 8 (2) a violation of paragraph (b) of Section 11-401 9 of this Code or a similar provision of a local ordinance 10 relating to the offense of leaving the scene of a motor 11 vehicle accident involving personal injury or death; or 12 (3) a violation of Section 9-3 of the Criminal Code 13 of 1961, as amended, relating to the offense of reckless 14 homicide; or 15 (4) a statutory summary suspension under Section 16 11-501.1 or 11-501.9 of this Code. 17 Such sentence of imprisonment or community service shall 18 not be subject to suspension in order to reduce such 19 sentence. 20 (d) Any person convicted of a second or subsequent 21 violation of this Section shall be guilty of a Class 4 felony 22 if the original revocation or suspension was for a violation 23 of Section 11-401 or 11-501 of this Code, or a similar 24 out-of-state offense, or a similar provision of a local 25 ordinance, a violation of Section 9-3 of the Criminal Code of 26 1961, relating to the offense of reckless homicide, or a 27 similar out-of-state offense, or a statutory summary 28 suspension under Section 11-501.1 or 11-501.9 of this Code. 29 (e) Any person in violation of this Section who is also 30 in violation of Section 7-601 of this Code relating to 31 mandatory insurance requirements, in addition to other 32 penalties imposed under this Section, shall have his or her 33 motor vehicle immediately impounded by the arresting law 34 enforcement officer. The motor vehicle may be released to -23- LRB9204650DHmbA 1 any licensed driver upon a showing of proof of insurance for 2 the vehicle that was impounded and the notarized written 3 consent for the release by the vehicle owner. 4 (f) For any prosecution under this Section, a certified 5 copy of the driving abstract of the defendant shall be 6 admitted as proof of any prior conviction. 7 (Source: P.A. 90-400, eff. 8-15-97; 90-738, eff. 1-1-99; 8 91-692, eff. 4-13-00.) 9 (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500) 10 Sec. 11-500. Definitions. For the purposes of 11 interpreting Sections 6-206.1 and 6-208.1 of this Code, 12 "first offender" shall mean: (i) any person who has not had a 13 previous conviction or court assigned supervision for 14 violating Section 11-501, or a similar provision of a local 15 ordinance, or a conviction in any other state for a violation 16 of driving while under the influence or a similar offense 17 where the cause of action is the same or substantially 18 similar to this Code, or (ii) any person who has not had a 19 driver's license suspension for violating Section 11-501.1 or 20 11-501.9 within 5 years prior to the date of the current 21 offense or failure to submit to or complete a chemical test 22 or tests of blood, breath, or urine pursuant to Section 23 11-501.1 or a preliminary breath screening test or a field 24 sobriety test or tests pursuant to Section 11-501.9, except 25 in cases where the driver submitted to chemical testing 26 resulting in an alcohol concentration of 0.08 or more, or any 27 amount of a drug, substance, or compound in such person's 28 blood or urine resulting from the unlawful use or consumption 29 of cannabis listed in the Cannabis Control Act, a controlled 30 substance listed in the Illinois Controlled Substances Act, 31 or an intoxicating compound listed in the Use of Intoxicating 32 Compounds Act and was subsequently found not guilty of 33 violating Section 11-501, or a similar provision of a local -24- LRB9204650DHmbA 1 ordinance. 2 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.) 3 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 4 Sec. 11-501. Driving while under the influence of 5 alcohol, other drug or drugs, intoxicating compound or 6 compounds or any combination thereof. 7 (a) A person shall not drive or be in actual physical 8 control of any vehicle within this State while: 9 (1) the alcohol concentration in the person's blood 10 or breath is 0.08 or more based on the definition of 11 blood and breath units in Section 11-501.2; 12 (2) under the influence of alcohol; 13 (3) under the influence of any intoxicating 14 compound or combination of intoxicating compounds to a 15 degree that renders the person incapable of driving 16 safely; 17 (4) under the influence of any other drug or 18 combination of drugs to a degree that renders the person 19 incapable of safely driving; 20 (5) under the combined influence of alcohol, other 21 drug or drugs, or intoxicating compound or compounds to a 22 degree that renders the person incapable of safely 