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Public Act 098-1172 | ||||
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AN ACT concerning regulation.
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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 Compassionate Use of Medical Cannabis Pilot | ||||
Program Act is amended by changing Sections 15, 35, 65, 95, | ||||
105, 110, 115, 120, 140, 145, 150, 165, 175, and 185 as | ||||
follows: | ||||
(410 ILCS 130/15) | ||||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 15. Authority.
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(a) It is the duty of the Department of Public Health to | ||||
enforce the following provisions of this Act unless otherwise | ||||
provided for by this Act: | ||||
(1) establish and maintain a confidential registry of | ||||
qualifying patients authorized to engage in the medical use | ||||
of cannabis and their caregivers;
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(2) distribute educational materials about the health | ||||
risks associated with the abuse of cannabis and | ||||
prescription medications;
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(3) adopt rules to administer the patient and caregiver | ||||
registration program; and
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(4) adopt rules establishing food handling | ||||
requirements for cannabis-infused products that are |
prepared for human consumption.
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(b) It is the duty of the Department of Agriculture to | ||
enforce the provisions of this Act relating to the registration | ||
and oversight of cultivation centers unless otherwise provided | ||
for in this Act.
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(c) It is the duty of the Department of Financial and | ||
Professional Regulation to enforce the provisions of this Act | ||
relating to the registration and oversight of dispensing | ||
organizations unless otherwise provided for in this Act.
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(d) The Department of Public Health, the Department of | ||
Agriculture, or the Department of Financial and Professional | ||
Regulation shall enter into intergovernmental agreements, as | ||
necessary, to carry out the provisions of this Act including, | ||
but not limited to, the provisions relating to the registration | ||
and oversight of cultivation centers, dispensing | ||
organizations, and qualifying patients and caregivers.
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(e) The Department of Public Health, Department of | ||
Agriculture, or the Department of Financial and Professional | ||
Regulation may suspend , or revoke , or impose other penalties | ||
upon a registration for violations of this Act and any rules | ||
adopted in accordance thereto. The suspension or revocation of , | ||
or imposition of any other penalty upon, a registration is a | ||
final Agency action, subject to judicial review. Jurisdiction | ||
and venue for judicial review are vested in the Circuit Court.
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(Source: P.A. 98-122, eff. 1-1-14.) |
(410 ILCS 130/35) | ||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 35. Physician requirements.
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(a) A physician who certifies a debilitating medical | ||
condition for a qualifying patient shall comply with all of the | ||
following requirements:
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(1) The Physician shall be currently licensed under the | ||
Medical Practice Act of 1987 to practice medicine in all | ||
its branches and in good standing, and must hold a | ||
controlled substances license under Article III of the | ||
Illinois Controlled Substances Act.
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(2) A physician making a medical cannabis | ||
recommendation shall comply with generally accepted | ||
standards of medical practice, the provisions of the | ||
Medical Practice Act of 1987 and all applicable rules.
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(3) The physical examination required by this Act may | ||
not be performed by remote means, including telemedicine.
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(4) The physician shall maintain a record-keeping | ||
system for all patients for whom the physician has | ||
recommended the medical use of cannabis. These records | ||
shall be accessible to and subject to review by the | ||
Department of Public Health and the Department of Financial | ||
and Professional Regulation upon request.
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(b) A physician may not:
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(1) accept, solicit, or offer any form of remuneration | ||
from or to a qualifying patient, primary caregiver, |
cultivation center, or dispensing organization, including | ||
each principal officer, board member, agent, and employee , | ||
to certify a patient, other than accepting payment from a | ||
patient for the fee associated with the required | ||
examination required prior to certifying a qualifying | ||
patient ; | ||
(2) offer a discount of any other item of value to a | ||
qualifying patient who uses or agrees to use a particular | ||
primary caregiver or dispensing organization to obtain | ||
medical cannabis;
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(3) conduct a personal physical examination of a | ||
patient for purposes of diagnosing a debilitating medical | ||
condition at a location where medical cannabis is sold or | ||
distributed or at the address of a principal officer, | ||
agent, or employee or a medical cannabis organization;
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(4) hold a direct or indirect economic interest in a | ||
cultivation center or dispensing organization if he or she | ||
recommends the use of medical cannabis to qualified | ||
patients or is in a partnership or other fee or | ||
profit-sharing relationship with a physician who | ||
recommends medical cannabis , except for the limited | ||
purpose of performing a medical cannabis related research | ||
study ;
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(5) serve on the board of directors or as an employee | ||
of a cultivation center or dispensing organization;
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(6) refer patients to a cultivation center, a |
dispensing organization, or a registered designated | ||
caregiver;
or | ||
(7) advertise in a cultivation center or a dispensing | ||
organization.
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(c) The Department of Public Health may with reasonable | ||
cause refer a physician, who has certified a debilitating | ||
medical condition of a patient, to the Illinois Department of | ||
Financial and Professional Regulation for potential violations | ||
of this Section.
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(d) Any violation of this Section or any other provision of | ||
this Act or rules adopted under this Act is a violation of the | ||
Medical Practice Act of 1987.
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(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/65) | ||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 65. Denial of registry identification cards. | ||
(a) The Department of Public Health may deny an application | ||
or renewal of a qualifying patient's registry identification | ||
card only if the applicant:
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(1) did not provide the required information and | ||
materials;
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(2) previously had a registry identification card | ||
revoked;
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(3) did not meet the requirements of this Act; or
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(4) provided false or falsified information.
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(b) No person who has been convicted of a felony under the | ||
Illinois Controlled Substances Act, Cannabis Control Act, or | ||
Methamphetamine Control and Community Protection Act, or | ||
similar provision in a local ordinance or other jurisdiction is | ||
eligible to receive a registry identification card.
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(c) The Department of Public Health may deny an application | ||
or renewal for a designated caregiver chosen by a qualifying | ||
patient whose registry identification card was granted only if:
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(1) the designated caregiver does not meet the | ||
requirements of subsection (i) of Section 10;
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(2) the applicant did not provide the information | ||
required;
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(3) the prospective patient's application was denied;
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(4) the designated caregiver previously had a registry | ||
identification card revoked; or
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(5) the applicant or the designated caregiver provided | ||
false or falsified information.
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(d) The Department of Public Health through the Department | ||
of State Police shall conduct a background check of the | ||
prospective qualifying patient and designated caregiver in | ||
order to carry out this Section. The Department of State Police | ||
shall charge a fee for conducting the criminal history record | ||
check, which shall be deposited in the State Police Services | ||
Fund and shall not exceed the actual cost of the record check. | ||
Each person applying as a qualifying patient or a designated | ||
caregiver shall submit a full set of fingerprints to the |
Department of State Police for the purpose of obtaining a State | ||
and federal criminal records check. These fingerprints shall be | ||
checked against the fingerprint records now and hereafter, to | ||
the extent allowed by law, filed in the Department of State | ||
Police and Federal Bureau of Investigation criminal history | ||
records databases. The Department of State Police shall | ||
furnish, following positive identification, all Illinois | ||
conviction information to the Department of Public Health. The | ||
Department of Public Health may waive the submission of a | ||
qualifying patient's complete fingerprints based on (1) the | ||
severity of the patient's illness and (2) the inability of the | ||
qualifying patient to supply those fingerprints, provided that | ||
a complete criminal background check is conducted by the | ||
Department of State Police prior to the issuance of a registry | ||
identification card. The Department of Public Health through | ||
the Illinois State Police shall conduct a background check of | ||
the prospective qualifying patient and designated caregiver in | ||
order to carry out this provision. The Department of State | ||
Police shall be reimbursed for the cost of the background check | ||
by the Department of Public Health. Each person applying as a | ||
qualifying patient or a designated caregiver shall submit a | ||
full set of fingerprints to the Department of Public Health for | ||
the purpose of obtaining a state and federal criminal records | ||
check. The Department of Public Health may exchange this data | ||
with the Department of State Police or the Federal Bureau of | ||
Investigation without disclosing that the records check is |
related to this Act. The Department of Public Health shall | ||
destroy each set of fingerprints after the criminal records | ||
check is completed.
The Department of Public Health may waive | ||
the submission of a qualifying patient's complete fingerprints | ||
based on (1) the severity of the patient's illness and (2) the | ||
inability of the qualifying patient to obtain those | ||
fingerprints, provided that a complete criminal background | ||
check is conducted by the Department of State Police prior to | ||
the issuance of a registry identification card. | ||
(e) The Department of Public Health shall notify the | ||
qualifying patient who has designated someone to serve as his | ||
or her designated caregiver if a registry identification card | ||
will not be issued to the designated caregiver.
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(f) Denial of an application or renewal is considered a | ||
final Department action, subject to judicial review. | ||
Jurisdiction and venue for judicial review are vested in the | ||
Circuit Court.
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(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/95) | ||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 95. Background checks. | ||
(a) The Department of Agriculture through the Department of | ||
State Police shall conduct a background check of the | ||
prospective cultivation center agents. The Department of State | ||
Police shall charge a fee for conducting the criminal history |
record check, which shall be deposited in the State Police | ||
Services Fund and shall not exceed the actual cost of the | ||
record check. In order to carry out this provision, each person | ||
applying as a cultivation center agent shall submit a full set | ||
of fingerprints to the Department of State Police for the | ||
purpose of obtaining a State and federal criminal records | ||
check. These fingerprints shall be checked against the | ||
fingerprint records now and hereafter, to the extent allowed by | ||
law, filed in the Department of State Police and Federal Bureau | ||
of Investigation criminal history records databases. The | ||
Department of State Police shall furnish, following positive | ||
identification, all Illinois conviction information to the | ||
Department of Agriculture. The Department of Agriculture | ||
through the Department of State Police shall conduct a | ||
background check of the prospective cultivation center agents. | ||
The Department of State Police shall be reimbursed for the cost | ||
of the background check by the Department of Agriculture. In | ||
order to carry out this provision, each person applying as a | ||
cultivation center agent shall submit a full set of | ||
fingerprints to the Department of Agriculture for the purpose | ||
of obtaining a State and federal criminal records check. The | ||
Department of Agriculture may exchange this data with the | ||
Department of State Police and the Federal Bureau of | ||
Investigation without disclosing that the records check is | ||
related to this Act. The Department of Agriculture shall | ||
destroy each set of fingerprints after the criminal records |
check is complete.
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(b) When applying for the initial permit, the background | ||
checks for the principal officer, board members, and registered | ||
agents shall be completed prior to submitting the application | ||
to the Department of Agriculture.
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(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/105) | ||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 105. Requirements; prohibitions; penalties for | ||
cultivation centers. | ||
(a) The operating documents of a registered cultivation | ||
center shall include procedures for the oversight of the | ||
cultivation center, a cannabis plant monitoring system | ||
including a physical inventory recorded weekly, a cannabis | ||
container system including a physical inventory recorded | ||
weekly, accurate record keeping, and a staffing plan.
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(b) A registered cultivation center shall implement a | ||
security plan reviewed by the State Police and including but | ||
not limited to: facility access controls, perimeter intrusion | ||
detection systems, personnel identification systems, 24-hour | ||
surveillance system to monitor the interior and exterior of the | ||
registered cultivation center facility and accessible to | ||
authorized law enforcement and the Department of Agriculture | ||
Financial and Professional Regulation in real-time.
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(c) A registered cultivation center may not be located |
within 2,500 feet of the property line of a pre-existing public | ||
or private preschool or elementary or secondary school or day | ||
care center, day care home, group day care home, part day child | ||
care facility, or an area zoned for residential use. | ||
(d) All cultivation of cannabis for distribution to a | ||
registered dispensing organization must take place in an | ||
enclosed, locked facility as it applies to cultivation centers | ||
at the physical address provided to the Department of | ||
Agriculture during the registration process. The cultivation | ||
center location shall only be accessed by the cultivation | ||
center agents working for the registered cultivation center, | ||
Department of Agriculture staff performing inspections, | ||
Department of Public Health staff performing inspections, law | ||
enforcement or other emergency personnel, and contractors | ||
working on jobs unrelated to medical cannabis, such as | ||
installing or maintaining security devices or performing | ||
electrical wiring.
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(e) A cultivation center may not sell or distribute any | ||
cannabis to any individual or entity other than a dispensary | ||
organization registered under this Act.
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(f) All harvested cannabis intended for distribution to a | ||
dispensing organization must be packaged in a labeled medical | ||
cannabis container and entered into a data collection system.
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(g) No person who has been convicted of an excluded offense | ||
may be a cultivation center agent.
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(h) Registered cultivation centers are subject to random |
inspection by the State Police.
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(i) Registered cultivation centers are subject to random | ||
inspections by the Department of Agriculture and the Department | ||
of Public Health.
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(j) A cultivation center agent shall notify local law | ||
enforcement, the State Police, and the Department of | ||
Agriculture within 24 hours of the discovery of any loss or | ||
theft. Notification shall be made by phone or in-person, or by | ||
written or electronic communication.
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(k) A cultivation center shall comply with all State and | ||
federal rules and regulations regarding the use of pesticides.
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(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/110) | ||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 110. Suspension ; revocation ; other penalties for | ||
cultivation centers and agents of a registration . | ||
Notwithstanding any other criminal penalties related to | ||
the unlawful possession of cannabis, the Department of | ||
Agriculture may revoke, suspend, place on probation, | ||
reprimand, issue cease and desist orders, refuse to issue or | ||
renew a registration, or take any other disciplinary or | ||
non-disciplinary action as the Department of Agriculture may | ||
deem proper with regard to a registered cultivation center or | ||
cultivation center agent, including imposing fines not to | ||
exceed $50,000 for each violation, for any violations of this |
Act and rules adopted under this Act. The procedures for | ||
disciplining a registered cultivation center or cultivation | ||
center agent and for administrative hearings shall be | ||
determined by rule. All final administrative decisions of the | ||
Department of Agriculture are subject to judicial review under | ||
the Administrative Review Law and its rules. The term | ||
"administrative decision" is defined as in Section 3-101 of the | ||
Code of Civil Procedure. (a) The Department of Agriculture may | ||
suspend or revoke a registration for violations of this Act and | ||
rules issued in accordance with this Section.
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(b) The suspension or revocation of a certificate is a | ||
final Department of Agriculture action, subject to judicial | ||
review. Jurisdiction and venue for judicial review are vested | ||
in the Circuit Court.
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(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/115) | ||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 115. Registration of dispensing organizations. | ||
(a) The Department of Financial and Professional | ||
Regulation may issue up to 60 dispensing organization | ||
registrations for operation. The Department of Financial and | ||
Professional Regulation may not issue less than the 60 | ||
registrations if there are qualified applicants who have | ||
applied with the Department of Financial and Professional | ||
Regulation. The organizations shall be geographically |
dispersed throughout the State to allow all registered | ||
qualifying patients reasonable proximity and access to a | ||
dispensing organization.
