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Public Act 095-0201 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 2-123, 6-204, 11-501.1, and 11-501.8 as follows:
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(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
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Sec. 2-123. Sale and Distribution of Information.
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(a) Except as otherwise provided in this Section, the | ||||
Secretary may make the
driver's license, vehicle and title | ||||
registration lists, in part or in whole,
and any statistical | ||||
information derived from these lists available to local
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governments, elected state officials, state educational | ||||
institutions, and all
other governmental units of the State and | ||||
Federal
Government
requesting them for governmental purposes. | ||||
The Secretary shall require any such
applicant for services to | ||||
pay for the costs of furnishing such services and the
use of | ||||
the equipment involved, and in addition is empowered to | ||||
establish prices
and charges for the services so furnished and | ||||
for the use of the electronic
equipment utilized.
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(b) The Secretary is further empowered to and he may, in | ||||
his discretion,
furnish to any applicant, other than listed in | ||||
subsection (a) of this Section,
vehicle or driver data on a | ||||
computer tape, disk, other electronic format or
computer |
processable medium, or printout at a fixed fee of
$250 for | ||
orders received before October 1, 2003 and $500 for orders | ||
received
on or after October 1, 2003, in advance, and require | ||
in addition a
further sufficient
deposit based upon the | ||
Secretary of State's estimate of the total cost of the
| ||
information requested and a charge of $25 for orders received | ||
before October
1, 2003 and $50 for orders received on or after | ||
October 1, 2003, per 1,000
units or part
thereof identified or | ||
the actual cost, whichever is greater. The Secretary is
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authorized to refund any difference between the additional | ||
deposit and the
actual cost of the request. This service shall | ||
not be in lieu of an abstract
of a driver's record nor of a | ||
title or registration search. This service may
be limited to | ||
entities purchasing a minimum number of records as required by
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administrative rule. The information
sold pursuant to this | ||
subsection shall be the entire vehicle or driver data
list, or | ||
part thereof. The information sold pursuant to this subsection
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shall not contain personally identifying information unless | ||
the information is
to be used for one of the purposes | ||
identified in subsection (f-5) of this
Section. Commercial | ||
purchasers of driver and vehicle record databases shall
enter | ||
into a written agreement with the Secretary of State that | ||
includes
disclosure of the commercial use of the information to | ||
be purchased. | ||
(b-1) The Secretary is further empowered to and may, in his | ||
or her discretion, furnish vehicle or driver data on a computer |
tape, disk, or other electronic format or computer processible | ||
medium, at no fee, to any State or local governmental agency | ||
that uses the information provided by the Secretary to transmit | ||
data back to the Secretary that enables the Secretary to | ||
maintain accurate driving records, including dispositions of | ||
traffic cases. This information may be provided without fee not | ||
more often than once every 6 months.
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(c) Secretary of State may issue registration lists. The | ||
Secretary
of State shall compile and publish, at least | ||
annually, a list of all registered
vehicles. Each list of | ||
registered vehicles shall be arranged serially
according to the | ||
registration numbers assigned to registered vehicles and
shall | ||
contain in addition the names and addresses of registered | ||
owners and
a brief description of each vehicle including the | ||
serial or other
identifying number thereof. Such compilation | ||
may be in such form as in the
discretion of the Secretary of | ||
State may seem best for the purposes intended.
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(d) The Secretary of State shall furnish no more than 2 | ||
current available
lists of such registrations to the sheriffs | ||
of all counties and to the chiefs
of police of all cities and | ||
villages and towns of 2,000 population and over
in this State | ||
at no cost. Additional copies may be purchased by the sheriffs
| ||
or chiefs of police at the fee
of $500 each or at the cost of | ||
producing the list as determined
by the Secretary of State. | ||
Such lists are to be used for governmental
purposes only.
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(e) (Blank).
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(e-1) (Blank).
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(f) The Secretary of State shall make a title or | ||
registration search of the
records of his office and a written | ||
report on the same for any person, upon
written application of | ||
such person, accompanied by a fee of $5 for
each registration | ||
or title search. The written application shall set forth
the | ||
intended use of the requested information. No fee shall be | ||
charged for a
title or
registration search, or for the | ||
certification thereof requested by a government
agency. The | ||
report of the title or registration search shall not contain
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personally identifying information unless the request for a | ||
search was made for
one of the purposes identified in | ||
subsection (f-5) of this Section. The report of the title or | ||
registration search shall not contain highly
restricted | ||
personal
information unless specifically authorized by this | ||
Code.
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The Secretary of State shall certify a title or | ||
registration record upon
written request. The fee for | ||
certification shall be $5 in addition
to the fee required for a | ||
title or registration search. Certification shall
be made under | ||
the signature of the Secretary of State and shall be
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authenticated by Seal of the Secretary of State.
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The Secretary of State may notify the vehicle owner or | ||
registrant of
the request for purchase of his title or | ||
registration information as the
Secretary deems appropriate.
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No information shall be released to the requestor until |
expiration of a
10 day period. This 10 day period shall not | ||
apply to requests for
information made by law enforcement | ||
officials, government agencies,
financial institutions, | ||
attorneys, insurers, employers, automobile
associated | ||
businesses, persons licensed as a private detective or firms
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licensed as a private detective agency under the Private | ||
Detective, Private
Alarm, Private Security, and Locksmith Act | ||
of 2004, who are employed by or are
acting on
behalf of law | ||
enforcement officials, government agencies, financial
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institutions, attorneys, insurers, employers, automobile | ||
associated businesses,
and other business entities for | ||
purposes consistent with the Illinois Vehicle
Code, the vehicle | ||
owner or registrant or other entities as the Secretary may
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exempt by rule and regulation.
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Any misrepresentation made by a requestor of title or | ||
vehicle information
shall be punishable as a petty offense, | ||
except in the case of persons
licensed as a private detective | ||
or firms licensed as a private detective agency
which shall be | ||
subject to disciplinary sanctions under Section 40-10 of the
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Private Detective, Private Alarm, Private Security, and | ||
Locksmith Act of 2004.
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(f-5) The Secretary of State shall not disclose or | ||
otherwise make
available to
any person or entity any personally | ||
identifying information obtained by the
Secretary
of State in | ||
connection with a driver's license, vehicle, or title | ||
registration
record
unless the information is disclosed for one |
of the following purposes:
| ||
(1) For use by any government agency, including any | ||
court or law
enforcement agency, in carrying out its | ||
functions, or any private person or
entity acting on behalf | ||
of a federal, State, or local agency in carrying out
its
| ||
functions.