23 driving; or 24 (6) there is any amount of a drug, substance, or 25 compound in the person's breath, blood, or urine 26 resulting from the unlawful use or consumption of 27 cannabis listed in the Cannabis Control Act, a controlled 28 substance listed in the Illinois Controlled Substances 29 Act, or an intoxicating compound listed in the Use of 30 Intoxicating Compounds Act. 31 (b) The fact that any person charged with violating this 32 Section is or has been legally entitled to use alcohol, other 33 drug or drugs, or intoxicating compound or compounds, or any -25- LRB9204650DHmbA 1 combination thereof, shall not constitute a defense against 2 any charge of violating this Section. 3 (c) Except as provided under paragraphs (c-3) and (d) of 4 this Section, every person convicted of violating this 5 Section or a similar provision of a local ordinance, shall be 6 guilty of a Class A misdemeanor and, in addition to any other 7 criminal or administrative action, for any second conviction 8 of violating this Section or a similar provision of a law of 9 another state or local ordinance committed within 5 years of 10 a previous violation of this Section or a similar provision 11 of a local ordinance shall be mandatorily sentenced to a 12 minimum of 48 consecutive hours of imprisonment or assigned 13 to a minimum of 100 hours of community service as may be 14 determined by the court. Every person convicted of violating 15 this Section or a similar provision of a local ordinance 16 shall be subject to a mandatory minimum fine of $500 and a 17 mandatory 5 days of community service in a program benefiting 18 children if the person committed a violation of paragraph (a) 19 or a similar provision of a local ordinance while 20 transporting a person under age 16. Every person convicted a 21 second time for violating this Section or a similar provision 22 of a local ordinance within 5 years of a previous violation 23 of this Section or a similar provision of a law of another 24 state or local ordinance shall be subject to a mandatory 25 minimum fine of $500 and 10 days of mandatory community 26 service in a program benefiting children if the current 27 offense was committed while transporting a person under age 28 16. The imprisonment or assignment under this subsection 29 shall not be subject to suspension nor shall the person be 30 eligible for probation in order to reduce the sentence or 31 assignment. 32 (c-1) (1) A person who violates this Section during a 33 period in which his or her driving privileges are revoked 34 or suspended, where the revocation or suspension was for -26- LRB9204650DHmbA 1 a violation of this Section or a similar provision of a 2 local ordinance, a failure to submit to a chemical test 3 or tests of blood, breath, or urine pursuant to,Section 4 11-501.1 or a failure to submit to a preliminary breath 5 screening test or a field sobriety test or tests pursuant 6 to Section 11-501.9 of this Code, a violation of,7 paragraph (b) of Section 11-401 of this Code, or a 8 violation of Section 9-3 of the Criminal Code of 1961 is 9 guilty of a Class 4 felony. 10 (2) A person who violates this Section a third time 11 during a period in which his or her driving privileges 12 are revoked or suspended where the revocation or 13 suspension was for a violation of this Section, or a 14 similar violation of a local ordinance, a failure to 15 submit to a chemical test or tests of blood, breath, or 16 urine pursuant to Section 11-501.1 or a failure to submit 17 to a preliminary breath screening test or a field 18 sobriety test or tests pursuant to Section 11-501.9 of 19 this Code, a violation of,paragraph (b) of Section 20 11-401 of this Code, or a violation of Section 9-3 of the 21 Criminal Code of 1961 is guilty of a Class 3 felony. 22 (3) A person who violates this Section a fourth or 23 subsequent time during a period in which his or her 24 driving privileges are revoked or suspended where the 25 revocation or suspension was for a violation of this 26 Section or a similar violation of a local ordinance, a 27 failure to submit to a chemical test or tests of blood, 28 breath, or urine pursuant to,Section 11-501.1 or a 29 failure to submit to a preliminary breath screening test 30 or a field sobriety test or tests pursuant to Section 31 11-501.9 of this Code, a violation of,paragraph (b) of 32 Section 11-401 of this Code, or a violation of Section 33 9-3 of the Criminal Code of 1961 is guilty of a Class 2 34 felony. -27- LRB9204650DHmbA 1 (c-2) (Blank). 