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(b) A dispensing organization may only operate if it has | ||
been issued a registration from the Department of Financial and | ||
Professional Regulation. The Department of Financial and | ||
Professional Regulation shall adopt rules establishing the | ||
procedures for applicants for dispensing organizations.
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(c) When applying for a dispensing organization | ||
registration, the applicant shall submit, at a minimum, the | ||
following in accordance with Department of Financial and | ||
Professional Regulation rules:
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(1) a non-refundable application fee established by | ||
rule;
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(2) the proposed legal name of the dispensing | ||
organization;
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(3) the proposed physical address of the dispensing | ||
organization;
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(4) the name, address, and date of birth of each | ||
principal officer and board member of the dispensing | ||
organization, provided that all those individuals shall be | ||
at least 21 years of age;
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(5) information, in writing, regarding any instances | ||
in which a business or not-for-profit that any of the | ||
prospective board members managed or served on the board | ||
was convicted, fined, censured, or had a registration |
suspended or revoked in any administrative or judicial | ||
proceeding;
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(6) proposed operating by-laws that include procedures | ||
for the oversight of the medical cannabis dispensing | ||
organization and procedures to ensure accurate record | ||
keeping and security measures that are in accordance with | ||
the rules applied by the Department of Financial and | ||
Professional Regulation under this Act. The by-laws shall | ||
include a description of the enclosed, locked facility | ||
where medical cannabis will be stored by the dispensing | ||
organization; and
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(7) signed statements from each dispensing | ||
organization agent stating that they will not divert | ||
medical cannabis.
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(d) The Department of Financial and Professional | ||
Regulation shall conduct a background check of the prospective | ||
dispensing organization agents in order to carry out this | ||
Section. The Department of State Police shall charge a fee for | ||
conducting the criminal history record check, which shall be | ||
deposited in the State Police Services Fund and shall not | ||
exceed the actual cost of the record check. Each person | ||
applying as a dispensing organization agent shall submit a full | ||
set of fingerprints to the Department of State Police for the | ||
purpose of obtaining a State and federal criminal records | ||
check. These fingerprints shall be checked against the | ||
fingerprint records now and hereafter, to the extent allowed by |
law, filed in the Department of State Police and Federal Bureau | ||
of Investigation criminal history records databases. The | ||
Department of State Police shall furnish, following positive | ||
identification, all Illinois conviction information to the | ||
Department of Financial and Professional Regulation. The | ||
Department of Financial and Professional Regulation shall | ||
conduct a background check of the prospective dispensing | ||
organization agents in order to carry out this provision. The | ||
Department of State Police shall be reimbursed for the cost of | ||
the background check by the Department of Financial and | ||
Professional Regulation. Each person applying as a dispensing | ||
organization agent shall submit a full set of fingerprints to | ||
the Department of Financial and Professional Regulation for the | ||
purpose of obtaining a state and federal criminal records | ||
check. The Department of Financial and Professional Regulation | ||
may exchange this data with the Department of State Police and | ||
the Federal Bureau of Investigation without disclosing that the | ||
records check is related to this Act. The Department of | ||
Financial and Professional Regulation shall destroy each set of | ||
fingerprints after the criminal records check is completed.
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(e) A dispensing organization must pay a registration fee | ||
set by the Department of Financial and Professional Regulation.
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(f) An application for a medical cannabis dispensing | ||
organization registration must be denied if any of the | ||
following conditions are met:
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(1) the applicant failed to submit the materials |
required by this Section, including if the applicant's | ||
plans do not satisfy the security, oversight, or | ||
recordkeeping rules issued by the Department of Financial | ||
and Professional Regulation;
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(2) the applicant would not be in compliance with local | ||
zoning rules issued in accordance with Section 140;
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(3) the applicant does not meet the requirements of | ||
Section 130;
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(4) one or more of the prospective principal officers | ||
or board members has been convicted of an excluded offense;
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(5) one or more of the prospective principal officers | ||
or board members has served as a principal officer or board | ||
member for a registered medical cannabis dispensing | ||
organization that has had its registration revoked;
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(6) one or more of the principal officers or board | ||
members is under 21 years of age; and
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(7) one or more of the principal officers or board | ||
members is a registered qualified patient or a registered | ||
caregiver.
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(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/120) | ||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 120. Dispensing organization agent identification | ||
card. | ||
(a) The Department of Financial and Professional |
Regulation shall:
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(1) verify the information contained in an application | ||
or renewal for a dispensing organization agent | ||
identification card submitted under this Act, and approve | ||
or deny an application or renewal, within 30 days of | ||
receiving a completed application or renewal application | ||
and all supporting documentation required by rule;
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(2) issue a dispensing organization agent | ||
identification card to a qualifying agent within 15 | ||
business days of approving the application or renewal;
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(3) enter the registry identification number of the | ||
dispensing organization where the agent works; and
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(4) allow for an electronic application process, and | ||
provide a confirmation by electronic or other methods that | ||
an application has been submitted.
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(b) A dispensing agent must keep his or her identification | ||
card visible at all times when on the property of a dispensing | ||
organization.
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(c) The dispensing organization agent identification cards | ||
shall contain the following:
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(1) the name of the cardholder;
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(2) the date of issuance and expiration date of the | ||
dispensing organization agent identification cards;
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(3) a random 10 digit alphanumeric identification | ||
number containing at least 4 numbers and at least 4 | ||
letters; that is unique to the holder; and
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(4) a photograph of the cardholder.
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(d) The dispensing organization agent identification cards | ||
shall be immediately returned to the dispensing organization | ||
cultivation center upon termination of employment.
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(e) Any card lost by a dispensing organization agent shall | ||
be reported to the Illinois State Police and the Department of | ||
Financial and Professional Regulation Agriculture immediately | ||
upon discovery of the loss.
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(f) An applicant shall be denied a dispensing organization | ||
agent identification card if he or she has been convicted of an | ||
excluded offense.
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(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/140) | ||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 140. Local ordinances. A unit of local government may | ||
enact reasonable zoning ordinances or resolutions, not in | ||
conflict with this Act or with Department of Agriculture or | ||
Department of Financial and Professional Regulation Public | ||
Health rules, regulating registered medical cannabis | ||
cultivation center or medical cannabis dispensing | ||
organizations. No unit of local government, including a home | ||
rule unit, or school district may regulate registered medical | ||
cannabis organizations other than as provided in this Act and | ||
may not unreasonably prohibit the cultivation, dispensing, and | ||
use of medical cannabis authorized by this Act. This Section is |
a denial and limitation under subsection (i) of Section 6 of | ||
Article VII of the Illinois Constitution on the concurrent | ||
exercise by home rule units of powers and functions exercised | ||
by the State.
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(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/145) | ||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 145. Confidentiality. | ||
(a) The following information received and records kept by | ||
the
Department of Public Health, Department of Financial and | ||
Professional Regulation, Department of Agriculture, or | ||
Department of State Police under their rules for purposes of | ||
administering this Act are subject to all applicable federal | ||
privacy laws, confidential, and exempt from the Freedom of | ||
Information Act, and not subject to disclosure to any | ||
individual or public or private entity, except as necessary for | ||
authorized employees of those authorized agencies to perform | ||
official duties under this Act and the following , except that | ||
the information received and records kept by Department of | ||
Public Health, Department of Agriculture, Department of | ||
Financial and Professional Regulation, and Department of State | ||
Police , excluding any existing or non-existing Illinois or | ||
national criminal history record information as defined in | ||
subsection (d), may be disclosed may disclose this information | ||
and records to each other upon request:
|
(1) Applications and renewals, their contents, and | ||
supporting information submitted by qualifying patients | ||
and designated caregivers, including information regarding | ||
their designated caregivers and physicians.
| ||
(2) Applications and renewals, their contents, and | ||
supporting information submitted by or on behalf of | ||
cultivation centers and dispensing organizations in | ||
compliance with this Act, including their physical | ||
addresses.
| ||
(3) The individual names and other information | ||
identifying persons to whom the Department of Public Health | ||
has issued registry identification cards.
| ||
(4) Any dispensing information required to be kept | ||
under Section 135, Section 150, or Department of Public | ||
Health, Department of Agriculture, or Department of | ||
Financial and Professional Regulation rules shall identify | ||
cardholders and registered cultivation centers by their | ||
registry identification numbers and medical cannabis | ||
dispensing organizations by their registration number and | ||
not contain names or other personally identifying | ||
information.
| ||
(5) All medical records provided to the Department of | ||
Public Health in connection with an application for a | ||
registry card.
| ||
(b) Nothing in this Section precludes the following:
| ||
(1) Department of Agriculture, Department of Financial |
and Professional Regulation, or Public Health employees | ||
may notify law enforcement about falsified or fraudulent | ||
information submitted to the Departments if the employee | ||
who suspects that falsified or fraudulent information has | ||
been submitted conferred with his or her supervisor and | ||
both agree that circumstances exist that warrant | ||
reporting.
| ||
(2) If the employee conferred with his or her | ||
supervisor and both agree that circumstances exist that | ||
warrant reporting, Department of Public Health employees | ||
may notify the Department of Financial and Professional | ||
Regulation if there is reasonable cause to believe a | ||
physician:
| ||
(A) issued a written certification without a bona | ||
fide physician-patient relationship under this Act;
| ||
(B) issued a written certification to a person who | ||
was not under the physician's care for the debilitating | ||
medical condition; or
| ||
(C) failed to abide by the acceptable and | ||
prevailing standard of care when evaluating a | ||
patient's medical condition.
| ||
(3) The Department of Public Health, Department of | ||
Agriculture, and Department of Financial and Professional | ||
Regulation may notify State or local law enforcement about | ||
apparent criminal violations of this Act if the employee | ||
who suspects the offense has conferred with his or her |
supervisor and both agree that circumstances exist that | ||
warrant reporting.
| ||
(4) Medical cannabis cultivation center agents and | ||
medical cannabis dispensing organizations may notify the | ||
Department of Public Health, Department of Financial and | ||
Professional Regulation, or Department of Agriculture of a | ||
suspected violation or attempted violation of this Act or | ||
the rules issued under it.
| ||
(5) Each Department may verify registry identification | ||
cards under Section 150.
| ||
(6) The submission of the report to the General | ||
Assembly under Section 160.
| ||
(c) It is a Class B misdemeanor with a $1,000 fine for any | ||
person, including an employee or official of the Department of | ||
Public Health, Department of Financial and Professional | ||
Regulation, or Department of Agriculture or another State | ||
agency or local government, to breach the confidentiality of | ||
information obtained under this Act.
| ||
(d) The Department of Public Health, the Department of | ||
Agriculture, the Department of State Police, and the Department | ||
of Financial and Professional Regulation shall not share or | ||
disclose any existing or non-existing Illinois or national | ||
criminal history record information. For the purposes of this | ||
Section, "any existing or non-existing Illinois or national | ||
criminal history record information" means any Illinois or | ||
national criminal history record information, including but |
not limited to the lack of or non-existence of these records. | ||
(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/150) | ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 150. Registry identification and registration | ||
certificate verification. | ||
(a) The Department of Public Health shall maintain a | ||
confidential list of the persons to whom the Department of | ||
Public Health has issued registry identification cards and | ||
their addresses, phone numbers, and registry identification | ||
numbers. This confidential list may not be combined or linked | ||
in any manner with any other list or database except as | ||
provided in this Section.
| ||
(b) Within 180 days of the effective date of this Act, the | ||
Department of Public Health, Department of Financial and | ||
Professional Regulation, and Department of Agriculture shall | ||
together establish a computerized database or verification | ||
system. The database or verification system must allow law | ||
enforcement personnel and medical cannabis dispensary | ||
organization agents to determine whether or not the | ||
identification number corresponds with a current, valid | ||
registry identification card. The system shall only disclose | ||
whether the identification card is valid, whether the | ||
cardholder is a registered qualifying patient or a registered | ||
designated caregiver, the registry identification number of |
the registered medical cannabis dispensing organization | ||
designated to serve the registered qualifying patient who holds | ||
the card, and the registry identification number of the patient | ||
who is assisted by a registered designated caregiver who holds | ||
the card. The Department of Public Health, the Department of | ||
Agriculture, the Department of State Police, and the Department | ||
of Financial and Professional Regulation shall not share or | ||
disclose any existing or non-existing Illinois or national | ||
criminal history record information. Notwithstanding any other | ||
requirements established by this subsection, the Department of | ||
Public Health shall issue registry cards to qualifying | ||
patients, the Department of Financial and Professional | ||
Regulation may issue registration to medical cannabis | ||
dispensing organizations for the period during which the | ||
database is being established, and the Department of | ||
Agriculture may issue registration to medical cannabis | ||
cultivation organizations for the period during which the | ||
database is being established.
| ||
(c) For the purposes of this Section, "any existing or | ||
non-existing Illinois or national criminal history record | ||
information" means any Illinois or national criminal history | ||
record information, including but not limited to the lack of or | ||
non-existence of these records. | ||
(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/165) |
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 165. Administrative rulemaking. | ||
(a) Not later than 120 days after the effective date of | ||
this Act, the Department of Public Health, Department of | ||
Agriculture, and the Department of Financial and Professional | ||
Regulation shall develop rules in accordance to their | ||
responsibilities under this Act and file those rules with the | ||
Joint Committee on Administrative Rules.
| ||
(b) The Department of Public Health rules shall address, | ||
but not be limited to, the following:
| ||
(1) fees for applications for registration as a | ||
qualified patient or caregiver;
| ||
(2) establishing the form and content of registration | ||
and renewal applications submitted under this Act, | ||
including a standard form for written certifications;
| ||
(3) governing the manner in which it shall consider | ||
applications for and renewals of registry identification | ||
cards; | ||
(4) the manufacture of medical cannabis-infused | ||
products;
| ||
(5) fees for the application and renewal of registry | ||
identification cards. Fee revenue may be offset or | ||
supplemented by private donations;
| ||
(6) any other matters as are necessary for the fair, | ||
impartial, stringent, and comprehensive administration of | ||
this Act;
and |
(7) reasonable rules concerning the medical use of | ||
cannabis at a nursing care institution, hospice, assisted | ||
living center, assisted living facility, assisted living | ||
home, residential care institution, or adult day health | ||
care facility. | ||
(c) The Department of Agriculture rules shall address, but | ||
not be limited to the following
related to registered | ||
cultivation centers, with the goal of protecting against | ||
diversion and theft, without imposing an undue burden on the | ||
registered cultivation centers:
| ||
(1) oversight requirements for registered cultivation | ||
centers;
| ||
(2) recordkeeping requirements for registered | ||
cultivation centers;
| ||
(3) security requirements for registered cultivation | ||
centers, which shall include that each registered | ||
cultivation center location must be protected by a fully | ||
operational security alarm system;
| ||
(4) rules and standards for what constitutes an | ||
enclosed, locked facility under this Act;
| ||
(5) procedures for suspending or revoking the | ||
registration certificates or registry identification cards | ||
of registered cultivation centers and their agents that | ||
commit violations of the provisions of this Act or the | ||
rules adopted under this Section;
| ||
(6) rules concerning the intrastate transportation of |
medical cannabis from a cultivation center to a dispensing | ||
organization;
| ||
(7) standards concerning the testing, quality, and | ||
cultivation of medical cannabis;
| ||
(8) any other matters as are necessary for the fair, | ||
impartial, stringent, and comprehensive administration of | ||
this Act;
| ||
(9) application and renewal fees for cultivation | ||
center agents; and
| ||
(10) application, renewal, and registration fees for | ||
cultivation centers.
