Public Act 90-0043 of the 90th General Assembly
Public Act 90-0043
SB8 Enrolled SRS90S0001AKsa
AN ACT in relation to blood alcohol concentration levels,
amending named Acts.
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 1-203.1, 2-118.1, 6-206, 6-208.1, 6-517,
6-520, 11-500, 11-501, 11-501.1, 11-501.2, 11-501.6, and
11-501.8 as follows:
(625 ILCS 5/1-203.1) (from Ch. 95 1/2, par. 1-203.1)
Sec. 1-203.1. Statutory summary alcohol or other drug
related suspension of driver's privileges. The withdrawal by
the circuit court of a person's license or privilege to
operate a motor vehicle on the public highways for the
periods provided in Section 6-208.1. Reinstatement after the
suspension period shall occur after all appropriate fees have
been paid, unless the court notifies the Secretary of State
that the person should be disqualified. The bases for this
withdrawal of driving privileges shall be the individual's
refusal to submit to or failure to complete a chemical test
or tests following an arrest for the offense of driving under
the influence of alcohol or other drugs, or both, or
submission to such a test or tests indicating an alcohol
concentration of 0.08 0.10 or more as provided in Section
11-501.1 of this Code.
(Source: P.A. 84-1394.)
(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.
(a) A statutory summary suspension of driving privileges
under Section 11-501.1 shall not become effective until the
person is notified in writing of the impending suspension 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 shall become effective as
provided in Section 11-501.1.
(b) Within 90 days after the notice of statutory summary
suspension 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summary suspension rescinded.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. 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)
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 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 or drug concentration; 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 0.10 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 or a
controlled substance listed in the Illinois Controlled
Substances Act, and the person did submit to and complete
the test or tests that determined an alcohol
concentration of 0.08 0.10 or more.
Upon the conclusion of the judicial hearing, the circuit
court shall sustain or rescind the statutory summary
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.
(Source: P.A. 88-463; 89-156, eff. 1-1-96.)
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in
motor vehicle collisions or has been repeatedly convicted
of offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in death
or injury requiring immediate professional treatment in a
medical facility or doctor's office to any person, except
that any suspension or revocation imposed by the
Secretary of State under the provisions of this
subsection shall start no later than 6 months after being
convicted of violating a law or ordinance regulating the
movement of traffic, which violation is related to the
accident, or shall start not more than one year after the
date of the accident, whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an
examination provided for by Section 6-207 or has failed
to pass the examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly
concealed a material fact or has used false information
or identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a judicial driving permit, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services
of another person to submit to any portion of the
application process for the purpose of obtaining a
license, identification card, or permit for some other
person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license was invalid
under the provisions of Section 6-110. Provided that for
the first offense the Secretary of State may suspend the
driver's license for not more than 60 days, for the
second offense not more than 90 days, and for the third
offense not more than one year;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 relating to criminal trespass
to vehicles in which case, the suspension shall be for
one year;
16. Has been convicted of violating Section 11-204
of this Code relating to fleeing from a police officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in
Section 11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or
(b) of Section 6-101 relating to driving without a
driver's license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402
of this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1
of the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing
a violation of paragraph (a) of Section 11-502 of this
Code for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or
punished by non-judicial punishment by military
authorities of the United States at a military
installation in Illinois of or for a traffic related
offense that is the same as or similar to an offense
specified under Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or
has possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control
Act of 1934;
28. Has been convicted of the illegal possession,
while operating or in actual physical control, as a
driver, of a motor vehicle, of any controlled substance
prohibited under the Illinois Controlled Substances Act
or any cannabis prohibited under the provisions of the
Cannabis Control Act, in which case the person's driving
privileges shall be suspended for one year, and any
driver who is convicted of a second or subsequent
offense, within 5 years of a previous conviction, for the
illegal possession, while operating or in actual physical
control, as a driver, of a motor vehicle, of any
controlled substance prohibited under the provisions of
the Illinois Controlled Substances Act or any cannabis
prohibited under the Cannabis Control Act shall be
suspended for 5 years. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge
that this offense did occur while the defendant was
operating a motor vehicle and order the clerk of the
court to report the violation to the Secretary of State;
29. Has been convicted of the following offenses
that were committed while the person was operating or in
actual physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
juvenile pimping, soliciting for a juvenile prostitute
and the manufacture, sale or delivery of controlled
substances or instruments used for illegal drug use or
abuse in which case the driver's driving privileges shall
be suspended for one year;
30. Has been convicted a second or subsequent time
for any combination of the offenses named in paragraph 29
of this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Beginning on January 1, 1991, has Has refused
to submit to a test as required by Section 11-501.6 or
has submitted to a test resulting in an alcohol
concentration of 0.08 0.10 or more or any amount of a
drug, substance, or compound resulting from the unlawful
use or consumption of cannabis as listed in the Cannabis
Control Act or a controlled substance as listed in the
Illinois Controlled Substances Act in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated
discharge of a firearm if the offender was located in a
motor vehicle at the time the firearm was discharged, in
which case the suspension shall be for 3 years; or
33. Has as a driver, who was less than 21 years of
age on the date of the offense, been convicted a first
time of a violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's
license, any traffic ticket issued when the person's driver's
license is deposited in lieu of bail, a suspension notice
issued by the Secretary of State, a duplicate or corrected
driver's license, a probationary driver's license or a
temporary driver's license.
