Public Act 096-1080
 
SB2993 EnrolledLRB096 18657 AJT 34041 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-514, 6-518, 6-524, 11-501.1, and 11-501.8 as
follows:
 
    (625 ILCS 5/6-514)  (from Ch. 95 1/2, par. 6-514)
    Sec. 6-514. Commercial Driver's License (CDL) -
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, 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 and wilfully 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 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.
    (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). 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
non-CMV while holding a CDL, arising from separate incidents,
occurring within a 3 year period, if the convictions would
result in the suspension or revocation of the CDL holder's
non-CMV privileges. A person shall be disqualified from driving
a commercial motor vehicle for a period of not less than 4
months, however, if he or she is convicted of 3 or more serious
traffic violations committed in a non-CMV while holding a CDL,
arising from separate incidents, occurring within a 3 year
period, if the convictions would result in the suspension or
revocation of the CDL holder's non-CMV privileges.
    (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, 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.
(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
 
    (625 ILCS 5/6-518)  (from Ch. 95 1/2, par. 6-518)
    Sec. 6-518. Notification of Traffic Convictions.
    (a) Within 5 10 days after receiving a report of an
Illinois conviction, or other verified evidence, of any driver
who has been issued a CDL by another State, for a violation of
any law or local ordinance of this State, relating to motor
vehicle traffic control, other than parking violations,
committed in any motor vehicle, the Secretary of State must
notify the driver licensing authority which issued such CDL of
said conviction.
    (b) Within 5 10 days after receiving a report of an
Illinois conviction, or other verified evidence, of any driver
from another state, for a violation of any law or local
ordinance of this State, relating to motor vehicle traffic
control, other than parking violations, committed in a
commercial motor vehicle, the Secretary of State must notify
the driver licensing authority which issued the person's
driver's license of the conviction.
(Source: P.A. 94-307, eff. 9-30-05.)
 
    (625 ILCS 5/6-524)  (from Ch. 95 1/2, par. 6-524)
    Sec. 6-524. Penalties.
    (a) Every person convicted of violating any provision of
this UCDLA for which another penalty is not provided shall for
a first offense be guilty of a petty offense; and for a second
conviction for any offense committed within 3 years of any
previous offense, shall be guilty of a Class B misdemeanor.
    (b) Any person convicted of violating subsection (b) of
Section 6-506 of this Code shall be subject to a civil penalty
of not more than $10,000 $25,000.
    (c) Any person or employer convicted of violating paragraph
(5) of subsection (a) or subsection (b-3) or (b-5) of Section
6-506 shall be subject to a civil penalty of not less than
$2,750 nor more than $25,000.
    (d) Any person convicted of violating paragraph (2) or (3)
of subsection (b) or subsection (b-3) or (b-5) of Section 6-507
shall be subject to a civil penalty of not less than $2,750 nor
more than $25,000 for a first conviction and not less than
$5,000 nor more than $25,000 for a second conviction.
(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
 
    (625 ILCS 5/11-501.1)  (from Ch. 95 1/2, par. 11-501.1)
    Sec. 11-501.1. Suspension of drivers license; statutory
summary alcohol, other drug or drugs, or intoxicating compound
or compounds related suspension; implied consent.
    (a) Any person who drives or is in actual physical control
of a motor vehicle upon the public highways of this State shall
be deemed to have given consent, subject to the provisions of
Section 11-501.2, to a chemical test or tests of blood, breath,
or urine for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket, for any
offense as defined in Section 11-501 or a similar provision of
a local ordinance, or if arrested for violating Section 11-401.
The test or tests shall be administered at the direction of the
arresting officer. The law enforcement agency employing the
officer shall designate which of the aforesaid tests shall be
administered. A urine test may be administered even after a
blood or breath test or both has been administered. For
purposes of this Section, an Illinois law enforcement officer
of this State who is investigating the person for any offense
defined in Section 11-501 may travel into an adjoining state,
where the person has been transported for medical care, to
complete an investigation and to request that the person submit
to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are
inapplicable, but the officer shall issue the person a Uniform
Traffic Ticket for an offense as defined in Section 11-501 or a
similar provision of a local ordinance prior to requesting that
the person submit to the test or tests. The issuance of the
Uniform Traffic Ticket shall not constitute an arrest, but
shall be for the purpose of notifying the person that he or she
is subject to the provisions of this Section and of the
officer's belief of the existence of probable cause to arrest.