| ||
(d) The Department of Financial and Professional | ||
Regulation rules shall address, but not be limited to the | ||
following matters related to registered dispensing | ||
organizations, with the goal of protecting against diversion | ||
and theft, without imposing an undue burden on the registered | ||
dispensing organizations or compromising the confidentiality | ||
of cardholders:
| ||
(1) application and renewal and registration fees for | ||
dispensing organizations and dispensing organizations | ||
agents;
| ||
(2) medical cannabis dispensing agent-in-charge | ||
oversight requirements for dispensing organizations;
| ||
(3) recordkeeping requirements for dispensing | ||
organizations;
| ||
(4) security requirements for medical cannabis |
dispensing organizations, which shall include that each | ||
registered dispensing organization location must be | ||
protected by a fully operational security alarm system;
| ||
(5) procedures for suspending or revoking suspending | ||
the registrations of dispensing organizations and | ||
dispensing organization agents that commit violations of | ||
the provisions of this Act or the rules adopted under this | ||
Act;
| ||
(6) application and renewal fees for dispensing | ||
organizations; and
| ||
(7) application and renewal fees for dispensing | ||
organization agents.
| ||
(e) The Department of Public Health may establish a sliding | ||
scale of patient application and renewal fees based upon a | ||
qualifying patient's household income. The Department of | ||
Public health may accept donations from private sources to | ||
reduce application and renewal fees, and registry | ||
identification card fees shall include an additional fee set by | ||
rule which shall be used to develop and disseminate educational | ||
information about the health risks associated with the abuse of | ||
cannabis and prescription medications.
| ||
(f) During the rule-making process, each Department shall | ||
make a good faith effort to consult with stakeholders | ||
identified in the rule-making analysis as being impacted by the | ||
rules, including patients or a representative of an | ||
organization advocating on behalf of patients.
|
(g) The Department of Public Health shall develop and | ||
disseminate educational information about the health risks | ||
associated with the abuse of cannabis and prescription | ||
medications.
| ||
(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/175) | ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 175. Administrative hearings. | ||
(a) Administrative hearings involving the Department of | ||
Public Health, a qualifying patient, or a designated caregiver | ||
shall be conducted under the Department of Public Health's | ||
rules governing administrative hearings. | ||
(b) Administrative hearings involving the Department of | ||
Financial and Professional Regulation, dispensing | ||
organizations, or dispensing organization agents shall be | ||
conducted under the Department of Financial and Professional | ||
Regulation's rules governing administrative hearings. | ||
(c) Administrative hearings involving the Department of | ||
Agriculture, registered cultivation centers, or cultivation | ||
center agents shall be conducted under the Department of | ||
Agriculture's rules governing administrative hearings. All | ||
administrative hearings under this Act shall be conducted in | ||
accordance with the Department of Public Health's rules | ||
governing administrative hearings.
| ||
(Source: P.A. 98-122, eff. 1-1-14.) |
(410 ILCS 130/185) | ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 185. Suspension revocation of a registration. | ||
(a) The Department of Agriculture , the Department of | ||
Financial and Professional Regulation, and the Department of | ||
Public Health may suspend or revoke a registration for | ||
violations of this Act and rules issued in accordance with this | ||
Section.
| ||
(b) The suspension or revocation of a registration is a | ||
final Department action, subject to judicial review. | ||
Jurisdiction and venue for judicial review are vested in the | ||
Circuit Court.
| ||
(Source: P.A. 98-122, eff. 1-1-14.) | ||
Section 10. The Illinois Vehicle Code is amended by | ||
changing Sections 2-118.1, 6-118, 6-206.1, 6-208.1, 6-514, | ||
11-501.1, and 11-501.2 and by adding Sections 2-118.2 and | ||
11-501.9 as follows: | ||
(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
| ||
Sec. 2-118.1. Opportunity for hearing; statutory summary | ||
alcohol
or other drug related suspension or revocation pursuant | ||
to Section 11-501.1. | ||
(a) A statutory summary suspension or revocation of driving | ||
privileges under Section
11-501.1 shall not become effective |
until the person is notified in writing of
the impending | ||
suspension or revocation and informed that he may request a | ||
hearing in the
circuit court of venue under paragraph (b) of | ||
this Section and the statutory
summary suspension or revocation | ||
shall become effective as provided in Section 11-501.1. | ||
(b) Within 90 days after the notice of statutory summary
| ||
suspension or revocation served under Section
11-501.1, the | ||
person may make a written request for a judicial hearing in
the | ||
circuit court of venue. The request to the circuit court shall | ||
state
the grounds upon which the person seeks to have the | ||
statutory summary
suspension or revocation rescinded. Within | ||
30 days after receipt of the written request
or the first | ||
appearance date on the Uniform Traffic Ticket issued pursuant
| ||
to a violation of Section 11-501, or a similar provision of a | ||
local
ordinance, the hearing shall be conducted by the circuit | ||
court having
jurisdiction. This judicial hearing, request, or | ||
process shall not stay or
delay the statutory summary | ||
suspension or revocation. The hearings shall proceed in the
| ||
court in the same manner as in other civil proceedings. | ||
The hearing may be conducted upon a review of the law | ||
enforcement
officer's own official reports; provided however, | ||
that the person may
subpoena the officer. Failure of the | ||
officer to answer the subpoena shall
be considered grounds for | ||
a continuance if in the court's discretion the
continuance is | ||
appropriate. | ||
The scope of the hearing shall be limited to the issues of: |
1. Whether the person was placed under arrest for an | ||
offense as defined
in Section 11-501, or a similar | ||
provision of a local ordinance, as evidenced
by the | ||
issuance of a Uniform Traffic Ticket, or issued a Uniform | ||
Traffic
Ticket out of state as provided in subsection (a) | ||
or (a-5) of Section 11-501.1; and | ||
2. Whether the officer had reasonable grounds to | ||
believe that
the person was driving or in actual physical | ||
control of a motor vehicle
upon a highway while under the | ||
influence of alcohol, other drug, or
combination of both; | ||
and | ||
3. Whether the person, after being advised by the | ||
officer
that the privilege to operate a motor vehicle would | ||
be suspended or revoked 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 blood | ||
alcohol or drug concentration authorized under Section | ||
11-501.1 ; or | ||
4. Whether the person, after being advised by the | ||
officer that
the privilege to operate a motor vehicle would | ||
be suspended if the person
submits to a chemical test, or | ||
tests, and the test discloses an alcohol
concentration of | ||
0.08 or more, or any amount of a drug, substance,
or | ||
compound in the person's 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, an intoxicating
| ||
compound as listed in the Use of Intoxicating Compounds | ||
Act, or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act, and the person
did | ||
submit to and complete the test or tests that determined an | ||
alcohol
concentration of 0.08 or more. | ||
4.2. (Blank). If the person is a qualifying patient | ||
licensed under the Compassionate Use of Medical Cannabis | ||
Pilot Program Act who is in possession of a valid registry | ||
card issued under that Act, after being advised by the | ||
officer that the privilege to operate a motor vehicle would | ||
be suspended or revoked if the person refused to submit to | ||
and complete the test or tests, did refuse to submit to or | ||
complete the test or tests authorized under Section | ||
11-501.1. | ||
4.5. (Blank). If the person is a qualifying patient | ||
licensed under the Compassionate Use of Medical Cannabis | ||
Pilot Program Act who is in possession of a valid registry | ||
card issued under that Act, whether that person, after | ||
being advised by the officer that the privilege to operate | ||
a motor vehicle would be suspended if the person submits to | ||
a standardized field sobriety test, or tests, and the test | ||
indicates impairment resulting from the consumption of | ||
cannabis, did submit to and complete the test or tests that | ||
indicated impairment. | ||
5. If the person's driving privileges were revoked, |
whether the person was involved in a motor vehicle accident | ||
that caused Type A injury or death to another. | ||
Upon the conclusion of the judicial hearing, the circuit | ||
court shall
sustain or rescind the statutory summary suspension | ||
or revocation and immediately notify
the Secretary of State. | ||
Reports received by the Secretary of State under
this Section | ||
shall be privileged information and for use only by the
courts, | ||
police officers, and Secretary of State. | ||
(Source: P.A. 98-122, eff. 1-1-14.) | ||
(625 ILCS 5/2-118.2 new) | ||
Sec. 2-118.2. Opportunity for hearing; medical | ||
cannabis-related suspension under Section 11-501.9. | ||
(a) A suspension of driving privileges under Section | ||
11-501.9 of this Code shall not become effective until the | ||
person is notified in writing of the impending suspension and | ||
informed that he or she may request a hearing in the circuit | ||
court of venue under subsection (b) of this Section and the | ||
suspension shall become effective as provided in Section | ||
11-501.9. | ||
(b) Within 90 days after the notice of suspension served | ||
under Section 11-501.9, the person may make a written request | ||
for a judicial hearing in the circuit court of venue. The | ||
request to the circuit court shall state the grounds upon which | ||
the person seeks to have the suspension rescinded. Within 30 | ||
days after receipt of the written request or the first |
appearance date on the Uniform Traffic Ticket issued for a | ||
violation of Section 11-501 of this Code, or a similar | ||
provision of a local ordinance, the hearing shall be conducted | ||
by the circuit court having jurisdiction. This judicial | ||
hearing, request, or process shall not stay or delay the | ||
suspension. The hearing shall proceed in the court in the same | ||
manner as in other civil proceedings. | ||
The hearing may be conducted upon a review of the law | ||
enforcement officer's own official reports; provided however, | ||
that the person may subpoena the officer. Failure of the | ||
officer to answer the subpoena shall be considered grounds for | ||
a continuance if in the court's discretion the continuance is | ||
appropriate. | ||
The scope of the hearing shall be limited to the issues of: | ||
(1) Whether the person was issued a registry | ||
identification card under the Compassionate Use of Medical | ||
Cannabis Pilot Program Act; and | ||
(2) Whether the officer had reasonable suspicion to | ||
believe that the person was driving or in actual physical | ||
control of a motor vehicle upon a highway while impaired by | ||
the use of cannabis; and | ||
(3) 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 field sobriety tests, did refuse to submit to | ||
or complete the field sobriety tests authorized under |
Section 11-501.9; 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 submitted to field sobriety | ||
tests that disclosed the person was impaired by the use of | ||
cannabis, did submit to field sobriety tests that disclosed | ||
that the person was impaired by the use of cannabis. | ||
Upon the conclusion of the judicial hearing, the circuit | ||
court shall sustain or rescind the suspension and immediately | ||
notify the Secretary of State. Reports received by the | ||
Secretary of State under this Section shall be privileged | ||
information and for use only by the courts, police officers, | ||
and Secretary of State.
| ||
(625 ILCS 5/6-118)
| ||
(Text of Section before amendment by P.A. 98-176 ) | ||
Sec. 6-118. Fees. | ||
(a) The fee for licenses and permits under this
Article is | ||
as follows: | ||
Original driver's license .............................$30 | ||
Original or renewal driver's license | ||
issued to 18, 19 and 20 year olds .................. 5 | ||
All driver's licenses for persons | ||
age 69 through age 80 .............................. 5 | ||
All driver's licenses for persons | ||
age 81 through age 86 .............................. 2 |
All driver's licenses for persons | ||
age 87 or older .....................................0 | ||
Renewal driver's license (except for | ||
applicants ages 18, 19 and 20 or | ||
age 69 and older) ..................................30 | ||
Original instruction permit issued to | ||
persons (except those age 69 and older) | ||
who do not hold or have not previously | ||
held an Illinois instruction permit or | ||
driver's license .................................. 20 | ||
Instruction permit issued to any person | ||
holding an Illinois driver's license | ||
who wishes a change in classifications, | ||
other than at the time of renewal .................. 5 | ||
Any instruction permit issued to a person | ||
age 69 and older ................................... 5 | ||
Instruction permit issued to any person, | ||
under age 69, not currently holding a | ||
valid Illinois driver's license or | ||
instruction permit but who has | ||
previously been issued either document | ||
in Illinois ....................................... 10 | ||
Restricted driving permit .............................. 8 | ||
Monitoring device driving permit ...................... 8 | ||
Duplicate or corrected driver's license | ||
or permit .......................................... 5 |
Duplicate or corrected restricted | ||
driving permit ..................................... 5 | ||
Duplicate or corrected monitoring | ||
device driving permit .................................. 5 | ||
Duplicate driver's license or permit issued to | ||
an active-duty member of the | ||
United States Armed Forces, | ||
the member's spouse, or | ||
the dependent children living | ||
with the member ................................... 0 | ||
Original or renewal M or L endorsement ................. 5 | ||
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||
The fees for commercial driver licenses and permits | ||
under Article V
shall be as follows: | ||
Commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||
(Commercial Driver's License Information | ||
System/American Association of Motor Vehicle | ||
Administrators network/National Motor Vehicle | ||
Title Information Service Trust Fund); | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; | ||
and $24 for the CDL: ............................. $60 | ||
Renewal commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||
$20 for the Motor Carrier Safety Inspection Fund; |
$10 for the driver's license; and | ||
$24 for the CDL: ................................. $60 | ||
Commercial driver instruction permit | ||
issued to any person holding a valid | ||
Illinois driver's license for the | ||
purpose of changing to a | ||
CDL classification: $6 for the | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||
$20 for the Motor Carrier | ||
Safety Inspection Fund; and | ||
$24 for the CDL classification ................... $50 | ||
Commercial driver instruction permit | ||
issued to any person holding a valid | ||
Illinois CDL for the purpose of | ||
making a change in a classification, | ||
endorsement or restriction ........................ $5 | ||
CDL duplicate or corrected license .................... $5 | ||
In order to ensure the proper implementation of the Uniform | ||
Commercial
Driver License Act, Article V of this Chapter, the | ||
Secretary of State is
empowered to pro-rate the $24 fee for the | ||
commercial driver's license
proportionate to the expiration | ||
date of the applicant's Illinois driver's
license. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person who presents the Secretary of State's office | ||
with a
police report showing that his license or permit was | ||
stolen. |
The fee for any duplicate license or permit shall be waived | ||
for any
person age 60 or older whose driver's license or permit | ||
has been lost or stolen. | ||
No additional fee shall be charged for a driver's license, | ||
or for a
commercial driver's license, when issued
to the holder | ||
of an instruction permit for the same classification or
type of | ||
license who becomes eligible for such
license. | ||
(b) Any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked under | ||
Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||
Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||
Responsibility Law of this Code, shall in addition to any other
| ||
fees required by this Code, pay a reinstatement fee as follows: | ||
Suspension under Section 3-707 .....................