2 (c-3) Every person convicted of violating this Section 3 or a similar provision of a local ordinance who had a child 4 under age 16 in the vehicle at the time of the offense shall 5 have his or her punishment under this Act enhanced by 2 days 6 of imprisonment for a first offense, 10 days of imprisonment 7 for a second offense, 30 days of imprisonment for a third 8 offense, and 90 days of imprisonment for a fourth or 9 subsequent offense, in addition to the fine and community 10 service required under subsection (c) and the possible 11 imprisonment required under subsection (d). The imprisonment 12 or assignment under this subsection shall not be subject to 13 suspension nor shall the person be eligible for probation in 14 order to reduce the sentence or assignment. 15 (d) (1) Every person convicted of committing a violation 16 of this Section shall be guilty of aggravated driving under 17 the influence of alcohol, other drug or drugs, or 18 intoxicating compound or compounds, or any combination 19 thereof if: 20 (A) the person committed a violation of this 21 Section, or a similar provision of a law of another state 22 or a local ordinance when the cause of action is the same 23 as or substantially similar to this Section, for the 24 third or subsequent time; 25 (B) the person committed a violation of paragraph 26 (a) while driving a school bus with children on board; 27 (C) the person in committing a violation of 28 paragraph (a) was involved in a motor vehicle accident 29 that resulted in great bodily harm or permanent 30 disability or disfigurement to another, when the 31 violation was a proximate cause of the injuries; or 32 (D) the person committed a violation of paragraph 33 (a) for a second time and has been previously convicted 34 of violating Section 9-3 of the Criminal Code of 1961 -28- LRB9204650DHmbA 1 relating to reckless homicide in which the person was 2 determined to have been under the influence of alcohol, 3 other drug or drugs, or intoxicating compound or 4 compounds as an element of the offense or the person has 5 previously been convicted under subparagraph (C) of this 6 paragraph (1). 7 (2) Aggravated driving under the influence of alcohol, 8 other drug or drugs, or intoxicating compound or compounds, 9 or any combination thereof is a Class 4 felony for which a 10 person, if sentenced to a term of imprisonment, shall be 11 sentenced to not less than one year and not more than 3 years 12 for a violation of subparagraph (A), (B) or (D) of paragraph 13 (1) of this subsection (d) and not less than one year and not 14 more than 12 years for a violation of subparagraph (C) of 15 paragraph (1) of this subsection (d). For any prosecution 16 under this subsection (d), a certified copy of the driving 17 abstract of the defendant shall be admitted as proof of any 18 prior conviction. 19 (e) After a finding of guilt and prior to any final 20 sentencing, or an order for supervision, for an offense based 21 upon an arrest for a violation of this Section or a similar 22 provision of a local ordinance, individuals shall be required 23 to undergo a professional evaluation to determine if an 24 alcohol, drug, or intoxicating compound abuse problem exists 25 and the extent of the problem. Programs conducting these 26 evaluations shall be licensed by the Department of Human 27 Services. The cost of any professional evaluation shall be 28 paid for by the individual required to undergo the 29 professional evaluation. 30 (f) Every person found guilty of violating this Section, 31 whose operation of a motor vehicle while in violation of this 32 Section proximately caused any incident resulting in an 33 appropriate emergency response, shall be liable for the 34 expense of an emergency response as provided under Section -29- LRB9204650DHmbA 1 5-5-3 of the Unified Code of Corrections. 2 (g) The Secretary of State shall revoke the driving 3 privileges of any person convicted under this Section or a 4 similar provision of a local ordinance. 5 (h) Every person sentenced under subsection (d) of this 6 Section and who receives a term of probation or conditional 7 discharge shall be required to serve a minimum term of either 8 30 days community service or, beginning July 1, 1993, 48 9 consecutive hours of imprisonment as a condition of the 10 probation or conditional discharge. This mandatory minimum 11 term of imprisonment or assignment of community service shall 12 not be suspended and shall not be subject to reduction by the 13 court. 