(b) If any conviction forming the basis of a suspension
or revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6 month limitation prescribed shall not
apply.
(c) 1. Upon suspending or revoking the driver's license
or permit of any person as authorized in this Section,
the Secretary of State shall immediately notify the
person in writing of the revocation or suspension. The
notice to be deposited in the United States mail, postage
prepaid, to the last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a)
of this Section, a person's privilege to operate a
vehicle as an occupation shall not be suspended, provided
an affidavit is properly completed, the appropriate fee
received, and a permit issued prior to the effective date
of the suspension, unless 5 offenses were committed, at
least 2 of which occurred while operating a commercial
vehicle in connection with the driver's regular
occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must
submit the affidavit on forms to be provided by the
Secretary of State setting forth the facts of the
person's occupation. The affidavit shall also state the
number of offenses committed while operating a vehicle in
connection with the driver's regular occupation. The
affidavit shall be accompanied by the driver's license.
Upon receipt of a properly completed affidavit, the
Secretary of State shall issue the driver a permit to
operate a vehicle in connection with the driver's regular
occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended
as set forth in the notice that was mailed under this
Section. If an affidavit is received subsequent to the
effective date of this suspension, a permit may be issued
for the remainder of the suspension period.
The provisions of this subparagraph shall not apply
to any driver required to obtain a commercial driver's
license under Section 6-507 during the period of a
disqualification of commercial driving privileges under
Section 6-514.
Any person who falsely states any fact in the
affidavit required herein shall be guilty of perjury
under Section 6-302 and upon conviction thereof shall
have all driving privileges revoked without further
rights.
3. At the conclusion of a hearing under Section
2-118 of this Code, the Secretary of State shall either
rescind or continue an order of revocation or shall
substitute an order of suspension; or, good cause
appearing therefor, rescind, continue, change, or extend
the order of suspension. If the Secretary of State does
not rescind the order, the Secretary may upon
application, to relieve undue hardship, issue a
restricted driving permit granting the privilege of
driving a motor vehicle between the petitioner's
residence and petitioner's place of employment or within
the scope of his employment related duties, or to allow
transportation for the petitioner, or a household member
of the petitioner's family, to receive necessary medical
care and if the professional evaluation indicates,
provide transportation for alcohol remedial or
rehabilitative activity, or for the petitioner to attend
classes, as a student, in an accredited educational
institution; if the petitioner is able to demonstrate
that no alternative means of transportation is reasonably
available and the petitioner will not endanger the public
safety or welfare. In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire within
one year from the date of issuance. A restricted driving
permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the Secretary
of State in like manner and for like cause as a driver's
license issued under this Code may be cancelled, revoked,
or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(Source: P.A. 88-45; 88-209; 88-211; 88-670, eff. 12-2-94;
89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
Sec. 6-208.1. Period of statutory summary alcohol or
other drug related suspension.
(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. Six 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 or drug
concentration, pursuant to Section 11-501.1; or
2. Three 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 0.10 or more, 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 or a
controlled substance listed in the Illinois Controlled
Substances Act, pursuant to Section 11-501.1; or
3. Two 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 or drug 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 0.10 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 or a
controlled substance listed in the Illinois Controlled
Substances Act.
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
full driving privileges shall be restored unless the person
is otherwise disqualified 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) Full 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 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
shall be credited toward the minimum period of revocation of
driving privileges imposed pursuant to Section 6-205.
(e) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first
offender, the circuit court may, after at least 30 days from
the effective date of the statutory summary suspension, issue
a judicial driving permit as provided in Section 6-206.1.
(f) Subsequent to an arrest of a first offender, for any
offense as defined in Section 11-501 or a similar provision
of a local ordinance, following a statutory summary
suspension of driving privileges pursuant to Section
11-501.1, for a first offender, the circuit court may issue a
court order directing the Secretary of State to issue a
judicial driving permit as provided in Section 6-206.1.
However, this JDP shall not be effective prior to the 31st
day of the statutory summary suspension.
(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 and such
person refused or failed to complete a test or tests to
determine the alcohol or drug concentration pursuant to
Section 11-501.1, the Secretary of State shall not issue a
restricted driving permit.
(h) 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 and such
person submitted to a chemical test which disclosed an
alcohol concentration of 0.08 .10 or more pursuant to Section
11-501.1, the Secretary of State may, after at least 90 days
from the effective date of the statutory summary suspension,
issue a restricted driving permit.