$100
| ||
Summary suspension under Section 11-501.1 ...........$250
| ||
Suspension under Section 11-501.9 ....................$250 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Other suspension ......................................$70 | ||
Revocation ...........................................$500 | ||
However, any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked for a | ||
second or subsequent time
for a violation of Section 11-501 , or | ||
11-501.1 , or 11-501.9
of this Code or a similar provision of a | ||
local ordinance
or a similar out-of-state offense
or Section | ||
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| ||
and each suspension or revocation was for a violation of |
Section 11-501 , or
11-501.1 , or 11-501.9 of this Code or a | ||
similar provision of a local ordinance
or a similar | ||
out-of-state offense
or Section
9-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012
shall pay, in addition to any | ||
other
fees required by this Code, a
reinstatement
fee as | ||
follows: | ||
Summary suspension under Section 11-501.1 ............$500 | ||
Suspension under Section 11-501.9 ....................$500 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Revocation ...........................................$500 | ||
(c) All fees collected under the provisions of this Chapter | ||
6 shall be
paid into the Road Fund in the State Treasury except | ||
as follows: | ||
1. The following amounts shall be paid into the Driver | ||
Education Fund: | ||
(A) $16 of the $20
fee for an original driver's | ||
instruction permit; | ||
(B) $5 of the $30 fee for an original driver's | ||
license; | ||
(C) $5 of the $30 fee for a 4 year renewal driver's | ||
license;
| ||
(D) $4 of the $8 fee for a restricted driving | ||
permit; and | ||
(E) $4 of the $8 fee for a monitoring device | ||
driving permit. | ||
2. $30 of the $250 fee for reinstatement of a
license
|
summarily suspended under Section 11-501.1 or suspended | ||
under Section 11-501.9 shall be deposited into the
Drunk | ||
and Drugged Driving Prevention Fund.
However, for a person | ||
whose license or privilege to operate a motor vehicle
in | ||
this State has been suspended or revoked for a second or | ||
subsequent time for
a violation of Section 11-501 , or | ||
11-501.1 , or 11-501.9 of this Code or Section 9-3 of the
| ||
Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | ||
the $500 fee for reinstatement of a license summarily
| ||
suspended under
Section 11-501.1 or suspended under | ||
Section 11-501.9 ,
and $190 of the $500 fee for | ||
reinstatement of a revoked license
shall be deposited into | ||
the Drunk and Drugged Driving Prevention Fund. $190 of the | ||
$500 fee for reinstatement of a license summarily revoked | ||
pursuant to Section 11-501.1 shall be deposited into the | ||
Drunk and Drugged Driving Prevention Fund. | ||
3. $6 of such original or renewal fee for a commercial | ||
driver's
license and $6 of the commercial driver | ||
instruction permit fee when such
permit is issued to any | ||
person holding a valid Illinois driver's license,
shall be | ||
paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||
4. $30 of the $70 fee for reinstatement of a license | ||
suspended
under the
Family
Financial Responsibility Law | ||
shall be paid into the Family Responsibility
Fund. | ||
5. The $5 fee for each original or renewal M or L | ||
endorsement shall be
deposited into the Cycle Rider Safety |
Training Fund. | ||
6. $20 of any original or renewal fee for a commercial | ||
driver's
license or commercial driver instruction permit | ||
shall be paid into the Motor
Carrier Safety Inspection | ||
Fund. | ||
7. The following amounts shall be paid into the General | ||
Revenue Fund: | ||
(A) $190 of the $250 reinstatement fee for a | ||
summary suspension under
Section 11-501.1 or a | ||
suspension under Section 11-501.9 ; | ||
(B) $40 of the $70 reinstatement fee for any other | ||
suspension provided
in subsection (b) of this Section; | ||
and | ||
(C) $440 of the $500 reinstatement fee for a first | ||
offense revocation
and $310 of the $500 reinstatement | ||
fee for a second or subsequent revocation. | ||
(d) All of the proceeds of the additional fees imposed by | ||
this amendatory Act of the 96th General Assembly shall be | ||
deposited into the Capital Projects Fund. | ||
(e) The additional fees imposed by this amendatory Act of | ||
the 96th General Assembly shall become effective 90 days after | ||
becoming law. | ||
(f) As used in this Section, "active-duty member of the | ||
United States Armed Forces" means a member of the Armed | ||
Services or Reserve Forces of the United States or a member of | ||
the Illinois National Guard who is called to active duty |
pursuant to an executive order of the President of the United | ||
States, an act of the Congress of the United States, or an | ||
order of the Governor. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||
98-177, eff. 1-1-14; 98-756, eff. 7-16-14.) | ||
(Text of Section after amendment by P.A. 98-176 ) | ||
Sec. 6-118. Fees. | ||
(a) The fee for licenses and permits under this
Article is | ||
as follows: | ||
Original driver's license .............................$30 | ||
Original or renewal driver's license | ||
issued to 18, 19 and 20 year olds .................. 5 | ||
All driver's licenses for persons | ||
age 69 through age 80 .............................. 5 | ||
All driver's licenses for persons | ||
age 81 through age 86 .............................. 2 | ||
All driver's licenses for persons | ||
age 87 or older .....................................0 | ||
Renewal driver's license (except for | ||
applicants ages 18, 19 and 20 or | ||
age 69 and older) ..................................30 | ||
Original instruction permit issued to | ||
persons (except those age 69 and older) | ||
who do not hold or have not previously | ||
held an Illinois instruction permit or |
driver's license .................................. 20 | ||
Instruction permit issued to any person | ||
holding an Illinois driver's license | ||
who wishes a change in classifications, | ||
other than at the time of renewal .................. 5 | ||
Any instruction permit issued to a person | ||
age 69 and older ................................... 5 | ||
Instruction permit issued to any person, | ||
under age 69, not currently holding a | ||
valid Illinois driver's license or | ||
instruction permit but who has | ||
previously been issued either document | ||
in Illinois ....................................... 10 | ||
Restricted driving permit .............................. 8 | ||
Monitoring device driving permit ...................... 8 | ||
Duplicate or corrected driver's license | ||
or permit .......................................... 5 | ||
Duplicate or corrected restricted | ||
driving permit ..................................... 5 | ||
Duplicate or corrected monitoring | ||
device driving permit .................................. 5 | ||
Duplicate driver's license or permit issued to | ||
an active-duty member of the | ||
United States Armed Forces, | ||
the member's spouse, or | ||
the dependent children living |
with the member ................................... 0 | ||
Original or renewal M or L endorsement ................. 5 | ||
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||
The fees for commercial driver licenses and permits | ||
under Article V
shall be as follows: | ||
Commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||
(Commercial Driver's License Information | ||
System/American Association of Motor Vehicle | ||
Administrators network/National Motor Vehicle | ||
Title Information Service Trust Fund); | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; | ||
and $24 for the CDL: ............................. $60 | ||
Renewal commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; and | ||
$24 for the CDL: ................................. $60 | ||
Commercial learner's permit | ||
issued to any person holding a valid | ||
Illinois driver's license for the | ||
purpose of changing to a | ||
CDL classification: $6 for the | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||
$20 for the Motor Carrier |
Safety Inspection Fund; and | ||
$24 for the CDL classification ................... $50 | ||
Commercial learner's permit | ||
issued to any person holding a valid | ||
Illinois CDL for the purpose of | ||
making a change in a classification, | ||
endorsement or restriction ........................ $5 | ||
CDL duplicate or corrected license .................... $5 | ||
In order to ensure the proper implementation of the Uniform | ||
Commercial
Driver License Act, Article V of this Chapter, the | ||
Secretary of State is
empowered to pro-rate the $24 fee for the | ||
commercial driver's license
proportionate to the expiration | ||
date of the applicant's Illinois driver's
license. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person who presents the Secretary of State's office | ||
with a
police report showing that his license or permit was | ||
stolen. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person age 60 or older whose driver's license or permit | ||
has been lost or stolen. | ||
No additional fee shall be charged for a driver's license, | ||
or for a
commercial driver's license, when issued
to the holder | ||
of an instruction permit for the same classification or
type of | ||
license who becomes eligible for such
license. | ||
(b) Any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked under |
Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||
Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||
Responsibility Law of this Code, shall in addition to any other
| ||
fees required by this Code, pay a reinstatement fee as follows: | ||
Suspension under Section 3-707 .....................
$100
| ||
Summary suspension under Section 11-501.1 ...........$250
| ||
Suspension under Section 11-501.9 ....................$250 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Other suspension ......................................$70 | ||
Revocation ...........................................$500 | ||
However, any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked for a | ||
second or subsequent time
for a violation of Section 11-501 , or | ||
11-501.1 , or 11-501.9
of this Code or a similar provision of a | ||
local ordinance
or a similar out-of-state offense
or Section | ||
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| ||
and each suspension or revocation was for a violation of | ||
Section 11-501 , or
11-501.1 , or 11-501.9 of this Code or a | ||
similar provision of a local ordinance
or a similar | ||
out-of-state offense
or Section
9-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012
shall pay, in addition to any | ||
other
fees required by this Code, a
reinstatement
fee as | ||
follows: | ||
Summary suspension under Section 11-501.1 ............$500 | ||
Suspension under Section 11-501.9 ....................$500 | ||
Summary revocation under Section 11-501.1 ............$500 |
Revocation ...........................................$500 | ||
(c) All fees collected under the provisions of this Chapter | ||
6 shall be
paid into the Road Fund in the State Treasury except | ||
as follows: | ||
1. The following amounts shall be paid into the Driver | ||
Education Fund: | ||
(A) $16 of the $20
fee for an original driver's | ||
instruction permit; | ||
(B) $5 of the $30 fee for an original driver's | ||
license; | ||
(C) $5 of the $30 fee for a 4 year renewal driver's | ||
license;
| ||
(D) $4 of the $8 fee for a restricted driving | ||
permit; and | ||
(E) $4 of the $8 fee for a monitoring device | ||
driving permit. | ||
2. $30 of the $250 fee for reinstatement of a
license
| ||
summarily suspended under Section 11-501.1 or suspended | ||
under Section 11-501.9 shall be deposited into the
Drunk | ||
and Drugged Driving Prevention Fund.
However, for a person | ||
whose license or privilege to operate a motor vehicle
in | ||
this State has been suspended or revoked for a second or | ||
subsequent time for
a violation of Section 11-501 , or | ||
11-501.1 , or 11-501.9 of this Code or Section 9-3 of the
| ||
Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | ||
the $500 fee for reinstatement of a license summarily
|
suspended under
Section 11-501.1 or suspended under | ||
Section 11-501.9 ,
and $190 of the $500 fee for | ||
reinstatement of a revoked license
shall be deposited into | ||
the Drunk and Drugged Driving Prevention Fund. $190 of the | ||
$500 fee for reinstatement of a license summarily revoked | ||
pursuant to Section 11-501.1 shall be deposited into the | ||
Drunk and Drugged Driving Prevention Fund. | ||
3. $6 of the original or renewal fee for a commercial | ||
driver's
license and $6 of the commercial learner's permit | ||
fee when the
permit is issued to any person holding a valid | ||
Illinois driver's license,
shall be paid into the | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||
4. $30 of the $70 fee for reinstatement of a license | ||
suspended
under the
Family
Financial Responsibility Law | ||
shall be paid into the Family Responsibility
Fund. | ||
5. The $5 fee for each original or renewal M or L | ||
endorsement shall be
deposited into the Cycle Rider Safety | ||
Training Fund. | ||
6. $20 of any original or renewal fee for a commercial | ||
driver's
license or commercial learner's permit shall be | ||
paid into the Motor
Carrier Safety Inspection Fund. | ||
7. The following amounts shall be paid into the General | ||
Revenue Fund: | ||
(A) $190 of the $250 reinstatement fee for a | ||
summary suspension under
Section 11-501.1 or a | ||
suspension under Section 11-501.9 ; |
(B) $40 of the $70 reinstatement fee for any other | ||
suspension provided
in subsection (b) of this Section; | ||
and | ||
(C) $440 of the $500 reinstatement fee for a first | ||
offense revocation
and $310 of the $500 reinstatement | ||
fee for a second or subsequent revocation. | ||
(d) All of the proceeds of the additional fees imposed by | ||
this amendatory Act of the 96th General Assembly shall be | ||
deposited into the Capital Projects Fund. | ||
(e) The additional fees imposed by this amendatory Act of | ||
the 96th General Assembly shall become effective 90 days after | ||
becoming law. | ||
(f) As used in this Section, "active-duty member of the | ||
United States Armed Forces" means a member of the Armed | ||
Services or Reserve Forces of the United States or a member of | ||
the Illinois National Guard who is called to active duty | ||
pursuant to an executive order of the President of the United | ||
States, an act of the Congress of the United States, or an | ||
order of the Governor. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||
98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the | ||
effective date of changes made by P.A. 98-176); 98-177, eff. | ||
1-1-14; 98-756, eff. 7-16-14.) | ||
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | ||
Sec. 6-206.1. Monitoring Device Driving Permit. |
Declaration of Policy. It is hereby declared a policy of the
| ||
State of Illinois that the driver who is impaired by alcohol, | ||
other drug or
drugs, or intoxicating compound or compounds is a
| ||
threat to the public safety and welfare. Therefore, to
provide | ||
a deterrent to such practice, a statutory summary driver's | ||
license suspension is appropriate.