14 (i) The Secretary of State may use ignition interlock 15 device requirements when granting driving relief to 16 individuals who have been arrested for a second or subsequent 17 offense of this Section or a similar provision of a local 18 ordinance. The Secretary shall establish by rule and 19 regulation the procedures for use of the interlock system. 20 (j) In addition to any other penalties and liabilities, 21 a person who is found guilty of or pleads guilty to violating 22 this Section, including any person placed on court 23 supervision for violating this Section, shall be fined $100, 24 payable to the circuit clerk, who shall distribute the money 25 to the law enforcement agency that made the arrest. In the 26 event that more than one agency is responsible for the 27 arrest, the $100 shall be shared equally. Any moneys 28 received by a law enforcement agency under this subsection 29 (j) shall be used to purchase law enforcement equipment that 30 will assist in the prevention of alcohol related criminal 31 violence throughout the State. This shall include, but is 32 not limited to, in-car video cameras, radar and laser speed 33 detection devices, and alcohol breath testers. Any moneys 34 received by the Department of State Police under this -30- LRB9204650DHmbA 1 subsection (j) shall be deposited into the State Police DUI 2 Fund and shall be used to purchase law enforcement equipment 3 that will assist in the prevention of alcohol related 4 criminal violence throughout the State. 5 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 6 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 7 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, 8 eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.) 9 (625 ILCS 5/11-501.9 new) 10 Sec. 11-501.9. Mandatory preliminary breath screening 11 test and field sobriety tests. 12 (a) The General Assembly finds that: (1) the incidence 13 of motorists suspected of driving under the influence of 14 alcohol, other drugs, or intoxicating compounds who refuse to 15 perform voluntary preliminary breath screening tests or field 16 sobriety tests has risen to alarming proportions; (2) 17 motorists who refuse these tests frequently drive under the 18 influence of alcohol, drugs, or intoxicating compounds but 19 are nonetheless often able to avoid the loss or suspension of 20 driving privileges by refusing to perform these tests; (3) 21 these motorists pose a substantial danger to the lives and 22 property both of other motorists and of pedestrians; (4) the 23 State of Illinois has the duty to protect the lives and 24 property of its citizens as they travel upon the roads and 25 highways of this State, and that duty gives rise to a special 26 need to ensure that those roads and highways are free from 27 the dangers posed by impaired motorists; (5) persons who 28 operate motor vehicles upon the roads and highways of this 29 State engage in an inherently dangerous activity that 30 directly affects the safety of the public, and consequently, 31 such persons are subject to reasonable measures designed to 32 make road and highway travel safe; (6) the only effective and 33 realistic response to the crisis presented by motorists -31- LRB9204650DHmbA 1 refusing to voluntarily perform preliminary breath screening 2 tests or field sobriety tests is to require persons suspected 3 of driving under the influence of alcohol, drugs, or 4 intoxicating compounds to perform these tests; and (7) the 5 required performance of these tests based on individualized 6 reasonable suspicion is a necessary, unobtrusive, and 7 reasonable measure designed to promote the State's special 8 need to make its roads and highways safe. 9 (b) Any person who drives or is in actual physical 10 control of a motor vehicle within this State shall be deemed 11 to have given consent to performing any field sobriety test 12 or tests approved by the Illinois Law Enforcement Training 13 Standards Board and to providing a sample of his or her 14 breath for a preliminary breath screening test using a 15 portable device approved by the Department of State Police 16 and checked for accuracy by the law enforcement agency 17 utilizing the device at intervals not exceeding 3 months if 18 the law enforcement officer has reasonable suspicion based on 19 specific and articulable facts and rational inferences from 20 those facts to believe that the person is violating or has 21 violated Section 11-501 or a similar provision of a local 22 ordinance. These tests shall be conducted expeditiously in 23 the vicinity of the location in which the person was stopped 24 by a law enforcement officer trained to administer these 25 tests under standards set forth by the Illinois Law 26 Enforcement Training Standards Board. The results of the 27 field sobriety test or tests or the preliminary breath 28 screening test may be used by the law enforcement officer for 29 the purpose of assisting with the determination of whether to 30 require a chemical test as authorized under Sections 11-501.1 31 and 11-501.2, and the appropriate type of test to request. 