(Source: P.A. 88-415; 89-203, eff. 7-21-95.)
(625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
Sec. 6-517. Commercial driver-implied consent warnings.
(a) Any person driving a commercial motor vehicle who is
requested by a police officer, pursuant to Section 6-516, to
submit to a chemical test or tests to determine the alcohol
concentration or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act or a controlled substance
listed in the Illinois Controlled Substances Act in such
person's system, must be warned by the police officer
requesting the test or tests that a refusal to submit to the
test or tests will result in that person being immediately
placed out-of-service for a period of 24 hours and being
disqualified from operating a commercial motor vehicle for a
period of not less than 12 months; the person shall also be
warned that if such person submits to testing which discloses
an alcohol concentration of greater than 0.00 but less than
0.04 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 or
a controlled substance listed in the Illinois Controlled
Substances Act, such person shall be placed immediately
out-of-service for a period of 24 hours; if the person
submits to testing which discloses an alcohol concentration
of 0.04 or more 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 or a controlled substance listed in the
Illinois Controlled Substances Act, such person shall be
placed immediately out-of-service and disqualified from
driving a commercial motor vehicle for a period of at least
12 months; also the person shall be warned that if such
testing discloses an alcohol concentration of 0.08 0.10, or
more 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 or
a controlled substance listed in the Illinois Controlled
Substances Act, in addition to the person being immediately
placed out-of-service and disqualified for 12 months as
provided in this UCDLA, the results of such testing shall
also be admissible in prosecutions for violations of Section
11-501 of this Code, or similar violations of local
ordinances, however, such results shall not be used to impose
any driving sanctions pursuant to Section 11-501.1 of this
Code.
The person shall also be warned that any disqualification
imposed pursuant to this Section, shall be for life for any
such offense or refusal, or combination thereof; including a
conviction for violating Section 11-501 while driving a
commercial motor vehicle, or similar provisions of local
ordinances, committed a second time involving separate
incidents.
(b) If the person refuses or fails to complete testing,
or submits to a test which discloses an alcohol concentration
of at least 0.04, 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 or a controlled substance listed in the
Illinois Controlled Substances Act, the law enforcement
officer must submit a Sworn Report to the Secretary of State,
in a form prescribed by the Secretary, certifying that the
test or tests was requested pursuant to paragraph (a); that
the person was warned, as provided in paragraph (a) and that
such person refused to submit to or failed to complete
testing, or submitted to a test which disclosed an alcohol
concentration of 0.04 or more, 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 or a controlled substance
listed in the Illinois Controlled Substances Act.
(c) The police officer submitting the Sworn Report under
this Section shall serve notice of the CDL disqualification
on the person and such CDL disqualification shall be
effective as provided in paragraph (d). In cases where the
blood alcohol concentration of 0.04 or more, 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 or a controlled
substance listed in the Illinois Controlled Substances Act,
is established by subsequent analysis of blood or urine
collected at the time of the request, the police officer
shall give notice as provided in this Section or by deposit
in the United States mail of such notice as provided in this
Section or by deposit in the United States mail of such
notice in an envelope with postage prepaid and addressed to
such persons' domiciliary address as shown on the Sworn
Report and the CDL disqualification shall begin as provided
in paragraph (d).
(d) The CDL disqualification referred to in this Section
shall take effect on the 46th day following the date the
Sworn Report was given to the affected person.
(e) Upon receipt of the Sworn Report from the police
officer, the Secretary of State shall disqualify the person
from driving any commercial motor vehicle and shall confirm
the CDL disqualification by mailing the notice of the
effective date to the person. However, should the Sworn
Report be defective by not containing sufficient information
or be completed in error, the confirmation of the CDL
disqualification shall not be mailed to the affected person
or entered into the record, instead the Sworn Report shall be
forwarded to the issuing agency identifying any such defect.
(Source: P.A. 88-212.)
(625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
Sec. 6-520. CDL disqualification or out-of-service
order; hearing.
(a) A disqualification of commercial driving privileges
by the Secretary of State, pursuant to this UCDLA, shall not
become effective until the person is notified in writing, by
the Secretary, of the impending disqualification and advised
that a CDL hearing may be requested.
(b) Upon receipt of the notice of a CDL disqualification
not based upon a conviction, an out-of-service order, or
notification that a CDL disqualification is forthcoming, the
person may make a written petition in a form, approved by the
Secretary of State, for a CDL hearing. Such petition must
state the grounds upon which the person seeks to have the CDL
disqualification rescinded or the out-of-service order
removed from the person's driving record. Within 10 days
after the receipt of such petition, it shall be reviewed by
the Director of the Department of Administrative Hearings,
Office of the Secretary of State, or by an appointed
designee. If it is determined that the petition on its face
does not state grounds upon which the relief may be based,
the petition for a CDL hearing shall be denied and the
disqualification shall become effective as if no petition had
been filed and the out-of-service order shall be sustained.