It is also recognized that | ||
driving is a privilege and therefore, that the granting of | ||
driving privileges, in a manner consistent with public
safety, | ||
is warranted during the period of suspension in the form of a | ||
monitoring device driving permit. A person who drives and fails | ||
to comply with the requirements of the monitoring device | ||
driving permit commits a violation of Section 6-303 of this | ||
Code. | ||
The following procedures shall apply whenever
a first | ||
offender, as defined in Section 11-500 of this Code, is | ||
arrested for any offense as defined in Section 11-501
or a | ||
similar provision of a local ordinance and is subject to the | ||
provisions of Section 11-501.1: | ||
(a) Upon mailing of the notice of suspension of driving | ||
privileges as provided in subsection (h) of Section 11-501.1 of | ||
this Code, the Secretary shall also send written notice | ||
informing the person that he or she will be issued a monitoring | ||
device driving permit (MDDP). The notice shall include, at | ||
minimum, information summarizing the procedure to be followed | ||
for issuance of the MDDP, installation of the breath alcohol | ||
ignition installation device (BAIID), as provided in this |
Section, exemption from BAIID installation requirements, and | ||
procedures to be followed by those seeking indigent status, as | ||
provided in this Section. The notice shall also include | ||
information summarizing the procedure to be followed if the | ||
person wishes to decline issuance of the MDDP. A copy of the | ||
notice shall also be sent to the court of venue together with | ||
the notice of suspension of driving privileges, as provided in | ||
subsection (h) of Section 11-501. However, a MDDP shall not be | ||
issued if the Secretary finds that:
| ||
(1) the offender's driver's license is otherwise | ||
invalid; | ||
(2) death or great bodily harm to another resulted from | ||
the arrest for Section 11-501; | ||
(3) the offender has been previously convicted of | ||
reckless homicide or aggravated driving under the | ||
influence involving death; | ||
(4) the offender is less than 18 years of age; or | ||
(5) the offender is a qualifying patient licensed under | ||
the Compassionate Use of Medical Cannabis Pilot Program Act | ||
who is in possession of a valid registry card issued under | ||
that Act and refused to submit to standardized field | ||
sobriety tests as required by subsection (a) (a-5) of | ||
Section 11-501.9 11-501.1 or did submit to testing which | ||
disclosed the person was impaired by the use of cannabis | ||
and failed the test or tests . | ||
Any offender participating in the MDDP program must pay the |
Secretary a MDDP Administration Fee in an amount not to exceed | ||
$30 per month, to be deposited into the Monitoring Device | ||
Driving Permit Administration Fee Fund. The Secretary shall | ||
establish by rule the amount and the procedures, terms, and | ||
conditions relating to these fees. The offender must have an | ||
ignition interlock device installed within 14 days of the date | ||
the Secretary issues the MDDP. The ignition interlock device | ||
provider must notify the Secretary, in a manner and form | ||
prescribed by the Secretary, of the installation. If the | ||
Secretary does not receive notice of installation, the | ||
Secretary shall cancel the MDDP.
| ||
A MDDP shall not become effective prior to the 31st
day of | ||
the original statutory summary suspension. | ||
Upon receipt of the notice, as provided in paragraph (a) of | ||
this Section, the person may file a petition to decline | ||
issuance of the MDDP with the court of venue. The court shall | ||
admonish the offender of all consequences of declining issuance | ||
of the MDDP including, but not limited to, the enhanced | ||
penalties for driving while suspended. After being so | ||
admonished, the offender shall be permitted, in writing, to | ||
execute a notice declining issuance of the MDDP. This notice | ||
shall be filed with the court and forwarded by the clerk of the | ||
court to the Secretary. The offender may, at any time | ||
thereafter, apply to the Secretary for issuance of a MDDP. | ||
(a-1) A person issued a MDDP may drive for any purpose and | ||
at any time, subject to the rules adopted by the Secretary |
under subsection (g). The person must, at his or her own | ||
expense, drive only vehicles equipped with an ignition | ||
interlock device as defined in Section 1-129.1, but in no event | ||
shall such person drive a commercial motor vehicle. | ||
(a-2) Persons who are issued a MDDP and must drive | ||
employer-owned vehicles in the course of their employment | ||
duties may seek permission to drive an employer-owned vehicle | ||
that does not have an ignition interlock device. The employer | ||
shall provide to the Secretary a form, as prescribed by the | ||
Secretary, completed by the employer verifying that the | ||
employee must drive an employer-owned vehicle in the course of | ||
employment. If approved by the Secretary, the form must be in | ||
the driver's possession while operating an employer-owner | ||
vehicle not equipped with an ignition interlock device. No | ||
person may use this exemption to drive a school bus, school | ||
vehicle, or a vehicle designed to transport more than 15 | ||
passengers. No person may use this exemption to drive an | ||
employer-owned motor vehicle that is owned by an entity that is | ||
wholly or partially owned by the person holding the MDDP, or by | ||
a family member of the person holding the MDDP. No person may | ||
use this exemption to drive an employer-owned vehicle that is | ||
made available to the employee for personal use. No person may | ||
drive the exempted vehicle more than 12 hours per day, 6 days | ||
per week.
| ||
(a-3) Persons who are issued a MDDP and who must drive a | ||
farm tractor to and from a farm, within 50 air miles from the |
originating farm are exempt from installation of a BAIID on the | ||
farm tractor, so long as the farm tractor is being used for the | ||
exclusive purpose of conducting farm operations. | ||
(b) (Blank). | ||
(c) (Blank).
| ||
(c-1) If the holder of the MDDP is convicted of or receives | ||
court supervision for a violation of Section 6-206.2, 6-303, | ||
11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | ||
provision of a local ordinance or a similar out-of-state | ||
offense or is convicted of or receives court supervision for | ||
any offense for which alcohol or drugs is an element of the | ||
offense and in which a motor vehicle was involved (for an | ||
arrest other than the one for which the MDDP is issued), or | ||
de-installs the BAIID without prior authorization from the | ||
Secretary, the MDDP shall be cancelled. | ||
(c-5) If the Secretary determines that the person seeking | ||
the MDDP is indigent, the Secretary shall provide the person | ||
with a written document as evidence of that determination, and | ||
the person shall provide that written document to an ignition | ||
interlock device provider. The provider shall install an | ||
ignition interlock device on that person's vehicle without | ||
charge to the person, and seek reimbursement from the Indigent | ||
BAIID Fund.
If the Secretary has deemed an offender indigent, | ||
the BAIID provider shall also provide the normal monthly | ||
monitoring services and the de-installation without charge to | ||
the offender and seek reimbursement from the Indigent BAIID |
Fund. Any other monetary charges, such as a lockout fee or | ||
reset fee, shall be the responsibility of the MDDP holder. A | ||
BAIID provider may not seek a security deposit from the | ||
Indigent BAIID Fund. | ||
(d) MDDP information
shall be available only to the courts, | ||
police officers, and the Secretary, except during the actual | ||
period the MDDP is valid, during which
time it shall be a | ||
public record. | ||
(e) (Blank). | ||
(f) (Blank). | ||
(g) The Secretary shall adopt rules for implementing this | ||
Section. The rules adopted shall address issues including, but | ||
not limited to: compliance with the requirements of the MDDP; | ||
methods for determining compliance with those requirements; | ||
the consequences of noncompliance with those requirements; | ||
what constitutes a violation of the MDDP; methods for | ||
determining indigency; and the duties of a person or entity | ||
that supplies the ignition interlock device. | ||
(h) The rules adopted under subsection (g) shall provide, | ||
at a minimum, that the person is not in compliance with the | ||
requirements of the MDDP if he or she: | ||
(1) tampers or attempts to tamper with or circumvent | ||
the proper operation of the ignition interlock device; | ||
(2) provides valid breath samples that register blood | ||
alcohol levels in excess of the number of times allowed | ||
under the rules; |
(3) fails to provide evidence sufficient to satisfy the | ||
Secretary that the ignition interlock device has been | ||
installed in the designated vehicle or vehicles; or | ||
(4) fails to follow any other applicable rules adopted | ||
by the Secretary. | ||
(i) Any person or entity that supplies an ignition | ||
interlock device as provided under this Section shall, in | ||
addition to supplying only those devices which fully comply | ||
with all the rules adopted under subsection (g), provide the | ||
Secretary, within 7 days of inspection, all monitoring reports | ||
of each person who has had an ignition interlock device | ||
installed. These reports shall be furnished in a manner or form | ||
as prescribed by the Secretary. | ||
(j) Upon making a determination that a violation of the | ||
requirements of the MDDP has occurred, the Secretary shall | ||
extend the summary suspension period for an additional 3 months | ||
beyond the originally imposed summary suspension period, | ||
during which time the person shall only be allowed to drive | ||
vehicles equipped with an ignition interlock device; provided | ||
further there are no limitations on the total number of times | ||
the summary suspension may be extended. The Secretary may, | ||
however, limit the number of extensions imposed for violations | ||
occurring during any one monitoring period, as set forth by | ||
rule. Any person whose summary suspension is extended pursuant | ||
to this Section shall have the right to contest the extension | ||
through a hearing with the Secretary, pursuant to Section 2-118 |
of this Code. If the summary suspension has already terminated | ||
prior to the Secretary receiving the monitoring report that | ||
shows a violation, the Secretary shall be authorized to suspend | ||
the person's driving privileges for 3 months, provided that the | ||
Secretary may, by rule, limit the number of suspensions to be | ||
entered pursuant to this paragraph for violations occurring | ||
during any one monitoring period. Any person whose license is | ||
suspended pursuant to this paragraph, after the summary | ||
suspension had already terminated, shall have the right to | ||
contest the suspension through a hearing with the Secretary, | ||
pursuant to Section 2-118 of this Code. The only permit the | ||
person shall be eligible for during this new suspension period | ||
is a MDDP. | ||
(k) A person who has had his or her summary suspension | ||
extended for the third time, or has any combination of 3 | ||
extensions and new suspensions, entered as a result of a | ||
violation that occurred while holding the MDDP, so long as the | ||
extensions and new suspensions relate to the same summary | ||
suspension, shall have his or her vehicle impounded for a | ||
period of 30 days, at the person's own expense. A person who | ||
has his or her summary suspension extended for the fourth time, | ||
or has any combination of 4 extensions and new suspensions, | ||
entered as a result of a violation that occurred while holding | ||
the MDDP, so long as the extensions and new suspensions relate | ||
to the same summary suspension, shall have his or her vehicle | ||
subject to seizure and forfeiture. The Secretary shall notify |
the prosecuting authority of any third or fourth extensions or | ||
new suspension entered as a result of a violation that occurred | ||
while the person held a MDDP. Upon receipt of the notification, | ||
the prosecuting authority shall impound or forfeit the vehicle. | ||
The impoundment or forfeiture of a vehicle shall be conducted | ||
pursuant to the procedure specified in Article 36 of the | ||
Criminal Code of 2012. | ||
(l) A person whose driving privileges have been suspended | ||
under Section 11-501.1 of this Code and who had a MDDP that was | ||
cancelled, or would have been cancelled had notification of a | ||
violation been received prior to expiration of the MDDP, | ||
pursuant to subsection (c-1) of this Section, shall not be | ||
eligible for reinstatement when the summary suspension is | ||
scheduled to terminate. Instead, the person's driving | ||
privileges shall be suspended for a period of not less than | ||
twice the original summary suspension period, or for the length | ||
of any extensions entered under subsection (j), whichever is | ||
longer. During the period of suspension, the person shall be | ||
eligible only to apply for a restricted driving permit. If a | ||
restricted driving permit is granted, the offender may only | ||
operate vehicles equipped with a BAIID in accordance with this | ||
Section. | ||
(m) Any person or entity that supplies an ignition | ||
interlock device under this Section shall, for each ignition | ||
interlock device installed, pay 5% of the total gross revenue | ||
received for the device, including monthly monitoring fees, |
into the Indigent BAIID Fund. This 5% shall be clearly | ||
indicated as a separate surcharge on each invoice that is | ||
issued. The Secretary shall conduct an annual review of the | ||
fund to determine whether the surcharge is sufficient to | ||
provide for indigent users. The Secretary may increase or | ||
decrease this surcharge requirement as needed. | ||
(n) Any person or entity that supplies an ignition | ||
interlock device under this Section that is requested to | ||
provide an ignition interlock device to a person who presents | ||
written documentation of indigency from the Secretary, as | ||
provided in subsection (c-5) of this Section, shall install the | ||
device on the person's vehicle without charge to the person and | ||
shall seek reimbursement from the Indigent BAIID Fund. | ||
(o) The Indigent BAIID Fund is created as a special fund in | ||
the State treasury. The Secretary shall, subject to | ||
appropriation by the General Assembly, use all money in the | ||
Indigent BAIID Fund to reimburse ignition interlock device | ||
providers who have installed devices in vehicles of indigent | ||
persons. The Secretary shall make payments to such providers | ||
every 3 months. If the amount of money in the fund at the time | ||
payments are made is not sufficient to pay all requests for | ||
reimbursement submitted during that 3 month period, the | ||
Secretary shall make payments on a pro-rata basis, and those | ||
payments shall be considered payment in full for the requests | ||
submitted. | ||
(p) The Monitoring Device Driving Permit Administration |
Fee Fund is created as a special fund in the State treasury. | ||
The Secretary shall, subject to appropriation by the General | ||
Assembly, use the money paid into this fund to offset its | ||
administrative costs for administering MDDPs.
