Bill Text: IL HB2555 | 2015-2016 | 99th General Assembly | Engrossed
Bill Title: Amends the Illinois Vehicle Code. Removes from the DUI offense operating a motor vehicle with any amount of an illegal drug in a person's system and makes it a separate Class B misdemeanor for a first offense and a Class A misdemeanor for subsequent offenses. Removes offense from implied consent for chemical testing for a suspected violation, statutory summary suspension for test refusal, driver's license suspension for conviction, and mandatory penalties for a second violation. Also removes offense from aggravated DUI. Makes corresponding changes to the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act for OUI. Amends the Criminal Identification Act. Provides that policing bodies shall report arrests for the offense to the Department of State Police. Amends the Unified Code of Corrections. Provides that offenders may be charged laboratory fees and required to undergo a professional evaluation to determine the presence and extent of substance abuse problems.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB2555 Detail]
Download: Illinois-2015-HB2555-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 2-118, 2-118.1, 6-106.1a, 6-208.1, 6-514, 6-517, | ||||||
6 | 11-401, 11-500, 11-500.1, 11-501, 11-501.1, 11-501.2, | ||||||
7 | 11-501.4, 11-501.4-1, 11-501.6, 11-501.8, and 11-507 as | ||||||
8 | follows:
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9 | (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
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10 | Sec. 2-118. Hearings.
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11 | (a) Upon the suspension, revocation or denial of
the | ||||||
12 | issuance of a license, permit, registration or certificate of | ||||||
13 | title
under this Code of any person the Secretary of State | ||||||
14 | shall immediately
notify such person in writing and upon his | ||||||
15 | written request shall, within 20
days after receipt thereof, | ||||||
16 | set a date for a hearing to commence within 90
calendar days | ||||||
17 | from the date of the written request for all requests related | ||||||
18 | to
a suspension, revocation, or the denial of the issuance of a | ||||||
19 | license, permit,
registration, or certificate of title | ||||||
20 | occurring after July 1, 2002, in the
County of
Sangamon, the | ||||||
21 | County of Jefferson, or the County of Cook, as such
person may | ||||||
22 | specify, unless both
parties agree that such hearing may be | ||||||
23 | held in some other county.
The Secretary may require the |
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1 | payment of a fee of not more than $50 for the
filing of any | ||||||
2 | petition, motion, or request for hearing conducted pursuant to
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3 | this Section. These fees must be deposited into the Secretary | ||||||
4 | of State DUI
Administration Fund, a special fund created in the | ||||||
5 | State treasury, and, subject
to appropriation and as directed | ||||||
6 | by the Secretary of State, shall be used for
operation of the | ||||||
7 | Department of Administrative Hearings of the Office of the
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8 | Secretary of
State
and for no other purpose. The
Secretary | ||||||
9 | shall establish by rule the amount and the procedures, terms, | ||||||
10 | and
conditions relating to these fees.
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11 | (b) At any time after the suspension, revocation or denial | ||||||
12 | of a license,
permit, registration or certificate of title of | ||||||
13 | any person as
hereinbefore referred to, the Secretary of State, | ||||||
14 | in his or her discretion
and
without the necessity of a request | ||||||
15 | by such person, may hold such a hearing,
upon not less than 10 | ||||||
16 | days' notice in writing, in the Counties of Sangamon,
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17 | Jefferson,
or Cook or in any other county agreed to by the | ||||||
18 | parties.
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19 | (c) Upon any such hearing, the Secretary of State, or his | ||||||
20 | authorized
agent may administer oaths and issue subpoenas for | ||||||
21 | the attendance of
witnesses and the production of relevant | ||||||
22 | books and records and may require
an examination of such | ||||||
23 | person. Upon any such hearing, the Secretary of
State shall | ||||||
24 | either rescind or, good cause appearing therefor, continue,
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25 | change or extend the Order of Revocation or Suspension, or upon | ||||||
26 | petition
therefore and subject to the provisions of this Code, |
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1 | issue a restricted
driving permit or reinstate the license or | ||||||
2 | permit of such person.
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3 | (d) All hearings and hearing procedures shall comply with | ||||||
4 | requirements
of the Constitution, so that no person is deprived | ||||||
5 | of due process of law
nor denied equal protection of the laws. | ||||||
6 | All hearings shall be held before
the Secretary of State or | ||||||
7 | before such persons as may be designated by the
Secretary of | ||||||
8 | State and appropriate records of such hearings shall be kept.
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9 | Where a transcript of the hearing is taken, the person | ||||||
10 | requesting the
hearing shall have the opportunity to order a | ||||||
11 | copy thereof at his own
expense.
The Secretary of State shall | ||||||
12 | enter an order upon any hearing conducted
under this Section, | ||||||
13 | related to a suspension, revocation, or the denial of
the | ||||||
14 | issuance of a license, permit, registration, or certificate of | ||||||
15 | title
occurring after July 1, 2002, within 90 days of its | ||||||
16 | conclusion and shall
immediately notify the person in writing | ||||||
17 | of his or her action.
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18 | (d-5) Any hearing over which the Secretary of State has | ||||||
19 | jurisdiction because of a person's implied consent to testing | ||||||
20 | of the person's blood, breath, other bodily substance, or urine | ||||||
21 | for the presence of alcohol, drugs, or intoxicating compounds | ||||||
22 | may be conducted upon a review of the official police reports. | ||||||
23 | Either party, however, may subpoena the arresting officer and | ||||||
24 | any other law enforcement officer who was involved in the | ||||||
25 | petitioner's arrest or processing after arrest, as well as any | ||||||
26 | other person whose testimony may be probative to the issues at |
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1 | the hearing. The failure of a law enforcement officer to answer | ||||||
2 | the subpoena shall be considered grounds for a continuance if, | ||||||
3 | in the hearing officer's discretion, the continuance is | ||||||
4 | appropriate. The failure of the arresting officer to answer a | ||||||
5 | subpoena shall not, in and of itself, be considered grounds for | ||||||
6 | the rescission of an implied consent suspension. Rather, the | ||||||
7 | hearing shall proceed on the basis of the other evidence | ||||||
8 | available, and the hearing officer shall assign this evidence | ||||||
9 | whatever probative value is deemed appropriate. The decision | ||||||
10 | whether to rescind shall be based upon the totality of the | ||||||
11 | evidence.
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12 | (e) The action of the
Secretary of State in suspending, | ||||||
13 | revoking or denying any license, permit,
registration, or | ||||||
14 | certificate of title shall be subject to judicial review
in the
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15 | Circuit Court of Sangamon County, in the Circuit Court of | ||||||
16 | Jefferson County,
or in the Circuit Court of Cook County, and | ||||||
17 | the
provisions of the Administrative Review Law, and all | ||||||
18 | amendments and
modifications thereto, and the rules adopted | ||||||
19 | pursuant thereto, are hereby
adopted and shall apply to and | ||||||
20 | govern every action for the judicial review of
final acts or | ||||||
21 | decisions of the Secretary of State hereunder.
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22 | (Source: P.A. 95-627, eff. 6-1-08; 96-184, eff. 8-10-09.)
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23 | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
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24 | Sec. 2-118.1. Opportunity for hearing; statutory summary | ||||||
25 | alcohol
or other drug related suspension or revocation pursuant |
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1 | to Section 11-501.1. | ||||||
2 | (a) A statutory summary suspension or revocation of driving | ||||||
3 | privileges under Section
11-501.1 shall not become effective | ||||||
4 | until the person is notified in writing of
the impending | ||||||
5 | suspension or revocation and informed that he may request a | ||||||
6 | hearing in the
circuit court of venue under paragraph (b) of | ||||||
7 | this Section and the statutory
summary suspension or revocation | ||||||
8 | shall become effective as provided in Section 11-501.1. | ||||||
9 | (b) Within 90 days after the notice of statutory summary
| ||||||
10 | suspension or revocation served under Section
11-501.1, the | ||||||
11 | person may make a written request for a judicial hearing in
the | ||||||
12 | circuit court of venue. The request to the circuit court shall | ||||||
13 | state
the grounds upon which the person seeks to have the | ||||||
14 | statutory summary
suspension or revocation rescinded. Within | ||||||
15 | 30 days after receipt of the written request
or the first | ||||||
16 | appearance date on the Uniform Traffic Ticket issued pursuant
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17 | to a violation of Section 11-501, or a similar provision of a | ||||||
18 | local
ordinance, the hearing shall be conducted by the circuit | ||||||
19 | court having
jurisdiction. This judicial hearing, request, or | ||||||
20 | process shall not stay or
delay the statutory summary | ||||||
21 | suspension or revocation. The hearings shall proceed in the
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22 | court in the same manner as in other civil proceedings. | ||||||
23 | The hearing may be conducted upon a review of the law | ||||||
24 | enforcement
officer's own official reports; provided however, | ||||||
25 | that the person may
subpoena the officer. Failure of the | ||||||
26 | officer to answer the subpoena shall
be considered grounds for |
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1 | a continuance if in the court's discretion the
continuance is | ||||||
2 | appropriate. | ||||||
3 | The scope of the hearing shall be limited to the issues of: | ||||||
4 | 1. Whether the person was placed under arrest for an | ||||||
5 | offense as defined
in Section 11-501, or a similar | ||||||
6 | provision of a local ordinance, as evidenced
by the | ||||||
7 | issuance of a Uniform Traffic Ticket, or issued a Uniform | ||||||
8 | Traffic
Ticket out of state as provided in subsection (a) | ||||||
9 | of Section 11-501.1; and | ||||||
10 | 2. Whether the officer had reasonable grounds to | ||||||
11 | believe that
the person was driving or in actual physical | ||||||
12 | control of a motor vehicle
upon a highway while under the | ||||||
13 | influence of alcohol, other drug, or
combination of both; | ||||||
14 | and | ||||||
15 | 3. Whether the person, after being advised by the | ||||||
16 | officer
that the privilege to operate a motor vehicle would | ||||||
17 | be suspended or revoked if the
person refused to submit to | ||||||
18 | and complete the test or tests, did refuse to
submit to or | ||||||
19 | complete the test or tests to determine the person's blood | ||||||
20 | alcohol or drug concentration; or | ||||||
21 | 4. Whether the person, after being advised by the | ||||||
22 | officer that
the privilege to operate a motor vehicle would | ||||||
23 | be suspended if the person
submits to a chemical test, or | ||||||
24 | tests, and the test discloses an alcohol
concentration of | ||||||
25 | 0.08 or more, a tetrahydrocannabinol concentration as | ||||||
26 | defined in paragraph 6 of subsection (a) of Section |
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1 | 11-501.2 of this Code, or any amount of a drug, substance,
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2 | or compound in the person's blood , other bodily substance, | ||||||
3 | or urine resulting from the unlawful use or
consumption of | ||||||
4 | cannabis listed in the Cannabis Control Act, a controlled
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5 | substance listed in the Illinois Controlled Substances | ||||||
6 | Act, an intoxicating
compound as listed in the Use of | ||||||
7 | Intoxicating Compounds Act, or methamphetamine as listed | ||||||
8 | in the Methamphetamine Control and Community Protection | ||||||
9 | Act, and the person
did submit to and complete the test or | ||||||
10 | tests that determined an alcohol
concentration of 0.08 or | ||||||
11 | more. | ||||||
12 | 4.2. (Blank). | ||||||
13 | 4.5. (Blank). | ||||||
14 | 5. If the person's driving privileges were revoked, | ||||||
15 | whether the person was involved in a motor vehicle accident | ||||||
16 | that caused Type A injury or death to another. | ||||||
17 | Upon the conclusion of the judicial hearing, the circuit | ||||||
18 | court shall
sustain or rescind the statutory summary suspension | ||||||
19 | or revocation and immediately notify
the Secretary of State. | ||||||
20 | Reports received by the Secretary of State under
this Section | ||||||
21 | shall be privileged information and for use only by the
courts, | ||||||
22 | police officers, and Secretary of State. | ||||||
23 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
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24 | (625 ILCS 5/6-106.1a)
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25 | Sec. 6-106.1a. Cancellation of school bus driver permit; |
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1 | trace of alcohol.
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2 | (a) A person who has been issued a school bus driver permit | ||||||
3 | by the Secretary
of State in accordance with Section 6-106.1 of | ||||||
4 | this Code and who drives or is
in actual physical control of a | ||||||
5 | school bus
or any other vehicle owned or operated by or for a | ||||||
6 | public or private
school, or a school operated by a religious | ||||||
7 | institution, when the vehicle is
being used over a regularly | ||||||
8 | scheduled route for the transportation of persons
enrolled as | ||||||
9 | students in grade 12 or below, in connection with any activity | ||||||
10 | of
the entities listed, upon the public highways of this State | ||||||
11 | shall be
deemed to have given consent to a chemical test or | ||||||
12 | tests of blood, breath, other bodily substance, or
urine for | ||||||
13 | the purpose of determining the alcohol content of the person's | ||||||
14 | blood
if arrested, as evidenced
by the issuance of a Uniform | ||||||
15 | Traffic Ticket for any violation of this
Code or a similar | ||||||
16 | provision of a local ordinance, if a police officer
has | ||||||
17 | probable cause to believe that the driver has consumed any | ||||||
18 | amount of an
alcoholic beverage based upon evidence of the | ||||||
19 | driver's physical condition
or other first hand knowledge of | ||||||
20 | the police officer. The test or tests shall
be administered at | ||||||
21 | the direction of the arresting officer. The law enforcement
| ||||||
22 | agency employing the officer shall designate which of the | ||||||
23 | aforesaid tests shall
be administered. A urine or other bodily | ||||||
24 | substance test may be administered even after a blood or breath
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25 | test or both has been administered.
| ||||||
26 | (b) A person who is dead, unconscious, or who is otherwise |
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1 | in a condition
rendering that person incapable of refusal, | ||||||
2 | shall be deemed not to have
withdrawn the consent provided by | ||||||
3 | paragraph (a) of this Section and the test or
tests may be | ||||||
4 | administered subject to the following provisions:
| ||||||
5 | (1) Chemical analysis of the person's blood, urine, | ||||||
6 | breath, or
other bodily substance,
to be considered valid | ||||||
7 | under the provisions of this Section, shall have been
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8 | performed according to standards promulgated by the | ||||||
9 | Department of State Police by an
individual
possessing a | ||||||
10 | valid permit issued by the Department of State Police for | ||||||
11 | this
purpose. The
Director of State Police is authorized to | ||||||
12 | approve satisfactory techniques
or
methods, to ascertain | ||||||
13 | the qualifications and competence of individuals to
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14 | conduct analyses, to issue
permits that shall be subject to | ||||||
15 | termination or revocation at the direction of
the | ||||||
16 | Department of State Police, and to certify the
accuracy of | ||||||
17 | breath testing
equipment. The
Department of State Police | ||||||
18 | shall prescribe rules as
necessary.
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19 | (2) When a person submits to a blood test at the | ||||||
20 | request of a law
enforcement officer under the provisions | ||||||
21 | of this Section, only a physician
authorized to practice | ||||||
22 | medicine, a licensed physician assistant, a licensed | ||||||
23 | advanced practice nurse, a registered nurse, or other | ||||||
24 | qualified person
trained in venipuncture and acting under | ||||||
25 | the direction of a licensed physician
may withdraw blood | ||||||
26 | for the purpose of determining the alcohol content.
This |
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1 | limitation does not apply to the taking of breath , other | ||||||
2 | bodily substance, or urine specimens.
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3 | (3) The person tested may have a physician, qualified | ||||||
4 | technician, chemist,
registered nurse, or other qualified | ||||||
5 | person of his or her own choosing
administer a chemical | ||||||
6 | test or tests in addition to any test or tests
administered | ||||||
7 | at the direction of a law enforcement officer. The test
| ||||||
8 | administered at the request of the person may be admissible | ||||||
9 | into evidence at a
hearing conducted in accordance with | ||||||
10 | Section 2-118 of this Code. The failure
or inability to | ||||||
11 | obtain an additional test by a person shall not preclude | ||||||
12 | the
consideration of the previously performed chemical | ||||||
13 | test.
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14 | (4) Upon a request of the person who submits to a | ||||||
15 | chemical test or tests
at the request of a law enforcement | ||||||
16 | officer, full information concerning the
test or tests | ||||||
17 | shall be made available to the person or that person's
| ||||||
18 | attorney by the requesting law enforcement agency within 72 | ||||||
19 | hours of receipt of
the test result.
| ||||||
20 | (5) Alcohol concentration means either grams of | ||||||
21 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
22 | per 210 liters of breath.
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23 | (6) If a driver is receiving medical treatment as a | ||||||
24 | result of a motor
vehicle accident, a physician licensed to | ||||||
25 | practice medicine, licensed physician assistant, licensed | ||||||
26 | advanced practice nurse, registered nurse,
or other |
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1 | qualified person trained in venipuncture and acting under | ||||||
2 | the
direction of a
licensed physician shall withdraw blood | ||||||
3 | for testing purposes to ascertain the
presence of alcohol | ||||||
4 | upon the specific request of a law enforcement officer.
| ||||||
5 | However, that testing shall not be performed until, in the | ||||||
6 | opinion of the
medical personnel on scene, the withdrawal | ||||||
7 | can be made without interfering with
or endangering the | ||||||
8 | well-being of the patient.
| ||||||
9 | (c) A person requested to submit to a test as provided in | ||||||
10 | this Section shall
be warned
by the law enforcement officer | ||||||
11 | requesting the test that a refusal to submit to
the test, or
| ||||||
12 | submission to the test resulting in an alcohol concentration of | ||||||
13 | more than 0.00,
may result
in the loss of that person's | ||||||
14 | privilege to possess a school bus driver
permit. The loss of | ||||||
15 | the individual's privilege to possess a school bus driver
| ||||||
16 | permit shall be imposed in accordance with Section 6-106.1b of | ||||||
17 | this Code.
| ||||||
18 | (d) If the person refuses testing or submits to a test that | ||||||
19 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
20 | enforcement officer shall
immediately submit a sworn report to | ||||||
21 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
22 | State certifying that the test or tests were
requested under | ||||||
23 | subsection (a) and the person refused to submit to a test or
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24 | tests or submitted to testing which disclosed an alcohol | ||||||
25 | concentration of more
than 0.00. The law enforcement officer | ||||||
26 | shall submit the same sworn report when
a person who has been |
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1 | issued a school bus driver permit and who was operating a
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2 | school bus or any other vehicle owned
or operated by or for a | ||||||
3 | public or private school, or a school operated by a
religious | ||||||
4 | institution, when the vehicle is being used over a regularly
| ||||||
5 | scheduled route for the transportation of persons enrolled as | ||||||
6 | students in grade
12 or below, in connection with
any activity | ||||||
7 | of the entities listed, submits to testing under Section | ||||||
8 | 11-501.1
of this Code and the testing discloses an alcohol | ||||||
9 | concentration of more than
0.00 and less than the alcohol | ||||||
10 | concentration at which driving or being in
actual physical | ||||||
11 | control of a motor vehicle is prohibited under paragraph (1) of
| ||||||
12 | subsection (a) of Section 11-501.
| ||||||
13 | Upon receipt of the sworn report of a law enforcement | ||||||
14 | officer, the Secretary
of State shall enter the school bus | ||||||
15 | driver permit sanction on the
individual's driving record and | ||||||
16 | the sanction shall be effective on the
46th day following the | ||||||
17 | date notice of the sanction was given to the person.
| ||||||
18 | The law enforcement officer submitting the sworn report | ||||||
19 | shall serve immediate
notice of this school bus driver permit | ||||||
20 | sanction on the person and the sanction
shall be effective on | ||||||
21 | the 46th day following the date notice was given.
| ||||||
22 | In cases where the blood alcohol concentration of more than | ||||||
23 | 0.00 is
established by a subsequent analysis of blood , other | ||||||
24 | bodily substance, or urine, the police officer or
arresting | ||||||
25 | agency shall give notice as provided in this Section or by | ||||||
26 | deposit in
the United States mail of that notice in an envelope |
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| |||||||
1 | with postage prepaid and
addressed to that person at his or her | ||||||
2 | last known address and the loss of the
school
bus driver permit | ||||||
3 | shall be effective on the 46th day following the date notice
| ||||||
4 | was given.
| ||||||
5 | Upon receipt of the sworn report of a law enforcement | ||||||
6 | officer, the Secretary
of State shall also give notice of the | ||||||
7 | school bus driver permit sanction to the
driver and the | ||||||
8 | driver's current employer by mailing a notice of the effective
| ||||||
9 | date of the sanction to the individual. However, shall the | ||||||
10 | sworn report be
defective by not containing sufficient | ||||||
11 | information or be completed in error,
the notice of the school | ||||||
12 | bus driver permit sanction may not be mailed to the
person or | ||||||
13 | his current employer or entered to the driving record,
but | ||||||
14 | rather the sworn report shall be returned to the issuing law | ||||||
15 | enforcement
agency.
| ||||||
16 | (e) A driver may contest this school bus driver permit | ||||||
17 | sanction by
requesting an administrative hearing with the | ||||||
18 | Secretary of State in accordance
with Section 2-118 of this | ||||||
19 | Code. An individual whose blood alcohol
concentration is shown | ||||||
20 | to be more than 0.00 is not subject to this Section if
he or she | ||||||
21 | consumed alcohol in the performance of a religious service or
| ||||||
22 | ceremony. An individual whose blood alcohol concentration is | ||||||
23 | shown to be more
than 0.00 shall not be subject to this Section | ||||||
24 | if the individual's blood
alcohol concentration resulted only | ||||||
25 | from ingestion of the prescribed or
recommended dosage of | ||||||
26 | medicine that contained alcohol. The petition for that
hearing |
| |||||||
| |||||||
1 | shall not stay or delay the effective date of the impending | ||||||
2 | suspension.