If such petition is so denied, the person may submit another
petition.
(c) The scope of a CDL hearing, for any disqualification
imposed pursuant to paragraphs (1) and (2) of subsection (a)
of Section 6-514 shall be limited to the following issues:
1. Whether the person was operating a commercial
motor vehicle;
2. Whether, after making the initial stop, the
police officer had probable cause to issue a Sworn
Report;
3. Whether the person was verbally warned of the
ensuing consequences prior to submitting to any type of
chemical test or tests to determine such person's blood
concentration of alcohol, other drug, or both; and
4. Whether the person did refuse to submit to or
failed to complete the chemical testing or did submit to
such test or tests and such test or tests disclosed an
alcohol concentration of at least 0.04 or any amount of a
drug, substance, or compound resulting from the unlawful
use or consumption of cannabis listed in the Cannabis
Control Act or a controlled substance listed in the
Illinois Controlled Substances Act in the person's
system.
5. Whether the person was warned that if the test
or tests disclosed an alcohol concentration of 0.08 0.10
or more or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act or a
controlled substance listed in the Illinois Controlled
Substances Act, such results could be admissible in a
subsequent prosecution under Section 11-501 of this Code
or similar provision of local ordinances; and
6. That such results could not be used to impose
any driver's license sanctions pursuant to Section
11-501.1.
Upon the conclusion of the above CDL hearing, the CDL
disqualification imposed shall either be sustained or
rescinded.
(d) The scope of a CDL hearing for any out-of-service
sanction, imposed pursuant to Section 6-515, shall be limited
to the following issues:
1. Whether the person was driving a commercial
motor vehicle;
2. Whether, while driving such commercial motor
vehicle, the person had alcohol or any amount of a drug,
substance, or compound resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control
Act or a controlled substance listed in the Illinois
Controlled Substances Act in such person's system; or
3. Whether the person was verbally warned of the
ensuing consequences prior to being asked to submit to
any type of chemical test or tests to determine such
person's alcohol, other drug, or both, concentration; and
4. Whether, after being so warned, the person did
refuse to submit to or failed to complete such chemical
test or tests or did submit to such test or tests and
such test or tests disclosed an alcohol concentration
greater than 0.00 or any amount of a drug, substance, or
compound resulting from the unlawful use or consumption
of cannabis listed in the Cannabis Control Act or a
controlled substance listed in the Illinois Controlled
Substances Act. Upon the conclusion of the above CDL
hearing, the out-of-service sanction shall either be
sustained or removed from the person's driving record.
(e) If any person petitions for a hearing relating to
any CDL disqualification based upon a conviction, as defined
in this UCDLA, said hearing shall not be conducted as a CDL
hearing, but shall be conducted as any other driver's license
hearing, whether formal or informal, as promulgated in the
rules and regulations of the Secretary.
(f) Any evidence of alcohol or other drug consumption,
for the purposes of this UCDLA, shall be sufficient probable
cause for requesting the driver to submit to a chemical test
or tests to determine the presence of alcohol, other drug, or
both in the person's system and the subsequent issuance of an
out-of-service order or a Sworn Report by a police officer.
(g) For the purposes of this UCDLA, a CDL "hearing"
shall mean a hearing before the Office of the Secretary of
State in accordance with Section 2-118 of this Code, for the
purpose of resolving differences or disputes specifically
related to the scope of the issues identified in this
Section. These proceedings will be a matter of record and a
final appealable order issued. The petition for a CDL
hearing shall not stay or delay the effective date of the
impending disqualification.
(h) The CDL hearing may be conducted upon a review of
the police officer's own official reports; provided however,
that the petitioner may subpoena the officer. Failure of the
officer to answer the subpoena shall be grounds for a
continuance.
(Source: P.A. 87-829; 87-832; 87-895; 88-212; 88-670, eff.
12-2-94.)
(625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
Sec. 11-500. Definitions. For the purposes of
interpreting Sections 6-206.1 and 6-208.1 of this Code,
"first offender" shall mean any person who has not had a
previous conviction or court assigned supervision for
violating Section 11-501, or a similar provision of a local
ordinance, or a conviction in any other state for a violation
of driving while under the influence or a similar offense
where the cause of action is the same or substantially
similar to this Code or any person who has not had a driver's
license suspension for violating Section 11-501.1 within 5
years prior to the date of the current offense, except in
cases where the driver submitted to chemical testing
resulting in an alcohol concentration of 0.08 0.10 or more,
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 or
a controlled substance listed in the Illinois Controlled
Substances Act and was subsequently found not guilty of
violating Section 11-501, or a similar provision of a local
ordinance.