| ||
(q) The Secretary is authorized to prescribe such forms as | ||
it deems necessary to carry out the provisions of this Section. | ||
(Source: P.A. 97-229, eff. 7-28-11; 97-813, eff. 7-13-12; | ||
97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1015, eff. | ||
8-22-14.) | ||
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | ||
Sec. 6-208.1. Period of statutory summary alcohol, other | ||
drug,
or intoxicating compound related suspension or | ||
revocation. | ||
(a) Unless the statutory summary suspension has been | ||
rescinded, any
person whose privilege to drive a motor vehicle | ||
on the public highways has
been summarily suspended, pursuant | ||
to Section 11-501.1, shall not be
eligible for restoration of | ||
the privilege until the expiration of: | ||
1. twelve months from the effective date of the | ||
statutory summary suspension
for a refusal or failure to | ||
complete a test or tests to determine the alcohol, other | ||
drug, or intoxicating compound concentration authorized | ||
under
Section 11-501.1, if the person was not involved in a | ||
motor vehicle accident that caused personal injury or death | ||
to another; or |
2. six months from the effective date of the statutory | ||
summary
suspension imposed following the person's | ||
submission to a chemical test
which disclosed an alcohol | ||
concentration of 0.08 or more, or any
amount
of a
drug, | ||
substance, or intoxicating compound in such 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, an intoxicating compound listed in the Use | ||
of Intoxicating
Compounds Act, or methamphetamine as | ||
listed in the Methamphetamine Control and Community | ||
Protection Act, pursuant to Section 11-501.1; or | ||
3. three years from the effective date of the statutory | ||
summary suspension
for any person other than a first | ||
offender who refuses or fails to
complete a test or tests | ||
to determine the alcohol, drug, or
intoxicating
compound | ||
concentration
pursuant to Section 11-501.1; or | ||
4. one year from the effective date of the summary | ||
suspension imposed
for any person other than a first | ||
offender following submission to a
chemical test which | ||
disclosed an alcohol concentration of 0.08 or
more
pursuant | ||
to Section 11-501.1 or any amount of a drug, substance or
| ||
compound in such person's 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, an
intoxicating
|
compound listed in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act; or | ||
5. (Blank). six months from the effective date of the | ||
statutory summary suspension imposed for any person | ||
following submission to a standardized field sobriety test | ||
that disclosed impairment if the person is a qualifying | ||
patient licensed under the Compassionate Use of Medical | ||
Cannabis Pilot Program Act who is in possession of a valid | ||
registry card issued under that Act and submitted to | ||
testing under subsection (a-5) of Section 11-501.1. | ||
(b) Following a statutory summary suspension of the | ||
privilege to drive a
motor vehicle under Section 11-501.1, | ||
driving privileges shall be
restored unless the person is | ||
otherwise suspended, revoked, or cancelled by this Code. If
the | ||
court has reason to believe that the person's
driving privilege | ||
should not be restored, the court shall notify
the Secretary of | ||
State prior to the expiration of the statutory summary
| ||
suspension so appropriate action may be taken pursuant to this | ||
Code. | ||
(c) Driving privileges may not be restored until all | ||
applicable
reinstatement fees, as provided by this Code, have | ||
been paid to the Secretary
of State and the appropriate entry | ||
made to the driver's record. | ||
(d) Where a driving privilege has been summarily suspended | ||
or revoked under Section
11-501.1 and the person is |
subsequently convicted of violating Section
11-501, or a | ||
similar provision of a local ordinance, for the same incident,
| ||
any period served on statutory summary suspension or revocation | ||
shall be credited toward
the minimum period of revocation of | ||
driving privileges imposed pursuant to
Section 6-205. | ||
(e) A first offender who refused chemical testing and whose | ||
driving privileges were summarily revoked pursuant to Section | ||
11-501.1 shall not be eligible for a monitoring device driving | ||
permit, but may make application for reinstatement or for a | ||
restricted driving permit after a period of one year has | ||
elapsed from the effective date of the revocation. | ||
(f) (Blank). | ||
(g) Following a statutory summary suspension of driving | ||
privileges
pursuant to Section 11-501.1 where the person was | ||
not a first offender, as
defined in Section 11-500, the | ||
Secretary of State may not issue a
restricted driving permit. | ||
(h) (Blank). | ||
(Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14; | ||
98-1015, eff. 8-22-14.)
| ||
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||
(Text of Section before amendment by P.A. 98-176 )
| ||
Sec. 6-514. Commercial driver's license (CDL); commercial | ||
learner's permit (CLP); disqualifications.
| ||
(a) A person shall be disqualified from driving a | ||
commercial motor
vehicle for a period of not less than 12 |
months for the first violation of:
| ||
(1) Refusing to submit to or failure to complete a test | ||
or tests to determine the driver's blood concentration of | ||
alcohol, other drug, or both authorized under Section | ||
11-501.1
while driving a commercial motor vehicle or, if | ||
the driver is a CDL holder, while driving a non-CMV; or
| ||
(2) Operating a commercial motor vehicle while the | ||
alcohol
concentration of the person's blood, breath or | ||
urine is at least 0.04, or any
amount of a drug, substance, | ||
or compound in the person's 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 methamphetamine as | ||
listed in the Methamphetamine Control and Community | ||
Protection Act as indicated by a police officer's sworn | ||
report or
other verified evidence; or operating a | ||
non-commercial motor vehicle while the alcohol | ||
concentration of the person's blood, breath, or urine was | ||
above the legal limit defined in Section 11-501.1 or | ||
11-501.8 or any amount of a drug, substance, or compound in | ||
the person's 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 methamphetamine as listed in | ||
the Methamphetamine Control and Community Protection Act
| ||
as indicated by a police officer's sworn report or other |
verified evidence while holding a commercial driver's | ||
license; or
| ||
(3) Conviction for a first violation of:
| ||
(i) Driving a commercial motor vehicle or, if the | ||
driver is a CDL holder, driving a non-CMV while under | ||
the influence of
alcohol, or any other drug, or | ||
combination of drugs to a degree which
renders such | ||
person incapable of safely driving; or
| ||
(ii) Knowingly leaving the scene of an accident | ||
while
operating a commercial motor vehicle or, if the | ||
driver is a CDL holder, while driving a non-CMV; or
| ||
(iii) Driving a commercial motor vehicle or, if the | ||
driver is a CDL holder, driving a non-CMV while | ||
committing any felony; or | ||
(iv) Driving a commercial motor vehicle while the | ||
person's driving privileges or driver's license or | ||
permit is revoked, suspended, or cancelled or the | ||
driver is disqualified from operating a commercial | ||
motor vehicle; or | ||
(v) Causing a fatality through the negligent | ||
operation of a commercial motor vehicle, including but | ||
not limited to the crimes of motor vehicle | ||
manslaughter, homicide by a motor vehicle, and | ||
negligent homicide. | ||
As used in this subdivision (a)(3)(v), "motor | ||
vehicle manslaughter" means the offense of involuntary |
manslaughter if committed by means of a vehicle; | ||
"homicide by a motor vehicle" means the offense of | ||
first degree murder or second degree murder, if either | ||
offense is committed by means of a vehicle; and | ||
"negligent homicide" means reckless homicide under | ||
Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 and aggravated driving under the | ||
influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof under subdivision (d)(1)(F) of Section 11-501 | ||
of this Code.
| ||
If any of the above violations or refusals occurred | ||
while
transporting hazardous material(s) required to be | ||
placarded, the person
shall be disqualified for a period of | ||
not less than 3 years; or
| ||
(4) (Blank). If the person is a qualifying patient | ||
licensed under the Compassionate Use of Medical Cannabis | ||
Pilot Program Act who is in possession of a valid registry | ||
card issued under that Act, operating a commercial motor | ||
vehicle under impairment resulting from the consumption of | ||
cannabis, as determined by failure of standardized field | ||
sobriety tests administered by a law enforcement officer as | ||
directed by subsection (a-5) of Section 11-501.2. | ||
(b) A person is disqualified for life for a second | ||
conviction of any of
the offenses specified in paragraph (a), | ||
or any combination of those
offenses, arising from 2 or more |
separate incidents.
| ||
(c) A person is disqualified from driving a commercial | ||
motor vehicle for
life if the person either (i) uses a | ||
commercial motor vehicle in the commission of any felony
| ||
involving the manufacture, distribution, or dispensing of a | ||
controlled
substance, or possession with intent to | ||
manufacture, distribute or dispense
a controlled substance or | ||
(ii) if the person is a CDL holder, uses a non-CMV in the | ||
commission of a felony involving any of those activities.
| ||
(d) The Secretary of State may, when the United States | ||
Secretary of
Transportation so authorizes, issue regulations | ||
in which a disqualification
for life under paragraph (b) may be | ||
reduced to a period of not less than 10
years.
If a reinstated | ||
driver is subsequently convicted of another disqualifying
| ||
offense, as specified in subsection (a) of this Section, he or | ||
she shall be
permanently disqualified for life and shall be | ||
ineligible to again apply for a
reduction of the lifetime | ||
disqualification.
| ||
(e) A person is disqualified from driving a commercial | ||
motor vehicle for
a period of not less than 2 months if | ||
convicted of 2 serious traffic
violations, committed in a | ||
commercial motor vehicle, non-CMV while holding a CDL, or any | ||
combination thereof, arising from separate
incidents, | ||
occurring within a 3 year period, provided the serious traffic | ||
violation committed in a non-CMV would result in the suspension | ||
or revocation of the CDL holder's non-CMV privileges. However, |
a person will be
disqualified from driving a commercial motor | ||
vehicle for a period of not less
than 4 months if convicted of | ||
3 serious traffic violations, committed in a
commercial motor | ||
vehicle, non-CMV while holding a CDL, or any combination | ||
thereof, arising from separate incidents, occurring within a 3
| ||
year period, provided the serious traffic violation committed | ||
in a non-CMV would result in the suspension or revocation of | ||
the CDL holder's non-CMV privileges. If all the convictions | ||
occurred in a non-CMV, the disqualification shall be entered | ||
only if the convictions would result in the suspension or | ||
revocation of the CDL holder's non-CMV privileges.
| ||
(e-1) (Blank).
| ||
(f) Notwithstanding any other provision of this Code, any | ||
driver
disqualified from operating a commercial motor vehicle, | ||
pursuant to this
UCDLA, shall not be eligible for restoration | ||
of commercial driving
privileges during any such period of | ||
disqualification.
| ||
(g) After suspending, revoking, or cancelling a commercial | ||
driver's
license, the Secretary of State must update the | ||
driver's records to reflect
such action within 10 days. After | ||
suspending or revoking the driving privilege
of any person who | ||
has been issued a CDL or commercial driver instruction permit
| ||
from another jurisdiction, the Secretary shall originate | ||
notification to
such issuing jurisdiction within 10 days.
| ||
(h) The "disqualifications" referred to in this Section | ||
shall not be
imposed upon any commercial motor vehicle driver, |
by the Secretary of
State, unless the prohibited action(s) | ||
occurred after March 31, 1992.
| ||
(i) A person is disqualified from driving a commercial | ||
motor vehicle in
accordance with the following:
| ||
(1) For 6 months upon a first conviction of paragraph | ||
(2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||
of this Code.
| ||
(2) For 2 years upon a second conviction of paragraph | ||
(2) of subsection
(b) or subsection (b-3) or any | ||
combination of paragraphs (2) or (3) of subsection (b) or | ||
subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the second conviction is a | ||
violation of paragraph (2) of subsection (b) or subsection | ||
(b-3).
| ||
(3) For 3 years upon a third or subsequent conviction | ||
of paragraph (2) of
subsection (b) or subsection (b-3) or | ||
any combination of paragraphs (2) or (3) of subsection (b) | ||
or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the third or subsequent | ||
conviction is a violation of paragraph (2) of subsection | ||
(b) or subsection (b-3).
| ||
(4) For one year upon a first conviction of paragraph | ||
(3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||
of this Code.
| ||
(5) For 3 years upon a second conviction of paragraph | ||
(3) of subsection
(b) or subsection (b-5) or any |
combination of paragraphs (2) or (3) of subsection (b) or | ||
subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the second conviction is a | ||
violation of paragraph (3) of subsection (b) or (b-5).
| ||
(6) For 5 years upon a third or subsequent conviction | ||
of paragraph (3) of
subsection (b) or subsection (b-5) or | ||
any combination of paragraphs (2) or (3) of subsection (b) | ||
or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the third or subsequent | ||
conviction is a violation of paragraph (3) of subsection | ||
(b) or (b-5).
| ||
(j) Disqualification for railroad-highway grade crossing
| ||
violation.
| ||
(1) General rule. A driver who is convicted of a | ||
violation of a federal,
State, or
local law or regulation | ||
pertaining to
one of the following 6 offenses at a | ||
railroad-highway grade crossing must be
disqualified
from | ||
operating a commercial motor vehicle for the period of time | ||
specified in
paragraph (2) of this subsection (j) if the | ||
offense was committed while
operating a commercial motor | ||
vehicle:
| ||
(i) For drivers who are not required to always | ||
stop, failing to
slow down and check that the tracks | ||
are clear of an approaching train or railroad track | ||
equipment, as
described in subsection (a-5) of Section | ||
11-1201 of this Code;
|
(ii) For drivers who are not required to always | ||
stop, failing to
stop before reaching the crossing, if | ||
the tracks are not clear, as described in
subsection | ||
(a) of Section 11-1201 of this Code;
| ||
(iii) For drivers who are always required to stop, | ||
failing to stop
before driving onto the crossing, as | ||
described in Section 11-1202 of this Code;
| ||
(iv) For all drivers, failing to have sufficient | ||
space to drive
completely through the crossing without | ||
stopping, as described in subsection
(b) of Section | ||
11-1425 of this Code;
| ||
(v) For all drivers, failing to obey a traffic | ||
control device or
the directions of an enforcement | ||
official at the crossing, as described in
subdivision | ||
(a)2 of Section 11-1201 of this Code;
| ||
(vi) For all drivers, failing to negotiate a | ||
crossing because of
insufficient undercarriage | ||
clearance, as described in subsection (d-1) of
Section | ||
11-1201 of this Code.
| ||
(2) Duration of disqualification for railroad-highway | ||
grade
crossing violation.
| ||
(i) First violation. A driver must be disqualified | ||
from operating a
commercial motor vehicle
for not less | ||
than 60 days if the driver is convicted of a violation | ||
described
in paragraph
(1) of this subsection (j) and, | ||
in the three-year period preceding the
conviction, the |
driver
had no convictions for a violation described in | ||
paragraph (1) of this
subsection (j).
| ||
(ii) Second violation. A driver must be | ||
disqualified from operating a
commercial
motor vehicle
| ||
for not less
than 120 days if the driver is convicted
| ||
of a violation described in paragraph (1) of this | ||
subsection (j) and, in the
three-year
period preceding | ||
the conviction, the driver had one other conviction for | ||
a
violation
described in paragraph (1) of this | ||
subsection (j) that was committed in a
separate
| ||
incident.
| ||
(iii) Third or subsequent violation. A driver must | ||
be disqualified from
operating a
commercial motor | ||
vehicle
for not less than one year if the driver is | ||
convicted
of a violation described in paragraph (1) of | ||
this subsection (j) and, in the
three-year
period | ||
preceding the conviction, the driver had 2 or more | ||
other convictions for
violations
described in | ||
paragraph (1) of this subsection (j) that were | ||
committed in
separate incidents.
| ||
(k) Upon notification of a disqualification of a driver's | ||
commercial motor vehicle privileges imposed by the U.S. | ||
Department of Transportation, Federal Motor Carrier Safety | ||
Administration, in accordance with 49 C.F.R. 383.52, the | ||
Secretary of State shall immediately record to the driving | ||
record the notice of disqualification and confirm to the driver |
the action that has been taken.
| ||
(l) A foreign commercial driver is subject to | ||
disqualification under this Section. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||
98-122, eff. 1-1-14; 98-722, eff. 7-16-14; 98-756, eff. | ||
7-16-14.) | ||
(Text of Section after amendment by P.A. 98-176 )
| ||
Sec. 6-514. Commercial driver's license (CDL); commercial | ||
learner's permit (CLP); disqualifications.