Upon returning to this State, the officer shall file the
Uniform Traffic Ticket with the Circuit Clerk of the county
where the offense was committed, and shall seek the issuance of
an arrest warrant or a summons for the person.
    (b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or tests
may be administered, subject to the provisions of Section
11-501.2.
    (c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test will result in
the statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Section 6-208.1 of this
Code, 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, 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) of this Section and the alcohol concentration
in the person's blood or breath is greater than 0.00 and less
than 0.08, a suspension of the person's privilege to operate a
motor vehicle, as provided under Sections 6-208.2 and 11-501.8
of this Code, will be imposed. The results of this test shall
be admissible in a civil or criminal action or proceeding
arising from an arrest for an offense as defined in Section
11-501 of this Code or a similar provision of a local ordinance
or pursuant to Section 11-501.4 in prosecutions for reckless
homicide brought under the Criminal Code of 1961. These test
results, however, shall be admissible only in actions or
proceedings directly related to the incident upon which the
test request was made.
    (d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of 0.08 or more, or any
amount of a drug, substance, or intoxicating compound in the
person's breath, blood, or urine resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, 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) and the person refused to submit to a test, or
tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more.
    (e) Upon receipt of the sworn report of a law enforcement
officer submitted under paragraph (d), the Secretary of State
shall enter the statutory summary suspension 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. However,
beginning January 1, 2008, if the person is a CDL holder, the
statutory summary suspension shall also be made available to
the driver licensing administrator of any other state, the U.S.
Department of Transportation, and the affected driver or motor
carrier or prospective motor carrier upon request. Reports
received by the Secretary of State under this Section shall
also be made available to the parent or guardian of a person
under the age of 18 years that holds an instruction permit or a
graduated driver's license, regardless of whether the
statutory summary suspension is in effect.
    (f) The law enforcement officer submitting the sworn report
under paragraph (d) shall serve immediate notice of the
statutory summary suspension on the person and the suspension
and disqualification shall be effective as provided in
paragraph (g). In cases where the blood alcohol concentration
of 0.08 or greater or any amount of a drug, substance, or
compound resulting from the unlawful use or consumption of
cannabis as covered by the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, 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).
    (g) The statutory summary suspension and disqualification
referred to in this Section shall take effect on the 46th day
following the date the notice of the statutory summary
suspension was given to the person.
    (h) The following procedure shall apply whenever a person
is arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance:
    Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension by mailing a notice of the effective date of
the suspension to the person and the court of venue. 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 shall not be mailed to the person
or entered to the record; instead, the sworn report shall be
forwarded to the court of venue with a copy returned to the
issuing agency identifying any defect.
(Source: P.A. 94-115, eff. 1-1-06; 95-201, eff. 1-1-08; 95-382,
eff. 8-23-07; 95-876, eff. 8-21-08.)
 
    (625 ILCS 5/11-501.8)
    Sec. 11-501.8. Suspension of driver's license; persons
under age 21.
    (a) A person who is less than 21 years of age and who
drives or is in actual physical control of a motor vehicle upon
the public highways of this State shall be deemed to have given
consent to a chemical test or tests of blood, breath, or urine
for the purpose of determining the alcohol content of the
person's blood if arrested, as evidenced by the issuance of a
Uniform Traffic Ticket for any violation of the Illinois
Vehicle Code or a similar provision of a local ordinance, if a
police officer has probable cause to believe that the driver
has consumed any amount of an alcoholic beverage based upon
evidence of the driver's physical condition or other first hand
knowledge of the police officer. The test or tests shall be
administered at the direction of the arresting officer. The law
enforcement agency employing the officer shall designate which
of the aforesaid tests shall be administered. A urine test may
be administered even after a blood or breath test or both has
been administered.