The scope of this hearing shall be limited to the | ||||||
3 | issues of:
| ||||||
4 | (1) whether the police officer had probable cause to | ||||||
5 | believe that the
person was driving or in actual physical | ||||||
6 | control of a school bus
or any other vehicle owned or | ||||||
7 | operated by or for a
public or private school, or a
school | ||||||
8 | operated by a religious institution, when the vehicle is | ||||||
9 | being used
over a regularly scheduled route for the | ||||||
10 | transportation of persons enrolled as
students in grade 12 | ||||||
11 | or below, in connection with any activity of the entities
| ||||||
12 | listed, upon the public highways of the State and the | ||||||
13 | police officer had reason
to believe that the person was in | ||||||
14 | violation of any provision of this
Code or a similar | ||||||
15 | provision of a local ordinance; and
| ||||||
16 | (2) whether the person was issued a Uniform Traffic | ||||||
17 | Ticket for any
violation of this Code or a similar | ||||||
18 | provision of a local
ordinance; and
| ||||||
19 | (3) whether the police officer had probable cause to | ||||||
20 | believe that the
driver had
consumed any amount of an | ||||||
21 | alcoholic beverage based upon the driver's
physical | ||||||
22 | actions or other first-hand knowledge of the police | ||||||
23 | officer; and
| ||||||
24 | (4) whether the person, after being advised by the | ||||||
25 | officer that the
privilege to possess a school bus driver | ||||||
26 | permit would be canceled if the person
refused to submit to |
| |||||||
| |||||||
1 | and complete the test or tests, did refuse to submit to or
| ||||||
2 | complete the test or tests to determine the person's | ||||||
3 | alcohol concentration; and
| ||||||
4 | (5) whether the person, after being advised by the | ||||||
5 | officer that the
privileges to possess a school bus driver | ||||||
6 | permit would be canceled if the
person submits to a | ||||||
7 | chemical test or tests and the test or tests disclose an
| ||||||
8 | alcohol concentration of more than 0.00 and
the person did | ||||||
9 | submit to and complete the test or tests that determined an
| ||||||
10 | alcohol concentration of more than 0.00; and
| ||||||
11 | (6) whether the test result of an alcohol concentration | ||||||
12 | of more than 0.00
was based upon the person's consumption | ||||||
13 | of alcohol in the performance of a
religious service or | ||||||
14 | ceremony; and
| ||||||
15 | (7) whether the test result of an alcohol concentration | ||||||
16 | of more than 0.00
was based upon the person's consumption | ||||||
17 | of alcohol through ingestion of the
prescribed or | ||||||
18 | recommended dosage of medicine.
| ||||||
19 | The Secretary of State may adopt administrative rules | ||||||
20 | setting forth
circumstances under which the holder of a school | ||||||
21 | bus driver permit is not
required to
appear in
person at the | ||||||
22 | hearing.
| ||||||
23 | Provided that the petitioner may subpoena the officer, the | ||||||
24 | hearing may be
conducted upon a review of the law enforcement | ||||||
25 | officer's own official
reports. Failure of the officer to | ||||||
26 | answer the subpoena shall be grounds for a
continuance if, in |
| |||||||
| |||||||
1 | the hearing officer's discretion, the continuance is
| ||||||
2 | appropriate. At the conclusion of the hearing held under | ||||||
3 | Section 2-118 of this
Code, the Secretary of State may rescind, | ||||||
4 | continue, or modify
the school bus driver permit sanction.
| ||||||
5 | (f) The results of any chemical testing performed in | ||||||
6 | accordance with
subsection (a) of this Section are not | ||||||
7 | admissible in any civil or criminal
proceeding, except that the | ||||||
8 | results
of the testing may be considered at a hearing held | ||||||
9 | under Section 2-118 of this
Code. However, the results of the | ||||||
10 | testing may not be used to impose
driver's license sanctions | ||||||
11 | under Section 11-501.1 of this Code. A law
enforcement officer | ||||||
12 | may, however, pursue a statutory summary suspension or | ||||||
13 | revocation of
driving privileges under Section 11-501.1 of this | ||||||
14 | Code if other physical
evidence or first hand knowledge forms | ||||||
15 | the basis of that suspension or revocation.
| ||||||
16 | (g) This Section applies only to drivers who have been | ||||||
17 | issued a school bus
driver permit in accordance with Section | ||||||
18 | 6-106.1 of this Code at the time of
the issuance of the Uniform | ||||||
19 | Traffic Ticket for a violation of this
Code or a similar | ||||||
20 | provision of a local ordinance, and a chemical test
request is | ||||||
21 | made under this Section.
| ||||||
22 | (h) The action of the Secretary of State in suspending, | ||||||
23 | revoking, canceling,
or denying any license, permit, | ||||||
24 | registration, or certificate of title shall be
subject to | ||||||
25 | judicial review in the Circuit Court of Sangamon County or in | ||||||
26 | the
Circuit Court of Cook County, and the provisions of the |
| |||||||
| |||||||
1 | Administrative Review
Law and its rules are hereby adopted and | ||||||
2 | shall apply to and govern every
action for the judicial review | ||||||
3 | of final acts or decisions of the Secretary of
State under this | ||||||
4 | Section.
| ||||||
5 | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11.)
| ||||||
6 | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | ||||||
7 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
8 | drug,
or intoxicating compound related suspension or | ||||||
9 | revocation. | ||||||
10 | (a) Unless the statutory summary suspension has been | ||||||
11 | rescinded, any
person whose privilege to drive a motor vehicle | ||||||
12 | on the public highways has
been summarily suspended, pursuant | ||||||
13 | to Section 11-501.1, shall not be
eligible for restoration of | ||||||
14 | the privilege until the expiration of: | ||||||
15 | 1. twelve months from the effective date of the | ||||||
16 | statutory summary suspension
for a refusal or failure to | ||||||
17 | complete a test or tests to determine the alcohol, other | ||||||
18 | drug, or intoxicating compound concentration under
Section | ||||||
19 | 11-501.1, if the person was not involved in a motor vehicle | ||||||
20 | accident that caused personal injury or death to another; | ||||||
21 | or | ||||||
22 | 2. six months from the effective date of the statutory | ||||||
23 | summary
suspension imposed following the person's | ||||||
24 | submission to a chemical test
which disclosed an alcohol | ||||||
25 | concentration of 0.08 or more, the presence of cannabis as |
| |||||||
| |||||||
1 | listed in the Cannabis Control Act with a | ||||||
2 | tetrahydrocannabinol concentration as defined in paragraph | ||||||
3 | 6 of subsection (a) of Section 11-501.2 of this Code, or | ||||||
4 | any
amount
of a
drug, substance, or intoxicating compound | ||||||
5 | in such person's
breath, blood, other bodily substance, or
| ||||||
6 | urine resulting
from the unlawful use or consumption of | ||||||
7 | cannabis listed in the Cannabis
Control Act, a controlled | ||||||
8 | substance listed in the Illinois
Controlled
Substances | ||||||
9 | Act, an intoxicating compound listed in the Use of | ||||||
10 | Intoxicating
Compounds Act, or methamphetamine as listed | ||||||
11 | in the Methamphetamine Control and Community Protection | ||||||
12 | Act, pursuant to Section 11-501.1; or | ||||||
13 | 3. three years from the effective date of the statutory | ||||||
14 | summary suspension
for any person other than a first | ||||||
15 | offender who refuses or fails to
complete a test or tests | ||||||
16 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
17 | concentration
pursuant to Section 11-501.1; or | ||||||
18 | 4. one year from the effective date of the summary | ||||||
19 | suspension imposed
for any person other than a first | ||||||
20 | offender following submission to a
chemical test which | ||||||
21 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
22 | to Section 11-501.1 , the presence of cannabis as listed in | ||||||
23 | the Cannabis Control Act with a tetrahydrocannabinol | ||||||
24 | concentration as defined in paragraph 6 of subsection (a) | ||||||
25 | of Section 11-501.2 of this Code, or any amount of a drug, | ||||||
26 | substance or
compound in such person's blood , other bodily |
| |||||||
| |||||||
1 | substance, or urine resulting from the unlawful use or
| ||||||
2 | consumption of cannabis listed in the Cannabis Control Act, | ||||||
3 | a
controlled
substance listed in the Illinois Controlled | ||||||
4 | Substances Act, an
intoxicating
compound listed in the Use | ||||||
5 | of Intoxicating Compounds Act, or methamphetamine as | ||||||
6 | listed in the Methamphetamine Control and Community | ||||||
7 | Protection Act; or | ||||||
8 | 5. (Blank). | ||||||
9 | (b) Following a statutory summary suspension of the | ||||||
10 | privilege to drive a
motor vehicle under Section 11-501.1, | ||||||
11 | driving privileges shall be
restored unless the person is | ||||||
12 | otherwise suspended, revoked, or cancelled by this Code. If
the | ||||||
13 | court has reason to believe that the person's
driving privilege | ||||||
14 | should not be restored, the court shall notify
the Secretary of | ||||||
15 | State prior to the expiration of the statutory summary
| ||||||
16 | suspension so appropriate action may be taken pursuant to this | ||||||
17 | Code. | ||||||
18 | (c) Driving privileges may not be restored until all | ||||||
19 | applicable
reinstatement fees, as provided by this Code, have | ||||||
20 | been paid to the Secretary
of State and the appropriate entry | ||||||
21 | made to the driver's record. | ||||||
22 | (d) Where a driving privilege has been summarily suspended | ||||||
23 | or revoked under Section
11-501.1 and the person is | ||||||
24 | subsequently convicted of violating Section
11-501, or a | ||||||
25 | similar provision of a local ordinance, for the same incident,
| ||||||
26 | any period served on statutory summary suspension or revocation |
| |||||||
| |||||||
1 | shall be credited toward
the minimum period of revocation of | ||||||
2 | driving privileges imposed pursuant to
Section 6-205. | ||||||
3 | (e) A first offender who refused chemical testing and whose | ||||||
4 | driving privileges were summarily revoked pursuant to Section | ||||||
5 | 11-501.1 shall not be eligible for a monitoring device driving | ||||||
6 | permit, but may make application for reinstatement or for a | ||||||
7 | restricted driving permit after a period of one year has | ||||||
8 | elapsed from the effective date of the revocation. | ||||||
9 | (f) (Blank). | ||||||
10 | (g) Following a statutory summary suspension of driving | ||||||
11 | privileges
pursuant to Section 11-501.1 where the person was | ||||||
12 | not a first offender, as
defined in Section 11-500, the | ||||||
13 | Secretary of State may not issue a
restricted driving permit. | ||||||
14 | (h) (Blank). | ||||||
15 | (Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14; | ||||||
16 | 98-1015, eff. 8-22-14; 98-1172, eff. 1-12-15.)
| ||||||
17 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||||||
18 | (Text of Section before amendment by P.A. 98-176 )
| ||||||
19 | Sec. 6-514. Commercial driver's license (CDL); commercial | ||||||
20 | learner's permit (CLP); disqualifications.
| ||||||
21 | (a) A person shall be disqualified from driving a | ||||||
22 | commercial motor
vehicle for a period of not less than 12 | ||||||
23 | months for the first violation of:
| ||||||
24 | (1) Refusing to submit to or failure to complete a test | ||||||
25 | or tests to determine the driver's blood concentration of |
| |||||||
| |||||||
1 | alcohol, other drug, or both
while driving a commercial | ||||||
2 | motor vehicle or, if the driver is a CDL holder, while | ||||||
3 | driving a non-CMV; or
| ||||||
4 | (2) Operating a commercial motor vehicle while the | ||||||
5 | alcohol
concentration of the person's blood, breath or | ||||||
6 | urine is at least 0.04, or any
amount of a drug, substance, | ||||||
7 | or compound in the person's blood or urine
resulting from | ||||||
8 | the unlawful use or consumption of cannabis listed in the
| ||||||
9 | Cannabis Control Act, a controlled substance listed in the | ||||||
10 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
11 | listed in the Methamphetamine Control and Community | ||||||
12 | Protection Act as indicated by a police officer's sworn | ||||||
13 | report or
other verified evidence; or operating a | ||||||
14 | non-commercial motor vehicle while the alcohol | ||||||
15 | concentration of the person's blood, breath, or urine was | ||||||
16 | above the legal limit defined in Section 11-501.1 or | ||||||
17 | 11-501.8 or any amount of a drug, substance, or compound in | ||||||
18 | the person's blood or urine resulting from the unlawful use | ||||||
19 | or consumption of cannabis listed in the Cannabis Control | ||||||
20 | Act, a controlled substance listed in the Illinois | ||||||
21 | Controlled Substances Act, or methamphetamine as listed in | ||||||
22 | the Methamphetamine Control and Community Protection Act
| ||||||
23 | as indicated by a police officer's sworn report or other | ||||||
24 | verified evidence while holding a commercial driver's | ||||||
25 | license; or
| ||||||
26 | (3) Conviction for a first violation of:
|
| |||||||
| |||||||
1 | (i) Driving a commercial motor vehicle or, if the | ||||||
2 | driver is a CDL holder, driving a non-CMV while under | ||||||
3 | the influence of
alcohol, or any other drug, or | ||||||
4 | combination of drugs to a degree which
renders such | ||||||
5 | person incapable of safely driving; or
| ||||||
6 | (ii) Knowingly leaving the scene of an accident | ||||||
7 | while
operating a commercial motor vehicle or, if the | ||||||
8 | driver is a CDL holder, while driving a non-CMV; or
| ||||||
9 | (iii) Driving a commercial motor vehicle or, if the | ||||||
10 | driver is a CDL holder, driving a non-CMV while | ||||||
11 | committing any felony; or | ||||||
12 | (iv) Driving a commercial motor vehicle while the | ||||||
13 | person's driving privileges or driver's license or | ||||||
14 | permit is revoked, suspended, or cancelled or the | ||||||
15 | driver is disqualified from operating a commercial | ||||||
16 | motor vehicle; or | ||||||
17 | (v) Causing a fatality through the negligent | ||||||
18 | operation of a commercial motor vehicle, including but | ||||||
19 | not limited to the crimes of motor vehicle | ||||||
20 | manslaughter, homicide by a motor vehicle, and | ||||||
21 | negligent homicide. | ||||||
22 | As used in this subdivision (a)(3)(v), "motor | ||||||
23 | vehicle manslaughter" means the offense of involuntary | ||||||
24 | manslaughter if committed by means of a vehicle; | ||||||
25 | "homicide by a motor vehicle" means the offense of | ||||||
26 | first degree murder or second degree murder, if either |
| |||||||
| |||||||
1 | offense is committed by means of a vehicle; and | ||||||
2 | "negligent homicide" means reckless homicide under | ||||||
3 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012 and aggravated driving under the | ||||||
5 | influence of alcohol, other drug or drugs, | ||||||
6 | intoxicating compound or compounds, or any combination | ||||||
7 | thereof under subdivision (d)(1)(F) of Section 11-501 | ||||||
8 | of this Code.
| ||||||
9 | If any of the above violations or refusals occurred | ||||||
10 | while
transporting hazardous material(s) required to be | ||||||
11 | placarded, the person
shall be disqualified for a period of | ||||||
12 | not less than 3 years; or
| ||||||
13 | (4) (Blank). | ||||||
14 | (b) A person is disqualified for life for a second | ||||||
15 | conviction of any of
the offenses specified in paragraph (a), | ||||||
16 | or any combination of those
offenses, arising from 2 or more | ||||||
17 | separate incidents.
| ||||||
18 | (c) A person is disqualified from driving a commercial | ||||||
19 | motor vehicle for
life if the person either (i) uses a | ||||||
20 | commercial motor vehicle in the commission of any felony
| ||||||
21 | involving the manufacture, distribution, or dispensing of a | ||||||
22 | controlled
substance, or possession with intent to | ||||||
23 | manufacture, distribute or dispense
a controlled substance or | ||||||
24 | (ii) if the person is a CDL holder, uses a non-CMV in the | ||||||
25 | commission of a felony involving any of those activities.
| ||||||
26 | (d) The Secretary of State may, when the United States |
| |||||||
| |||||||
1 | Secretary of
Transportation so authorizes, issue regulations | ||||||
2 | in which a disqualification
for life under paragraph (b) may be | ||||||
3 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
4 | driver is subsequently convicted of another disqualifying
| ||||||
5 | offense, as specified in subsection (a) of this Section, he or | ||||||
6 | she shall be
permanently disqualified for life and shall be | ||||||
7 | ineligible to again apply for a
reduction of the lifetime | ||||||
8 | disqualification.