(Source: P.A. 86-929; 86-1019; 86-1475.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
(Text of Section in effect until July 1, 1997)
Sec. 11-501. Driving while under the influence of
alcohol, other drug, or combination of both.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 0.10 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(4) under the combined influence of alcohol and any
other drug or drugs to a degree that renders the person
incapable of safely driving; or
(5) there is 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, or a controlled substance listed in
the Illinois Controlled Substances Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, or
other drugs, or any combination of both, shall not
constitute a defense against any charge of violating this
Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) A person who violates this Section during a period
in which his or her driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of this Section or Section 11-501.1 shall, unless
sentenced to a term of imprisonment in the penitentiary, in
addition to any other criminal or administrative action, be
sentenced to a minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the
court. This mandatory minimum term of imprisonment or
assignment of community service shall not be suspended and
shall not be subject to reduction by the court.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol or drugs or a combination of both
if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol or
any other drug or drugs as an element of the offense or
the person has previously been convicted under
subparagraph (C) of this paragraph (1).
(2) Aggravated driving under the influence of alcohol or
drugs or a combination of both is a Class 4 felony for which
a person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d).
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol or other drug abuse problem exists and the extent of
the problem. Programs conducting these evaluations shall be
licensed by the Department of Alcoholism and Substance Abuse.
The cost of any professional evaluation shall be paid for by
the individual required to undergo the professional
evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State shall establish a pilot
program to test the effectiveness of ignition interlock
device requirements upon individuals who have been arrested
for a second or subsequent offense of this Section. The
Secretary shall establish by rule and regulation the
population and procedures for use of the interlock system.
(Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
89-203, eff. 7-21-95; 89-626, eff. 8-9-96.)
(Text of Section taking effect July 1, 1997)
Sec. 11-501. Driving while under the influence of
alcohol, other drug, or combination of both.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 0.10 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(4) under the combined influence of alcohol and any
other drug or drugs to a degree that renders the person
incapable of safely driving; or
(5) there is 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, or a controlled substance listed in
the Illinois Controlled Substances Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, or
other drugs, or any combination of both, shall not
constitute a defense against any charge of violating this
Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) A person who violates this Section during a period
in which his or her driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of this Section or Section 11-501.1 shall, unless
sentenced to a term of imprisonment in the penitentiary, in
addition to any other criminal or administrative action, be
sentenced to a minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the
court. This mandatory minimum term of imprisonment or
assignment of community service shall not be suspended and
shall not be subject to reduction by the court.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol or drugs or a combination of both
if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol or
any other drug or drugs as an element of the offense or
the person has previously been convicted under
subparagraph (C) of this paragraph (1).
(2) Aggravated driving under the influence of alcohol or
drugs or a combination of both is a Class 4 felony for which
a person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d).
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol or other drug abuse problem exists and the extent of
the problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. The cost of
any professional evaluation shall be paid for by the
individual required to undergo the professional evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State shall establish a pilot
program to test the effectiveness of ignition interlock
device requirements upon individuals who have been arrested
for a second or subsequent offense of this Section. The
Secretary shall establish by rule and regulation the
population and procedures for use of the interlock system.
(Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
8-9-96.)
(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 or other drug 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 combination of both 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. The test
or tests shall be administered at the direction of the
arresting officer. The law enforcement agency employing the
officer shall designate which of the aforesaid tests shall be
administered. A urine test may be administered even after a
blood or breath test or both has been administered. For
purposes of this Section, an Illinois law enforcement officer
of this State who is investigating the person for any offense
defined in Section 11-501 may travel into an adjoining state,
where the person has been transported for medical care, to
complete an investigation and to request that the person
submit to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are
inapplicable, but the officer shall issue the person a
Uniform Traffic Ticket for an offense as defined in Section
11-501 or a similar provision of a local ordinance prior to
requesting that the person submit to the test or tests. The
issuance of the Uniform Traffic Ticket shall not constitute
an arrest, but shall be for the purpose of notifying the
person that he or she is subject to the provisions of this
Section and of the officer's belief of the existence of
probable cause to arrest. Upon returning to this State, the
officer shall file the Uniform Traffic Ticket with the
Circuit Clerk of the county where the offense was committed,
and shall seek the issuance of an arrest warrant or a summons
for the person.
(b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or
tests may be administered, subject to the provisions of
Section 11-501.2.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test will
result in the statutory summary suspension of the person's
privilege to operate a motor vehicle as provided in Section
6-208.1 of this Code. The person shall also be warned by the
law enforcement officer that if the person submits to the
test or tests provided in paragraph (a) of this Section and
the alcohol concentration in the person's blood or breath is
0.08 0.10 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 or a
controlled substance listed in the Illinois Controlled
Substances Act is detected in the person's blood or urine, a
statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Sections 6-208.1 and
11-501.1 of this Code will, be imposed.