    (b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that person incapable of refusal,
shall be deemed not to have withdrawn the consent provided by
paragraph (a) of this Section and the test or tests may be
administered subject to the following provisions:
        (i) Chemical analysis of the person's blood, urine,
    breath, or other bodily substance, to be considered valid
    under the provisions of this Section, shall have been
    performed according to standards promulgated by the
    Department of State Police by an individual possessing a
    valid permit issued by that Department for this purpose.
    The Director of State Police is authorized to approve
    satisfactory techniques or methods, to ascertain the
    qualifications and competence of individuals to conduct
    analyses, to issue permits that shall be subject to
    termination or revocation at the direction of that
    Department, and to certify the accuracy of breath testing
    equipment. The Department of State Police shall prescribe
    regulations as necessary.
        (ii) When a person submits to a blood test at the
    request of a law enforcement officer under the provisions
    of this Section, only a physician authorized to practice
    medicine, a registered nurse, or other qualified person
    trained in venipuncture and acting under the direction of a
    licensed physician may withdraw blood for the purpose of
    determining the alcohol content therein. This limitation
    does not apply to the taking of breath or urine specimens.
        (iii) The person tested may have a physician, qualified
    technician, chemist, registered nurse, or other qualified
    person of his or her own choosing administer a chemical
    test or tests in addition to any test or tests administered
    at the direction of a law enforcement officer. The failure
    or inability to obtain an additional test by a person shall
    not preclude the consideration of the previously performed
    chemical test.
        (iv) Upon a request of the person who submits to a
    chemical test or tests at the request of a law enforcement
    officer, full information concerning the test or tests
    shall be made available to the person or that person's
    attorney.
        (v) Alcohol concentration means either grams of
    alcohol per 100 milliliters of blood or grams of alcohol
    per 210 liters of breath.
        (vi) If a driver is receiving medical treatment as a
    result of a motor vehicle accident, a physician licensed to
    practice medicine, registered nurse, or other qualified
    person trained in venipuncture and acting under the
    direction of a licensed physician shall withdraw blood for
    testing purposes to ascertain the presence of alcohol upon
    the specific request of a law enforcement officer. However,
    that testing shall not be performed until, in the opinion
    of the medical personnel on scene, the withdrawal can be
    made without interfering with or endangering the
    well-being of the patient.
    (c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test, or submission to
the test resulting in an alcohol concentration of more than
0.00, may result in the loss of that person's privilege to
operate a motor vehicle and may 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 loss of driving privileges shall be
imposed in accordance with Section 6-208.2 of this Code.
    (d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of more than 0.00, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of more than 0.00. The law enforcement officer
shall submit the same sworn report when a person under the age
of 21 submits to testing under Section 11-501.1 of this Code
and the testing discloses an alcohol concentration of more than
0.00 and less than 0.08.
    Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the suspension and
disqualification on the individual's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to
the person. If this suspension is the individual's first
driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall,
except during the time the suspension is in effect, be
privileged information and for use only by the courts, police
officers, prosecuting authorities, the Secretary of State, or
the individual personally, 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. However, beginning January
1, 2008, if the person is a CDL holder, the report of
suspension shall also be made available to the driver licensing
administrator of any other state, the U.S. Department of
Transportation, and the affected driver or motor carrier or
prospective motor carrier upon request. Reports received by the
Secretary of State under this Section shall also be made
available to the parent or guardian of a person under the age
of 18 years that holds an instruction permit or a graduated
driver's license, regardless of whether the suspension is in
effect.
    The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and the suspension and disqualification shall be effective on
the 46th day following the date notice was given.
    In cases where the blood alcohol concentration of more than
0.00 is established by a subsequent analysis of blood or urine,
the police officer or arresting agency shall give notice as
provided in this Section or by deposit in the United States
mail of that notice in an envelope with postage prepaid and
addressed to that person at his last known address and the loss
of driving privileges shall be effective on the 46th day
following the date notice was given.
    Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
suspension and disqualification to the driver by mailing a
notice of the effective date of the suspension and
disqualification to the individual. However, should the sworn
report be defective by not containing sufficient information or
be completed in error, the notice of the suspension and
disqualification shall not be mailed to the person or entered
to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
    (e) A driver may contest this suspension and
disqualification by requesting an administrative hearing with
the Secretary of State in accordance with Section 2-118 of this
Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is
shown to be more than 0.00 shall not be subject to this Section
if the individual's blood alcohol concentration resulted only
from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing
shall not stay or delay the effective date of the impending
suspension. The scope of this hearing shall be limited to the
issues of:
        (1) whether the police officer had probable cause to
    believe that the person was driving or in actual physical
    control of a motor vehicle upon the public highways of the
    State and the police officer had reason to believe that the
    person was in violation of any provision of the Illinois
    Vehicle Code or a similar provision of a local ordinance;
    and
        (2) whether the person was issued a Uniform Traffic
    Ticket for any violation of the Illinois Vehicle Code or a
    similar provision of a local ordinance; and
        (3) whether the police officer had probable cause to
    believe that the driver had consumed any amount of an
    alcoholic beverage based upon the driver's physical
    actions or other first-hand knowledge of the police
    officer; and
        (4) whether the person, after being advised by the
    officer that the privilege to operate a motor vehicle would
    be suspended if the person refused to submit to and
    complete the test or tests, did refuse to submit to or
    complete the test or tests to determine the person's
    alcohol concentration; and
        (5) whether the person, after being advised by the
    officer that the privileges to operate a motor vehicle
    would be suspended if the person submits to a chemical test
    or tests and the test or tests disclose an alcohol
    concentration of more than 0.00, did submit to and complete
    the test or tests that determined an alcohol concentration
    of more than 0.00; and
        (6) whether the test result of an alcohol concentration
    of more than 0.00 was based upon the person's consumption
    of alcohol in the performance of a religious service or
    ceremony; and
        (7) whether the test result of an alcohol concentration
    of more than 0.00 was based upon the person's consumption
    of alcohol through ingestion of the prescribed or
    recommended dosage of medicine.
    At the conclusion of the hearing held under Section 2-118
of this Code, the Secretary of State may rescind, continue, or
modify the suspension and disqualification. If the Secretary of
State does not rescind the suspension and disqualification, a
restricted driving permit may be granted by the Secretary of
State upon application being made and good cause shown. A
restricted driving permit may be granted to relieve undue
hardship by allowing driving for employment, educational, and
medical purposes as outlined in item (3) of part (c) of Section
6-206 of this Code. The provisions of item (3) of part (c) of
Section 6-206 of this Code and of subsection (f) of that
Section shall apply. The Secretary of State shall promulgate
rules providing for participation in an alcohol education and
awareness program or activity, a drug education and awareness
program or activity, or both as a condition to the issuance of
a restricted driving permit for suspensions imposed under this
Section.
    (f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that the
results of the testing may be considered at a hearing held
under Section 2-118 of this Code. However, the results of the
testing may not be used to impose driver's license sanctions
under Section 11-501.1 of this Code. A law enforcement officer
may, however, pursue a statutory summary suspension of driving
privileges under Section 11-501.1 of this Code if other
physical evidence or first hand knowledge forms the basis of
that suspension.
    (g) This Section applies only to drivers who are under age
21 at the time of the issuance of a Uniform Traffic Ticket for
a violation of the Illinois Vehicle Code or a similar provision
of a local ordinance, and a chemical test request is made under
this Section.
    (h) The action of the Secretary of State in suspending,
revoking, cancelling, or disqualifying any license or permit
shall be subject to judicial review in the Circuit Court of
Sangamon County or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law and its rules are
hereby adopted and shall apply to and govern every action for
the judicial review of final acts or decisions of the Secretary
of State under this Section.
(Source: P.A. 94-307, eff. 9-30-05; 95-201, eff. 1-1-08;
95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-876, eff.
8-21-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/16/2010