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(2) For use in connection with matters of motor vehicle | ||
or driver safety
and theft; motor vehicle emissions; motor | ||
vehicle product alterations, recalls,
or advisories; | ||
performance monitoring of motor vehicles, motor vehicle | ||
parts,
and dealers; and removal of non-owner records from | ||
the original owner
records of motor vehicle manufacturers.
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(3) For use in the normal course of business by a | ||
legitimate business or
its agents, employees, or | ||
contractors, but only:
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(A) to verify the accuracy of personal information | ||
submitted by
an individual to the business or its | ||
agents, employees, or contractors;
and
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(B) if such information as so submitted is not | ||
correct or is no
longer correct, to obtain the correct | ||
information, but only for the
purposes of preventing | ||
fraud by, pursuing legal remedies against, or
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recovering on a debt or security interest against, the | ||
individual.
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(4) For use in research activities and for use in | ||
producing statistical
reports, if the personally |
identifying information is not published,
redisclosed, or | ||
used to
contact individuals.
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(5) For use in connection with any civil, criminal, | ||
administrative, or
arbitral proceeding in any federal, | ||
State, or local court or agency or before
any
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self-regulatory body, including the service of process, | ||
investigation in
anticipation of litigation, and the | ||
execution or enforcement of judgments and
orders, or | ||
pursuant to an order of a federal, State, or local court.
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(6) For use by any insurer or insurance support | ||
organization or by a
self-insured entity or its agents, | ||
employees, or contractors in connection with
claims | ||
investigation activities, antifraud activities, rating, or | ||
underwriting.
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(7) For use in providing notice to the owners of towed | ||
or
impounded vehicles.
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(8) For use by any person licensed as a private | ||
detective or firm licensed as a private
detective agency | ||
under
the Private Detective, Private Alarm, Private | ||
Security, and Locksmith Act of
1993, private investigative | ||
agency or security service
licensed in Illinois for any | ||
purpose permitted under this subsection.
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(9) For use by an employer or its agent or insurer to | ||
obtain or verify
information relating to a holder of a | ||
commercial driver's license that is
required under chapter | ||
313 of title 49 of the United States Code.
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(10) For use in connection with the operation of | ||
private toll
transportation facilities.
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(11) For use by any requester, if the requester | ||
demonstrates it has
obtained the written consent of the | ||
individual to whom the information
pertains.
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(12) For use by members of the news media, as defined | ||
in
Section 1-148.5, for the purpose of newsgathering when | ||
the request relates to
the
operation of a motor vehicle or | ||
public safety.
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(13) For any other use specifically authorized by law, | ||
if that use is
related to the operation of a motor vehicle | ||
or public safety. | ||
(f-6) The Secretary of State shall not disclose or | ||
otherwise make
available to any
person or entity any highly | ||
restricted personal information obtained by the
Secretary of
| ||
State in connection with a driver's license, vehicle, or
title | ||
registration
record unless
specifically authorized by this | ||
Code.
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(g) 1. The Secretary of State may, upon receipt of a | ||
written request
and a fee of $6 before October 1, 2003 and | ||
a fee of $12 on and after October
1, 2003, furnish to the | ||
person or agency so requesting a
driver's record. Such | ||
document may include a record of: current driver's
license | ||
issuance information, except that the information on | ||
judicial driving
permits shall be available only as | ||
otherwise provided by this Code;
convictions; orders |
entered revoking, suspending or cancelling a
driver's
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license or privilege; and notations of accident | ||
involvement. All other
information, unless otherwise | ||
permitted by
this Code, shall remain confidential. | ||
Information released pursuant to a
request for a driver's | ||
record shall not contain personally identifying
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information, unless the request for the driver's record was | ||
made for one of the
purposes set forth in subsection (f-5) | ||
of this Section. The Secretary of State may, without fee, | ||
allow a parent or guardian of a person under the age of 18 | ||
years, who holds an instruction permit or graduated | ||
driver's license, to view that person's driving record | ||
online, through a computer connection.
The parent or | ||
guardian's online access to the driving record will | ||
terminate when the instruction permit or graduated | ||
driver's license holder reaches the age of 18.
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2. The Secretary of State shall not disclose or | ||
otherwise make available
to any
person or
entity any highly | ||
restricted personal information obtained by the Secretary | ||
of
State in
connection with a driver's license, vehicle, or | ||
title
registration record
unless specifically
authorized | ||
by this Code. The Secretary of State may certify an | ||
abstract of a driver's record
upon written request | ||
therefor. Such certification
shall be made under the | ||
signature of the Secretary of State and shall be
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authenticated by the Seal of his office.
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3. All requests for driving record information shall be | ||
made in a manner
prescribed by the Secretary and shall set | ||
forth the intended use of the
requested information.
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The Secretary of State may notify the affected driver | ||
of the request
for purchase of his driver's record as the | ||
Secretary deems appropriate.
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No information shall be released to the requester until | ||
expiration of a
10 day period. This 10 day period shall not | ||
apply to requests for information
made by law enforcement | ||
officials, government agencies, financial institutions,
| ||
attorneys, insurers, employers, automobile associated | ||
businesses, persons
licensed as a private detective or | ||
firms licensed as a private detective agency
under the | ||
Private Detective, Private Alarm, Private Security, and | ||
Locksmith Act
of 2004,
who are employed by or are acting on | ||
behalf of law enforcement officials,
government agencies, | ||
financial institutions, attorneys, insurers, employers,
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automobile associated businesses, and other business | ||
entities for purposes
consistent with the Illinois Vehicle | ||
Code, the affected driver or other
entities as the | ||
Secretary may exempt by rule and regulation.
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Any misrepresentation made by a requestor of driver | ||
information shall
be punishable as a petty offense, except | ||
in the case of persons licensed as
a private detective or | ||
firms licensed as a private detective agency which shall
be | ||
subject to disciplinary sanctions under Section 40-10 of |
the Private
Detective, Private Alarm, Private Security, | ||
and Locksmith Act of 2004.
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4. The Secretary of State may furnish without fee, upon | ||
the written
request of a law enforcement agency, any | ||
information from a driver's
record on file with the | ||
Secretary of State when such information is required
in the | ||
enforcement of this Code or any other law relating to the | ||
operation
of motor vehicles, including records of | ||
dispositions; documented
information involving the use of | ||
a motor vehicle; whether such individual
has, or previously | ||
had, a driver's license; and the address and personal
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description as reflected on said driver's record.