A person who is under the age of 21 at the time the
person is requested to submit to a test as provided above
shall, in addition to the warnings provided for in this
Section, be further warned by the law enforcement officer
requesting the test that if the person submits to the test or
tests provided in paragraph (a) of this Section and the
alcohol concentration in the person's blood or breath is
greater than 0.00 and less than 0.08 0.10, 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 0.10 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 or
a controlled substance listed in the Illinois Controlled
Substances 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 0.10 or more.
(e) Upon receipt of the sworn report of a law
enforcement officer submitted under paragraph (d), the
Secretary of State shall enter the statutory summary
suspension for the periods specified in Section 6-208.1, and
effective as provided in paragraph (g).
If the person is a first offender as defined in Section
11-500 of this Code, and is not convicted of a violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, then reports received by the Secretary of State
under this Section shall, except during the actual time the
Statutory Summary Suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State.
(f) The law enforcement officer submitting the sworn
report under paragraph (d) shall serve immediate notice of
the statutory summary suspension on the person and the
suspension shall be effective as provided in paragraph (g).
In cases where the blood alcohol concentration of 0.08 0.10
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 or a controlled substance
listed in the Illinois Controlled Substances Act is
established by a subsequent analysis of blood or urine
collected at the time of arrest, the arresting officer or
arresting agency shall give notice as provided in this
Section or by deposit in the United States mail of the notice
in an envelope with postage prepaid and addressed to the
person at his address as shown on the Uniform Traffic Ticket
and the statutory summary suspension shall begin as provided
in paragraph (g). The officer shall confiscate any Illinois
driver's license or permit on the person at the time of
arrest. If the person has a valid driver's license or permit,
the officer shall issue the person a receipt, in a form
prescribed by the Secretary of State, that will allow that
person to drive during the periods provided for in paragraph
(g). The officer shall immediately forward the driver's
license or permit to the circuit court of venue along with
the sworn report provided for in paragraph (d).
(g) The statutory summary suspension referred to in this
Section shall take effect on the 46th day following the date
the notice of the statutory summary suspension was given to
the person.
(h) The following procedure shall apply whenever a
person is arrested for any offense as defined in Section
11-501 or a similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension by mailing a notice of the effective date
of the suspension to the person and the court of venue.
However, should the sworn report be defective by not
containing sufficient information or be completed in error,
the confirmation of the statutory summary suspension shall
not be mailed to the person or entered to the record, instead
the sworn report shall be forwarded to the court of venue
with a copy returned to the issuing agency identifying any
defect.
(Source: P.A. 87-1221; 88-169; 88-588, eff. 1-1-95.)
(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 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 Public Health in consultation with the
Department of State Police by a licensed physician,
registered nurse, trained phlebotomist acting under the
direction of a licensed physician, certified paramedic,
or other individual possessing a valid permit issued by
that Department for this purpose. The Director of the
Department of Public Health in consultation with the
Department 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 Illinois Department of Public Health 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 registered
nurse, trained phlebotomist, or certified paramedic, or
other qualified person approved by the Department of
Public Health 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 registered nurse, a
trained phlebotomist acting under the direction of the
physician, or certified 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 Public Health
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.
(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 0.10,
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 0.10 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, or other drugs, or combination of
both 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, any other drug, or
combination of both has caused the death or personal
injury to another, 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.
(Source: P.A. 87-1221; 88-632, eff. 1-1-95.)
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
Sec. 11-501.6. Driver involvement in personal injury or
fatal motor vehicle accident - chemical test.
(a) Any person who drives or is in actual control of a
motor vehicle upon the public highways of this State and who
has been involved in a personal injury or fatal motor vehicle
accident, shall be deemed to have given consent to a breath
test using a portable device as approved by the Department of
Public Health or to a chemical test or tests of blood,
breath, or urine for the purpose of determining the alcohol
or other drug content of such 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, with the exception of equipment
violations contained in Chapter 12 of this Code, or similar
provisions of local ordinances. 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. Compliance with this Section
does not relieve such person from the requirements of Section
11-501.1 of this Code.
(b) Any person who is dead, unconscious or who is
otherwise in a condition rendering such person incapable of
refusal shall be deemed not to have withdrawn the consent
provided by subsection (a) of this Section. In addition, if
a driver of a vehicle is receiving medical treatment as a
result of a motor vehicle accident, any physician licensed to
practice medicine, registered nurse or a phlebotomist acting
under the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of
alcohol or other drugs, upon the specific request of a law
enforcement officer. However, no such testing shall 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 0.08 0.10 or more, 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 or a
controlled substance listed in the Illinois Controlled
Substances Act as detected in such person's blood or urine,
may result in the suspension of such person's privilege to
operate a motor vehicle. The length of the suspension shall
be the same as outlined in Section 6-208.1 of this Code
regarding statutory summary suspensions.