| ||||||
9 | (e) A person is disqualified from driving a commercial | ||||||
10 | motor vehicle for
a period of not less than 2 months if | ||||||
11 | convicted of 2 serious traffic
violations, committed in a | ||||||
12 | commercial motor vehicle, non-CMV while holding a CDL, or any | ||||||
13 | combination thereof, arising from separate
incidents, | ||||||
14 | occurring within a 3 year period, provided the serious traffic | ||||||
15 | violation committed in a non-CMV would result in the suspension | ||||||
16 | or revocation of the CDL holder's non-CMV privileges. However, | ||||||
17 | a person will be
disqualified from driving a commercial motor | ||||||
18 | vehicle for a period of not less
than 4 months if convicted of | ||||||
19 | 3 serious traffic violations, committed in a
commercial motor | ||||||
20 | vehicle, non-CMV while holding a CDL, or any combination | ||||||
21 | thereof, arising from separate incidents, occurring within a 3
| ||||||
22 | year period, provided the serious traffic violation committed | ||||||
23 | in a non-CMV would result in the suspension or revocation of | ||||||
24 | the CDL holder's non-CMV privileges. If all the convictions | ||||||
25 | occurred in a non-CMV, the disqualification shall be entered | ||||||
26 | only if the convictions would result in the suspension or |
| |||||||
| |||||||
1 | revocation of the CDL holder's non-CMV privileges.
| ||||||
2 | (e-1) (Blank).
| ||||||
3 | (f) Notwithstanding any other provision of this Code, any | ||||||
4 | driver
disqualified from operating a commercial motor vehicle, | ||||||
5 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
6 | of commercial driving
privileges during any such period of | ||||||
7 | disqualification.
| ||||||
8 | (g) After suspending, revoking, or cancelling a commercial | ||||||
9 | driver's
license, the Secretary of State must update the | ||||||
10 | driver's records to reflect
such action within 10 days. After | ||||||
11 | suspending or revoking the driving privilege
of any person who | ||||||
12 | has been issued a CDL or commercial driver instruction permit
| ||||||
13 | from another jurisdiction, the Secretary shall originate | ||||||
14 | notification to
such issuing jurisdiction within 10 days.
| ||||||
15 | (h) The "disqualifications" referred to in this Section | ||||||
16 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
17 | by the Secretary of
State, unless the prohibited action(s) | ||||||
18 | occurred after March 31, 1992.
| ||||||
19 | (i) A person is disqualified from driving a commercial | ||||||
20 | motor vehicle in
accordance with the following:
| ||||||
21 | (1) For 6 months upon a first conviction of paragraph | ||||||
22 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
23 | of this Code.
| ||||||
24 | (2) For 2 years upon a second conviction of paragraph | ||||||
25 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
26 | combination of paragraphs (2) or (3) of subsection (b) or |
| |||||||
| |||||||
1 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
2 | within a 10-year period if the second conviction is a | ||||||
3 | violation of paragraph (2) of subsection (b) or subsection | ||||||
4 | (b-3).
| ||||||
5 | (3) For 3 years upon a third or subsequent conviction | ||||||
6 | of paragraph (2) of
subsection (b) or subsection (b-3) or | ||||||
7 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
8 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
9 | within a 10-year period if the third or subsequent | ||||||
10 | conviction is a violation of paragraph (2) of subsection | ||||||
11 | (b) or subsection (b-3).
| ||||||
12 | (4) For one year upon a first conviction of paragraph | ||||||
13 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
14 | of this Code.
| ||||||
15 | (5) For 3 years upon a second conviction of paragraph | ||||||
16 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
17 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
18 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
19 | within a 10-year period if the second conviction is a | ||||||
20 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
21 | (6) For 5 years upon a third or subsequent conviction | ||||||
22 | of paragraph (3) of
subsection (b) or subsection (b-5) or | ||||||
23 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
24 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
25 | within a 10-year period if the third or subsequent | ||||||
26 | conviction is a violation of paragraph (3) of subsection |
| |||||||
| |||||||
1 | (b) or (b-5).
| ||||||
2 | (j) Disqualification for railroad-highway grade crossing
| ||||||
3 | violation.
| ||||||
4 | (1) General rule. A driver who is convicted of a | ||||||
5 | violation of a federal,
State, or
local law or regulation | ||||||
6 | pertaining to
one of the following 6 offenses at a | ||||||
7 | railroad-highway grade crossing must be
disqualified
from | ||||||
8 | operating a commercial motor vehicle for the period of time | ||||||
9 | specified in
paragraph (2) of this subsection (j) if the | ||||||
10 | offense was committed while
operating a commercial motor | ||||||
11 | vehicle:
| ||||||
12 | (i) For drivers who are not required to always | ||||||
13 | stop, failing to
slow down and check that the tracks | ||||||
14 | are clear of an approaching train or railroad track | ||||||
15 | equipment, as
described in subsection (a-5) of Section | ||||||
16 | 11-1201 of this Code;
| ||||||
17 | (ii) For drivers who are not required to always | ||||||
18 | stop, failing to
stop before reaching the crossing, if | ||||||
19 | the tracks are not clear, as described in
subsection | ||||||
20 | (a) of Section 11-1201 of this Code;
| ||||||
21 | (iii) For drivers who are always required to stop, | ||||||
22 | failing to stop
before driving onto the crossing, as | ||||||
23 | described in Section 11-1202 of this Code;
| ||||||
24 | (iv) For all drivers, failing to have sufficient | ||||||
25 | space to drive
completely through the crossing without | ||||||
26 | stopping, as described in subsection
(b) of Section |
| |||||||
| |||||||
1 | 11-1425 of this Code;
| ||||||
2 | (v) For all drivers, failing to obey a traffic | ||||||
3 | control device or
the directions of an enforcement | ||||||
4 | official at the crossing, as described in
subdivision | ||||||
5 | (a)2 of Section 11-1201 of this Code;
| ||||||
6 | (vi) For all drivers, failing to negotiate a | ||||||
7 | crossing because of
insufficient undercarriage | ||||||
8 | clearance, as described in subsection (d-1) of
Section | ||||||
9 | 11-1201 of this Code.
| ||||||
10 | (2) Duration of disqualification for railroad-highway | ||||||
11 | grade
crossing violation.
| ||||||
12 | (i) First violation. A driver must be disqualified | ||||||
13 | from operating a
commercial motor vehicle
for not less | ||||||
14 | than 60 days if the driver is convicted of a violation | ||||||
15 | described
in paragraph
(1) of this subsection (j) and, | ||||||
16 | in the three-year period preceding the
conviction, the | ||||||
17 | driver
had no convictions for a violation described in | ||||||
18 | paragraph (1) of this
subsection (j).
| ||||||
19 | (ii) Second violation. A driver must be | ||||||
20 | disqualified from operating a
commercial
motor vehicle
| ||||||
21 | for not less
than 120 days if the driver is convicted
| ||||||
22 | of a violation described in paragraph (1) of this | ||||||
23 | subsection (j) and, in the
three-year
period preceding | ||||||
24 | the conviction, the driver had one other conviction for | ||||||
25 | a
violation
described in paragraph (1) of this | ||||||
26 | subsection (j) that was committed in a
separate
|
| |||||||
| |||||||
1 | incident.
| ||||||
2 | (iii) Third or subsequent violation. A driver must | ||||||
3 | be disqualified from
operating a
commercial motor | ||||||
4 | vehicle
for not less than one year if the driver is | ||||||
5 | convicted
of a violation described in paragraph (1) of | ||||||
6 | this subsection (j) and, in the
three-year
period | ||||||
7 | preceding the conviction, the driver had 2 or more | ||||||
8 | other convictions for
violations
described in | ||||||
9 | paragraph (1) of this subsection (j) that were | ||||||
10 | committed in
separate incidents.
| ||||||
11 | (k) Upon notification of a disqualification of a driver's | ||||||
12 | commercial motor vehicle privileges imposed by the U.S. | ||||||
13 | Department of Transportation, Federal Motor Carrier Safety | ||||||
14 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
15 | Secretary of State shall immediately record to the driving | ||||||
16 | record the notice of disqualification and confirm to the driver | ||||||
17 | the action that has been taken.
| ||||||
18 | (l) A foreign commercial driver is subject to | ||||||
19 | disqualification under this Section. | ||||||
20 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
21 | 98-122, eff. 1-1-14; 98-722, eff. 7-16-14; 98-756, eff. | ||||||
22 | 7-16-14.)
| ||||||
23 | (Text of Section after amendment by P.A. 98-176 )
| ||||||
24 | Sec. 6-514. Commercial driver's license (CDL); commercial | ||||||
25 | learner's permit (CLP); disqualifications.
|
| |||||||
| |||||||
1 | (a) A person shall be disqualified from driving a | ||||||
2 | commercial motor
vehicle for a period of not less than 12 | ||||||
3 | months for the first violation of:
| ||||||
4 | (1) Refusing to submit to or failure to complete a test | ||||||
5 | or tests to determine the driver's blood concentration of | ||||||
6 | alcohol, other drug, or both
while driving a commercial | ||||||
7 | motor vehicle or, if the driver is a CLP or CDL holder, | ||||||
8 | while driving a non-CMV; or
| ||||||
9 | (2) Operating a commercial motor vehicle while the | ||||||
10 | alcohol
concentration of the person's blood, breath , other | ||||||
11 | bodily substance, or urine is at least 0.04, or any
amount | ||||||
12 | of a drug, substance, or compound in the person's blood , | ||||||
13 | other bodily substance, or urine
resulting from the | ||||||
14 | unlawful use or consumption of cannabis listed in the
| ||||||
15 | Cannabis Control Act, a controlled substance listed in the | ||||||
16 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
17 | listed in the Methamphetamine Control and Community | ||||||
18 | Protection Act as indicated by a police officer's sworn | ||||||
19 | report or
other verified evidence; or operating a | ||||||
20 | non-commercial motor vehicle while the alcohol | ||||||
21 | concentration of the person's blood, breath, other bodily | ||||||
22 | substance, or urine was above the legal limit defined in | ||||||
23 | Section 11-501.1 or 11-501.8 or any amount of a drug, | ||||||
24 | substance, or compound in the person's blood , other bodily | ||||||
25 | substance, or urine resulting from the unlawful use or | ||||||
26 | consumption of cannabis listed in the Cannabis Control Act, |
| |||||||
| |||||||
1 | a controlled substance listed in the Illinois Controlled | ||||||
2 | Substances Act, or methamphetamine as listed in the | ||||||
3 | Methamphetamine Control and Community Protection Act
as | ||||||
4 | indicated by a police officer's sworn report or other | ||||||
5 | verified evidence while holding a CLP or CDL; or
| ||||||
6 | (3) Conviction for a first violation of:
| ||||||
7 | (i) Driving a commercial motor vehicle or, if the | ||||||
8 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
9 | under the influence of
alcohol, or any other drug, or | ||||||
10 | combination of drugs to a degree which
renders such | ||||||
11 | person incapable of safely driving; or
| ||||||
12 | (ii) Knowingly leaving the scene of an accident | ||||||
13 | while
operating a commercial motor vehicle or, if the | ||||||
14 | driver is a CLP or CDL holder, while driving a non-CMV; | ||||||
15 | or
| ||||||
16 | (iii) Driving a commercial motor vehicle or, if the | ||||||
17 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
18 | committing any felony; or | ||||||
19 | (iv) Driving a commercial motor vehicle while the | ||||||
20 | person's driving privileges or driver's license or | ||||||
21 | permit is revoked, suspended, or cancelled or the | ||||||
22 | driver is disqualified from operating a commercial | ||||||
23 | motor vehicle; or | ||||||
24 | (v) Causing a fatality through the negligent | ||||||
25 | operation of a commercial motor vehicle, including but | ||||||
26 | not limited to the crimes of motor vehicle |
| |||||||
| |||||||
1 | manslaughter, homicide by a motor vehicle, and | ||||||
2 | negligent homicide. | ||||||
3 | As used in this subdivision (a)(3)(v), "motor | ||||||
4 | vehicle manslaughter" means the offense of involuntary | ||||||
5 | manslaughter if committed by means of a vehicle; | ||||||
6 | "homicide by a motor vehicle" means the offense of | ||||||
7 | first degree murder or second degree murder, if either | ||||||
8 | offense is committed by means of a vehicle; and | ||||||
9 | "negligent homicide" means reckless homicide under | ||||||
10 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 and aggravated driving under the | ||||||
12 | influence of alcohol, other drug or drugs, | ||||||
13 | intoxicating compound or compounds, or any combination | ||||||
14 | thereof under subdivision (d)(1)(F) of Section 11-501 | ||||||
15 | of this Code.
| ||||||
16 | If any of the above violations or refusals occurred | ||||||
17 | while
transporting hazardous material(s) required to be | ||||||
18 | placarded, the person
shall be disqualified for a period of | ||||||
19 | not less than 3 years; or
| ||||||
20 | (4) (Blank). | ||||||
21 | (b) A person is disqualified for life for a second | ||||||
22 | conviction of any of
the offenses specified in paragraph (a), | ||||||
23 | or any combination of those
offenses, arising from 2 or more | ||||||
24 | separate incidents.
| ||||||
25 | (c) A person is disqualified from driving a commercial | ||||||
26 | motor vehicle for
life if the person either (i) uses a |
| |||||||
| |||||||
1 | commercial motor vehicle in the commission of any felony
| ||||||
2 | involving the manufacture, distribution, or dispensing of a | ||||||
3 | controlled
substance, or possession with intent to | ||||||
4 | manufacture, distribute or dispense
a controlled substance or | ||||||
5 | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the | ||||||
6 | commission of a felony involving any of those activities.
| ||||||
7 | (d) The Secretary of State may, when the United States | ||||||
8 | Secretary of
Transportation so authorizes, issue regulations | ||||||
9 | in which a disqualification
for life under paragraph (b) may be | ||||||
10 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
11 | driver is subsequently convicted of another disqualifying
| ||||||
12 | offense, as specified in subsection (a) of this Section, he or | ||||||
13 | she shall be
permanently disqualified for life and shall be | ||||||
14 | ineligible to again apply for a
reduction of the lifetime | ||||||
15 | disqualification.
| ||||||
16 | (e) A person is disqualified from driving a commercial | ||||||
17 | motor vehicle for
a period of not less than 2 months if | ||||||
18 | convicted of 2 serious traffic
violations, committed in a | ||||||
19 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
20 | or any combination thereof, arising from separate
incidents, | ||||||
21 | occurring within a 3 year period, provided the serious traffic | ||||||
22 | violation committed in a non-CMV would result in the suspension | ||||||
23 | or revocation of the CLP or CDL holder's non-CMV privileges. | ||||||
24 | However, a person will be
disqualified from driving a | ||||||
25 | commercial motor vehicle for a period of not less
than 4 months | ||||||
26 | if convicted of 3 serious traffic violations, committed in a
|
| |||||||
| |||||||
1 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
2 | or any combination thereof, arising from separate incidents, | ||||||
3 | occurring within a 3
year period, provided the serious traffic | ||||||
4 | violation committed in a non-CMV would result in the suspension | ||||||
5 | or revocation of the CLP or CDL holder's non-CMV privileges. If | ||||||
6 | all the convictions occurred in a non-CMV, the disqualification | ||||||
7 | shall be entered only if the convictions would result in the | ||||||
8 | suspension or revocation of the CLP or CDL holder's non-CMV | ||||||
9 | privileges.
| ||||||
10 | (e-1) (Blank).
| ||||||
11 | (f) Notwithstanding any other provision of this Code, any | ||||||
12 | driver
disqualified from operating a commercial motor vehicle, | ||||||
13 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
14 | of commercial driving
privileges during any such period of | ||||||
15 | disqualification.
| ||||||
16 | (g) After suspending, revoking, or cancelling a CLP or CDL, | ||||||
17 | the Secretary of State must update the driver's records to | ||||||
18 | reflect
such action within 10 days. After suspending or | ||||||
19 | revoking the driving privilege
of any person who has been | ||||||
20 | issued a CLP or CDL from another jurisdiction, the Secretary | ||||||
21 | shall originate notification to
such issuing jurisdiction | ||||||
22 | within 10 days.
| ||||||
23 | (h) The "disqualifications" referred to in this Section | ||||||
24 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
25 | by the Secretary of
State, unless the prohibited action(s) | ||||||
26 | occurred after March 31, 1992.
|
| |||||||
| |||||||
1 | (i) A person is disqualified from driving a commercial | ||||||
2 | motor vehicle in
accordance with the following:
| ||||||
3 | (1) For 6 months upon a first conviction of paragraph | ||||||
4 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
5 | of this Code.
| ||||||
6 | (2) For 2 years upon a second conviction of paragraph | ||||||
7 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
8 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
9 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
10 | within a 10-year period if the second conviction is a | ||||||
11 | violation of paragraph (2) of subsection (b) or subsection | ||||||
12 | (b-3).
| ||||||
13 | (3) For 3 years upon a third or subsequent conviction | ||||||
14 | of paragraph (2) of
subsection (b) or subsection (b-3) or | ||||||
15 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
16 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
17 | within a 10-year period if the third or subsequent | ||||||
18 | conviction is a violation of paragraph (2) of subsection | ||||||
19 | (b) or subsection (b-3).
| ||||||
20 | (4) For one year upon a first conviction of paragraph | ||||||
21 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
22 | of this Code.
| ||||||
23 | (5) For 3 years upon a second conviction of paragraph | ||||||
24 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
25 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
26 | subsections (b-3) or (b-5) of Section 6-507 of this Code |
| |||||||
| |||||||
1 | within a 10-year period if the second conviction is a | ||||||
2 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
3 | (6) For 5 years upon a third or subsequent conviction | ||||||
4 | of paragraph (3) of
subsection (b) or subsection (b-5) or | ||||||
5 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
6 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
7 | within a 10-year period if the third or subsequent | ||||||
8 | conviction is a violation of paragraph (3) of subsection | ||||||
9 | (b) or (b-5).
| ||||||
10 | (j) Disqualification for railroad-highway grade crossing
| ||||||
11 | violation.
| ||||||
12 | (1) General rule. A driver who is convicted of a | ||||||
13 | violation of a federal,
State, or
local law or regulation | ||||||
14 | pertaining to
one of the following 6 offenses at a | ||||||
15 | railroad-highway grade crossing must be
disqualified
from | ||||||
16 | operating a commercial motor vehicle for the period of time | ||||||
17 | specified in
paragraph (2) of this subsection (j) if the | ||||||
18 | offense was committed while
operating a commercial motor | ||||||
19 | vehicle:
| ||||||
20 | (i) For drivers who are not required to always | ||||||
21 | stop, failing to
slow down and check that the tracks | ||||||
22 | are clear of an approaching train or railroad track | ||||||
23 | equipment, as
described in subsection (a-5) of Section | ||||||
24 | 11-1201 of this Code;
| ||||||
25 | (ii) For drivers who are not required to always | ||||||
26 | stop, failing to
stop before reaching the crossing, if |
| |||||||
| |||||||
1 | the tracks are not clear, as described in
subsection | ||||||
2 | (a) of Section 11-1201 of this Code;
| ||||||
3 | (iii) For drivers who are always required to stop, | ||||||
4 | failing to stop
before driving onto the crossing, as | ||||||
5 | described in Section 11-1202 of this Code;
| ||||||
6 | (iv) For all drivers, failing to have sufficient | ||||||
7 | space to drive
completely through the crossing without | ||||||
8 | stopping, as described in subsection
(b) of Section | ||||||
9 | 11-1425 of this Code;
| ||||||
10 | (v) For all drivers, failing to obey a traffic | ||||||
11 | control device or
the directions of an enforcement | ||||||
12 | official at the crossing, as described in
subdivision | ||||||
13 | (a)2 of Section 11-1201 of this Code;
| ||||||
14 | (vi) For all drivers, failing to negotiate a | ||||||
15 | crossing because of
insufficient undercarriage | ||||||
16 | clearance, as described in subsection (d-1) of
Section | ||||||
17 | 11-1201 of this Code.
| ||||||
18 | (2) Duration of disqualification for railroad-highway | ||||||
19 | grade
crossing violation.