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5. Except as otherwise provided in this Section, the | ||
Secretary of
State may furnish, without fee, information | ||
from an individual driver's
record on file, if a written | ||
request therefor is submitted
by any public transit system | ||
or authority, public defender, law enforcement
agency, a | ||
state or federal agency, or an Illinois local | ||
intergovernmental
association, if the request is for the | ||
purpose of a background check of
applicants for employment | ||
with the requesting agency, or for the purpose of
an | ||
official investigation conducted by the agency, or to | ||
determine a
current address for the driver so public funds | ||
can be recovered or paid to
the driver, or for any other | ||
purpose set forth in subsection (f-5)
of this Section.
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The Secretary may also furnish the courts a copy of an |
abstract of a
driver's record, without fee, subsequent to | ||
an arrest for a violation of
Section 11-501 or a similar | ||
provision of a local ordinance. Such abstract
may include | ||
records of dispositions; documented information involving
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the use of a motor vehicle as contained in the current | ||
file; whether such
individual has, or previously had, a | ||
driver's license; and the address and
personal description | ||
as reflected on said driver's record.
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6. Any certified abstract issued by the Secretary of | ||
State or
transmitted electronically by the Secretary of | ||
State pursuant to this
Section,
to a court or on request of | ||
a law enforcement agency, for the record of a
named person | ||
as to the status of the person's driver's license shall be
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prima facie evidence of the facts therein stated and if the | ||
name appearing
in such abstract is the same as that of a | ||
person named in an information or
warrant, such abstract | ||
shall be prima facie evidence that the person named
in such | ||
information or warrant is the same person as the person | ||
named in
such abstract and shall be admissible for any | ||
prosecution under this Code and
be admitted as proof of any | ||
prior conviction or proof of records, notices, or
orders | ||
recorded on individual driving records maintained by the | ||
Secretary of
State.
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7. Subject to any restrictions contained in the | ||
Juvenile Court Act of
1987, and upon receipt of a proper | ||
request and a fee of $6 before October 1,
2003 and a fee of |
$12 on or after October 1, 2003, the
Secretary of
State | ||
shall provide a driver's record to the affected driver, or | ||
the affected
driver's attorney, upon verification. Such | ||
record shall contain all the
information referred to in | ||
paragraph 1 of this subsection (g) plus: any
recorded | ||
accident involvement as a driver; information recorded | ||
pursuant to
subsection (e) of Section 6-117 and paragraph | ||
(4) of subsection (a) of
Section 6-204 of this Code. All | ||
other information, unless otherwise permitted
by this | ||
Code, shall remain confidential.
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(h) The Secretary shall not disclose social security | ||
numbers or any associated information obtained from the Social | ||
Security Administration except pursuant
to a written request | ||
by, or with the prior written consent of, the
individual | ||
except: (1) to officers and employees of the Secretary
who
have | ||
a need to know the social security numbers in performance of | ||
their
official duties, (2) to law enforcement officials for a | ||
lawful, civil or
criminal law enforcement investigation, and if | ||
the head of the law enforcement
agency has made a written | ||
request to the Secretary specifying the law
enforcement | ||
investigation for which the social security numbers are being
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sought, (3) to the United States Department of Transportation, | ||
or any other
State, pursuant to the administration and | ||
enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | ||
(4) pursuant to the order of a court
of competent jurisdiction, | ||
or (5) to the Department of Healthcare and Family Services |
(formerly Department of Public Aid ) for
utilization
in the | ||
child support enforcement duties assigned to that Department | ||
under
provisions of the Illinois Public Aid Code after the | ||
individual has received advanced
meaningful notification of | ||
what redisclosure is sought by the Secretary in
accordance with | ||
the federal Privacy Act.
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(i) (Blank).
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(j) Medical statements or medical reports received in the | ||
Secretary of
State's Office shall be confidential. No | ||
confidential information may be
open to public inspection or | ||
the contents disclosed to anyone, except
officers and employees | ||
of the Secretary who have a need to know the information
| ||
contained in the medical reports and the Driver License Medical | ||
Advisory
Board, unless so directed by an order of a court of | ||
competent jurisdiction.
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(k) All fees collected under this Section shall be paid | ||
into the Road
Fund of the State Treasury, except that (i) for | ||
fees collected before October
1, 2003, $3 of the $6 fee for a
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driver's record shall be paid into the Secretary of State | ||
Special Services
Fund, (ii) for fees collected on and after | ||
October 1, 2003, of the $12 fee
for a driver's record, $3 shall | ||
be paid into the Secretary of State Special
Services Fund and | ||
$6 shall be paid into the General Revenue Fund, and (iii) for
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fees collected on and after October 1, 2003, 50% of the amounts | ||
collected
pursuant to subsection (b) shall be paid into the | ||
General Revenue Fund.
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(l) (Blank).
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(m) Notations of accident involvement that may be disclosed | ||
under this
Section shall not include notations relating to | ||
damage to a vehicle or other
property being transported by a | ||
tow truck. This information shall remain
confidential, | ||
provided that nothing in this subsection (m) shall limit
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disclosure of any notification of accident involvement to any | ||
law enforcement
agency or official.
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(n) Requests made by the news media for driver's license, | ||
vehicle, or
title registration information may be furnished | ||
without charge or at a reduced
charge, as determined by the | ||
Secretary, when the specific purpose for
requesting the | ||
documents is deemed to be in the public interest. Waiver or
| ||
reduction of the fee is in the public interest if the principal | ||
purpose of the
request is to access and disseminate information | ||
regarding the health, safety,
and welfare or the legal rights | ||
of the general public and is not for the
principal purpose of | ||
gaining a personal or commercial benefit.
The information | ||
provided pursuant to this subsection shall not contain
| ||
personally identifying information unless the information is | ||
to be used for one
of the
purposes identified in subsection | ||
(f-5) of this Section.
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(o) The redisclosure of personally identifying information
| ||
obtained
pursuant
to this Section is prohibited, except to the | ||
extent necessary to effectuate the
purpose
for which the | ||
original disclosure of the information was permitted.