(d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.08 0.10 or
more, 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,
or a controlled substance listed in the Illinois Controlled
Substances Act, the law enforcement officer shall immediately
submit a sworn report to the Secretary of State on a form
prescribed by the Secretary, certifying that the test or
tests were requested pursuant to subsection (a) and the
person refused to submit to a test or tests or submitted to
testing which disclosed an alcohol concentration of 0.08 0.10
or more, 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
or a controlled substance listed in the Illinois Controlled
Substances Act.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall enter the suspension to the
individual's driving record and the suspension shall be
effective on the 46th day following the date notice of the
suspension was given to the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and such suspension shall be effective on the 46th day
following the date notice was given.
The cases where the blood alcohol concentration of 0.08
.10 or more, or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis as
listed in the Cannabis Control Act, or a controlled substance
listed in the Illinois Controlled Substances Act, is
established by a subsequent analysis of blood or urine
collected at the time of arrest, the arresting officer shall
give notice as provided in this Section or by deposit in the
United States mail of such notice in an envelope with postage
prepaid and addressed to such person at his address as shown
on the Uniform Traffic Ticket and the suspension 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 shall also give notice of the
suspension to the driver by mailing a notice of the effective
date of the suspension 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 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 of his driving
privileges by requesting an administrative hearing with the
Secretary in accordance with Section 2-118 of this Code. At
the conclusion of a hearing held under Section 2-118 of this
Code, the Secretary may rescind, continue, or modify the
order of suspension. If the Secretary does not rescind the
order, a restricted driving permit may be granted by the
Secretary upon application being made and good cause shown.
A restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and
medical purposes as outlined in Section 6-206 of this Code.
The provisions of Section 6-206 of this Code shall apply.
(f) (Blank)
(g) For the purposes of this Section, a personal injury
shall include 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 shall
include severely bleeding wounds, distorted extremities, and
injuries that require the injured party to be carried from
the scene.
(Source: P.A. 88-211.)
(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 Public Health in consultation with the
Department of State Police by an individual possessing a
valid permit issued by that Department for this purpose.
The Director of the Department of Public Health, in
consultation with the Department 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 Illinois Department of
Public Health shall prescribe regulations as necessary.
(ii) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a registered nurse, or other qualified person
trained in venipuncture and acting under the direction of
a licensed physician may withdraw blood for the purpose
of determining the alcohol content therein. This
limitation does not apply to the taking of breath or
urine specimens.
(iii) The person tested may have a physician,
qualified technician, chemist, registered nurse, or other
qualified person of his or her own choosing administer a
chemical test or tests in addition to any test or tests
administered at the direction of a law enforcement
officer. The failure or inability to obtain an
additional test by a person shall not preclude the
consideration of the previously performed chemical test.
(iv) Upon a request of the person who submits to a
chemical test or tests at the request of a law
enforcement officer, full information concerning the test
or tests shall be made available to the person or that
person's attorney.
(v) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(vi) If a driver is receiving medical treatment as
a result of a motor vehicle accident, a physician
licensed to practice medicine, registered nurse, or other
qualified person trained in venipuncture and acting under
the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of
alcohol upon the specific request of a law enforcement
officer. However, that testing shall not be performed
until, in the opinion of the medical personnel on scene,
the withdrawal can be made without interfering with or
endangering the well-being of the patient.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration
of more than 0.00, may result in the loss of that person's
privilege to operate a motor vehicle. The loss of driving
privileges shall be imposed in accordance with Section
6-208.2 of this Code.
(d) If the person refuses testing or submits to a test
that discloses an alcohol concentration of more than 0.00,
the law enforcement officer shall immediately submit a sworn
report to the Secretary of State on a form prescribed by the
Secretary of State, certifying that the test or tests were
requested under subsection (a) and the person refused to
submit to a test or tests or submitted to testing which
disclosed an alcohol concentration of more than 0.00. The
law enforcement officer shall submit the same sworn report
when a person under the age of 21 submits to testing under
Section 11-501.1 of this Code and the testing discloses an
alcohol concentration of more than 0.00 and less than 0.08
0.10.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the driver's
license sanction on the individual's driving record and the
sanctions shall be effective on the 46th day following the
date notice of the sanction was given to the person. If this
sanction is the individual's first driver's license
suspension under this Section, reports received by the
Secretary of State under this Section shall, except during
the time the suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities, the Secretary of State, or the
individual personally.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this driver's license
sanction on the person and the sanction shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more
than 0.00 is established by a subsequent analysis of blood or
urine, the police officer or arresting agency shall give
notice as provided in this Section or by deposit in the
United States mail of that notice in an envelope with postage
prepaid and addressed to that person at his last known
address and the loss of driving privileges shall be effective
on the 46th day following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
driver's license sanction to the driver by mailing a notice
of the effective date of the sanction to the individual.
However, should the sworn report be defective by not
containing sufficient information or be completed in error,
the notice of the driver's license sanction may not be mailed
to the person or entered to the driving record, but rather
the sworn report shall be returned to the issuing law
enforcement agency.