| ||||||
20 | (i) First violation. A driver must be disqualified | ||||||
21 | from operating a
commercial motor vehicle
for not less | ||||||
22 | than 60 days if the driver is convicted of a violation | ||||||
23 | described
in paragraph
(1) of this subsection (j) and, | ||||||
24 | in the three-year period preceding the
conviction, the | ||||||
25 | driver
had no convictions for a violation described in | ||||||
26 | paragraph (1) of this
subsection (j).
|
| |||||||
| |||||||
1 | (ii) Second violation. A driver must be | ||||||
2 | disqualified from operating a
commercial
motor vehicle
| ||||||
3 | for not less
than 120 days if the driver is convicted
| ||||||
4 | of a violation described in paragraph (1) of this | ||||||
5 | subsection (j) and, in the
three-year
period preceding | ||||||
6 | the conviction, the driver had one other conviction for | ||||||
7 | a
violation
described in paragraph (1) of this | ||||||
8 | subsection (j) that was committed in a
separate
| ||||||
9 | incident.
| ||||||
10 | (iii) Third or subsequent violation. A driver must | ||||||
11 | be disqualified from
operating a
commercial motor | ||||||
12 | vehicle
for not less than one year if the driver is | ||||||
13 | convicted
of a violation described in paragraph (1) of | ||||||
14 | this subsection (j) and, in the
three-year
period | ||||||
15 | preceding the conviction, the driver had 2 or more | ||||||
16 | other convictions for
violations
described in | ||||||
17 | paragraph (1) of this subsection (j) that were | ||||||
18 | committed in
separate incidents.
| ||||||
19 | (k) Upon notification of a disqualification of a driver's | ||||||
20 | commercial motor vehicle privileges imposed by the U.S. | ||||||
21 | Department of Transportation, Federal Motor Carrier Safety | ||||||
22 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
23 | Secretary of State shall immediately record to the driving | ||||||
24 | record the notice of disqualification and confirm to the driver | ||||||
25 | the action that has been taken.
| ||||||
26 | (l) A foreign commercial driver is subject to |
| |||||||
| |||||||
1 | disqualification under this Section. | ||||||
2 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
3 | 98-122, eff. 1-1-14; 98-176, eff. 7-8-15 (see Section 10 of | ||||||
4 | P.A. 98-722 for the effective date of changes made by P.A. | ||||||
5 | 98-176); 98-722, eff. 7-16-14; 98-756, eff. 7-16-14; 98-1172, | ||||||
6 | eff. 1-12-15.)
| ||||||
7 | (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
| ||||||
8 | Sec. 6-517. Commercial driver; implied consent warnings.
| ||||||
9 | (a) Any person driving a commercial motor vehicle who is
| ||||||
10 | requested by a police officer, pursuant to Section 6-516, to | ||||||
11 | submit to a
chemical test or tests to determine the alcohol | ||||||
12 | concentration
or any amount of a drug, substance, or compound | ||||||
13 | resulting from the unlawful
use or consumption of cannabis | ||||||
14 | listed in the Cannabis Control Act, a
controlled substance | ||||||
15 | listed in the Illinois Controlled Substances Act, an | ||||||
16 | intoxicating compound listed in the Use of Intoxicating | ||||||
17 | Compounds Act, or methamphetamine as listed in the | ||||||
18 | Methamphetamine Control and Community Protection Act
in such | ||||||
19 | person's system, must be warned by the police officer
| ||||||
20 | requesting the
test or tests that a refusal to submit to the | ||||||
21 | test or tests will result in that
person being immediately | ||||||
22 | placed out-of-service for a period of 24 hours and
being | ||||||
23 | disqualified from operating a commercial motor vehicle for a | ||||||
24 | period of
not less than 12 months; the person shall also be | ||||||
25 | warned that if
such person
submits to testing which discloses |
| |||||||
| |||||||
1 | an alcohol concentration of greater than
0.00 but less than | ||||||
2 | 0.04 or any amount of a drug, substance, or compound in
such
| ||||||
3 | person's blood , other bodily substance, or urine resulting from | ||||||
4 | the unlawful use or consumption of
cannabis listed in the | ||||||
5 | Cannabis Control Act, a controlled substance listed in
the | ||||||
6 | Illinois Controlled Substances Act, an intoxicating compound | ||||||
7 | listed in the Use of Intoxicating Compounds Act, or | ||||||
8 | methamphetamine as listed in the Methamphetamine Control and | ||||||
9 | Community Protection Act, such person shall be
placed | ||||||
10 | immediately
out-of-service for a period of 24 hours; if the | ||||||
11 | person submits to testing which
discloses an alcohol | ||||||
12 | concentration of 0.04 or more or any amount of a drug,
| ||||||
13 | substance, or compound in such person's blood , other bodily | ||||||
14 | substance, or urine resulting
from the
unlawful use or | ||||||
15 | consumption of cannabis listed in the Cannabis Control Act, a
| ||||||
16 | controlled substance listed in the Illinois Controlled | ||||||
17 | Substances Act,
an intoxicating compound listed in the Use of | ||||||
18 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
19 | Methamphetamine Control and Community Protection Act, such
| ||||||
20 | person shall be placed immediately out-of-service and | ||||||
21 | disqualified from driving
a commercial motor vehicle for a | ||||||
22 | period of at least 12 months; also the person
shall be warned | ||||||
23 | that if such testing discloses an alcohol
concentration of | ||||||
24 | 0.08, or more or any amount of a drug, substance,
or compound | ||||||
25 | in such person's
blood , other bodily substance, or urine | ||||||
26 | resulting from the unlawful use or consumption of cannabis
|
| |||||||
| |||||||
1 | listed in the Cannabis Control Act, a controlled substance | ||||||
2 | listed in the
Illinois Controlled Substances Act, an | ||||||
3 | intoxicating compound listed in the Use of Intoxicating | ||||||
4 | Compounds Act, or methamphetamine as listed in the | ||||||
5 | Methamphetamine Control and Community Protection Act, in | ||||||
6 | addition to the person being immediately
placed out-of-service | ||||||
7 | and disqualified for 12 months as provided in this UCDLA,
the | ||||||
8 | results of such testing shall also be admissible in
| ||||||
9 | prosecutions for
violations of Section 11-501 of this Code, or | ||||||
10 | similar violations of local
ordinances, however, such results | ||||||
11 | shall not be used to impose any
driving
sanctions pursuant to | ||||||
12 | Section 11-501.1 of this Code.
| ||||||
13 | The person shall also be warned that any disqualification | ||||||
14 | imposed pursuant
to this Section, shall be for life for any | ||||||
15 | such offense or refusal,
or combination thereof; including a | ||||||
16 | conviction for violating Section 11-501
while driving a | ||||||
17 | commercial motor vehicle, or similar provisions of local
| ||||||
18 | ordinances, committed a second time involving separate | ||||||
19 | incidents.
| ||||||
20 | (b) If the person refuses or fails to complete testing, or | ||||||
21 | submits to a
test which discloses an alcohol concentration of | ||||||
22 | at least 0.04,
or any amount of a drug, substance, or compound | ||||||
23 | in such person's
blood , other bodily substance, or
urine | ||||||
24 | resulting from the unlawful use or consumption of cannabis | ||||||
25 | listed in the
Cannabis Control Act, a controlled substance | ||||||
26 | listed in the Illinois
Controlled Substances Act, an |
| |||||||
| |||||||
1 | intoxicating compound listed in the Use of Intoxicating | ||||||
2 | Compounds Act, or methamphetamine as listed in the | ||||||
3 | Methamphetamine Control and Community Protection Act, the law | ||||||
4 | enforcement officer must
submit a Sworn Report to the Secretary | ||||||
5 | of State, in a form prescribed by
the Secretary, certifying | ||||||
6 | that the test or tests was requested pursuant to
paragraph (a); | ||||||
7 | that the person was warned, as provided in paragraph (a)
and | ||||||
8 | that such person refused to submit to or failed to complete
| ||||||
9 | testing, or
submitted to a test which disclosed an alcohol
| ||||||
10 | concentration of 0.04 or more, or any amount of a drug, | ||||||
11 | substance, or
compound in such person's blood , other bodily | ||||||
12 | substance, or urine resulting from the unlawful use or
| ||||||
13 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
14 | controlled
substance listed in the Illinois Controlled | ||||||
15 | Substances Act, an intoxicating compound listed in the Use of | ||||||
16 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
17 | Methamphetamine Control and Community Protection Act.
| ||||||
18 | (c) The police officer submitting the Sworn Report under | ||||||
19 | this Section
shall serve notice of the CDL disqualification on | ||||||
20 | the person and
such CDL
disqualification shall be effective as | ||||||
21 | provided in paragraph (d). In cases
where the blood alcohol | ||||||
22 | concentration of 0.04 or more,
or any amount of a drug, | ||||||
23 | substance, or
compound in such person's blood , other bodily | ||||||
24 | substance, or urine resulting from the
unlawful use or
| ||||||
25 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
26 | controlled
substance listed in the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, an intoxicating compound listed in the Use of | ||||||
2 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
3 | Methamphetamine Control and Community Protection Act, is | ||||||
4 | established by
subsequent analysis of blood , other bodily | ||||||
5 | substance, or urine collected at the time of the request,
the | ||||||
6 | police officer shall give notice as provided in this Section or | ||||||
7 | by
deposit in the United States mail of such notice as provided | ||||||
8 | in
this
Section or by deposit in the United States mail of such | ||||||
9 | notice in
an
envelope with postage prepaid and addressed to | ||||||
10 | such person's
domiciliary
address as shown on the Sworn Report | ||||||
11 | and the CDL disqualification shall
begin as provided in | ||||||
12 | paragraph (d).
| ||||||
13 | (d) The CDL disqualification referred to in this Section | ||||||
14 | shall take
effect on the 46th day following the date the Sworn | ||||||
15 | Report was given to the
affected person.
| ||||||
16 | (e) Upon receipt of the Sworn Report from the police | ||||||
17 | officer, the
Secretary of State shall disqualify the person | ||||||
18 | from driving any commercial
motor vehicle and shall confirm the | ||||||
19 | CDL disqualification by mailing the
notice of the effective | ||||||
20 | date to the person. However, should the Sworn
Report be | ||||||
21 | defective by not containing sufficient information or be
| ||||||
22 | completed in error, the confirmation of the CDL | ||||||
23 | disqualification shall not
be mailed to the affected person or | ||||||
24 | entered into the record, instead the
Sworn Report shall be | ||||||
25 | forwarded to the issuing
agency identifying any such defect.
| ||||||
26 | (Source: P.A. 95-355, eff. 1-1-08.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
| ||||||
2 | Sec. 11-401. Motor vehicle accidents involving death or | ||||||
3 | personal injuries.
| ||||||
4 | (a) The driver of any vehicle involved in a motor vehicle | ||||||
5 | accident
resulting in personal injury to or death of any person | ||||||
6 | shall immediately stop
such vehicle at the scene of such | ||||||
7 | accident, or as close thereto as possible
and shall then | ||||||
8 | forthwith return to, and in every event shall remain at the
| ||||||
9 | scene of the accident until the requirements of Section 11-403 | ||||||
10 | have been
fulfilled. Every such stop shall be made without | ||||||
11 | obstructing traffic more
than is necessary.
| ||||||
12 | (b) Any person who has failed to stop or to comply with the
| ||||||
13 | requirements of paragraph (a) shall, as soon as possible but in | ||||||
14 | no case
later than one-half hour after such motor
vehicle | ||||||
15 | accident, or, if hospitalized and incapacitated from reporting | ||||||
16 | at any
time during such period, as soon as possible but in no | ||||||
17 | case later than one-half
hour
after
being discharged from the
| ||||||
18 | hospital, report the place of the accident, the date, the | ||||||
19 | approximate time,
the
driver's name and address, the | ||||||
20 | registration number of the vehicle
driven, and the names of all | ||||||
21 | other occupants of
such vehicle, at a police station or | ||||||
22 | sheriff's office near the place where
such accident occurred. | ||||||
23 | No report made as required under this paragraph shall be used,
| ||||||
24 | directly or indirectly, as a basis for the prosecution of any
| ||||||
25 | violation of paragraph (a).
|
| |||||||
| |||||||
1 | (b-1) Any person arrested for violating this Section is | ||||||
2 | subject to chemical testing of his or her blood, breath, other | ||||||
3 | bodily substance, or urine for the presence of alcohol, other | ||||||
4 | drug or drugs, intoxicating compound or compounds, or any | ||||||
5 | combination thereof, as provided in Section 11-501.1, if the | ||||||
6 | testing occurs within 12 hours of the time of the occurrence of | ||||||
7 | the accident that led to his or her arrest. The person's | ||||||
8 | driving privileges are subject to statutory summary suspension | ||||||
9 | under Section 11-501.1 if he or she fails testing or statutory | ||||||
10 | summary revocation under Section 11-501.1 if he or she refuses | ||||||
11 | to undergo the testing.
| ||||||
12 | For purposes of this Section, personal injury shall mean | ||||||
13 | any injury
requiring immediate professional treatment in a | ||||||
14 | medical facility or
doctor's office.
| ||||||
15 | (c) Any person failing to comply with paragraph (a) shall | ||||||
16 | be guilty of a Class 4 felony.
| ||||||
17 | (d) Any person failing to comply with paragraph (b) is
| ||||||
18 | guilty
of
a Class 2 felony if the
motor vehicle accident does | ||||||
19 | not result in the death of any person.
Any person failing to | ||||||
20 | comply with paragraph (b)
when the accident results in the | ||||||
21 | death of
any person is guilty of a Class 1
felony.
| ||||||
22 | (e) The Secretary of State shall revoke the driving | ||||||
23 | privilege of any person
convicted of a violation of this | ||||||
24 | Section.
| ||||||
25 | (Source: P.A. 95-347, eff. 1-1-08; 96-1344, eff. 7-1-11 .)
|
| |||||||
| |||||||
1 | (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
| ||||||
2 | Sec. 11-500. Definitions. For the purposes of interpreting | ||||||
3 | Sections
6-206.1 and 6-208.1 of this Code, "first offender" | ||||||
4 | shall mean any person
who has not had a previous conviction or | ||||||
5 | court assigned supervision for
violating Section 11-501, or a | ||||||
6 | similar provision of a local ordinance,
or a conviction in any | ||||||
7 | other state for a violation of driving while under
the | ||||||
8 | influence or a similar offense where the cause of action is the | ||||||
9 | same
or substantially similar to this Code or similar offenses | ||||||
10 | committed on a military installation, or any person who has not | ||||||
11 | had a driver's license suspension pursuant to paragraph 6 of | ||||||
12 | subsection (a) of Section 6-206 as the result of refusal of | ||||||
13 | chemical testing in another state, or any
person who has not | ||||||
14 | had a driver's license
suspension or revocation for violating | ||||||
15 | Section 11-501.1 within 5 years prior to the date of
the
| ||||||
16 | current offense, except in cases where the driver submitted to
| ||||||
17 | chemical testing resulting in an alcohol concentration of 0.08 | ||||||
18 | or
more,
or any amount of a drug, substance, or compound in | ||||||
19 | such person's blood , other bodily substance, or
urine resulting | ||||||
20 | from the unlawful use or consumption of cannabis listed in
the | ||||||
21 | Cannabis Control Act, a controlled substance listed in the
| ||||||
22 | Illinois
Controlled Substances Act, or an intoxicating | ||||||
23 | compound listed in the Use
of
Intoxicating Compounds Act, or | ||||||
24 | methamphetamine as listed in the Methamphetamine Control and | ||||||
25 | Community Protection Act and
was subsequently found not guilty | ||||||
26 | of violating Section 11-501, or a similar
provision of a local |
| |||||||
| |||||||
1 | ordinance. | ||||||
2 | (Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09; | ||||||
3 | 96-1344, eff. 7-1-11 .)
| ||||||
4 | (625 ILCS 5/11-500.1)
| ||||||
5 | Sec. 11-500.1. Immunity.
| ||||||
6 | (a) A person authorized under this Article to withdraw | ||||||
7 | blood or collect
urine or other bodily substance shall not be | ||||||
8 | civilly liable for damages when the person, in good faith,
| ||||||
9 | withdraws blood or collects urine or other bodily substance for | ||||||
10 | evidentiary purposes under this Code,
upon the request of a law | ||||||
11 | enforcement officer, unless the act is performed in a
willful | ||||||
12 | and wanton manner.
| ||||||
13 | (b) As used in this Section, "willful and wanton manner" | ||||||
14 | means a course of
action that shows an actual or deliberate | ||||||
15 | intention to cause harm or which, if
not intentional, shows an | ||||||
16 | utter indifference to or conscious disregard for the
health or | ||||||
17 | safety of another.
| ||||||
18 | (Source: P.A. 89-689, eff. 12-31-96.)
| ||||||
19 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
20 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
21 | other drug or drugs, intoxicating compound or compounds or any | ||||||
22 | combination thereof.
| ||||||
23 | (a) A person shall not drive or be in actual physical | ||||||
24 | control of any vehicle within this State while: |
| |||||||
| |||||||
1 | (1) the alcohol concentration in the person's blood , | ||||||
2 | other bodily substance, or breath is 0.08 or more based on | ||||||
3 | the definition of blood and breath units in Section | ||||||
4 | 11-501.2; | ||||||
5 | (2) under the influence of alcohol; | ||||||
6 | (3) under the influence of any intoxicating compound or | ||||||
7 | combination of intoxicating compounds to a degree that | ||||||
8 | renders the person incapable of driving safely; | ||||||
9 | (4) under the influence of any other drug or | ||||||
10 | combination of drugs to a degree that renders the person | ||||||
11 | incapable of safely driving; | ||||||
12 | (5) under the combined influence of alcohol, other drug | ||||||
13 | or drugs, or intoxicating compound or compounds to a degree | ||||||
14 | that renders the person incapable of safely driving; or | ||||||
15 | (6) there is any amount of a drug, substance, or | ||||||
16 | compound in the person's breath, blood, other bodily | ||||||
17 | substance, or urine resulting from the unlawful use or | ||||||
18 | consumption of cannabis listed in the Cannabis Control Act, | ||||||
19 | a controlled substance listed in the Illinois Controlled | ||||||
20 | Substances Act, an intoxicating compound listed in the Use | ||||||
21 | of Intoxicating Compounds Act, or methamphetamine as | ||||||
22 | listed in the Methamphetamine Control and Community | ||||||
23 | Protection Act ; or | ||||||
24 | (7) the person has, within 2 hours of driving or being | ||||||
25 | in actual physical control of a vehicle, a | ||||||
26 | tetrahydrocannabinol concentration in the person's whole |
| |||||||
| |||||||
1 | blood or other bodily substance as defined in paragraph 6 | ||||||
2 | of subsection (a) of Section 11-501.2 .