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(p) The Secretary of State is empowered to adopt rules
to
| ||
effectuate this Section.
| ||
(Source: P.A. 93-32, eff. 7-1-03; 93-438, eff. 8-5-03; 93-895, | ||
eff. 1-1-05; 94-56, eff. 6-17-05; revised 12-15-05.)
| ||
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||
Sec. 6-204. When Court to forward License and Reports.
| ||
(a) For the purpose of providing to the Secretary of State | ||
the records
essential to the performance of the Secretary's | ||
duties under this Code to
cancel, revoke or suspend the | ||
driver's license and privilege to drive motor
vehicles of | ||
certain minors adjudicated truant minors in need of | ||
supervision,
addicted, or delinquent and of persons
found | ||
guilty of the criminal offenses or traffic violations
which | ||
this Code recognizes as evidence relating to unfitness to | ||
safely operate
motor vehicles, the following duties are imposed | ||
upon public officials:
| ||
(1) Whenever any person is convicted of any offense for | ||
which
this
Code makes mandatory the cancellation or | ||
revocation of the driver's
license or permit of such person | ||
by the Secretary of State, the judge of the
court in which | ||
such conviction is had shall require the surrender to the | ||
clerk
of the court of all driver's licenses or permits then | ||
held by the person so
convicted, and the clerk of the court | ||
shall, within 5 days thereafter, forward
the same, together | ||
with a report of such conviction, to the Secretary.
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(2) Whenever any person is convicted of any offense | ||
under this
Code or
similar offenses under a municipal | ||
ordinance, other than regulations
governing standing, | ||
parking or weights of vehicles, and excepting the
following | ||
enumerated Sections of this Code: Sections 11-1406 | ||
(obstruction
to driver's view or control), 11-1407 | ||
(improper opening of door into
traffic), 11-1410 (coasting | ||
on downgrade), 11-1411 (following fire
apparatus), | ||
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||
vehicle which is in unsafe condition or improperly | ||
equipped), 12-201(a)
(daytime lights on motorcycles), | ||
12-202 (clearance, identification and
side marker lamps), | ||
12-204 (lamp or flag on projecting load), 12-205
(failure | ||
to display the safety lights required), 12-401 | ||
(restrictions as
to tire equipment), 12-502 (mirrors), | ||
12-503 (windshields must be
unobstructed and equipped with | ||
wipers), 12-601 (horns and warning
devices), 12-602 | ||
(mufflers, prevention of noise or smoke), 12-603 (seat
| ||
safety belts), 12-702 (certain vehicles to carry flares or | ||
other warning
devices), 12-703 (vehicles for oiling roads | ||
operated on highways),
12-710 (splash guards and | ||
replacements), 13-101 (safety tests), 15-101
(size, weight | ||
and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||
and address on second division vehicles), 15-107 (length of | ||
vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||
15-112 (weights), 15-301
(weights), 15-316 (weights), |
15-318 (weights), and also excepting the following
| ||
enumerated Sections of the Chicago Municipal Code: | ||
Sections 27-245 (following
fire apparatus), 27-254 | ||
(obstruction of traffic), 27-258 (driving vehicle which
is | ||
in unsafe condition), 27-259 (coasting on downgrade), | ||
27-264 (use of horns
and signal devices), 27-265 | ||
(obstruction to driver's view or driver mechanism),
27-267 | ||
(dimming of headlights), 27-268 (unattended motor | ||
vehicle), 27-272
(illegal funeral procession), 27-273 | ||
(funeral procession on boulevard), 27-275
(driving freight | ||
hauling vehicles on boulevard), 27-276 (stopping and | ||
standing
of buses or taxicabs), 27-277 (cruising of public | ||
passenger vehicles), 27-305
(parallel parking), 27-306 | ||
(diagonal parking), 27-307 (parking not to obstruct
| ||
traffic), 27-308 (stopping, standing or parking | ||
regulated), 27-311 (parking
regulations), 27-312 (parking | ||
regulations), 27-313 (parking regulations),
27-314 | ||
(parking regulations), 27-315 (parking regulations), | ||
27-316 (parking
regulations), 27-317 (parking | ||
regulations), 27-318 (parking regulations),
27-319 | ||
(parking regulations), 27-320 (parking regulations), | ||
27-321 (parking
regulations), 27-322 (parking | ||
regulations), 27-324 (loading and
unloading at an angle), | ||
27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||
the downtown district), 27-335 (load restrictions in
| ||
residential areas), 27-338 (width of vehicles), 27-339 |
(height of
vehicles), 27-340 (length of vehicles), 27-352 | ||
(reflectors on trailers),
27-353 (mufflers), 27-354 | ||
(display of plates), 27-355 (display of city
vehicle tax | ||
sticker), 27-357 (identification of vehicles), 27-358
| ||
(projecting of loads), and also excepting the following | ||
enumerated
paragraphs of Section 2-201 of the Rules and | ||
Regulations of the Illinois
State Toll Highway Authority: | ||
(l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||
transporting dangerous cargo not properly indicated), it
| ||
shall be the duty of the clerk of the court in which such | ||
conviction is
had within 5 days thereafter to forward to | ||
the Secretary of State a report of
the conviction and the | ||
court may recommend the suspension of the driver's
license | ||
or permit of the person so convicted.
| ||
The reporting requirements of this subsection shall apply | ||
to all
violations stated in paragraphs (1) and (2) of this
| ||
subsection when the
individual has been adjudicated under the | ||
Juvenile Court Act or the
Juvenile Court Act of 1987. Such | ||
reporting requirements shall also apply to
individuals | ||
adjudicated under the Juvenile Court Act or the Juvenile Court | ||
Act
of 1987 who have committed a violation of Section 11-501 of | ||
this Code, or
similar provision of a local ordinance, or | ||
Section 9-3 of the Criminal Code
of 1961, as amended, relating | ||
to the offense of reckless homicide.