| ||
(a) A person shall be disqualified from driving a | ||
commercial motor
vehicle for a period of not less than 12 | ||
months for the first violation of:
| ||
(1) Refusing to submit to or failure to complete a test | ||
or tests to determine the driver's blood concentration of | ||
alcohol, other drug, or both authorized under Section | ||
11-501.1
while driving a commercial motor vehicle or, if | ||
the driver is a CLP or CDL holder, while driving a non-CMV; | ||
or
| ||
(2) Operating a commercial motor vehicle while the | ||
alcohol
concentration of the person's blood, breath or | ||
urine is at least 0.04, or any
amount of a drug, substance, | ||
or compound in the person's 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 methamphetamine as |
listed in the Methamphetamine Control and Community | ||
Protection Act as indicated by a police officer's sworn | ||
report or
other verified evidence; or operating a | ||
non-commercial motor vehicle while the alcohol | ||
concentration of the person's blood, breath, or urine was | ||
above the legal limit defined in Section 11-501.1 or | ||
11-501.8 or any amount of a drug, substance, or compound in | ||
the person's 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 methamphetamine as listed in | ||
the Methamphetamine Control and Community Protection Act
| ||
as indicated by a police officer's sworn report or other | ||
verified evidence while holding a CLP or CDL; or
| ||
(3) Conviction for a first violation of:
| ||
(i) Driving a commercial motor vehicle or, if the | ||
driver is a CLP or CDL holder, driving a non-CMV while | ||
under the influence of
alcohol, or any other drug, or | ||
combination of drugs to a degree which
renders such | ||
person incapable of safely driving; or
| ||
(ii) Knowingly leaving the scene of an accident | ||
while
operating a commercial motor vehicle or, if the | ||
driver is a CLP or CDL holder, while driving a non-CMV; | ||
or
| ||
(iii) Driving a commercial motor vehicle or, if the | ||
driver is a CLP or CDL holder, driving a non-CMV while |
committing any felony; or | ||
(iv) Driving a commercial motor vehicle while the | ||
person's driving privileges or driver's license or | ||
permit is revoked, suspended, or cancelled or the | ||
driver is disqualified from operating a commercial | ||
motor vehicle; or | ||
(v) Causing a fatality through the negligent | ||
operation of a commercial motor vehicle, including but | ||
not limited to the crimes of motor vehicle | ||
manslaughter, homicide by a motor vehicle, and | ||
negligent homicide. | ||
As used in this subdivision (a)(3)(v), "motor | ||
vehicle manslaughter" means the offense of involuntary | ||
manslaughter if committed by means of a vehicle; | ||
"homicide by a motor vehicle" means the offense of | ||
first degree murder or second degree murder, if either | ||
offense is committed by means of a vehicle; and | ||
"negligent homicide" means reckless homicide under | ||
Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 and aggravated driving under the | ||
influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof under subdivision (d)(1)(F) of Section 11-501 | ||
of this Code.
| ||
If any of the above violations or refusals occurred | ||
while
transporting hazardous material(s) required to be |
placarded, the person
shall be disqualified for a period of | ||
not less than 3 years; or
| ||
(4) (Blank). If the person is a qualifying patient | ||
licensed under the Compassionate Use of Medical Cannabis | ||
Pilot Program Act who is in possession of a valid registry | ||
card issued under that Act, operating a commercial motor | ||
vehicle under impairment resulting from the consumption of | ||
cannabis, as determined by failure of standardized field | ||
sobriety tests administered by a law enforcement officer as | ||
directed by subsection (a-5) of Section 11-501.2. | ||
(b) A person is disqualified for life for a second | ||
conviction of any of
the offenses specified in paragraph (a), | ||
or any combination of those
offenses, arising from 2 or more | ||
separate incidents.
| ||
(c) A person is disqualified from driving a commercial | ||
motor vehicle for
life if the person either (i) uses a | ||
commercial motor vehicle in the commission of any felony
| ||
involving the manufacture, distribution, or dispensing of a | ||
controlled
substance, or possession with intent to | ||
manufacture, distribute or dispense
a controlled substance or | ||
(ii) if the person is a CLP or CDL holder, uses a non-CMV in the | ||
commission of a felony involving any of those activities.
| ||
(d) The Secretary of State may, when the United States | ||
Secretary of
Transportation so authorizes, issue regulations | ||
in which a disqualification
for life under paragraph (b) may be | ||
reduced to a period of not less than 10
years.
If a reinstated |
driver is subsequently convicted of another disqualifying
| ||
offense, as specified in subsection (a) of this Section, he or | ||
she shall be
permanently disqualified for life and shall be | ||
ineligible to again apply for a
reduction of the lifetime | ||
disqualification.
| ||
(e) A person is disqualified from driving a commercial | ||
motor vehicle for
a period of not less than 2 months if | ||
convicted of 2 serious traffic
violations, committed in a | ||
commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||
or any combination thereof, arising from separate
incidents, | ||
occurring within a 3 year period, provided the serious traffic | ||
violation committed in a non-CMV would result in the suspension | ||
or revocation of the CLP or CDL holder's non-CMV privileges. | ||
However, a person will be
disqualified from driving a | ||
commercial motor vehicle for a period of not less
than 4 months | ||
if convicted of 3 serious traffic violations, committed in a
| ||
commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||
or any combination thereof, arising from separate incidents, | ||
occurring within a 3
year period, provided the serious traffic | ||
violation committed in a non-CMV would result in the suspension | ||
or revocation of the CLP or CDL holder's non-CMV privileges. If | ||
all the convictions occurred in a non-CMV, the disqualification | ||
shall be entered only if the convictions would result in the | ||
suspension or revocation of the CLP or CDL holder's non-CMV | ||
privileges.
| ||
(e-1) (Blank).
|
(f) Notwithstanding any other provision of this Code, any | ||
driver
disqualified from operating a commercial motor vehicle, | ||
pursuant to this
UCDLA, shall not be eligible for restoration | ||
of commercial driving
privileges during any such period of | ||
disqualification.
| ||
(g) After suspending, revoking, or cancelling a CLP or CDL, | ||
the Secretary of State must update the driver's records to | ||
reflect
such action within 10 days. After suspending or | ||
revoking the driving privilege
of any person who has been | ||
issued a CLP or CDL from another jurisdiction, the Secretary | ||
shall originate notification to
such issuing jurisdiction | ||
within 10 days.
| ||
(h) The "disqualifications" referred to in this Section | ||
shall not be
imposed upon any commercial motor vehicle driver, | ||
by the Secretary of
State, unless the prohibited action(s) | ||
occurred after March 31, 1992.
| ||
(i) A person is disqualified from driving a commercial | ||
motor vehicle in
accordance with the following:
| ||
(1) For 6 months upon a first conviction of paragraph | ||
(2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||
of this Code.
| ||
(2) For 2 years upon a second conviction of paragraph | ||
(2) of subsection
(b) or subsection (b-3) or any | ||
combination of paragraphs (2) or (3) of subsection (b) or | ||
subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the second conviction is a |
violation of paragraph (2) of subsection (b) or subsection | ||
(b-3).
| ||
(3) For 3 years upon a third or subsequent conviction | ||
of paragraph (2) of
subsection (b) or subsection (b-3) or | ||
any combination of paragraphs (2) or (3) of subsection (b) | ||
or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the third or subsequent | ||
conviction is a violation of paragraph (2) of subsection | ||
(b) or subsection (b-3).
| ||
(4) For one year upon a first conviction of paragraph | ||
(3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||
of this Code.
| ||
(5) For 3 years upon a second conviction of paragraph | ||
(3) of subsection
(b) or subsection (b-5) or any | ||
combination of paragraphs (2) or (3) of subsection (b) or | ||
subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the second conviction is a | ||
violation of paragraph (3) of subsection (b) or (b-5).
| ||
(6) For 5 years upon a third or subsequent conviction | ||
of paragraph (3) of
subsection (b) or subsection (b-5) or | ||
any combination of paragraphs (2) or (3) of subsection (b) | ||
or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the third or subsequent | ||
conviction is a violation of paragraph (3) of subsection | ||
(b) or (b-5).
| ||
(j) Disqualification for railroad-highway grade crossing
|
violation.
| ||
(1) General rule. A driver who is convicted of a | ||
violation of a federal,
State, or
local law or regulation | ||
pertaining to
one of the following 6 offenses at a | ||
railroad-highway grade crossing must be
disqualified
from | ||
operating a commercial motor vehicle for the period of time | ||
specified in
paragraph (2) of this subsection (j) if the | ||
offense was committed while
operating a commercial motor | ||
vehicle:
| ||
(i) For drivers who are not required to always | ||
stop, failing to
slow down and check that the tracks | ||
are clear of an approaching train or railroad track | ||
equipment, as
described in subsection (a-5) of Section | ||
11-1201 of this Code;
| ||
(ii) For drivers who are not required to always | ||
stop, failing to
stop before reaching the crossing, if | ||
the tracks are not clear, as described in
subsection | ||
(a) of Section 11-1201 of this Code;
| ||
(iii) For drivers who are always required to stop, | ||
failing to stop
before driving onto the crossing, as | ||
described in Section 11-1202 of this Code;
| ||
(iv) For all drivers, failing to have sufficient | ||
space to drive
completely through the crossing without | ||
stopping, as described in subsection
(b) of Section | ||
11-1425 of this Code;
| ||
(v) For all drivers, failing to obey a traffic |
control device or
the directions of an enforcement | ||
official at the crossing, as described in
subdivision | ||
(a)2 of Section 11-1201 of this Code;
| ||
(vi) For all drivers, failing to negotiate a | ||
crossing because of
insufficient undercarriage | ||
clearance, as described in subsection (d-1) of
Section | ||
11-1201 of this Code.
| ||
(2) Duration of disqualification for railroad-highway | ||
grade
crossing violation.
| ||
(i) First violation. A driver must be disqualified | ||
from operating a
commercial motor vehicle
for not less | ||
than 60 days if the driver is convicted of a violation | ||
described
in paragraph
(1) of this subsection (j) and, | ||
in the three-year period preceding the
conviction, the | ||
driver
had no convictions for a violation described in | ||
paragraph (1) of this
subsection (j).
| ||
(ii) Second violation. A driver must be | ||
disqualified from operating a
commercial
motor vehicle
| ||
for not less
than 120 days if the driver is convicted
| ||
of a violation described in paragraph (1) of this | ||
subsection (j) and, in the
three-year
period preceding | ||
the conviction, the driver had one other conviction for | ||
a
violation
described in paragraph (1) of this | ||
subsection (j) that was committed in a
separate
| ||
incident.
| ||
(iii) Third or subsequent violation. A driver must |
be disqualified from
operating a
commercial motor | ||
vehicle
for not less than one year if the driver is | ||
convicted
of a violation described in paragraph (1) of | ||
this subsection (j) and, in the
three-year
period | ||
preceding the conviction, the driver had 2 or more | ||
other convictions for
violations
described in | ||
paragraph (1) of this subsection (j) that were | ||
committed in
separate incidents.
| ||
(k) Upon notification of a disqualification of a driver's | ||
commercial motor vehicle privileges imposed by the U.S. | ||
Department of Transportation, Federal Motor Carrier Safety | ||
Administration, in accordance with 49 C.F.R. 383.52, the | ||
Secretary of State shall immediately record to the driving | ||
record the notice of disqualification and confirm to the driver | ||
the action that has been taken.
| ||
(l) A foreign commercial driver is subject to | ||
disqualification under this Section. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||
98-122, eff. 1-1-14; 98-176, eff. 7-8-15 (see Section 10 of | ||
P.A. 98-722 for the effective date of changes made by P.A. | ||
98-176); 98-722, eff. 7-16-14; 98-756, eff. 7-16-14.)
| ||
(625 ILCS 5/11-501.1)
| ||
Sec. 11-501.1. Suspension of drivers license; statutory | ||
summary
alcohol, other drug or drugs, or intoxicating compound | ||
or
compounds related suspension or revocation; 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.
| ||
If a law enforcement officer has probable cause to believe the | ||
person was under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof, the law enforcement officer shall request a chemical | ||
test or tests which 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. | ||
(a-5) (Blank). In addition to the requirements and | ||
provisions of subsection (a), any person issued a registry card | ||
under the Compassionate Use of Medical Cannabis Pilot Program | ||
Act 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 standardized field sobriety tests approved by the | ||
National Highway Traffic Safety Administration 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 person's status as a registry card holder alone is not a | ||
sufficient basis for conducting these tests. The officer must |
have an independent, cannabis-related factual basis giving | ||
reasonable suspicion that the person is driving under the | ||
influence of cannabis for conducting standardized field | ||
sobriety tests. This independent basis of suspicion shall be | ||
listed on the standardized field sobriety test results and any | ||
influence reports made by the arresting officer. | ||
(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, and will also result in the disqualification of the | ||
person's privilege to operate a commercial motor vehicle, as | ||
provided in Section 6-514 of this Code, if the person is a CDL | ||
holder. The person shall also be warned that a refusal to | ||
submit to the test, when the person was involved in a motor | ||
vehicle accident that caused personal injury or death to | ||
another, will result in the statutory summary revocation of the | ||
person's privilege to operate a motor vehicle, as provided in | ||
Section 6-208.1, and will also result in the disqualification |
of the person's privilege to operate a commercial motor | ||
vehicle, as provided in Section 6-514 of this Code, if the | ||
person is a CDL holder. 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, an | ||
intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is | ||
detected in the person's
blood or urine, or if the person fails | ||
the standardized field sobriety tests as required by paragraph | ||
(a-5), 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, and a disqualification of
the person's | ||
privilege to operate a commercial motor vehicle, as provided in | ||
Section 6-514 of this Code, if the person is a CDL holder, 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) or (a-5) 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 or | ||
the Criminal Code of 2012. 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, an intoxicating compound listed in the Use of | ||
Intoxicating Compounds
Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection 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) or (a-5) 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. A sworn report | ||
indicating refusal or failure of testing under paragraph (a-5) | ||
of this Section shall include the factual basis of the | ||
arresting officer's reasonable suspicion that the person was | ||
under the influence of cannabis. The person's possession of a | ||
valid registry card under the Compassionate Use of Medical | ||
Cannabis Pilot Program Act alone is not sufficient basis for | ||
reasonable suspicion. | ||
(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 or revocation and | ||
disqualification for the periods specified in Sections
6-208.1 | ||
and 6-514, respectively,
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, unless the | ||
person is a CDL holder, is operating a commercial motor vehicle | ||
or vehicle required to be placarded for hazardous materials, in | ||
which case the suspension shall not be privileged. 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. A statutory summary | ||
revocation shall not be privileged information. | ||
(f) The law enforcement officer submitting the sworn report | ||
under paragraph
(d) shall serve immediate notice of the | ||
statutory summary suspension or revocation on the
person and | ||
the suspension or revocation and disqualification shall be | ||
effective as provided in paragraph (g). | ||
(1) 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,
an intoxicating compound
listed in the Use | ||
of Intoxicating Compounds Act, or methamphetamine as | ||
listed in the Methamphetamine Control and Community | ||
Protection 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 and disqualification 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). | ||
(2) (Blank). In cases indicating refusal or failure of | ||
testing under paragraph (a-5) of this Section 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 or her address as shown on | ||
the Uniform Traffic Ticket and the statutory summary | ||
suspension and disqualification shall begin as provided in | ||
paragraph (g). This notice shall include the factual basis | ||
of the arresting officer's reasonable suspicion that the | ||
person was under the influence of cannabis. The person's | ||
possession of a valid registry card under the Compassionate | ||
Use of Medical Cannabis Pilot Program Act alone is not | ||
sufficient basis for reasonable suspicion. | ||
(g) The statutory summary suspension or revocation and | ||
disqualification
referred to in this Section shall
take effect |
on the 46th day following the date the notice of the statutory
| ||
summary suspension or revocation 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 or revocation by
mailing a notice of the | ||
effective date of the suspension or revocation to the person | ||
and
the court of venue. The Secretary of State shall also mail | ||
notice of the effective date of the disqualification to the | ||
person. However, should the sworn report be defective by not
| ||
containing sufficient information or be completed in error, the
| ||
confirmation of the statutory summary suspension or revocation | ||
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. | ||
(i) As used in this Section, "personal injury" includes any | ||
Type A injury as indicated on the traffic accident report | ||
completed by a law enforcement officer that requires immediate | ||
professional attention in either a doctor's office or a medical | ||
facility. A Type A injury includes severely bleeding wounds, | ||
distorted extremities, and injuries that require the injured | ||
party to be carried from the scene. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; |
97-1150, eff. 1-25-13; 98-122, eff. 1-1-14.)