Subject to all other | ||||||
3 | requirements and provisions under this Section, this | ||||||
4 | paragraph (7) (6) does not apply to the lawful consumption | ||||||
5 | of cannabis by a qualifying patient licensed under the | ||||||
6 | Compassionate Use of Medical Cannabis Pilot Program Act who | ||||||
7 | is in possession of a valid registry card issued under that | ||||||
8 | Act, unless that person is impaired by the use of cannabis. | ||||||
9 | (b) The fact that any person charged with violating this | ||||||
10 | Section is or has been legally entitled to use alcohol, | ||||||
11 | cannabis under the Compassionate Use of Medical Cannabis Pilot | ||||||
12 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
13 | compounds, or any combination thereof, shall not constitute a | ||||||
14 | defense against any charge of violating this Section. | ||||||
15 | (c) Penalties. | ||||||
16 | (1) Except as otherwise provided in this Section, any | ||||||
17 | person convicted of violating subsection (a) of this | ||||||
18 | Section is guilty of a Class A misdemeanor. | ||||||
19 | (2) A person who violates subsection (a) or a similar | ||||||
20 | provision a second time shall be sentenced to a mandatory | ||||||
21 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
22 | of community service in addition to any other criminal or | ||||||
23 | administrative sanction. | ||||||
24 | (3) A person who violates subsection (a) is subject to | ||||||
25 | 6 months of imprisonment, an additional mandatory minimum | ||||||
26 | fine of $1,000, and 25 days of community service in a |
| |||||||
| |||||||
1 | program benefiting children if the person was transporting | ||||||
2 | a person under the age of 16 at the time of the violation. | ||||||
3 | (4) A person who violates subsection (a) a first time, | ||||||
4 | if the alcohol concentration in his or her blood, breath, | ||||||
5 | other bodily substance, or urine was 0.16 or more based on | ||||||
6 | the definition of blood, breath, other bodily substance, or | ||||||
7 | urine units in Section 11-501.2, shall be subject, in | ||||||
8 | addition to any other penalty that may be imposed, to a | ||||||
9 | mandatory minimum of 100 hours of community service and a | ||||||
10 | mandatory minimum fine of $500. | ||||||
11 | (5) A person who violates subsection (a) a second time, | ||||||
12 | if at the time of the second violation the alcohol | ||||||
13 | concentration in his or her blood, breath, other bodily | ||||||
14 | substance, or urine was 0.16 or more based on the | ||||||
15 | definition of blood, breath, other bodily substance, or | ||||||
16 | urine units in Section 11-501.2, shall be subject, in | ||||||
17 | addition to any other penalty that may be imposed, to a | ||||||
18 | mandatory minimum of 2 days of imprisonment and a mandatory | ||||||
19 | minimum fine of $1,250. | ||||||
20 | (d) Aggravated driving under the influence of alcohol, | ||||||
21 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
22 | any combination thereof.
| ||||||
23 | (1) Every person convicted of committing a violation of | ||||||
24 | this Section shall be guilty of aggravated driving under | ||||||
25 | the influence of alcohol, other drug or drugs, or | ||||||
26 | intoxicating compound or compounds, or any combination |
| |||||||
| |||||||
1 | thereof if: | ||||||
2 | (A) the person committed a violation of subsection | ||||||
3 | (a) or a similar provision for the third or subsequent | ||||||
4 | time; | ||||||
5 | (B) the person committed a violation of subsection | ||||||
6 | (a) while driving a school bus with one or more | ||||||
7 | passengers on board; | ||||||
8 | (C) the person in committing a violation of | ||||||
9 | subsection (a) was involved in a motor vehicle accident | ||||||
10 | that resulted in great bodily harm or permanent | ||||||
11 | disability or disfigurement to another, when the | ||||||
12 | violation was a proximate cause of the injuries . This | ||||||
13 | subparagraph (C) does not apply unless the person was | ||||||
14 | impaired at the time of the violation and the | ||||||
15 | impairment was a proximate cause of the injuries ; | ||||||
16 | (D) the person committed a violation of subsection | ||||||
17 | (a) and has been previously convicted of violating | ||||||
18 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012 or a similar provision of a law | ||||||
20 | of another state relating to reckless homicide in which | ||||||
21 | the person was determined to have been under the | ||||||
22 | influence of alcohol, other drug or drugs, or | ||||||
23 | intoxicating compound or compounds as an element of the | ||||||
24 | offense or the person has previously been convicted | ||||||
25 | under subparagraph (C) or subparagraph (F) of this | ||||||
26 | paragraph (1); |
| |||||||
| |||||||
1 | (E) the person, in committing a violation of | ||||||
2 | subsection (a) while driving at any speed in a school | ||||||
3 | speed zone at a time when a speed limit of 20 miles per | ||||||
4 | hour was in effect under subsection (a) of Section | ||||||
5 | 11-605 of this Code, was involved in a motor vehicle | ||||||
6 | accident that resulted in bodily harm, other than great | ||||||
7 | bodily harm or permanent disability or disfigurement, | ||||||
8 | to another person, when the violation of subsection (a) | ||||||
9 | was a proximate cause of the bodily harm; | ||||||
10 | (F) the person, in committing a violation of | ||||||
11 | subsection (a), was involved in a motor vehicle, | ||||||
12 | snowmobile, all-terrain vehicle, or watercraft | ||||||
13 | accident that resulted in the death of another person, | ||||||
14 | when the violation of subsection (a) was a proximate | ||||||
15 | cause of the death . This subparagraph (F) does not | ||||||
16 | apply unless the person was impaired at the time of the | ||||||
17 | violation and the impairment was a proximate cause of | ||||||
18 | the death ; | ||||||
19 | (G) the person committed a violation of subsection | ||||||
20 | (a) during a period in which the defendant's driving | ||||||
21 | privileges are revoked or suspended, where the | ||||||
22 | revocation or suspension was for a violation of | ||||||
23 | subsection (a) or a similar provision, Section | ||||||
24 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
25 | reckless homicide as defined in Section 9-3 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012; |
| |||||||
| |||||||
1 | (H) the person committed the violation while he or | ||||||
2 | she did not possess a driver's license or permit or a | ||||||
3 | restricted driving permit or a judicial driving permit | ||||||
4 | or a monitoring device driving permit; | ||||||
5 | (I) the person committed the violation while he or | ||||||
6 | she knew or should have known that the vehicle he or | ||||||
7 | she was driving was not covered by a liability | ||||||
8 | insurance policy; | ||||||
9 | (J) the person in committing a violation of | ||||||
10 | subsection (a) was involved in a motor vehicle accident | ||||||
11 | that resulted in bodily harm, but not great bodily | ||||||
12 | harm, to the child under the age of 16 being | ||||||
13 | transported by the person, if the violation was the | ||||||
14 | proximate cause of the injury; | ||||||
15 | (K) the person in committing a second violation of | ||||||
16 | subsection (a) or a similar provision was transporting | ||||||
17 | a person under the age of 16; or | ||||||
18 | (L) the person committed a violation of subsection | ||||||
19 | (a) of this Section while transporting one or more | ||||||
20 | passengers in a vehicle for-hire. | ||||||
21 | (2)(A) Except as provided otherwise, a person | ||||||
22 | convicted of aggravated driving under the influence of | ||||||
23 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
24 | compounds, or any combination thereof is guilty of a Class | ||||||
25 | 4 felony. | ||||||
26 | (B) A third violation of this Section or a similar |
| |||||||
| |||||||
1 | provision is a Class 2 felony. If at the time of the third | ||||||
2 | violation the alcohol concentration in his or her blood, | ||||||
3 | breath, other bodily substance, or urine was 0.16 or more | ||||||
4 | based on the definition of blood, breath, other bodily | ||||||
5 | substance, or urine units in Section 11-501.2, a mandatory | ||||||
6 | minimum of 90 days of imprisonment and a mandatory minimum | ||||||
7 | fine of $2,500 shall be imposed in addition to any other | ||||||
8 | criminal or administrative sanction. If at the time of the | ||||||
9 | third violation, the defendant was transporting a person | ||||||
10 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
11 | days of community service in a program benefiting children | ||||||
12 | shall be imposed in addition to any other criminal or | ||||||
13 | administrative sanction. | ||||||
14 | (C) A fourth violation of this Section or a similar | ||||||
15 | provision is a Class 2 felony, for which a sentence of | ||||||
16 | probation or conditional discharge may not be imposed. If | ||||||
17 | at the time of the violation, the alcohol concentration in | ||||||
18 | the defendant's blood, breath, other bodily substance, or | ||||||
19 | urine was 0.16 or more based on the definition of blood, | ||||||
20 | breath, other bodily substance, or urine units in Section | ||||||
21 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
22 | imposed in addition to any other criminal or administrative | ||||||
23 | sanction. If at the time of the fourth violation, the | ||||||
24 | defendant was transporting a person under the age of 16 a | ||||||
25 | mandatory fine of $25,000 and 25 days of community service | ||||||
26 | in a program benefiting children shall be imposed in |
| |||||||
| |||||||
1 | addition to any other criminal or administrative sanction. | ||||||
2 | (D) A fifth violation of this Section or a similar | ||||||
3 | provision is a Class 1 felony, for which a sentence of | ||||||
4 | probation or conditional discharge may not be imposed. If | ||||||
5 | at the time of the violation, the alcohol concentration in | ||||||
6 | the defendant's blood, breath, other bodily substance, or | ||||||
7 | urine was 0.16 or more based on the definition of blood, | ||||||
8 | breath, other bodily substance, or urine units in Section | ||||||
9 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
10 | imposed in addition to any other criminal or administrative | ||||||
11 | sanction. If at the time of the fifth violation, the | ||||||
12 | defendant was transporting a person under the age of 16, a | ||||||
13 | mandatory fine of $25,000, and 25 days of community service | ||||||
14 | in a program benefiting children shall be imposed in | ||||||
15 | addition to any other criminal or administrative sanction. | ||||||
16 | (E) A sixth or subsequent violation of this Section or | ||||||
17 | similar provision is a Class X felony. If at the time of | ||||||
18 | the violation, the alcohol concentration in the | ||||||
19 | defendant's blood, breath, other bodily substance, or | ||||||
20 | urine was 0.16 or more based on the definition of blood, | ||||||
21 | breath, other bodily substance, or urine units in Section | ||||||
22 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
23 | imposed in addition to any other criminal or administrative | ||||||
24 | sanction. If at the time of the violation, the defendant | ||||||
25 | was transporting a person under the age of 16, a mandatory | ||||||
26 | fine of $25,000 and 25 days of community service in a |
| |||||||
| |||||||
1 | program benefiting children shall be imposed in addition to | ||||||
2 | any other criminal or administrative sanction. | ||||||
3 | (F) For a violation of subparagraph (C) of paragraph | ||||||
4 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
5 | a term of imprisonment, shall be sentenced to not less than | ||||||
6 | one year nor more than 12 years. | ||||||
7 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
8 | this subsection (d) is a Class 2 felony, for which the | ||||||
9 | defendant, unless the court determines that extraordinary | ||||||
10 | circumstances exist and require probation, shall be | ||||||
11 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
12 | years and not more than 14 years if the violation resulted | ||||||
13 | in the death of one person; or (ii) a term of imprisonment | ||||||
14 | of not less than 6 years and not more than 28 years if the | ||||||
15 | violation resulted in the deaths of 2 or more persons. | ||||||
16 | (H) For a violation of subparagraph (J) of paragraph | ||||||
17 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
18 | 25 days of community service in a program benefiting | ||||||
19 | children shall be imposed in addition to any other criminal | ||||||
20 | or administrative sanction. | ||||||
21 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
22 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
23 | fine of $2,500, and 25 days of community service in a | ||||||
24 | program benefiting children shall be imposed in addition to | ||||||
25 | any other criminal or administrative sanction. If the child | ||||||
26 | being transported suffered bodily harm, but not great |
| |||||||
| |||||||
1 | bodily harm, in a motor vehicle accident, and the violation | ||||||
2 | was the proximate cause of that injury, a mandatory fine of | ||||||
3 | $5,000 and 25 days of community service in a program | ||||||
4 | benefiting children shall be imposed in addition to any | ||||||
5 | other criminal or administrative sanction. | ||||||
6 | (J) A violation of subparagraph (D) of paragraph (1) of | ||||||
7 | this subsection (d) is a Class 3 felony, for which a | ||||||
8 | sentence of probation or conditional discharge may not be | ||||||
9 | imposed. | ||||||
10 | (3) Any person sentenced under this subsection (d) who | ||||||
11 | receives a term of probation or conditional discharge must | ||||||
12 | serve a minimum term of either 480 hours of community | ||||||
13 | service or 10 days of imprisonment as a condition of the | ||||||
14 | probation or conditional discharge in addition to any other | ||||||
15 | criminal or administrative sanction. | ||||||
16 | (e) Any reference to a prior violation of subsection (a) or | ||||||
17 | a similar provision includes any violation of a provision of a | ||||||
18 | local ordinance or a provision of a law of another state or an | ||||||
19 | offense committed on a military installation that is similar to | ||||||
20 | a violation of subsection (a) of this Section. | ||||||
21 | (f) The imposition of a mandatory term of imprisonment or | ||||||
22 | assignment of community service for a violation of this Section | ||||||
23 | shall not be suspended or reduced by the court. | ||||||
24 | (g) Any penalty imposed for driving with a license that has | ||||||
25 | been revoked for a previous violation of subsection (a) of this | ||||||
26 | Section shall be in addition to the penalty imposed for any |
| |||||||
| |||||||
1 | subsequent violation of subsection (a). | ||||||
2 | (h) For any prosecution under this Section, a certified | ||||||
3 | copy of the driving abstract of the defendant shall be admitted | ||||||
4 | as proof of any prior conviction.
| ||||||
5 | (Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; | ||||||
6 | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14.)
| ||||||
7 | (625 ILCS 5/11-501.1)
| ||||||
8 | Sec. 11-501.1. Suspension of drivers license; statutory | ||||||
9 | summary
alcohol, other drug or drugs, or intoxicating compound | ||||||
10 | or
compounds related suspension or revocation; implied | ||||||
11 | consent. | ||||||
12 | (a) Any person who drives or is in actual physical control | ||||||
13 | of a motor
vehicle upon the public highways of this State shall | ||||||
14 | be deemed to have given
consent, subject to the provisions of | ||||||
15 | Section 11-501.2, to a chemical test or
tests of blood, breath, | ||||||
16 | other bodily substance, or urine for the purpose of determining | ||||||
17 | the content of
alcohol, other drug or drugs, or intoxicating | ||||||
18 | compound or compounds or
any combination thereof in the | ||||||
19 | person's blood if arrested,
as evidenced by the issuance of a | ||||||
20 | Uniform Traffic Ticket, for any offense
as defined in Section | ||||||
21 | 11-501 or a similar provision of a local ordinance, or if | ||||||
22 | arrested for violating Section 11-401.