The reporting requirements | ||
of this subsection shall also apply to
a truant minor in need | ||
of supervision, an addicted
minor, or a delinquent minor and |
whose driver's license and privilege to
drive a motor vehicle | ||
has been ordered suspended for such times as determined
by the | ||
Court, but only until he or she attains
18 years of age. It | ||
shall be the duty of the clerk of the court in which
| ||
adjudication is had within 5 days thereafter to forward to the | ||
Secretary of
State a report of the adjudication and the court | ||
order requiring the Secretary
of State to suspend the minor's | ||
driver's license and driving privilege for such
time as | ||
determined by the Court, but only until he or she attains the | ||
age of 18
years. All juvenile court dispositions reported to | ||
the Secretary of State
under this provision shall be processed | ||
by the Secretary of State as if the
cases had been adjudicated | ||
in traffic or criminal court. However, information
reported | ||
relative to the offense of reckless homicide, or Section 11-501 | ||
of
this Code, or a similar provision of a local ordinance, | ||
shall be privileged
and available only to the Secretary of | ||
State, courts, and police officers.
| ||
The reporting requirements of this subsection (a) | ||
apply to all violations listed in paragraphs (1) and (2) of | ||
this subsection (a), excluding parking violations, when | ||
the driver holds a CDL, regardless of the type of vehicle | ||
in which the violation occurred, or when any driver | ||
committed the violation in a commercial motor vehicle as | ||
defined in Section 6-500 of this Code.
| ||
(3) Whenever an order is entered vacating the | ||
forfeiture of any
bail,
security or bond given to secure |
appearance for any offense under this
Code or similar | ||
offenses under municipal ordinance, it shall be the duty
of | ||
the clerk of the court in which such vacation was had or | ||
the judge of
such court if such court has no clerk, within | ||
5 days thereafter to
forward to the Secretary of State a | ||
report of the vacation.
| ||
(4) A report of any disposition of court supervision | ||
for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||
similar provision of a local ordinance,
11-503 and 11-504 | ||
shall be forwarded to the Secretary of State.
A report of | ||
any disposition of court supervision for a violation of an | ||
offense
defined as a serious traffic violation in this Code | ||
or a similar provision of a
local ordinance committed by a | ||
person under the age of 21 years shall be
forwarded to the | ||
Secretary of State.
| ||
(5) Reports of conviction
under this Code
and | ||
sentencing hearings under the
Juvenile Court
Act of 1987 in | ||
an electronic format
or a computer processible medium
shall
| ||
be
forwarded to the Secretary of State via the Supreme | ||
Court in the form and
format required by the Illinois | ||
Supreme Court and established by a written
agreement | ||
between the Supreme Court and the Secretary of State.
In | ||
counties with a population over 300,000, instead of | ||
forwarding reports to
the Supreme Court, reports of | ||
conviction
under this Code
and sentencing hearings under | ||
the
Juvenile Court Act of 1987 in an electronic format
or a |
computer processible medium
may
be forwarded to the | ||
Secretary of State by the Circuit Court Clerk in a form and
| ||
format required by the Secretary of State and established | ||
by written agreement
between the Circuit Court Clerk and | ||
the Secretary of State. Failure to
forward the reports of | ||
conviction or sentencing hearing under the Juvenile
Court | ||
Act of 1987 as required by this Section shall be
deemed an | ||
omission of duty and it shall be the duty of the several | ||
State's
Attorneys to enforce the requirements of this | ||
Section.
| ||
(b) Whenever a restricted driving permit is forwarded to a | ||
court, as a
result of confiscation by a police officer pursuant | ||
to the authority in
Section 6-113(f), it shall be the duty of | ||
the clerk, or judge, if the court
has no clerk, to forward such | ||
restricted driving permit and a facsimile of
the officer's | ||
citation to the Secretary of State as expeditiously as
| ||
practicable.
| ||
(c) For the purposes of this Code, a forfeiture of bail or | ||
collateral
deposited to secure a defendant's appearance in | ||
court when forfeiture
has not been vacated, or the failure of a | ||
defendant to appear for trial
after depositing his driver's | ||
license in lieu of other bail, shall be
equivalent to a | ||
conviction.
| ||
(d) For the purpose of providing the Secretary of State | ||
with records
necessary to properly monitor and assess driver | ||
performance and assist the
courts in the proper disposition of |
repeat traffic law offenders, the clerk
of the court shall | ||
forward to the Secretary of State,
on a form prescribed
by the | ||
Secretary, records of a driver's participation in a driver | ||
remedial
or rehabilitative program which was required, through | ||
a court order or court
supervision, in relation to the driver's | ||
arrest for a violation of Section
11-501 of this Code or a | ||
similar provision of a local ordinance.
The clerk of the court | ||
shall also forward to the Secretary, either on
paper or in an | ||
electronic format or a computer processible medium as required
| ||
under paragraph (5) of subsection (a) of this Section, any | ||
disposition
of court supervision for any traffic violation,
| ||
excluding those offenses listed in paragraph (2)
of subsection | ||
(a) of this Section.
These reports
shall be sent within 5
days | ||
after disposition, or, if
the driver is
referred to a driver
| ||
remedial or rehabilitative program, within 5 days of the | ||
driver's referral
to that program.
These reports received by | ||
the Secretary of State, including those required to
be | ||
forwarded under paragraph (a)(4), shall be privileged | ||
information, available
only (i) to the affected driver , (ii) to | ||
the parent or guardian of a person under the age of 18 years | ||
holding an instruction permit or a graduated driver's license, | ||
and (iii)
(ii) for use by the courts, police
officers, | ||
prosecuting authorities, and the Secretary of State. In | ||
accordance with 49 C.F.R. Part 384, all reports of court | ||
supervision, except violations related to parking, shall be | ||
forwarded to the Secretary of State for all holders of a CDL or |
any driver who commits an offense while driving a commercial | ||
motor vehicle. These reports shall be recorded to the driver's | ||
record as a conviction for use in the disqualification of the | ||
driver's commercial motor vehicle privileges and shall not be | ||
privileged information.
| ||
(Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06.)
| ||
(625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
| ||
Sec. 11-501.1. Suspension of drivers license; statutory | ||
summary
alcohol, other drug or drugs, or intoxicating compound | ||
or
compounds related suspension; implied consent.
| ||
(a) Any person who drives or is in actual physical control | ||
of a motor
vehicle upon the public highways of this State shall | ||
be deemed to have given
consent, subject to the provisions of | ||
Section 11-501.2, to a chemical test or
tests of blood, breath, | ||
or urine for the purpose of determining the content of
alcohol, | ||
other drug or drugs, or intoxicating compound or compounds or
| ||
any combination thereof in the person's blood if arrested,
as | ||
evidenced by the issuance of a Uniform Traffic Ticket, for any | ||
offense
as defined in Section 11-501 or a similar provision of | ||
a local ordinance, or if arrested for violating Section 11-401.