| ||
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||
Sec. 11-501.2. Chemical and other tests.
| ||
(a) Upon the trial of any civil or criminal action or | ||
proceeding arising out
of an arrest for an offense as defined | ||
in Section 11-501 or a similar local
ordinance or proceedings | ||
pursuant to Section 2-118.1, evidence of the
concentration of | ||
alcohol, other drug or drugs, or intoxicating compound or
| ||
compounds, or any combination thereof in a person's blood
or | ||
breath at the time alleged, as determined by analysis of the | ||
person's blood,
urine, breath or other bodily substance, shall | ||
be admissible. Where such test
is made the following provisions | ||
shall apply:
| ||
1. Chemical analyses 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
a licensed physician, | ||
registered nurse, trained phlebotomist, licensed | ||
paramedic, or other 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 such analyses, to | ||
issue permits which shall be subject
to termination or |
revocation at the discretion of that Department and to
| ||
certify the accuracy of breath testing equipment. The | ||
Department
of
State Police shall prescribe regulations as | ||
necessary to
implement this
Section.
| ||
2. When a person in this State shall submit to a blood | ||
test at the request
of a law enforcement officer under the | ||
provisions of Section 11-501.1, only a
physician | ||
authorized to practice medicine, a licensed physician | ||
assistant, a licensed advanced practice nurse, a | ||
registered nurse, trained
phlebotomist, or licensed | ||
paramedic, or other
qualified person approved by the | ||
Department of State Police may withdraw blood
for the | ||
purpose of determining the alcohol, drug, or alcohol and | ||
drug content
therein. This limitation shall not apply to | ||
the taking of breath or urine
specimens.
| ||
When a blood test of a person who has been taken to an | ||
adjoining state
for medical treatment is requested by an | ||
Illinois law enforcement officer,
the blood may be | ||
withdrawn only by a physician authorized to practice
| ||
medicine in the adjoining state, a licensed physician | ||
assistant, a licensed advanced practice nurse, a | ||
registered nurse, a trained
phlebotomist acting under the | ||
direction of the physician, or licensed
paramedic. The law
| ||
enforcement officer requesting the test shall take custody | ||
of the blood
sample, and the blood sample shall be analyzed | ||
by a laboratory certified by the
Department of State Police |
for that purpose.
| ||
3. The person tested may have a physician, or a | ||
qualified technician,
chemist, registered nurse, or other | ||
qualified person of their own choosing
administer a | ||
chemical test or tests in addition to any 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 admission of evidence
relating to the test | ||
or tests taken at the direction of a law enforcement
| ||
officer.
| ||
4. Upon the request of the person who shall submit 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 such
person's | ||
attorney.
| ||
5. Alcohol concentration shall mean either grams of | ||
alcohol per 100
milliliters of blood or grams of alcohol | ||
per 210 liters of breath.
| ||
(a-5) Law enforcement officials may use standardized field | ||
sobriety tests approved by the National Highway Traffic Safety | ||
Administration when conducting investigations of a violation | ||
of Section 11-501 or similar local ordinance by drivers | ||
suspected of driving under the influence of cannabis. The | ||
General Assembly finds that standardized field sobriety tests | ||
approved by the National Highway Traffic Safety Administration | ||
are divided attention tasks that are intended to determine if a |
person is under the influence of cannabis. The purpose of these | ||
tests is to determine the effect of the use of cannabis on a | ||
person's capacity to think and act with ordinary care and | ||
therefore operate a motor vehicle safely. Therefore, the | ||
results of these standardized field sobriety tests, | ||
appropriately administered, shall be admissible in the trial of | ||
any civil or criminal action or proceeding arising out of an | ||
arrest for a cannabis-related offense as defined in Section | ||
11-501 or a similar local ordinance or proceedings under | ||
Section 2-118.1 or 2-118.2 . Where a test is made the following | ||
provisions shall apply: | ||
1. The person tested may have a physician, or a | ||
qualified technician, chemist, registered nurse, or other | ||
qualified person of their own choosing administer a | ||
chemical test or tests in addition to the standardized | ||
field sobriety test or tests administered at the direction | ||
of a law enforcement officer. The failure or inability to | ||
obtain an additional test by a person does not preclude the | ||
admission of evidence relating to the test or tests taken | ||
at the direction of a law enforcement officer. | ||
2. Upon the request of the person who shall submit to a | ||
standardized field sobriety 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 the | ||
person's attorney. | ||
3. At the trial of any civil or criminal action or |
proceeding arising out of an arrest for an offense as | ||
defined in Section 11-501 or a similar local ordinance or | ||
proceedings under Section 2-118.1 or 2-118.2 in which the | ||
results of these standardized field sobriety tests are | ||
admitted, the cardholder may present and the trier of fact | ||
may consider evidence that the card holder lacked the | ||
physical capacity to perform the standardized field | ||
sobriety tests. | ||
(b) Upon the trial of any civil or criminal action or | ||
proceeding arising
out of acts alleged to have been committed | ||
by any person while driving or
in actual physical control of a | ||
vehicle while under the influence of alcohol,
the concentration | ||
of alcohol in the person's blood or breath at the time
alleged | ||
as shown by analysis of the person's blood, urine, breath, or | ||
other
bodily substance shall give rise to the following | ||
presumptions:
| ||
1. If there was at that time an alcohol concentration | ||
of 0.05 or less,
it shall be presumed that the person was | ||
not under the influence of alcohol.
| ||
2. If there was at that time an alcohol concentration | ||
in excess of 0.05
but less than 0.08, such facts shall not | ||
give rise to any
presumption that
the person was or was not | ||
under the influence of alcohol, but such fact
may be | ||
considered with other competent evidence in determining | ||
whether the
person was under the influence of alcohol.
| ||
3. If there was at that time an alcohol concentration |
of 0.08
or more,
it shall be presumed that the person was | ||
under the influence of alcohol.
| ||
4. The foregoing provisions of this Section shall not | ||
be construed as
limiting the introduction of any other | ||
relevant evidence bearing upon the
question whether the | ||
person was under the influence of alcohol.
| ||
(c) 1. If a person under arrest refuses to submit to a | ||
chemical test
under
the provisions of Section 11-501.1, | ||
evidence of refusal shall be admissible
in any civil or | ||
criminal action or proceeding arising out of acts alleged
to | ||
have been committed while the person under the influence of | ||
alcohol,
other drug or drugs, or intoxicating compound or | ||
compounds, or
any combination thereof was driving or in actual | ||
physical
control of a motor vehicle.
| ||
2. Notwithstanding any ability to refuse under this Code to | ||
submit to
these tests or any ability to revoke the implied | ||
consent to these tests, if a
law enforcement officer has | ||
probable cause to believe that a motor vehicle
driven by or in | ||
actual physical control of a person under the influence of
| ||
alcohol, other drug or drugs, or intoxicating compound or
| ||
compounds,
or any combination thereof
has caused the death or
| ||
personal injury to another, the law enforcement officer shall | ||
request, and that person shall submit, upon the request of a | ||
law
enforcement officer, to a chemical test or tests of his or | ||
her blood, breath or
urine for the purpose of
determining the | ||
alcohol content thereof or the presence of any other drug or
|
combination of both.
| ||
This provision does not affect the applicability of or | ||
imposition of driver's
license sanctions under Section | ||
11-501.1 of this Code.
| ||
3. For purposes of this Section, a personal injury includes | ||
any Type A
injury as indicated on the traffic accident report | ||
completed by a law
enforcement officer that requires immediate | ||
professional attention in either a
doctor's office or a medical | ||
facility. A Type A injury includes severe
bleeding wounds, | ||
distorted extremities, and injuries that require the injured
| ||
party to be carried from the scene.
| ||
(d) If a person refuses standardized field sobriety tests | ||
under Section 11-501.9 of this Code, evidence of refusal shall | ||
be admissible in any civil or criminal action or proceeding | ||
arising out of acts committed while the person was driving or | ||
in actual physical control of a vehicle and alleged to have | ||
been impaired by the use of cannabis. | ||
(Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; | ||
97-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff. | ||
8-15-14.)
| ||
(625 ILCS 5/11-501.9 new) | ||
Sec. 11-501.9. Suspension of driver's license; medical | ||
cannabis card holder; failure or refusal of field sobriety | ||
tests; implied consent. | ||
(a) A person who has been issued a registry identification |
card under the Compassionate Use of Medical Cannabis Pilot | ||
Program Act 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 standardized field sobriety | ||
tests approved by the National Highway Traffic Safety | ||
Administration, under subsection (a-5) of Section 11-501.2 of | ||
this Code, if detained by a law enforcement officer who has a | ||
reasonable suspicion that the person is driving or is in actual | ||
physical control of a motor vehicle while impaired by the use | ||
of cannabis. The law enforcement officer must have an | ||
independent, cannabis-related factual basis giving reasonable | ||
suspicion that the person is driving or in actual physical | ||
control of a motor vehicle while impaired by the use of | ||
cannabis for conducting standardized field sobriety tests, | ||
which shall be included with the results of the field sobriety | ||
tests in any report made by the law enforcement officer who | ||
requests the test. The person's possession of a registry | ||
identification card issued under the Compassionate Use of | ||
Medical Cannabis Pilot Program Act alone is not a sufficient | ||
basis for reasonable suspicion. | ||
For purposes of this Section, a law enforcement officer of | ||
this State who is investigating a person for an offense under | ||
Section 11-501 of this Code 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 field sobriety tests under this Section. |
(b) A person who is unconscious, or otherwise in a | ||
condition rendering the person incapable of refusal, shall be | ||
deemed to have withdrawn the consent provided by subsection (a) | ||
of this Section. | ||
(c) A person requested to submit to field sobriety tests, | ||
as provided in this Section, shall be warned by the law | ||
enforcement officer requesting the field sobriety tests that a | ||
refusal to submit to the field sobriety tests will result in | ||
the suspension of the person's privilege to operate a motor | ||
vehicle, as provided in subsection (f) of this Section. The | ||
person shall also be warned by the law enforcement officer that | ||
if the person submits to field sobriety tests as provided in | ||
this Section which disclose the person is impaired by the use | ||
of cannabis, a suspension of the person's privilege to operate | ||
a motor vehicle, as provided in subsection (f) of this Section, | ||
will be imposed. | ||
(d) The results of field sobriety tests administered under | ||
this Section 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. These test results shall be admissible only in | ||
actions or proceedings directly related to the incident upon | ||
which the test request was made. | ||
(e) If the person refuses field sobriety tests or submits | ||
to field sobriety tests that disclose the person is impaired by | ||
the use of cannabis, the law enforcement officer shall |
immediately submit a sworn report to the circuit court of venue | ||
and the Secretary of State certifying that testing was | ||
requested under this Section and that the person refused to | ||
submit to field sobriety tests or submitted to field sobriety | ||
tests that disclosed the person was impaired by the use of | ||
cannabis. The sworn report must include the law enforcement | ||
officer's factual basis for reasonable suspicion that the | ||
person was impaired by the use of cannabis. | ||
(f) Upon receipt of the sworn report of a law enforcement | ||
officer submitted under subsection (e) of this Section, the | ||
Secretary of State shall enter the suspension to the driving | ||
record as follows: | ||
(1) for refusal or failure to complete field sobriety | ||
tests, a 12 month suspension shall be entered; or | ||
(2) for submitting to field sobriety tests that | ||
disclosed the driver was impaired by the use of cannabis, a | ||
6 month suspension shall be entered. | ||
The Secretary of State shall confirm the 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 for insufficient information or be completed in | ||
error, the confirmation of the 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 the defect. | ||
(g) The law enforcement officer submitting the sworn report |
under subsection (e) of this Section shall serve immediate | ||
notice of the suspension on the person and the suspension shall | ||
be effective as provided in subsection (h) of this Section. If | ||
immediate notice of the suspension cannot be given, the | ||
arresting officer or arresting agency shall give notice by | ||
deposit in the United States mail of the notice in an envelope | ||
with postage prepaid and addressed to the person at his or her | ||
address as shown on the Uniform Traffic Ticket and the | ||
suspension shall begin as provided in subsection (h) of this | ||
Section. 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 the person to drive during | ||
the period provided for in subsection (h) of this Section. The | ||
officer shall immediately forward the driver's license or | ||
permit to the circuit court of venue along with the sworn | ||
report under subsection (e) of this Section. | ||
(h) The suspension under subsection (f) of this Section | ||
shall take effect on the 46th day following the date the notice | ||
of the suspension was given to the person. | ||
(i) When a driving privilege has been suspended under this | ||
Section and the person is subsequently convicted of violating | ||
Section 11-501 of this Code, or a similar provision of a local | ||
ordinance, for the same incident, any period served on | ||
suspension under this Section shall be credited toward the |
minimum period of revocation of driving privileges imposed | ||
under Section 6-205 of this Code. | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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