If a law enforcement | ||||||
23 | officer has probable cause to believe the person was under the | ||||||
24 | influence of alcohol, other drug or drugs, intoxicating | ||||||
25 | compound or compounds, or any combination thereof, the law |
| |||||||
| |||||||
1 | enforcement officer shall request a chemical test or tests | ||||||
2 | which shall be administered at the direction of the arresting
| ||||||
3 | officer. The law enforcement agency employing the officer shall | ||||||
4 | designate which
of the aforesaid tests shall be administered. | ||||||
5 | Up to 2 additional tests of A urine or other bodily substance | ||||||
6 | test may be administered
even after a blood or breath test or | ||||||
7 | both has
been administered. For purposes of this Section, an | ||||||
8 | Illinois law
enforcement officer of this State who is | ||||||
9 | investigating the person for any
offense defined in Section | ||||||
10 | 11-501 may travel into an adjoining state, where
the person has | ||||||
11 | been transported for medical care, to complete an
investigation | ||||||
12 | and to request that the person submit to the test or tests
set | ||||||
13 | forth in this Section. The requirements of this Section that | ||||||
14 | the
person be arrested are inapplicable, but the officer shall | ||||||
15 | issue the person
a Uniform Traffic Ticket for an offense as | ||||||
16 | defined in Section 11-501 or a
similar provision of a local | ||||||
17 | ordinance prior to requesting that the person
submit to the | ||||||
18 | test or tests. The issuance of the Uniform Traffic Ticket
shall | ||||||
19 | not constitute an arrest, but shall be for the purpose of | ||||||
20 | notifying
the person that he or she is subject to the | ||||||
21 | provisions of this Section and
of the officer's belief of the | ||||||
22 | existence of probable cause to
arrest. Upon returning to this | ||||||
23 | State, the officer shall file the Uniform
Traffic Ticket with | ||||||
24 | the Circuit Clerk of the county where the offense was
| ||||||
25 | committed, and shall seek the issuance of an arrest warrant or | ||||||
26 | a summons
for the person. |
| |||||||
| |||||||
1 | (a-5) (Blank). | ||||||
2 | (b) Any person who is dead, unconscious, or who is | ||||||
3 | otherwise in a condition
rendering the person incapable of | ||||||
4 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
5 | provided by paragraph (a) of this Section and the test or
tests | ||||||
6 | may be administered, subject to the provisions of Section | ||||||
7 | 11-501.2. | ||||||
8 | (c) A person requested to submit to a test as provided | ||||||
9 | above shall
be warned by the law enforcement officer requesting | ||||||
10 | the test that a
refusal to submit to the test will result in | ||||||
11 | the statutory summary
suspension of the person's privilege to | ||||||
12 | operate a motor vehicle, as provided
in Section 6-208.1 of this | ||||||
13 | Code, and will also result in the disqualification of the | ||||||
14 | person's privilege to operate a commercial motor vehicle, as | ||||||
15 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
16 | holder. The person shall also be warned that a refusal to | ||||||
17 | submit to the test, when the person was involved in a motor | ||||||
18 | vehicle accident that caused personal injury or death to | ||||||
19 | another, will result in the statutory summary revocation of the | ||||||
20 | person's privilege to operate a motor vehicle, as provided in | ||||||
21 | Section 6-208.1, and will also result in the disqualification | ||||||
22 | of the person's privilege to operate a commercial motor | ||||||
23 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
24 | person is a CDL holder. The person shall also be warned by the | ||||||
25 | law
enforcement officer that if the person submits to the test | ||||||
26 | or tests
provided in paragraph (a) of this Section and the |
| |||||||
| |||||||
1 | alcohol concentration in
the person's blood , other bodily | ||||||
2 | substance, or breath is 0.08 or greater, or testing discloses | ||||||
3 | the presence of cannabis as listed in the Cannabis Control Act | ||||||
4 | with a tetrahydrocannabinol concentration as defined in | ||||||
5 | paragraph 6 of subsection (a) of Section 11-501.2 of this Code, | ||||||
6 | or any amount of
a
drug, substance, or compound resulting from | ||||||
7 | the unlawful use or consumption
of cannabis as covered by the | ||||||
8 | Cannabis Control Act, a controlled
substance
listed in the | ||||||
9 | Illinois Controlled Substances Act, an intoxicating compound
| ||||||
10 | listed in the Use of Intoxicating Compounds Act, or | ||||||
11 | methamphetamine as listed in the Methamphetamine Control and | ||||||
12 | Community Protection Act is detected in the person's
blood , | ||||||
13 | other bodily substance, or urine, a statutory summary | ||||||
14 | suspension of the person's privilege to
operate a motor | ||||||
15 | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||||||
16 | Code, will be imposed. If the person is also a CDL holder, he | ||||||
17 | or she shall be warned by the law
enforcement officer that if | ||||||
18 | the person submits to the test or tests
provided in paragraph | ||||||
19 | (a) of this Section and the alcohol concentration in
the | ||||||
20 | person's blood, other bodily substance, or breath is 0.08 or | ||||||
21 | greater, or any amount of
a
drug, substance, or compound | ||||||
22 | resulting from the unlawful use or consumption
of cannabis as | ||||||
23 | covered by the Cannabis Control Act, a controlled
substance
| ||||||
24 | listed in the Illinois Controlled Substances Act, an | ||||||
25 | intoxicating compound
listed in the Use of Intoxicating | ||||||
26 | Compounds Act, or methamphetamine as listed in the |
| |||||||
| |||||||
1 | Methamphetamine Control and Community Protection Act is | ||||||
2 | detected in the person's
blood, other bodily substance, or | ||||||
3 | urine, and a disqualification of
the person's privilege to | ||||||
4 | operate a commercial motor vehicle, as provided in Section | ||||||
5 | 6-514 of this Code, if the person is a CDL holder, will be | ||||||
6 | imposed. | ||||||
7 | A person who is under the age of 21 at the time the person | ||||||
8 | is requested to
submit to a test as provided above shall, in | ||||||
9 | addition to the warnings provided
for in this Section, be | ||||||
10 | further warned by the law enforcement officer
requesting the | ||||||
11 | test that if the person submits to the test or tests provided | ||||||
12 | in
paragraph (a) of this Section and the alcohol concentration | ||||||
13 | in the person's
blood , other bodily substance, or breath is | ||||||
14 | greater than 0.00 and less than 0.08, a
suspension of the
| ||||||
15 | person's privilege to operate a motor vehicle, as provided | ||||||
16 | under Sections
6-208.2 and 11-501.8 of this Code, will be | ||||||
17 | imposed. The results of this test
shall be admissible in a | ||||||
18 | civil or criminal action or proceeding arising from an
arrest | ||||||
19 | for an offense as defined in Section 11-501 of this Code or a | ||||||
20 | similar
provision of a local ordinance or pursuant to Section | ||||||
21 | 11-501.4 in prosecutions
for reckless homicide brought under | ||||||
22 | the Criminal Code of 1961 or the Criminal Code of 2012. These | ||||||
23 | test
results, however, shall be admissible only in actions or | ||||||
24 | proceedings directly
related to the incident upon which the | ||||||
25 | test request was made. | ||||||
26 | (d) If the person refuses testing or submits to a test that |
| |||||||
| |||||||
1 | discloses
an alcohol concentration of 0.08 or more, or testing | ||||||
2 | discloses the presence of cannabis as listed in the Cannabis | ||||||
3 | Control Act with a tetrahydrocannabinol concentration as | ||||||
4 | defined in paragraph 6 of subsection (a) of Section 11-501.2 of | ||||||
5 | this Code, or any amount of a drug,
substance, or intoxicating | ||||||
6 | compound in the person's breath, blood,
other bodily substance, | ||||||
7 | or urine resulting from the
unlawful use or consumption of | ||||||
8 | cannabis listed in the Cannabis Control Act, a controlled | ||||||
9 | substance listed in the Illinois Controlled Substances
Act, an | ||||||
10 | intoxicating compound listed in the Use of Intoxicating | ||||||
11 | Compounds
Act, or methamphetamine as listed in the | ||||||
12 | Methamphetamine Control and Community Protection Act, the law | ||||||
13 | enforcement officer shall immediately submit a sworn report to
| ||||||
14 | the
circuit court of venue and the Secretary of State, | ||||||
15 | certifying that the test or
tests was or were requested under | ||||||
16 | paragraph (a) and the person refused to
submit to a test, or | ||||||
17 | tests, or submitted to testing that disclosed an alcohol
| ||||||
18 | concentration of 0.08 or more , testing discloses the presence | ||||||
19 | of cannabis as listed in the Cannabis Control Act with a | ||||||
20 | tetrahydrocannabinol concentration as defined in paragraph 6 | ||||||
21 | of subsection (a) of Section 11-501.2 of this Code, or any | ||||||
22 | amount of a drug,
substance, or intoxicating compound in the | ||||||
23 | person's breath, blood, other bodily substance, or urine | ||||||
24 | resulting from the
unlawful use or consumption of a controlled | ||||||
25 | substance listed in the Illinois Controlled Substances
Act, an | ||||||
26 | intoxicating compound listed in the Use of Intoxicating |
| |||||||
| |||||||
1 | Compounds
Act, or methamphetamine as listed in the | ||||||
2 | Methamphetamine Control and Community Protection Act . If the | ||||||
3 | person is also a CDL holder and refuses testing or submits to a | ||||||
4 | test that discloses
an alcohol concentration of 0.08 or more, | ||||||
5 | or any amount of a drug,
substance, or intoxicating compound in | ||||||
6 | the person's breath, blood, other bodily substance, or urine | ||||||
7 | resulting from the
unlawful use or consumption of cannabis | ||||||
8 | listed in the Cannabis Control Act, a controlled substance | ||||||
9 | listed in the Illinois Controlled Substances
Act, an | ||||||
10 | intoxicating compound listed in the Use of Intoxicating | ||||||
11 | Compounds
Act, or methamphetamine as listed in the | ||||||
12 | Methamphetamine Control and Community Protection Act, the law | ||||||
13 | enforcement officer shall also immediately submit a sworn | ||||||
14 | report to
the
circuit court of venue and the Secretary of | ||||||
15 | State, certifying that the test or
tests was or were requested | ||||||
16 | under paragraph (a) and the person refused to
submit to a test, | ||||||
17 | or tests, or submitted to testing that disclosed an alcohol | ||||||
18 | concentration of 0.08 or more, or any amount of a drug,
| ||||||
19 | substance, or intoxicating compound in the person's breath, | ||||||
20 | blood, other bodily substance, or urine resulting from the
| ||||||
21 | unlawful use or consumption of cannabis listed in the Cannabis | ||||||
22 | Control Act, a controlled substance listed in the Illinois | ||||||
23 | Controlled Substances
Act, an intoxicating compound listed in | ||||||
24 | the Use of Intoxicating Compounds
Act, or methamphetamine as | ||||||
25 | listed in the Methamphetamine Control and Community Protection | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
2 | officer
submitted under paragraph (d), the Secretary of State | ||||||
3 | shall enter the
statutory summary suspension or revocation and | ||||||
4 | disqualification for the periods specified in Sections
6-208.1 | ||||||
5 | and 6-514, respectively,
and effective as provided in paragraph | ||||||
6 | (g). | ||||||
7 | If the person is a first offender as defined in Section | ||||||
8 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
9 | Section 11-501
of this Code or a similar provision of a local | ||||||
10 | ordinance, then reports
received by the Secretary of State | ||||||
11 | under this Section shall, except during
the actual time the | ||||||
12 | Statutory Summary Suspension is in effect, be
privileged | ||||||
13 | information and for use only by the courts, police officers,
| ||||||
14 | prosecuting authorities or the Secretary of State, unless the | ||||||
15 | person is a CDL holder, is operating a commercial motor vehicle | ||||||
16 | or vehicle required to be placarded for hazardous materials, in | ||||||
17 | which case the suspension shall not be privileged. Reports | ||||||
18 | received by the Secretary of State under this Section shall | ||||||
19 | also be made available to the parent or guardian of a person | ||||||
20 | under the age of 18 years that holds an instruction permit or a | ||||||
21 | graduated driver's license, regardless of whether the | ||||||
22 | statutory summary suspension is in effect. A statutory summary | ||||||
23 | revocation shall not be privileged information. | ||||||
24 | (f) The law enforcement officer submitting the sworn report | ||||||
25 | under paragraph
(d) shall serve immediate notice of the | ||||||
26 | statutory summary suspension or revocation on the
person and |
| |||||||
| |||||||
1 | the suspension or revocation and disqualification shall be | ||||||
2 | effective as provided in paragraph (g). | ||||||
3 | (1) In
cases involving a person who is not a CDL holder | ||||||
4 | where the blood alcohol concentration of 0.08 or greater or
| ||||||
5 | any amount of
a drug, substance, or compound resulting from | ||||||
6 | the unlawful use or consumption
of cannabis as covered by | ||||||
7 | the Cannabis Control Act, a controlled
substance
listed in | ||||||
8 | the Illinois Controlled Substances Act,
an intoxicating | ||||||
9 | compound
listed in the Use of Intoxicating Compounds Act, | ||||||
10 | or methamphetamine as listed in the Methamphetamine | ||||||
11 | Control and Community Protection Act is established by a
| ||||||
12 | subsequent
analysis of blood , other bodily substance, or | ||||||
13 | urine or analysis of whole blood or other bodily substance | ||||||
14 | establishes a tetrahydrocannabinol concentration as | ||||||
15 | defined in paragraph 6 of subsection (a) of Section | ||||||
16 | 11-501.2 of this Code, collected at the time of arrest, the | ||||||
17 | arresting
officer or arresting agency shall give notice as | ||||||
18 | provided in this Section or by
deposit in the United States | ||||||
19 | mail of the notice in an envelope with postage
prepaid and | ||||||
20 | addressed to the person at his or her address as shown on | ||||||
21 | the Uniform
Traffic Ticket and the statutory summary | ||||||
22 | suspension and disqualification shall begin as provided in
| ||||||
23 | paragraph (g). | ||||||
24 | (1.3) In cases involving a person who is a CDL holder | ||||||
25 | where the blood alcohol concentration of 0.08 or greater or
| ||||||
26 | any amount of
a drug, substance, or compound resulting from |
| |||||||
| |||||||
1 | the unlawful use or consumption
of cannabis as covered by | ||||||
2 | the Cannabis Control Act, a controlled
substance
listed in | ||||||
3 | the Illinois Controlled Substances Act,
an intoxicating | ||||||
4 | compound
listed in the Use of Intoxicating Compounds Act, | ||||||
5 | or methamphetamine as listed in the Methamphetamine | ||||||
6 | Control and Community Protection Act is established by a
| ||||||
7 | subsequent
analysis of blood, other bodily substance, or | ||||||
8 | urine collected at the time of arrest, the arresting
| ||||||
9 | officer or arresting agency shall give notice as provided | ||||||
10 | in this Section or by
deposit in the United States mail of | ||||||
11 | the notice in an envelope with postage
prepaid and | ||||||
12 | addressed to the person at his or her address as shown on | ||||||
13 | the Uniform
Traffic Ticket and the statutory summary | ||||||
14 | suspension and disqualification shall begin as provided in
| ||||||
15 | paragraph (g). | ||||||
16 | (1.5) The officer shall confiscate any Illinois | ||||||
17 | driver's license or
permit on the person at the time of | ||||||
18 | arrest. If the person has a valid driver's
license or | ||||||
19 | permit, the officer shall issue the person a receipt, in
a | ||||||
20 | form prescribed by the Secretary of State, that will allow | ||||||
21 | that person
to drive during the periods provided for in | ||||||
22 | paragraph (g). The officer
shall immediately forward the | ||||||
23 | driver's license or permit to the circuit
court of venue | ||||||
24 | along with the sworn report provided for in
paragraph (d). | ||||||
25 | (2) (Blank). | ||||||
26 | (g) The statutory summary suspension or revocation and |
| |||||||
| |||||||
1 | disqualification
referred to in this Section shall
take effect | ||||||
2 | on the 46th day following the date the notice of the statutory
| ||||||
3 | summary suspension or revocation was given to the person. | ||||||
4 | (h) The following procedure shall apply
whenever a person | ||||||
5 | is arrested for any offense as defined in Section 11-501
or a | ||||||
6 | similar provision of a local ordinance: | ||||||
7 | Upon receipt of the sworn report from the law enforcement | ||||||
8 | officer,
the Secretary of State shall confirm the statutory | ||||||
9 | summary suspension or revocation by
mailing a notice of the | ||||||
10 | effective date of the suspension or revocation to the person | ||||||
11 | and
the court of venue. The Secretary of State shall also mail | ||||||
12 | notice of the effective date of the disqualification to the | ||||||
13 | person. However, should the sworn report be defective by not
| ||||||
14 | containing sufficient information or be completed in error, the
| ||||||
15 | confirmation of the statutory summary suspension or revocation | ||||||
16 | shall not be mailed to the
person or entered to the record; | ||||||
17 | instead, the sworn report shall
be
forwarded to the court of | ||||||
18 | venue with a copy returned to the issuing agency
identifying | ||||||
19 | any defect. | ||||||
20 | (i) As used in this Section, "personal injury" includes any | ||||||
21 | Type A injury as indicated on the traffic accident report | ||||||
22 | completed by a law enforcement officer that requires immediate | ||||||
23 | professional attention in either a doctor's office or a medical | ||||||
24 | facility. A Type A injury includes severely bleeding wounds, | ||||||
25 | distorted extremities, and injuries that require the injured | ||||||
26 | party to be carried from the scene. |
| |||||||
| |||||||
1 | (Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; | ||||||
2 | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff. | ||||||
3 | 1-12-15.)
| ||||||
4 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||||||
5 | Sec. 11-501.2. Chemical and other tests.
| ||||||
6 | (a) Upon the trial of any civil or criminal action or | ||||||
7 | proceeding arising out
of an arrest for an offense as defined | ||||||
8 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
9 | pursuant to Section 2-118.1, evidence of the
concentration of | ||||||
10 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
11 | compounds, or any combination thereof in a person's blood
or | ||||||
12 | breath at the time alleged, as determined by analysis of the | ||||||
13 | person's blood,
urine, breath , or other bodily substance, shall | ||||||
14 | be admissible. Where such test
is made the following provisions | ||||||
15 | shall apply:
| ||||||
16 | 1. Chemical analyses of the person's blood, urine, | ||||||
17 | breath , or other bodily
substance to be considered valid | ||||||
18 | under the provisions of this Section shall
have been | ||||||
19 | performed according to standards promulgated by the | ||||||
20 | Department of State Police
by
a licensed physician, | ||||||
21 | registered nurse, trained phlebotomist, licensed | ||||||
22 | paramedic, or other individual
possessing a valid permit | ||||||
23 | issued by that Department for
this purpose. The Director of | ||||||
24 | State Police is authorized to approve satisfactory
| ||||||
25 | techniques or methods, to ascertain the qualifications and |
| |||||||
| |||||||
1 | competence of
individuals to conduct such analyses, to | ||||||
2 | issue permits which shall be subject
to termination or | ||||||
3 | revocation at the discretion of that Department and to
| ||||||
4 | certify the accuracy of breath testing equipment. The | ||||||
5 | Department
of
State Police shall prescribe regulations as | ||||||
6 | necessary to
implement this
Section.
| ||||||
7 | 2. When a person in this State shall submit to a blood | ||||||
8 | test at the request
of a law enforcement officer under the | ||||||
9 | provisions of Section 11-501.1, only a
physician | ||||||
10 | authorized to practice medicine, a licensed physician | ||||||
11 | assistant, a licensed advanced practice nurse, a | ||||||
12 | registered nurse, trained
phlebotomist, or licensed | ||||||
13 | paramedic, or other
qualified person approved by the | ||||||
14 | Department of State Police may withdraw blood
for the | ||||||
15 | purpose of determining the alcohol, drug, or alcohol and | ||||||
16 | drug content
therein. This limitation shall not apply to | ||||||
17 | the taking of breath , other bodily substance, or urine
| ||||||
18 | specimens.
| ||||||
19 | When a blood test of a person who has been taken to an | ||||||
20 | adjoining state
for medical treatment is requested by an | ||||||
21 | Illinois law enforcement officer,
the blood may be | ||||||
22 | withdrawn only by a physician authorized to practice
| ||||||
23 | medicine in the adjoining state, a licensed physician | ||||||
24 | assistant, a licensed advanced practice nurse, a | ||||||
25 | registered nurse, a trained
phlebotomist acting under the | ||||||
26 | direction of the physician, or licensed
paramedic. The law
|
| |||||||
| |||||||
1 | enforcement officer requesting the test shall take custody | ||||||
2 | of the blood
sample, and the blood sample shall be analyzed | ||||||
3 | by a laboratory certified by the
Department of State Police | ||||||
4 | for that purpose.
| ||||||
5 | 3. The person tested may have a physician, or a | ||||||
6 | qualified technician,
chemist, registered nurse, or other | ||||||
7 | qualified person of their own choosing
administer a | ||||||
8 | chemical test or tests in addition to any administered at | ||||||
9 | the
direction of a law enforcement officer. The failure or | ||||||
10 | inability to obtain
an additional test by a person shall | ||||||
11 | not preclude the admission of evidence
relating to the test | ||||||
12 | or tests taken at the direction of a law enforcement
| ||||||
13 | officer.
| ||||||
14 | 4. Upon the request of the person who shall submit to a | ||||||
15 | chemical test
or tests at the request of a law enforcement | ||||||
16 | officer, full information
concerning the test or tests | ||||||
17 | shall be made available to the person or such
person's | ||||||
18 | attorney.
| ||||||
19 | 5. Alcohol concentration shall mean either grams of | ||||||
20 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
21 | per 210 liters of breath.
| ||||||
22 | 6. Tetrahydrocannabinol concentration means either 15 | ||||||
23 | nanograms or more of delta-9-tetrahydrocannabinol per | ||||||
24 | milliliter of whole blood or 25 nanograms or more of | ||||||
25 | delta-9-tetrahydrocannabinol per milliliter of other | ||||||
26 | bodily substance. |
| |||||||
| |||||||
1 | (a-5) Law enforcement officials may use standardized field | ||||||
2 | sobriety tests approved by the National Highway Traffic Safety | ||||||
3 | Administration when conducting investigations of a violation | ||||||
4 | of Section 11-501 or similar local ordinance by drivers | ||||||
5 | suspected of driving under the influence of cannabis. The | ||||||
6 | General Assembly finds that standardized field sobriety tests | ||||||
7 | approved by the National Highway Traffic Safety Administration | ||||||
8 | are divided attention tasks that are intended to determine if a | ||||||
9 | person is under the influence of cannabis. The purpose of these | ||||||
10 | tests is to determine the effect of the use of cannabis on a | ||||||
11 | person's capacity to think and act with ordinary care and | ||||||
12 | therefore operate a motor vehicle safely. Therefore, the | ||||||
13 | results of these standardized field sobriety tests, | ||||||
14 | appropriately administered, shall be admissible in the trial of | ||||||
15 | any civil or criminal action or proceeding arising out of an | ||||||
16 | arrest for a cannabis-related offense as defined in Section | ||||||
17 | 11-501 or a similar local ordinance or proceedings under | ||||||
18 | Section 2-118.1 or 2-118.2. Where a test is made the following | ||||||
19 | provisions shall apply: | ||||||
20 | 1. The person tested may have a physician, or a | ||||||
21 | qualified technician, chemist, registered nurse, or other | ||||||
22 | qualified person of their own choosing administer a | ||||||
23 | chemical test or tests in addition to the standardized | ||||||
24 | field sobriety test or tests administered at the direction | ||||||
25 | of a law enforcement officer. The failure or inability to | ||||||
26 | obtain an additional test by a person does not preclude the |
| |||||||
| |||||||
1 | admission of evidence relating to the test or tests taken | ||||||
2 | at the direction of a law enforcement officer. | ||||||
3 | 2. Upon the request of the person who shall submit to a | ||||||
4 | standardized field sobriety test or tests at the request of | ||||||
5 | a law enforcement officer, full information concerning the | ||||||
6 | test or tests shall be made available to the person or the | ||||||
7 | person's attorney. | ||||||
8 | 3. At the trial of any civil or criminal action or | ||||||
9 | proceeding arising out of an arrest for an offense as | ||||||
10 | defined in Section 11-501 or a similar local ordinance or | ||||||
11 | proceedings under Section 2-118.1 or 2-118.2 in which the | ||||||
12 | results of these standardized field sobriety tests are | ||||||
13 | admitted, the cardholder may present and the trier of fact | ||||||
14 | may consider evidence that the card holder lacked the | ||||||
15 | physical capacity to perform the standardized field | ||||||
16 | sobriety tests. | ||||||
17 | (b) Upon the trial of any civil or criminal action or | ||||||
18 | proceeding arising
out of acts alleged to have been committed | ||||||
19 | by any person while driving or
in actual physical control of a | ||||||
20 | vehicle while under the influence of alcohol,
the concentration | ||||||
21 | of alcohol in the person's blood or breath at the time
alleged | ||||||
22 | as shown by analysis of the person's blood, urine, breath, or | ||||||
23 | other
bodily substance shall give rise to the following | ||||||
24 | presumptions:
| ||||||
25 | 1. If there was at that time an alcohol concentration | ||||||
26 | of 0.05 or less,
it shall be presumed that the person was |
| |||||||
| |||||||
1 | not under the influence of alcohol.