| ||
The test or tests shall be administered at the direction of the | ||
arresting
officer. The law enforcement agency employing the | ||
officer shall designate which
of the aforesaid tests shall be | ||
administered. A urine test may be administered
even after a | ||
blood or breath test or both has
been administered. For |
purposes of this Section, an Illinois law
enforcement officer | ||
of this State who is investigating the person for any
offense | ||
defined in Section 11-501 may travel into an adjoining state, | ||
where
the person has been transported for medical care, to | ||
complete an
investigation and to request that the person submit | ||
to the test or tests
set forth in this Section. The | ||
requirements of this Section that the
person be arrested are | ||
inapplicable, but the officer shall issue the person
a Uniform | ||
Traffic Ticket for an offense as defined in Section 11-501 or a
| ||
similar provision of a local ordinance prior to requesting that | ||
the person
submit to the test or tests. The issuance of the | ||
Uniform Traffic Ticket
shall not constitute an arrest, but | ||
shall be for the purpose of notifying
the person that he or she | ||
is subject to the provisions of this Section and
of the | ||
officer's belief of the existence of probable cause to
arrest. | ||
Upon returning to this State, the officer shall file the | ||
Uniform
Traffic Ticket with the Circuit Clerk of the county | ||
where the offense was
committed, and shall seek the issuance of | ||
an arrest warrant or a summons
for the person.
| ||
(b) Any person who is dead, unconscious, or who is | ||
otherwise in a condition
rendering the person incapable of | ||
refusal, shall be deemed not to have
withdrawn the consent | ||
provided by paragraph (a) of this Section and the test or
tests | ||
may be administered, subject to the provisions of Section | ||
11-501.2.
| ||
(c) A person requested to submit to a test as provided |
above shall
be warned by the law enforcement officer requesting | ||
the test that a
refusal to submit to the test will result in | ||
the statutory summary
suspension of the person's privilege to | ||
operate a motor vehicle as provided
in Section 6-208.1 of this | ||
Code. The person shall also be warned by the law
enforcement | ||
officer that if the person submits to the test or tests
| ||
provided in paragraph (a) of this Section and the alcohol | ||
concentration in
the person's blood or breath is 0.08 or | ||
greater, or any amount of
a
drug, substance, or compound | ||
resulting from the unlawful use or consumption
of cannabis as | ||
covered by the Cannabis Control Act, a controlled
substance
| ||
listed in the Illinois Controlled Substances Act, or an | ||
intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act is detected in the person's
blood or urine, a | ||
statutory summary suspension of the person's privilege to
| ||
operate a motor vehicle, as provided in Sections 6-208.1 and | ||
11-501.1 of this
Code, will be imposed.
| ||
A person who is under the age of 21 at the time the person | ||
is requested to
submit to a test as provided above shall, in | ||
addition to the warnings provided
for in this Section, be | ||
further warned by the law enforcement officer
requesting the | ||
test that if the person submits to the test or tests provided | ||
in
paragraph (a) of this Section and the alcohol concentration | ||
in the person's
blood or breath is greater than 0.00 and less | ||
than 0.08, a
suspension of the
person's privilege to operate a | ||
motor vehicle, as provided under Sections
6-208.2 and 11-501.8 |
of this Code, will be imposed. The results of this test
shall | ||
be admissible in a civil or criminal action or proceeding | ||
arising from an
arrest for an offense as defined in Section | ||
11-501 of this Code or a similar
provision of a local ordinance | ||
or pursuant to Section 11-501.4 in prosecutions
for reckless | ||
homicide brought under the Criminal Code of 1961. These test
| ||
results, however, shall be admissible only in actions or | ||
proceedings directly
related to the incident upon which the | ||
test request was made.
| ||
(d) If the person refuses testing or submits to a test that | ||
discloses
an alcohol concentration of 0.08 or more, or any | ||
amount of a drug,
substance, or intoxicating compound in the | ||
person's breath, blood,
or urine resulting from the
unlawful | ||
use or consumption of cannabis listed in the Cannabis Control | ||
Act, a controlled substance listed in the Illinois Controlled | ||
Substances
Act, or an intoxicating compound listed in the Use | ||
of Intoxicating Compounds
Act, the law enforcement officer | ||
shall immediately submit a sworn report to
the
circuit court of | ||
venue and the Secretary of State, certifying that the test or
| ||
tests was or were requested under paragraph (a) and the person | ||
refused to
submit to a test, or tests, or submitted to testing | ||
that disclosed an alcohol
concentration of 0.08 or more.
| ||
(e) Upon receipt of the sworn report of a law enforcement | ||
officer
submitted under paragraph (d), the Secretary of State | ||
shall enter the
statutory summary suspension for the periods | ||
specified in Section 6-208.1,
and effective as provided in |
paragraph (g).
| ||
If the person is a first offender as defined in Section | ||
11-500 of this
Code, and is not convicted of a violation of | ||
Section 11-501
of this Code or a similar provision of a local | ||
ordinance, then reports
received by the Secretary of State | ||
under this Section shall, except during
the actual time the | ||
Statutory Summary Suspension is in effect, be
privileged | ||
information and for use only by the courts, police officers,
| ||
prosecuting authorities or the Secretary of State. Reports | ||
received by the Secretary of State under this Section shall | ||
also be made available to the parent or guardian of a person | ||
under the age of 18 years that holds an instruction permit or a | ||
graduated driver's license, regardless of whether the | ||
statutory summary suspension is in effect.
| ||
(f) The law enforcement officer submitting the sworn report | ||
under paragraph
(d) shall serve immediate notice of the | ||
statutory summary suspension on the
person and the suspension | ||
shall be effective as provided in paragraph (g). In
cases where | ||
the blood alcohol concentration of 0.08 or greater or
any | ||
amount of
a drug, substance, or compound resulting from the | ||
unlawful use or consumption
of cannabis as covered by the | ||
Cannabis Control Act, a controlled
substance
listed in the | ||
Illinois Controlled Substances Act, or an intoxicating | ||
compound
listed in the Use of Intoxicating Compounds Act is | ||
established by a
subsequent
analysis of blood or urine | ||
collected at the time of arrest, the arresting
officer or |
arresting agency shall give notice as provided in this Section | ||
or by
deposit in the United States mail of the notice in an | ||
envelope with postage
prepaid and addressed to the person at | ||
his address as shown on the Uniform
Traffic Ticket and the | ||
statutory summary suspension shall begin as provided in
| ||
paragraph (g). The officer shall confiscate any Illinois | ||
driver's license or
permit on the person at the time of arrest. | ||
If the person has a valid driver's
license or permit, the | ||
officer shall issue the person a receipt, in
a form prescribed | ||
by the Secretary of State, that will allow that person
to drive | ||
during the periods provided for in paragraph (g). The officer
| ||
shall immediately forward the driver's license or permit to the | ||
circuit
court of venue along with the sworn report provided for | ||
in
paragraph (d).