32 The decision to administer a field sobriety test or tests or 33 a preliminary breath screening test shall at all times be in 34 the discretion of the law enforcement officer. Any chemical -32- LRB9204650DHmbA 1 test authorized under Sections 11-501.1 and 11-501.2 may be 2 requested by the officer regardless of the result of the 3 field sobriety test or tests or of the preliminary breath 4 screening test, if probable cause for an arrest otherwise 5 exists. The preliminary breath screening test shall be 6 administered in accordance with rules the Director of the 7 Illinois State Police may adopt. The result of a field 8 sobriety test or test or of a preliminary breath screening 9 test may be used by the defendant as evidence in any 10 administrative or court proceeding involving a violation of 11 Section 11-501 or 11-501.1 and may be used by the State as 12 evidence in any administrative or court proceeding to 13 establish probable cause for a violation of Section 11-501 or 14 in rebuttal to an assertion that a test conducted pursuant to 15 Section 11-501.1 did not accurately reflect a person's degree 16 of alcohol concentration in the person's breath or blood at 17 the time the person was in control of the motor vehicle. 18 For the purposes of this Section, a law enforcement 19 officer of this State who is investigating a person for any 20 offense set forth in Section 11-501 may travel to an 21 adjoining state to which the person has been transported for 22 medical care to complete an investigation and request that 23 the person submit to the test set forth in this Section. 24 (c) A person requested to submit to any test as provided 25 in subsection (b) of this Section shall be warned by the law 26 enforcement officer requesting the test prior to 27 administering the test or tests that a refusal to submit to 28 any test will result in the statutory summary suspension of 29 the person's privilege to operate a motor vehicle as provided 30 in Section 6-208.1 of this Code. 31 (d) If a person refuses to perform a field sobriety test 32 or tests or a preliminary breath screening test requested by 33 a law enforcement officer, the law enforcement officer shall 34 immediately submit a sworn report to the Secretary of State -33- LRB9204650DHmbA 1 on a form prescribed by the Secretary, certifying that the 2 test was requested under subsection (b) and that the person 3 refused to submit to the test. 4 (e) Upon receipt of the sworn report of a law 5 enforcement officer submitted under subsection (d), the 6 Secretary of State shall enter the statutory summary 7 suspension for the periods specified in Section 6-208.1, and 8 effective as provided in subsection (i). If the person is a 9 first offender as defined in Section 11-500 of this Code, and 10 is not convicted of a violation of Section 11-501 of this 11 Code or a similar provision of a local ordinance, then 12 reports received by the Secretary of State under this Section 13 shall, except during the actual time the statutory summary 14 suspension is in effect, be privileged information and for 15 use only by the courts, police officers, prosecuting 16 authorities, or the Secretary of State. 17 (f) The law enforcement officer submitting the sworn 18 report under subsection (d) shall serve immediate notice of 19 the statutory summary suspension on the person. The 20 suspension shall be effective on the 46th day following the 21 date the statutory summary suspension was given to the 22 person. Upon receipt of the sworn report from the law 23 enforcement officer, the Secretary of State shall confirm the 24 statutory summary suspension by mailing a notice of the 25 effective date of the suspension to the person and to the 26 court of venue if the person was given a citation at the time 27 of the notice of suspension by the law enforcement officer 28 and the person's driver's license was forwarded to the court. 