| ||||||
2 | 2. If there was at that time an alcohol concentration | ||||||
3 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
4 | give rise to any
presumption that
the person was or was not | ||||||
5 | under the influence of alcohol, but such fact
may be | ||||||
6 | considered with other competent evidence in determining | ||||||
7 | whether the
person was under the influence of alcohol.
| ||||||
8 | 3. If there was at that time an alcohol concentration | ||||||
9 | of 0.08
or more,
it shall be presumed that the person was | ||||||
10 | under the influence of alcohol.
| ||||||
11 | 4. The foregoing provisions of this Section shall not | ||||||
12 | be construed as
limiting the introduction of any other | ||||||
13 | relevant evidence bearing upon the
question whether the | ||||||
14 | person was under the influence of alcohol.
| ||||||
15 | (b-5) Upon the trial of any civil or criminal action or | ||||||
16 | proceeding arising out of acts alleged to have been committed | ||||||
17 | by any person while driving or in actual physical control of a | ||||||
18 | vehicle while under the influence of alcohol, other drug or | ||||||
19 | drugs, intoxicating compound or compounds or any combination | ||||||
20 | thereof, the concentration of cannabis in the person's whole | ||||||
21 | blood or other bodily substance at the time alleged as shown by | ||||||
22 | analysis of the person's blood or other bodily substance shall | ||||||
23 | give rise to the following presumptions: | ||||||
24 | 1. If there was a tetrahydrocannabinol concentration | ||||||
25 | of 15 nanograms or more in whole blood or 25 nanograms or | ||||||
26 | more in an other bodily substance as defined in this |
| |||||||
| |||||||
1 | Section, it shall be presumed that the person was under the | ||||||
2 | influence of cannabis. | ||||||
3 | 2. If there was at that time a tetrahydrocannabinol | ||||||
4 | concentration of less than 15 nanograms in whole blood or | ||||||
5 | less than 25 nanograms in an other bodily substance, such | ||||||
6 | facts shall not give rise to any
presumption that
the | ||||||
7 | person was or was not under the influence of cannabis, but | ||||||
8 | such fact
may be considered with other competent evidence | ||||||
9 | in determining whether the
person was under the influence | ||||||
10 | of cannabis.
| ||||||
11 | (c) 1. If a person under arrest refuses to submit to a | ||||||
12 | chemical test
under
the provisions of Section 11-501.1, | ||||||
13 | evidence of refusal shall be admissible
in any civil or | ||||||
14 | criminal action or proceeding arising out of acts alleged
to | ||||||
15 | have been committed while the person under the influence of | ||||||
16 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
17 | compounds, or
any combination thereof was driving or in actual | ||||||
18 | physical
control of a motor vehicle.
| ||||||
19 | 2. Notwithstanding any ability to refuse under this Code to | ||||||
20 | submit to
these tests or any ability to revoke the implied | ||||||
21 | consent to these tests, if a
law enforcement officer has | ||||||
22 | probable cause to believe that a motor vehicle
driven by or in | ||||||
23 | actual physical control of a person under the influence of
| ||||||
24 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
25 | compounds,
or any combination thereof
has caused the death or
| ||||||
26 | personal injury to another, the law enforcement officer shall |
| |||||||
| |||||||
1 | request, and that person shall submit, upon the request of a | ||||||
2 | law
enforcement officer, to a chemical test or tests of his or | ||||||
3 | her blood, breath , other bodily substance, or
urine for the | ||||||
4 | purpose of
determining the alcohol content thereof or the | ||||||
5 | presence of any other drug or
combination of both.
| ||||||
6 | This provision does not affect the applicability of or | ||||||
7 | imposition of driver's
license sanctions under Section | ||||||
8 | 11-501.1 of this Code.
| ||||||
9 | 3. For purposes of this Section, a personal injury includes | ||||||
10 | any Type A
injury as indicated on the traffic accident report | ||||||
11 | completed by a law
enforcement officer that requires immediate | ||||||
12 | professional attention in either a
doctor's office or a medical | ||||||
13 | facility. A Type A injury includes severe
bleeding wounds, | ||||||
14 | distorted extremities, and injuries that require the injured
| ||||||
15 | party to be carried from the scene.
| ||||||
16 | (d) If a person refuses standardized field sobriety tests | ||||||
17 | under Section 11-501.9 of this Code, evidence of refusal shall | ||||||
18 | be admissible in any civil or criminal action or proceeding | ||||||
19 | arising out of acts committed while the person was driving or | ||||||
20 | in actual physical control of a vehicle and alleged to have | ||||||
21 | been impaired by the use of cannabis. | ||||||
22 | (e) Department of State Police compliance with the changes | ||||||
23 | in this amendatory Act of the 99th General Assembly concerning | ||||||
24 | testing of other bodily substances and tetrahydrocannabinol | ||||||
25 | concentration by Department of State Police laboratories is | ||||||
26 | subject to appropriation and until the Department of State |
| |||||||
| |||||||
1 | Police adopt standards and completion validation. Any | ||||||
2 | laboratories that test for the presence of cannabis or other | ||||||
3 | drugs under this Article, the Snowmobile Registration and | ||||||
4 | Safety Act, or the Boat Registration and Safety Act must comply | ||||||
5 | with ISO/IEC 17025:2005. | ||||||
6 | (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; | ||||||
7 | 97-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff. | ||||||
8 | 8-15-14; 98-1172, eff. 1-12-15.)
| ||||||
9 | (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
| ||||||
10 | Sec. 11-501.4.
Admissibility of chemical tests of blood , | ||||||
11 | other bodily substance, or urine conducted in
the regular | ||||||
12 | course of providing emergency medical treatment.
| ||||||
13 | (a) Notwithstanding any other provision of law, the results | ||||||
14 | of
blood , other bodily substance, or urine tests performed for | ||||||
15 | the purpose of determining the content of alcohol,
other drug | ||||||
16 | or drugs, or intoxicating compound or compounds, or any
| ||||||
17 | combination thereof, of an individual's blood , other bodily | ||||||
18 | substance, or urine conducted upon persons
receiving
medical | ||||||
19 | treatment in a hospital emergency room are admissible in | ||||||
20 | evidence as a
business record exception to the hearsay rule | ||||||
21 | only in prosecutions for any
violation of Section 11-501 of | ||||||
22 | this Code or a similar provision of a local
ordinance, or in | ||||||
23 | prosecutions for reckless homicide brought under the Criminal
| ||||||
24 | Code of 1961 or the Criminal Code of 2012, when each of the | ||||||
25 | following criteria are met:
|
| |||||||
| |||||||
1 | (1) the chemical tests performed upon an individual's | ||||||
2 | blood , other bodily substance, or urine were ordered
in the
| ||||||
3 | regular course of providing emergency medical treatment | ||||||
4 | and not at the
request of law enforcement authorities;
| ||||||
5 | (2) the chemical tests performed upon an individual's | ||||||
6 | blood , other bodily substance, or urine were performed
by | ||||||
7 | the laboratory routinely used by the hospital; and
| ||||||
8 | (3) results of chemical tests performed upon an | ||||||
9 | individual's blood , other bodily substance, or urine are
| ||||||
10 | admissible into evidence regardless of the time that the | ||||||
11 | records were
prepared.
| ||||||
12 | (b) The confidentiality provisions of law pertaining to | ||||||
13 | medical records
and medical treatment shall not be applicable | ||||||
14 | with regard to chemical tests
performed upon an individual's | ||||||
15 | blood , other bodily substance, or urine under the provisions of | ||||||
16 | this Section in
prosecutions as specified in subsection (a) of | ||||||
17 | this Section. No person shall
be liable for civil damages as a | ||||||
18 | result of the evidentiary use of chemical
testing of an | ||||||
19 | individual's blood , other bodily substance, or urine test | ||||||
20 | results under this Section, or as a
result of that person's | ||||||
21 | testimony made available under this Section.
| ||||||
22 | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| ||||||
23 | (625 ILCS 5/11-501.4-1)
| ||||||
24 | Sec. 11-501.4-1.
Reporting of test results of blood , other | ||||||
25 | bodily substance, or urine conducted in
the regular course of |
| |||||||
| |||||||
1 | providing emergency medical treatment.
| ||||||
2 | (a) Notwithstanding any other provision of law, the results | ||||||
3 | of blood , other bodily substance, or
urine
tests performed for | ||||||
4 | the purpose of determining the content of alcohol, other
drug | ||||||
5 | or drugs, or intoxicating compound or compounds, or any | ||||||
6 | combination
thereof, in an individual's blood , other bodily | ||||||
7 | substance, or urine conducted upon persons
receiving medical | ||||||
8 | treatment in a hospital emergency room for injuries resulting
| ||||||
9 | from a motor vehicle accident shall be disclosed
to the | ||||||
10 | Department
of State Police
or local law enforcement agencies of | ||||||
11 | jurisdiction, upon request.
Such blood , other bodily | ||||||
12 | substance, or urine tests are admissible in evidence as a | ||||||
13 | business record
exception to the hearsay rule only in | ||||||
14 | prosecutions for any violation of Section
11-501 of this Code | ||||||
15 | or a similar provision of a local ordinance, or in
prosecutions | ||||||
16 | for reckless homicide brought under the Criminal Code of 1961 | ||||||
17 | or the Criminal Code of 2012.
| ||||||
18 | (b) The confidentiality provisions of law pertaining to | ||||||
19 | medical records and
medical treatment shall not be applicable | ||||||
20 | with regard to tests performed upon
an
individual's blood , | ||||||
21 | other bodily substance, or urine under the provisions of | ||||||
22 | subsection (a) of this
Section. No person shall be liable for | ||||||
23 | civil damages or professional discipline
as a result of the | ||||||
24 | disclosure or reporting of the tests or the evidentiary
use of | ||||||
25 | an
individual's blood , other bodily substance, or urine test | ||||||
26 | results under this Section or Section 11-501.4
or as a result |
| |||||||
| |||||||
1 | of that person's testimony made available under this Section or
| ||||||
2 | Section 11-501.4, except for willful or wanton misconduct.
| ||||||
3 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
4 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| ||||||
5 | Sec. 11-501.6. Driver involvement in personal injury or | ||||||
6 | fatal motor
vehicle accident; chemical test. | ||||||
7 | (a) Any person who drives or is in actual control of a | ||||||
8 | motor vehicle
upon the public highways of this State and who | ||||||
9 | has been involved in a
personal injury or fatal motor vehicle | ||||||
10 | accident, shall be deemed to have
given consent to a breath | ||||||
11 | test using a portable device as approved by the
Department of | ||||||
12 | State Police or to a chemical test or tests
of blood, breath, | ||||||
13 | other bodily substance, or
urine for the purpose of determining | ||||||
14 | the content of alcohol,
other
drug or drugs, or intoxicating | ||||||
15 | compound or compounds of such
person's blood if arrested as | ||||||
16 | evidenced by the issuance of a Uniform Traffic
Ticket for any | ||||||
17 | violation of the Illinois Vehicle Code or a similar provision | ||||||
18 | of
a local ordinance, with the exception of equipment | ||||||
19 | violations contained in
Chapter 12 of this Code, or similar | ||||||
20 | provisions of local ordinances. The test
or tests shall be | ||||||
21 | administered at the direction of the arresting officer. The
law | ||||||
22 | enforcement agency employing the officer shall designate which | ||||||
23 | of the
aforesaid tests shall be administered. Up to 2 | ||||||
24 | additional tests of A urine or other bodily substance test may | ||||||
25 | be administered even
after a blood or breath test or both has |
| |||||||
| |||||||
1 | been administered. Compliance with
this Section does not | ||||||
2 | relieve such person from the requirements of Section
11-501.1 | ||||||
3 | of this Code. | ||||||
4 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
5 | in a
condition rendering such person incapable of refusal shall | ||||||
6 | be deemed not to
have withdrawn the consent provided by | ||||||
7 | subsection (a) of this Section. In
addition, if a driver of a | ||||||
8 | vehicle is receiving medical treatment as a
result of a motor | ||||||
9 | vehicle accident, any physician licensed to practice
medicine, | ||||||
10 | licensed physician assistant, licensed advanced practice | ||||||
11 | nurse, registered nurse or a phlebotomist acting under the | ||||||
12 | direction of
a licensed physician shall withdraw blood for | ||||||
13 | testing purposes to ascertain
the presence of alcohol, other | ||||||
14 | drug or drugs, or intoxicating
compound or compounds, upon the | ||||||
15 | specific request of a law
enforcement officer. However, no such | ||||||
16 | testing shall be performed until, in
the opinion of the medical | ||||||
17 | personnel on scene, the withdrawal can be made
without | ||||||
18 | interfering with or endangering the well-being of the patient. | ||||||
19 | (c) A person requested to submit to a test as provided | ||||||
20 | above shall be
warned by the law enforcement officer requesting | ||||||
21 | the test that a refusal to
submit to the test, or submission to | ||||||
22 | the test resulting in an alcohol
concentration of 0.08 or more, | ||||||
23 | or testing discloses the presence of cannabis as listed in the | ||||||
24 | Cannabis Control Act with a tetrahydrocannabinol concentration | ||||||
25 | as defined in paragraph 6 of subsection (a) of Section 11-501.2 | ||||||
26 | of this Code, or any amount of a drug, substance,
or |
| |||||||
| |||||||
1 | intoxicating compound
resulting from the unlawful use or | ||||||
2 | consumption of cannabis, as covered by the
Cannabis Control | ||||||
3 | Act, a controlled substance listed in the Illinois
Controlled | ||||||
4 | Substances Act, an intoxicating compound listed in the Use of
| ||||||
5 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
6 | Methamphetamine Control and Community Protection Act as | ||||||
7 | detected in such person's blood , other bodily substance, or | ||||||
8 | urine, may
result in the suspension of such person's privilege | ||||||
9 | to operate a motor vehicle . If the person is also a CDL holder, | ||||||
10 | he or she shall be
warned by the law enforcement officer | ||||||
11 | requesting the test that a refusal to
submit to the test, or | ||||||
12 | submission to the test resulting in an alcohol
concentration of | ||||||
13 | 0.08 or more, or any amount of a drug, substance,
or | ||||||
14 | intoxicating compound
resulting from the unlawful use or | ||||||
15 | consumption of cannabis, as covered by the
Cannabis Control | ||||||
16 | Act, a controlled substance listed in the Illinois
Controlled | ||||||
17 | Substances Act, an intoxicating compound listed in the Use of
| ||||||
18 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
19 | Methamphetamine Control and Community Protection Act as | ||||||
20 | detected in the person's blood, other bodily substance, or | ||||||
21 | urine, and may result in the disqualification of the person's | ||||||
22 | privilege to operate a commercial motor vehicle, as provided in | ||||||
23 | Section 6-514 of this Code , if the person is a CDL holder .