| ||
(g) The statutory summary suspension referred to in this | ||
Section shall
take effect on the 46th day following the date | ||
the notice of the statutory
summary suspension was given to the | ||
person.
| ||
(h) The following procedure shall apply
whenever a person | ||
is arrested for any offense as defined in Section 11-501
or a | ||
similar provision of a local ordinance:
| ||
Upon receipt of the sworn report from the law enforcement | ||
officer,
the Secretary of State shall confirm the statutory | ||
summary suspension by
mailing a notice of the effective date of | ||
the suspension to the person and
the court of venue. However, | ||
should the sworn report be defective by not
containing |
sufficient information or be completed in error, the
| ||
confirmation of the statutory summary suspension shall not be | ||
mailed to the
person or entered to the record; instead, the | ||
sworn report shall
be
forwarded to the court of venue with a | ||
copy returned to the issuing agency
identifying any defect.
| ||
(Source: P.A. 94-115, eff. 1-1-06.)
| ||
(625 ILCS 5/11-501.8)
| ||
Sec. 11-501.8. Suspension of driver's license; persons | ||
under age 21.
| ||
(a) A person who is less than 21 years of age and who | ||
drives or
is in actual physical control of a motor vehicle upon | ||
the
public highways of this State shall be deemed to have given | ||
consent to a
chemical test or tests of blood, breath, or urine | ||
for the purpose of
determining the alcohol content of the | ||
person's blood if arrested, as evidenced
by the issuance of a | ||
Uniform Traffic Ticket for any violation of the Illinois
| ||
Vehicle Code or a similar provision of a local ordinance, if a | ||
police officer
has probable cause to believe that the driver | ||
has consumed any amount of an
alcoholic beverage based upon | ||
evidence of the driver's physical condition or
other first hand | ||
knowledge of the police officer. The test or tests shall be
| ||
administered at the direction of the arresting officer. The law | ||
enforcement
agency employing the officer shall designate which | ||
of the aforesaid tests shall
be administered. A urine test may | ||
be administered even after a blood or
breath test or both has |
been administered.
| ||
(b) A person who is dead, unconscious, or who is otherwise | ||
in a condition
rendering that person incapable of refusal, | ||
shall be deemed not to have
withdrawn the consent provided by | ||
paragraph (a) of this Section and the test or
tests may be | ||
administered subject to the following provisions:
| ||
(i) Chemical analysis of the person's blood, urine, | ||
breath, or
other bodily substance, to be considered valid | ||
under the provisions of this
Section, shall have been | ||
performed according to standards promulgated by the | ||
Department of State
Police
by an individual possessing a | ||
valid permit issued by that Department for this
purpose. | ||
The Director of State Police is authorized to approve | ||
satisfactory
techniques or methods, to ascertain the | ||
qualifications and competence of
individuals to conduct | ||
analyses, to issue permits that shall be subject to
| ||
termination or revocation at the direction of that | ||
Department, and to certify
the accuracy of breath testing | ||
equipment. The Department of
State Police shall prescribe | ||
regulations as necessary.
| ||
(ii) When a person submits to a blood test at the | ||
request of a law
enforcement officer under the provisions | ||
of this Section, only a physician
authorized to practice | ||
medicine, a registered nurse, or other qualified person
| ||
trained in venipuncture and acting under the direction of a | ||
licensed physician
may withdraw blood for the purpose of |
determining the alcohol content therein.
This limitation | ||
does not apply to the taking of breath or urine specimens.
| ||
(iii) The person tested may have a physician, qualified | ||
technician,
chemist, registered nurse, or other qualified | ||
person of his or her own choosing
administer a chemical | ||
test or tests in addition to any test or tests
administered | ||
at the direction of a law enforcement officer. The failure | ||
or
inability to obtain an additional test by a person shall | ||
not preclude the
consideration of the previously performed | ||
chemical test.
| ||
(iv) Upon a request of the person who submits to a | ||
chemical test or
tests at the request of a law enforcement | ||
officer, full information concerning
the test or tests | ||
shall be made available to the person or that person's
| ||
attorney.
| ||
(v) Alcohol concentration means either grams of | ||
alcohol per 100
milliliters of blood or grams of alcohol | ||
per 210 liters of breath.
| ||
(vi) If a driver is receiving medical treatment as a | ||
result of a motor
vehicle accident, a physician licensed to | ||
practice medicine, registered nurse,
or other qualified | ||
person trained in venipuncture and
acting under the | ||
direction of a licensed physician shall
withdraw blood for | ||
testing purposes to ascertain the presence of alcohol upon
| ||
the specific request of a law enforcement officer. However, | ||
that testing
shall not be performed until, in the opinion |
of the medical personnel on scene,
the withdrawal can be | ||
made without interfering with or endangering the
| ||
well-being of the patient.
| ||
(c) A person requested to submit to a test as provided | ||
above shall be warned
by the law enforcement officer requesting | ||
the test that a refusal to submit to
the test, or submission to | ||
the test resulting in an alcohol concentration of
more than | ||
0.00, may result in the loss of that person's privilege to | ||
operate a
motor vehicle. The loss of driving privileges shall | ||
be imposed in accordance
with Section 6-208.2 of this Code.
| ||
(d) If the person refuses testing or submits to a test that | ||
discloses an
alcohol concentration of more than 0.00, the law | ||
enforcement officer shall
immediately submit a sworn report to | ||
the Secretary of State on a form
prescribed by the Secretary of | ||
State, certifying that the test or tests were
requested under | ||
subsection (a) and the person refused to submit to a test
or | ||
tests or submitted to testing which disclosed an alcohol | ||
concentration of
more than 0.00. The law enforcement officer | ||
shall submit the same sworn report
when a person under the age | ||
of 21 submits to testing under Section
11-501.1 of this Code | ||
and the testing discloses an alcohol concentration of
more than | ||
0.00 and less than 0.08.
| ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall enter the driver's | ||
license sanction on the individual's driving
record and the | ||
sanctions shall be effective on the 46th day following the date
|
notice of the sanction was given to the person. If this | ||
sanction is the
individual's first driver's license suspension | ||
under this Section, reports
received by the Secretary of State | ||
under this Section shall, except during the
time the suspension | ||
is in effect, be privileged information and for use only by
the | ||
courts, police officers, prosecuting authorities, the | ||
Secretary of State,
or the individual personally. Reports | ||
received by the Secretary of State under this Section shall | ||
also be made available to the parent or guardian of a person | ||
under the age of 18 years that holds an instruction permit or a | ||
graduated driver's license, regardless of whether the | ||
suspension is in effect.
| ||
The law enforcement officer submitting the sworn report | ||
shall serve immediate
notice of this driver's license sanction | ||
on the person and the sanction shall
be effective on the 46th | ||
day following the date notice was given.
| ||
In cases where the blood alcohol concentration of more than | ||
0.00 is
established by a subsequent analysis of blood or urine, | ||
the police officer or
arresting agency shall give notice as | ||
provided in this Section or by deposit
in the United States | ||
mail of that notice in an envelope with postage prepaid
and | ||
addressed to that person at his last known address and the loss | ||
of driving
privileges shall be effective on the 46th day | ||
following the date notice was
given.
| ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall also give notice of the |
driver's license sanction to the driver
by mailing a notice of | ||
the effective date of the sanction to the individual.
However, | ||
should the sworn report be defective by not containing | ||
sufficient
information or be completed in error, the notice of | ||
the driver's license
sanction may not be mailed to the person | ||
or entered to the driving record,
but rather the sworn report | ||
shall be returned to the issuing law enforcement
agency.
| ||
(e) A driver may contest this driver's license sanction by | ||
requesting an
administrative hearing with the Secretary of | ||
State in accordance with Section
2-118 of this Code. An | ||
individual whose blood alcohol concentration is shown
to be | ||
more than 0.00 is not subject to this Section if he or she | ||
consumed
alcohol in the performance of a religious service or | ||
ceremony. An individual
whose blood alcohol concentration is | ||
shown to be more than 0.00 shall not be
subject to this Section | ||
if the individual's blood alcohol concentration
resulted only | ||
from ingestion of the prescribed or recommended dosage of
| ||
medicine that contained alcohol. The petition for that hearing | ||
shall not stay
or delay the effective date of the impending | ||
suspension. The scope of this
hearing shall be limited to the | ||
issues of:
| ||
(1) whether the police officer had probable cause to | ||
believe that the
person was driving or in actual physical | ||
control of a motor vehicle upon the
public highways of the | ||
State and the police officer had reason to believe that
the | ||
person was in violation of any provision of the Illinois |
Vehicle Code or a
similar provision of a local ordinance; | ||
and
| ||
(2) whether the person was issued a Uniform Traffic | ||
Ticket for any
violation of the Illinois Vehicle Code or a | ||
similar provision of a local
ordinance; and
| ||
(3) whether the police officer had probable cause to | ||
believe that the
driver
had consumed any amount of an | ||
alcoholic beverage based upon the driver's
physical | ||
actions or other first-hand knowledge of the police | ||
officer; and
| ||
(4) whether the person, after being advised by the | ||
officer that the
privilege to operate a motor vehicle would | ||
be suspended if the person refused
to submit to and | ||
complete the test or tests, did refuse to submit to or
| ||
complete the test or tests to determine the person's | ||
alcohol concentration;
and
| ||
(5) whether the person, after being advised by the | ||
officer that the
privileges to operate a motor vehicle | ||
would be suspended if the person submits
to a chemical test | ||
or tests and the test or tests disclose an alcohol
| ||
concentration of more than 0.00, did submit to and
complete | ||
the
test or tests that determined an alcohol concentration | ||
of more than 0.00; and
| ||
(6) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol in the performance of a
religious service or |
ceremony; and
| ||
(7) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol through ingestion of the
prescribed or | ||
recommended dosage of medicine.
| ||
Provided that the petitioner may subpoena the officer, the | ||
hearing may be
conducted upon a review of the law enforcement | ||
officer's own official reports.
Failure of the officer to | ||
answer the subpoena shall be grounds for a
continuance if, in | ||
the hearing officer's discretion, the continuance is
| ||
appropriate. At the conclusion of the hearing held under | ||
Section 2-118 of
this Code, the Secretary of State may rescind, | ||
continue, or modify the driver's
license sanction. If the | ||
Secretary of State does not rescind the sanction, a
restricted | ||
driving permit may be granted by the Secretary of State upon
| ||
application being made and good cause shown. A restricted | ||
driving permit may be
granted to relieve undue hardship by | ||
allowing driving for employment,
educational, and medical | ||
purposes as outlined in item (3) of part (c) of
Section 6-206 | ||
of this Code. The provisions of item (3) of part (c) of Section
| ||
6-206 of this Code and of subsection (f) of that Section shall | ||
apply. The Secretary of State shall promulgate rules
providing | ||
for participation in an alcohol education and awareness program | ||
or
activity, a drug education and awareness program or | ||
activity, or both as a
condition to the issuance of a | ||
restricted driving permit for suspensions
imposed under this |
Section.
| ||
(f) The results of any chemical testing performed in | ||
accordance with
subsection (a) of this Section are not | ||
admissible in any civil or criminal
proceeding, except that the | ||
results of the testing may be considered at a
hearing held | ||
under Section 2-118 of this Code. However, the results of
the | ||
testing may not be used to impose driver's license sanctions | ||
under
Section 11-501.1 of this Code. A law enforcement officer | ||
may, however, pursue
a statutory summary suspension of driving | ||
privileges under Section 11-501.1 of
this Code if other | ||
physical evidence or first hand knowledge forms the basis
of | ||
that suspension.
| ||
(g) This Section applies only to drivers who are under
age | ||
21 at the time of the issuance of a Uniform Traffic Ticket for | ||
a
violation of the Illinois Vehicle Code or a similar provision | ||
of a local
ordinance, and a chemical test request is made under | ||
this Section.
| ||
(h) The action of the Secretary of State in suspending, | ||
revoking, or
denying any license, permit, registration, or | ||
certificate of title shall be
subject to judicial review in the | ||
Circuit Court of Sangamon County or in the
Circuit Court of | ||
Cook County, and the provisions of the Administrative Review
| ||
Law and its rules are hereby adopted and shall apply to and | ||
govern every action
for the judicial review of final acts or | ||
decisions of the Secretary of State
under this Section.
| ||
(Source: P.A. 94-307, eff. 9-30-05.)
|
Section 99. Effective date. This Act takes effect January | ||
1, 2008.
|