29 If the sworn report is defective because it does not contain 30 sufficient information or it has been completed in error, the 31 confirmation of the statutory summary suspension must not be 32 mailed to the person or entered to the record; instead, the 33 sworn report must be returned to the issuing agency, 34 identifying any defect. -34- LRB9204650DHmbA 1 (g) A driver may contest the suspension of his or her 2 driving privileges by requesting an administrative hearing 3 with the Secretary in accordance with Section 2-118 of this 4 Code. The administrative hearing shall be held within 30 5 days of the request unless the person requests a continuance. 6 The petition for this hearing does not stay or delay the 7 effective date of the impending suspension. The scope of the 8 hearing shall be limited to the issues of: 9 (1) whether the officer had reasonable suspicion 10 based on specific and articulable facts and inferences 11 from those facts to believe that the person was driving 12 or in actual physical control of a motor vehicle upon the 13 public highways of this State while under the influence 14 of alcohol, another drug, or a combination of both, or 15 intoxicating compounds; and 16 (2) whether the person, after being advised by the 17 law enforcement officer that the privilege to operate a 18 motor vehicle would be suspended if the person refused to 19 submit to and complete a field sobriety test or tests or 20 a preliminary breath screening test, refused to submit to 21 or complete such test. 22 The hearing may be conducted upon a review of the law 23 enforcement officer's own official reports; however, the 24 person may subpoena the officer. Failure of the officer to 25 answer the subpoena shall be considered grounds for the 26 person to obtain a continuance if, in the opinion of the 27 hearing officer, the continuance is appropriate. At the 28 conclusion of the hearing, the Secretary may rescind, 29 continue or modify the order of suspension. If the Secretary 30 does not rescind the sanction, and the person is a first 31 offender as defined by Section 11-500, upon application being 32 made and good cause shown, the Secretary may issue the person 33 a restricted driving permit effective no sooner than the 31st 34 day following the date on which the statutory summary -35- LRB9204650DHmbA 1 suspension took effect. The restricted driving permit may be 2 granted to relieve undue hardship by allowing driving for 3 employment, educational, and medical purposes outlined in 4 item (3) of subsection (c) of Section 6-206 of this Code. 5 The provisions of item (3) of subsection (c) of Section 6-206 6 shall apply. 7 (h) When specific and articulable facts and the 8 inferences from those facts give rise to a rational basis for 9 concluding that the driver of a vehicle is impaired from 10 alcohol, drugs, intoxicating compounds or a combination of 11 them to the extent that the continued operation of the 12 vehicle by the driver would constitute a clear and present 13 danger to any person, the law enforcement officer may secure 14 the driver's vehicle for up to 24 hours. For the purpose of 15 this subsection, "secure" means that the officer may: (i) 16 direct the driver not to operate the vehicle; (ii) take 17 possession of the driver's vehicle keys, (iii) impound the 18 vehicle, or (iv) take other reasonable steps to ensure the 19 driver does not operate the vehicle. If the vehicle is 20 impounded, the driver shall be liable for all costs of 21 impoundment. The law enforcement officer may release the 22 vehicle to a person other than the driver if: (i) that other 23 person is the owner or renter of the vehicle or the driver is 24 owner of the vehicle and gives permission to the other person 25 to operate the vehicle and (ii) the other person possesses a 26 valid operator's license and would not, as determined by the 27 law enforcement officer, either have a lack of ability to 28 operate the vehicle in a safe manner or be operating the 29 vehicle in violation of this Code. 30 Section 10. The Unified Code of Corrections is amended 31 by changing Section 5-6-1 as follows: 32 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1) -36- LRB9204650DHmbA 1 Sec. 5-6-1. Sentences of Probation and of Conditional 2 Discharge and Disposition of Supervision. The General 3 Assembly finds that in order to protect the public, the 4 criminal justice system must compel compliance with the 5 conditions of probation by responding to violations with 6 swift, certain and fair punishments and intermediate 7 sanctions. The Chief Judge of each circuit shall adopt a 8 system of structured, intermediate sanctions for violations 9 of the terms and conditions of a sentence of probation, 10 conditional discharge or disposition of supervision. 