(e) A driver may contest this driver's license sanction
by requesting an administrative hearing with the Secretary of
State in accordance with Section 2-118 of this Code. An
individual whose blood alcohol concentration is shown to be
more than 0.00 is not subject to this Section if he or she
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is
shown to be more than 0.00 shall not be subject to this
Section if the individual's blood alcohol concentration
resulted only from ingestion of the prescribed or recommended
dosage of medicine that contained alcohol. The petition for
that hearing shall not stay or delay the effective date of
the impending suspension. The scope of this hearing shall be
limited to the issues of:
(1) whether the police officer had probable cause
to believe that the person was driving or in actual
physical control of a motor vehicle upon the public
highways of the State and the police officer had reason
to believe that the person was in violation of any
provision of the Illinois Vehicle Code or a similar
provision of a local ordinance; and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or
a similar provision of a local ordinance; and
(3) whether the police officer had probable cause
to believe that the driver had consumed any amount of an
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to operate a motor vehicle
would be suspended if the person refused to submit to and
complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol concentration; or
(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 and the person 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; or
(7) whether the test result of an alcohol
concentration of more than 0.00 was based upon the
person's consumption of alcohol through ingestion of the
prescribed or recommended dosage of medicine.
Provided that the petitioner may subpoena the officer,
the hearing may be conducted upon a review of the law
enforcement officer's own official reports. Failure of the
officer to answer the subpoena shall be grounds for a
continuance if, in the hearing officer's discretion, the
continuance is appropriate. At the conclusion of the
hearing held under Section 2-118 of this Code, the Secretary
of State may rescind, continue, or modify the driver's
license sanction. If the Secretary of State does not rescind
the sanction, a restricted driving permit may be granted by
the Secretary of State upon application being made and good
cause shown. A restricted driving permit may be granted to
relieve undue hardship by allowing driving for employment,
educational, and medical purposes as outlined in item (3) of
part (c) of Section 6-206 of this Code. The provisions of
item (3) of part (c) of Section 6-206 of this Code shall
apply. The Secretary of State shall promulgate rules
providing for participation in an alcohol education and
awareness program or activity, a drug education and awareness
program or activity, or both as a condition to the issuance
of a restricted driving permit for suspensions imposed under
this Section.
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that
the results of the testing may be considered at a hearing
held under Section 2-118 of this Code. However, the results
of the testing may not be used to impose driver's license
sanctions under Section 11-501.1 of this Code. A law
enforcement officer may, however, pursue a statutory summary
suspension of driving privileges under Section 11-501.1 of
this Code if other physical evidence or first hand knowledge
forms the basis of that suspension.
(g) This Section applies only to drivers who are under
age 21 at the time of the issuance of a Uniform Traffic
Ticket for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance, and a chemical test
request is made under this Section.
(h) The action of the Secretary of State in suspending,
revoking, or denying any license, permit, registration, or
certificate of title shall be subject to judicial review in
the Circuit Court of Sangamon County or in the Circuit Court
of Cook County, and the provisions of the Administrative
Review Law and its rules are hereby adopted and shall apply
to and govern every action for the judicial review of final
acts or decisions of the Secretary of State under this
Section.
(Source: P.A. 88-588, eff. 1-1-95.)
Section 10. The Criminal Code of 1961 is amended by
changing Section 9-3 as follows:
(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
Sec. 9-3. Involuntary Manslaughter and Reckless
Homicide.
(a) A person who unintentionally kills an individual
without lawful justification commits involuntary manslaughter
if his acts whether lawful or unlawful which cause the death
are such as are likely to cause death or great bodily harm to
some individual, and he performs them recklessly, except in
cases in which the cause of the death consists of the driving
of a motor vehicle, in which case the person commits reckless
homicide.
(b) In cases involving reckless homicide, being under
the influence of alcohol or any other drug or drugs at the
time of the alleged violation shall be presumed to be
evidence of a reckless act unless disproved by evidence to
the contrary.
(c) For the purposes of this Section, a person shall be
considered to be under the influence of alcohol or other
drugs while:
1. The alcohol concentration in the person's blood
or breath is 0.08 0.10 or more based on the definition of
blood and breath units in Section 11-501.2 of the
Illinois Vehicle Code;
2. Under the influence of alcohol to a degree that
renders the person incapable of safely driving;
3. Under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving; or
4. Under the combined influence of alcohol and any
other drug or drugs to a degree which renders the person
incapable of safely driving.
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) In cases involving reckless homicide in which the
defendant was determined to have been under the influence of
alcohol or any other drug or drugs as an element of the
offense, or in cases in which the defendant is proven beyond
a reasonable doubt to have been under the influence of
alcohol or any other drug or drugs, the penalty shall be a
Class 2 felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3
years and not more than 14 years.
(Source: P.A. 86-1317; 87-274; 87-1198.)
Section 99. Effective date. This Act takes effect upon
becoming law.