11 (a) Except where specifically prohibited by other 12 provisions of this Code, the court shall impose a sentence of 13 probation or conditional discharge upon an offender unless, 14 having regard to the nature and circumstance of the offense, 15 and to the history, character and condition of the offender, 16 the court is of the opinion that: 17 (1) his imprisonment or periodic imprisonment is 18 necessary for the protection of the public; or 19 (2) probation or conditional discharge would 20 deprecate the seriousness of the offender's conduct and 21 would be inconsistent with the ends of justice. 22 The court shall impose as a condition of a sentence of 23 probation, conditional discharge, or supervision, that the 24 probation agency may invoke any sanction from the list of 25 intermediate sanctions adopted by the chief judge of the 26 circuit court for violations of the terms and conditions of 27 the sentence of probation, conditional discharge, or 28 supervision, subject to the provisions of Section 5-6-4 of 29 this Act. 30 (b) The court may impose a sentence of conditional 31 discharge for an offense if the court is of the opinion that 32 neither a sentence of imprisonment nor of periodic 33 imprisonment nor of probation supervision is appropriate. 34 (c) The court may, upon a plea of guilty or a -37- LRB9204650DHmbA 1 stipulation by the defendant of the facts supporting the 2 charge or a finding of guilt, defer further proceedings and 3 the imposition of a sentence, and enter an order for 4 supervision of the defendant, if the defendant is not charged 5 with a Class A misdemeanor, as defined by the following 6 provisions of the Criminal Code of 1961: Sections 12-3.2; 7 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section 8 21-1; paragraph (1) through (5), (8), (10), and (11) of 9 subsection (a) of Section 24-1; and Section 1 of the Boarding 10 Aircraft With Weapon Act; or a felony. If the defendant is 11 not barred from receiving an order for supervision as 12 provided in this subsection, the court may enter an order for 13 supervision after considering the circumstances of the 14 offense, and the history, character and condition of the 15 offender, if the court is of the opinion that: 16 (1) the offender is not likely to commit further 17 crimes; 18 (2) the defendant and the public would be best 19 served if the defendant were not to receive a criminal 20 record; and 21 (3) in the best interests of justice an order of 22 supervision is more appropriate than a sentence otherwise 23 permitted under this Code. 24 (d) The provisions of paragraph (c) shall not apply to a 25 defendant charged with violating Section 11-501 of the 26 Illinois Vehicle Code or a similar provision of a local 27 ordinance when the defendant has previously been: 28 (1) convicted for a violation of Section 11-501 of 29 the Illinois Vehicle Code or a similar provision of a 30 local ordinance or any similar law or ordinance of 31 another state; or 32 (2) assigned supervision for a violation of Section 33 11-501 of the Illinois Vehicle Code or a similar 34 provision of a local ordinance or any similar law or -38- LRB9204650DHmbA 1 ordinance of another state; or 2 (3) pleaded guilty to or stipulated to the facts 3 supporting a charge or a finding of guilty to a violation 4 of Section 11-503 of the Illinois Vehicle Code or a 5 similar provision of a local ordinance or any similar law 6 or ordinance of another state, and the plea or 7 stipulation was the result of a plea agreement. 8 The court shall consider the statement of the prosecuting 9 authority with regard to the standards set forth in this 10 Section. 11 (e) The provisions of paragraph (c) shall not apply to a 12 defendant charged with violating Section 16A-3 of the 13 Criminal Code of 1961 if said defendant has within the last 5 14 years been: 15 (1) convicted for a violation of Section 16A-3 of 16 the Criminal Code of 1961; or 17 (2) assigned supervision for a violation of Section 18 16A-3 of the Criminal Code of 1961 or similar provision 19 of an out-of-state jurisdiction. 20 The court shall consider the statement of the prosecuting 21 authority with regard to the standards set forth in this 22 Section. 23 (f) The provisions of paragraph (c) shall not apply to a 24 defendant charged with violating Sections 15-111, 15-112, 25 15-301, paragraph (b) of Section 6-104, Section 11-605, or 26 Section 11-1414 of the Illinois Vehicle Code or a similar 27 provision of a local ordinance or out-of-state jurisdiction. 28 (g) Except as otherwise provided in paragraph (i) of 29 this Section, the provisions of paragraph (c) shall not apply 30 to a defendant charged with violating Section 3-707, 3-708, 31 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar 32 provision of a local ordinance if the defendant has within 33 the last 5 years been: 34 (1) convicted for a violation of Section 3-707, -39- LRB9204650DHmbA 1 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or 2 a similar provision of a local ordinance or out-of-state 3 jurisdiction; or 4 (2) assigned supervision for a violation of Section 5 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle 6 Code or a similar provision of a local ordinance or 7 out-of-state jurisdiction. 8 The court shall consider the statement of the prosecuting 9 authority with regard to the standards set forth in this 10 Section. 11 (h) The provisions of paragraph (c) shall not apply to a 12 defendant under the age of 21 years charged with violating a 13 serious traffic offense as defined in Section 1-187.001 of 14 the Illinois Vehicle Code: 15 (1) unless the defendant, upon payment of the 16 fines, penalties, and costs provided by law, agrees to 17 attend and successfully complete a traffic safety program 18 approved by the court under standards set by the 19 Conference of Chief Circuit Judges. The accused shall be 20 responsible for payment of any traffic safety program 21 fees. If the accused fails to file a certificate of 22 successful completion on or before the termination date 23 of the supervision order, the supervision shall be 24 summarily revoked and conviction entered. The provisions 25 of Supreme Court Rule 402 relating to pleas of guilty do 26 not apply in cases when a defendant enters a guilty plea 27 under this provision; or 28 (2) if the defendant has previously been sentenced 29 under the provisions of paragraph (c) on or after January 30 1, 1998 for any serious traffic offense as defined in 31 Section 1-187.001 of the Illinois Vehicle Code. 32 (i) The provisions of paragraph (c) shall not apply to a 33 defendant charged with violating Section 3-707 of the 34 Illinois Vehicle Code or a similar provision of a local -40- LRB9204650DHmbA 1 ordinance if the defendant has been assigned supervision for 2 a violation of Section 3-707 of the Illinois Vehicle Code or 3 a similar provision of a local ordinance or out-of-state 4 jurisdiction. 5 (j) The provisions of paragraph (c) shall not apply to a 6 defendant charged with violating Section 6-303 of the 7 Illinois Vehicle Code or a similar provision of a local 8 ordinance or out-of-state jurisdiction when the revocation or 9 suspension was for a violation of Section 11-501 or a similar 10 provision of a local ordinance, a failure to submit to a 11 chemical test or tests of blood, breath, or urine pursuant to 12violation ofSection 11-501.1 or to a preliminary breath 13 screening test or a field sobriety test or tests pursuant to 14 Section 11-501.9 of the Illinois Vehicle Code, a violation of 15orparagraph (b) of Section 11-401 of the Illinois Vehicle 16 Code, or a violation of Section 9-3 of the Criminal Code of 17 1961 if the defendant has within the last 10 years been: 18 (1) convicted for a violation of Section 6-303 of 19 the Illinois Vehicle Code or a similar provision of a 20 local ordinance or out-of-state jurisdiction; or 21 (2) assigned supervision for a violation of Section 22 6-303 of the Illinois Vehicle Code or a similar provision 23 of a local ordinance or out-of-state jurisdiction. 24 (Source: P.A. 90-369, eff. 1-1-98; 90-738, eff. 1-1-99; 25 90-784, eff. 1-1-99; 91-114, eff. 1-1-00; 91-357, eff. 26 7-29-99.) 27 Section 99. Effective date. This Act takes effect on 28 July 1, 2001. -41- LRB9204650DHmbA 1 INDEX 2 Statutes amended in order of appearance 3 625 ILCS 5/6-113 from Ch. 95 1/2, par. 6-113 4 625 ILCS 5/6-118 from Ch. 95 1/2, par. 6-118 5 625 ILCS 5/6-203.1 from Ch. 95 1/2, par. 6-203.1 6 625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206 7 625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1 8 625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303 9 625 ILCS 5/11-500 from Ch. 95 1/2, par. 11-500 10 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 11 625 ILCS 5/11-501.9 new 12 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1