The | ||||||
24 | length of the suspension shall be the same as outlined in | ||||||
25 | Section
6-208.1 of this Code regarding statutory summary | ||||||
26 | suspensions. |
| |||||||
| |||||||
1 | (d) If the person refuses testing or submits to a test | ||||||
2 | which discloses
an alcohol concentration of 0.08 or more, the | ||||||
3 | presence of cannabis as listed in the Cannabis Control Act with | ||||||
4 | a tetrahydrocannabinol concentration as defined in paragraph 6 | ||||||
5 | of subsection (a) of Section 11-501.2 of this Code, or any | ||||||
6 | amount of a drug,
substance,
or intoxicating compound in such | ||||||
7 | person's blood , other bodily substance, or urine resulting from | ||||||
8 | the
unlawful use or
consumption of cannabis listed in the | ||||||
9 | Cannabis Control Act, a controlled
substance listed in the | ||||||
10 | Illinois Controlled Substances Act, an
intoxicating
compound | ||||||
11 | listed in the Use of Intoxicating Compounds Act, or | ||||||
12 | methamphetamine as listed in the Methamphetamine Control and | ||||||
13 | Community Protection Act, the law
enforcement officer shall | ||||||
14 | immediately submit a sworn report to the Secretary of
State on | ||||||
15 | a form prescribed by the Secretary, certifying that the test or | ||||||
16 | tests
were requested under pursuant to subsection (a) and the | ||||||
17 | person refused to submit to a
test or tests or submitted to | ||||||
18 | testing which disclosed an alcohol concentration
of 0.08 or | ||||||
19 | more, the presence of cannabis as listed in the Cannabis | ||||||
20 | Control Act with a tetrahydrocannabinol concentration as | ||||||
21 | defined in paragraph 6 of subsection (a) of Section 11-501.2 of | ||||||
22 | this Code, or any amount of a drug, substance, or intoxicating
| ||||||
23 | compound
in such
person's blood , other bodily substance, or | ||||||
24 | urine, resulting from the unlawful use or consumption of
| ||||||
25 | cannabis listed in the Cannabis Control Act, a controlled | ||||||
26 | substance
listed in
the Illinois Controlled Substances Act,
an |
| |||||||
| |||||||
1 | intoxicating compound listed in
the Use of Intoxicating | ||||||
2 | Compounds Act, or methamphetamine as listed in the | ||||||
3 | Methamphetamine Control and Community Protection Act. If the | ||||||
4 | person is also a CDL holder and refuses testing or submits to a | ||||||
5 | test which discloses
an alcohol concentration of 0.08 or more, | ||||||
6 | or any amount of a drug,
substance,
or intoxicating compound in | ||||||
7 | the person's blood or urine resulting from the
unlawful use or
| ||||||
8 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
9 | controlled
substance listed in the Illinois Controlled | ||||||
10 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
11 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
12 | Methamphetamine Control and Community Protection Act, the law
| ||||||
13 | enforcement officer shall immediately submit a sworn report to | ||||||
14 | the Secretary of
State on a form prescribed by the Secretary, | ||||||
15 | certifying that the test or tests
were requested under | ||||||
16 | subsection (a) and the person refused to submit to a
test or | ||||||
17 | tests or submitted to testing which disclosed an alcohol | ||||||
18 | concentration
of 0.08 or more, or any amount of a drug, | ||||||
19 | substance, or intoxicating
compound
in such
person's blood or | ||||||
20 | urine, resulting from the unlawful use or consumption of
| ||||||
21 | cannabis listed in the Cannabis Control Act, a controlled | ||||||
22 | substance
listed in
the Illinois Controlled Substances Act,
an | ||||||
23 | intoxicating compound listed in
the Use of Intoxicating | ||||||
24 | Compounds Act, or methamphetamine as listed in the | ||||||
25 | Methamphetamine Control and Community Protection Act. | ||||||
26 | Upon receipt of the sworn report of a law enforcement |
| |||||||
| |||||||
1 | officer, the
Secretary shall enter the suspension and | ||||||
2 | disqualification to the individual's driving record and the
| ||||||
3 | suspension and disqualification shall be effective on the 46th | ||||||
4 | day following the date notice of the
suspension was given to | ||||||
5 | the person. | ||||||
6 | The law enforcement officer submitting the sworn report | ||||||
7 | shall serve immediate
notice of this suspension on the person | ||||||
8 | and such suspension and disqualification shall be effective
on | ||||||
9 | the 46th day following the date notice was given. | ||||||
10 | In cases involving a person who is not a CDL holder where | ||||||
11 | the blood alcohol concentration of 0.08 or more, or blood | ||||||
12 | testing discloses the presence of cannabis as listed in the | ||||||
13 | Cannabis Control Act with a tetrahydrocannabinol concentration | ||||||
14 | as defined in paragraph 6 of subsection (a) of Section 11-501.2 | ||||||
15 | of this Code,
or any amount
of a drug, substance, or | ||||||
16 | intoxicating compound resulting from the unlawful
use or
| ||||||
17 | consumption of cannabis as listed in the Cannabis Control Act, | ||||||
18 | a
controlled
substance listed in the Illinois Controlled | ||||||
19 | Substances Act,
an
intoxicating
compound listed in the Use of | ||||||
20 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
21 | Methamphetamine Control and Community Protection Act, is | ||||||
22 | established by a
subsequent analysis of blood , other bodily | ||||||
23 | substance, or urine collected at the time of arrest, the
| ||||||
24 | arresting officer shall give notice as provided in this Section | ||||||
25 | or by deposit
in the United States mail of such notice in an | ||||||
26 | envelope with postage prepaid
and addressed to such person at |
| |||||||
| |||||||
1 | his or her address as shown on the Uniform Traffic
Ticket and | ||||||
2 | the suspension and disqualification shall be effective on the | ||||||
3 | 46th day following the date
notice was given. | ||||||
4 | In cases involving a person who is a CDL holder where the | ||||||
5 | blood alcohol concentration of 0.08 or more,
or any amount
of a | ||||||
6 | drug, substance, or intoxicating compound resulting from the | ||||||
7 | unlawful
use or
consumption of cannabis as listed in the | ||||||
8 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
9 | Illinois Controlled Substances Act,
an
intoxicating
compound | ||||||
10 | listed in the Use of Intoxicating Compounds Act, or | ||||||
11 | methamphetamine as listed in the Methamphetamine Control and | ||||||
12 | Community Protection Act, is established by a
subsequent | ||||||
13 | analysis of blood, other bodily substance, or urine collected | ||||||
14 | at the time of arrest, the
arresting officer shall give notice | ||||||
15 | as provided in this Section or by deposit
in the United States | ||||||
16 | mail of such notice in an envelope with postage prepaid
and | ||||||
17 | addressed to the person at his or her address as shown on the | ||||||
18 | Uniform Traffic
Ticket and the suspension and disqualification | ||||||
19 | shall be effective on the 46th day following the date
notice | ||||||
20 | was given. | ||||||
21 | Upon receipt of the sworn report of a law enforcement | ||||||
22 | officer, the Secretary
shall also give notice of the suspension | ||||||
23 | and disqualification to the driver by mailing a notice of
the | ||||||
24 | effective date of the suspension and disqualification to the | ||||||
25 | individual. However, should the
sworn report be defective by | ||||||
26 | not containing sufficient information or be
completed in error, |
| |||||||
| |||||||
1 | the notice of the suspension and disqualification shall not be | ||||||
2 | mailed to the
person or entered to the driving record, but | ||||||
3 | rather the sworn report shall be
returned to the issuing law | ||||||
4 | enforcement agency. | ||||||
5 | (e) A driver may contest this suspension of his or her
| ||||||
6 | driving privileges and disqualification of his or her CDL | ||||||
7 | privileges by
requesting an administrative hearing with the | ||||||
8 | Secretary in accordance with
Section 2-118 of this Code. At the | ||||||
9 | conclusion of a hearing held under
Section 2-118 of this Code, | ||||||
10 | the Secretary may rescind, continue, or modify the
orders
of | ||||||
11 | suspension and disqualification. If the Secretary does not | ||||||
12 | rescind the orders of suspension and disqualification, a | ||||||
13 | restricted
driving permit may be granted by the Secretary upon | ||||||
14 | application being made and
good cause shown. A restricted | ||||||
15 | driving permit may be granted to relieve undue
hardship to | ||||||
16 | allow driving for employment, educational, and medical | ||||||
17 | purposes as
outlined in Section 6-206 of this Code. The | ||||||
18 | provisions of Section 6-206 of
this Code shall apply. In | ||||||
19 | accordance with 49 C.F.R. 384, the Secretary of State may not | ||||||
20 | issue a restricted driving permit for the operation of a | ||||||
21 | commercial motor vehicle to a person holding a CDL whose | ||||||
22 | driving privileges have been suspended, revoked, cancelled, or | ||||||
23 | disqualified.
| ||||||
24 | (f) (Blank). | ||||||
25 | (g) For the purposes of this Section, a personal injury | ||||||
26 | shall include
any type A injury as indicated on the traffic |
| |||||||
| |||||||
1 | accident report completed
by a law enforcement officer that | ||||||
2 | requires immediate professional attention
in either a doctor's | ||||||
3 | office or a medical facility. A type A injury shall
include | ||||||
4 | severely bleeding wounds, distorted extremities, and injuries | ||||||
5 | that
require the injured party to be carried from the scene. | ||||||
6 | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11; | ||||||
7 | 97-835, eff. 7-20-12.)
| ||||||
8 | (625 ILCS 5/11-501.8)
| ||||||
9 | Sec. 11-501.8. Suspension of driver's license; persons | ||||||
10 | under age 21.
| ||||||
11 | (a) A person who is less than 21 years of age and who | ||||||
12 | drives or
is in actual physical control of a motor vehicle upon | ||||||
13 | the
public highways of this State shall be deemed to have given | ||||||
14 | consent to a
chemical test or tests of blood, breath, other | ||||||
15 | bodily substance, or urine for the purpose of
determining the | ||||||
16 | alcohol content of the person's blood if arrested, as evidenced
| ||||||
17 | by the issuance of a Uniform Traffic Ticket for any violation | ||||||
18 | of the Illinois
Vehicle Code or a similar provision of a local | ||||||
19 | ordinance, if a police officer
has probable cause to believe | ||||||
20 | that the driver has consumed any amount of an
alcoholic | ||||||
21 | beverage based upon evidence of the driver's physical condition | ||||||
22 | or
other first hand knowledge of the police officer. The test | ||||||
23 | or tests shall be
administered at the direction of the | ||||||
24 | arresting officer. The law enforcement
agency employing the | ||||||
25 | officer shall designate which of the aforesaid tests shall
be |
| |||||||
| |||||||
1 | administered. Up to 2 additional tests of A urine or other | ||||||
2 | bodily substance test may be administered even after a blood or
| ||||||
3 | breath test or both has been administered.
| ||||||
4 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
5 | in a condition
rendering that person incapable of refusal, | ||||||
6 | shall be deemed not to have
withdrawn the consent provided by | ||||||
7 | paragraph (a) of this Section and the test or
tests may be | ||||||
8 | administered subject to the following provisions:
| ||||||
9 | (i) Chemical analysis of the person's blood, urine, | ||||||
10 | breath, or
other bodily substance, to be considered valid | ||||||
11 | under the provisions of this
Section, shall have been | ||||||
12 | performed according to standards promulgated by the | ||||||
13 | Department of State
Police
by an individual possessing a | ||||||
14 | valid permit issued by that Department for this
purpose. | ||||||
15 | The Director of State Police is authorized to approve | ||||||
16 | satisfactory
techniques or methods, to ascertain the | ||||||
17 | qualifications and competence of
individuals to conduct | ||||||
18 | analyses, to issue permits that shall be subject to
| ||||||
19 | termination or revocation at the direction of that | ||||||
20 | Department, and to certify
the accuracy of breath testing | ||||||
21 | equipment. The Department of
State Police shall prescribe | ||||||
22 | regulations as necessary.
| ||||||
23 | (ii) When a person submits to a blood test at the | ||||||
24 | request of a law
enforcement officer under the provisions | ||||||
25 | of this Section, only a physician
authorized to practice | ||||||
26 | medicine, a licensed physician assistant, a licensed |
| |||||||
| |||||||
1 | advanced practice nurse, a registered nurse, or other | ||||||
2 | qualified person
trained in venipuncture and acting under | ||||||
3 | the direction of a licensed physician
may withdraw blood | ||||||
4 | for the purpose of determining the alcohol content therein.
| ||||||
5 | This limitation does not apply to the taking of breath , | ||||||
6 | other bodily substance, or urine specimens.
| ||||||
7 | (iii) The person tested may have a physician, qualified | ||||||
8 | technician,
chemist, registered nurse, or other qualified | ||||||
9 | person of his or her own choosing
administer a chemical | ||||||
10 | test or tests in addition to any test or tests
administered | ||||||
11 | at the direction of a law enforcement officer. The failure | ||||||
12 | or
inability to obtain an additional test by a person shall | ||||||
13 | not preclude the
consideration of the previously performed | ||||||
14 | chemical test.
| ||||||
15 | (iv) Upon a request of the person who submits to a | ||||||
16 | chemical test or
tests at the request of a law enforcement | ||||||
17 | officer, full information concerning
the test or tests | ||||||
18 | shall be made available to the person or that person's
| ||||||
19 | attorney.
| ||||||
20 | (v) Alcohol concentration means either grams of | ||||||
21 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
22 | per 210 liters of breath.
| ||||||
23 | (vi) If a driver is receiving medical treatment as a | ||||||
24 | result of a motor
vehicle accident, a physician licensed to | ||||||
25 | practice medicine, licensed physician assistant, licensed | ||||||
26 | advanced practice nurse, registered nurse,
or other |
| |||||||
| |||||||
1 | qualified person trained in venipuncture and
acting under | ||||||
2 | the direction of a licensed physician shall
withdraw blood | ||||||
3 | for testing purposes to ascertain the presence of alcohol | ||||||
4 | upon
the specific request of a law enforcement officer. | ||||||
5 | However, that testing
shall not be performed until, in the | ||||||
6 | opinion of the medical personnel on scene,
the withdrawal | ||||||
7 | can be made without interfering with or endangering the
| ||||||
8 | well-being of the patient.
| ||||||
9 | (c) A person requested to submit to a test as provided | ||||||
10 | above shall be warned
by the law enforcement officer requesting | ||||||
11 | the test that a refusal to submit to
the test, or submission to | ||||||
12 | the test resulting in an alcohol concentration of
more than | ||||||
13 | 0.00, may result in the loss of that person's privilege to | ||||||
14 | operate a
motor vehicle and may result in the disqualification | ||||||
15 | of the person's privilege to operate a commercial motor | ||||||
16 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
17 | person is a CDL holder. The loss of driving privileges shall be | ||||||
18 | imposed in accordance
with Section 6-208.2 of this Code.
| ||||||
19 | (d) If the person refuses testing or submits to a test that | ||||||
20 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
21 | enforcement officer shall
immediately submit a sworn report to | ||||||
22 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
23 | State, certifying that the test or tests were
requested under | ||||||
24 | subsection (a) and the person refused to submit to a test
or | ||||||
25 | tests or submitted to testing which disclosed an alcohol | ||||||
26 | concentration of
more than 0.00. The law enforcement officer |
| |||||||
| |||||||
1 | shall submit the same sworn report
when a person under the age | ||||||
2 | of 21 submits to testing under Section
11-501.1 of this Code | ||||||
3 | and the testing discloses an alcohol concentration of
more than | ||||||
4 | 0.00 and less than 0.08.
| ||||||
5 | Upon receipt of the sworn report of a law enforcement | ||||||
6 | officer, the Secretary
of State shall enter the suspension and | ||||||
7 | disqualification on the individual's driving
record and the | ||||||
8 | suspension and disqualification shall be effective on the 46th | ||||||
9 | day following the date
notice of the suspension was given to | ||||||
10 | the person. If this suspension is the
individual's first | ||||||
11 | driver's license suspension under this Section, reports
| ||||||
12 | received by the Secretary of State under this Section shall, | ||||||
13 | except during the
time the suspension is in effect, be | ||||||
14 | privileged information and for use only by
the courts, police | ||||||
15 | officers, prosecuting authorities, the Secretary of State,
or | ||||||
16 | the individual personally, unless the person is a CDL holder, | ||||||
17 | is operating a commercial motor vehicle or vehicle required to | ||||||
18 | be placarded for hazardous materials, in which case the | ||||||
19 | suspension shall not be privileged.
Reports received by the | ||||||
20 | Secretary of State under this Section shall also be made | ||||||
21 | available to the parent or guardian of a person under the age | ||||||
22 | of 18 years that holds an instruction permit or a graduated | ||||||
23 | driver's license, regardless of whether the suspension is in | ||||||
24 | effect.
| ||||||
25 | The law enforcement officer submitting the sworn report | ||||||
26 | shall serve immediate
notice of this suspension on the person |
| |||||||
| |||||||
1 | and the suspension and disqualification shall
be effective on | ||||||
2 | the 46th day following the date notice was given.
| ||||||
3 | In cases where the blood alcohol concentration of more than | ||||||
4 | 0.00 is
established by a subsequent analysis of blood , other | ||||||
5 | bodily substance, or urine, the police officer or
arresting | ||||||
6 | agency shall give notice as provided in this Section or by | ||||||
7 | deposit
in the United States mail of that notice in an envelope | ||||||
8 | with postage prepaid
and addressed to that person at his last | ||||||
9 | known address and the loss of driving
privileges shall be | ||||||
10 | effective on the 46th day following the date notice was
given.
| ||||||
11 | Upon receipt of the sworn report of a law enforcement | ||||||
12 | officer, the Secretary
of State shall also give notice of the | ||||||
13 | suspension and disqualification to the driver
by mailing a | ||||||
14 | notice of the effective date of the suspension and | ||||||
15 | disqualification to the individual.
However, should the sworn | ||||||
16 | report be defective by not containing sufficient
information or | ||||||
17 | be completed in error, the notice of the suspension and | ||||||
18 | disqualification shall not be mailed to the person or entered | ||||||
19 | to the driving record,
but rather the sworn report shall be | ||||||
20 | returned to the issuing law enforcement
agency.
| ||||||
21 | (e) A driver may contest this suspension and | ||||||
22 | disqualification by requesting an
administrative hearing with | ||||||
23 | the Secretary of State in accordance with Section
2-118 of this | ||||||
24 | Code. An individual whose blood alcohol concentration is shown
| ||||||
25 | to be more than 0.00 is not subject to this Section if he or she | ||||||
26 | consumed
alcohol in the performance of a religious service or |
| |||||||
| |||||||
1 | ceremony. An individual
whose blood alcohol concentration is | ||||||
2 | shown to be more than 0.00 shall not be
subject to this Section | ||||||
3 | if the individual's blood alcohol concentration
resulted only | ||||||
4 | from ingestion of the prescribed or recommended dosage of
| ||||||
5 | medicine that contained alcohol. The petition for that hearing | ||||||
6 | shall not stay
or delay the effective date of the impending | ||||||
7 | suspension. The scope of this
hearing shall be limited to the | ||||||
8 | issues of:
| ||||||
9 | (1) whether the police officer had probable cause to | ||||||
10 | believe that the
person was driving or in actual physical | ||||||
11 | control of a motor vehicle upon the
public highways of the | ||||||
12 | State and the police officer had reason to believe that
the | ||||||
13 | person was in violation of any provision of the Illinois | ||||||
14 | Vehicle Code or a
similar provision of a local ordinance; | ||||||
15 | and
| ||||||
16 | (2) whether the person was issued a Uniform Traffic | ||||||
17 | Ticket for any
violation of the Illinois Vehicle Code or a | ||||||
18 | similar provision of a local
ordinance; and
| ||||||
19 | (3) whether the police officer had probable cause to | ||||||
20 | believe that the
driver
had consumed any amount of an | ||||||
21 | alcoholic beverage based upon the driver's
physical | ||||||
22 | actions or other first-hand knowledge of the police | ||||||
23 | officer; and
| ||||||
24 | (4) whether the person, after being advised by the | ||||||
25 | officer that the
privilege to operate a motor vehicle would | ||||||
26 | be suspended if the person refused
to submit to and |
| |||||||
| |||||||
1 | complete the test or tests, did refuse to submit to or
| ||||||
2 | complete the test or tests to determine the person's | ||||||
3 | alcohol concentration;
and
| ||||||
4 | (5) whether the person, after being advised by the | ||||||
5 | officer that the
privileges to operate a motor vehicle | ||||||
6 | would be suspended if the person submits
to a chemical test | ||||||
7 | or tests and the test or tests disclose an alcohol
| ||||||
8 | concentration of more than 0.00, did submit to and
complete | ||||||
9 | the
test or tests that determined an alcohol concentration | ||||||
10 | of more than 0.00; and
| ||||||
11 | (6) whether the test result of an alcohol concentration | ||||||
12 | of more than 0.00
was based upon the person's consumption | ||||||
13 | of alcohol in the performance of a
religious service or | ||||||
14 | ceremony; and
| ||||||
15 | (7) whether the test result of an alcohol concentration | ||||||
16 | of more than 0.00
was based upon the person's consumption | ||||||
17 | of alcohol through ingestion of the
prescribed or | ||||||
18 | recommended dosage of medicine.
| ||||||
19 | At the conclusion of the hearing held under Section 2-118 | ||||||
20 | of
this Code, the Secretary of State may rescind, continue, or | ||||||
21 | modify the suspension and disqualification. If the Secretary of | ||||||
22 | State does not rescind the suspension and disqualification, a
| ||||||
23 | restricted driving permit may be granted by the Secretary of | ||||||
24 | State upon
application being made and good cause shown. A | ||||||
25 | restricted driving permit may be
granted to relieve undue | ||||||
26 | hardship by allowing driving for employment,
educational, and |
| |||||||
| |||||||
1 | medical purposes as outlined in item (3) of part (c) of
Section | ||||||
2 | 6-206 of this Code. The provisions of item (3) of part (c) of | ||||||
3 | Section
6-206 of this Code and of subsection (f) of that | ||||||
4 | Section shall apply. The Secretary of State shall promulgate | ||||||
5 | rules
providing for participation in an alcohol education and | ||||||
6 | awareness program or
activity, a drug education and awareness | ||||||
7 | program or activity, or both as a
condition to the issuance of | ||||||
8 | a restricted driving permit for suspensions
imposed under this | ||||||
9 | Section.
| ||||||
10 | (f) The results of any chemical testing performed in | ||||||
11 | accordance with
subsection (a) of this Section are not | ||||||
12 | admissible in any civil or criminal
proceeding, except that the | ||||||
13 | results of the testing may be considered at a
hearing held | ||||||
14 | under Section 2-118 of this Code. However, the results of
the | ||||||
15 | testing may not be used to impose driver's license sanctions | ||||||
16 | under
Section 11-501.1 of this Code. A law enforcement officer | ||||||
17 | may, however, pursue
a statutory summary suspension or | ||||||
18 | revocation of driving privileges under Section 11-501.1 of
this | ||||||
19 | Code if other physical evidence or first hand knowledge forms | ||||||
20 | the basis
of that suspension or revocation.
| ||||||
21 | (g) This Section applies only to drivers who are under
age | ||||||
22 | 21 at the time of the issuance of a Uniform Traffic Ticket for | ||||||
23 | a
violation of the Illinois Vehicle Code or a similar provision | ||||||
24 | of a local
ordinance, and a chemical test request is made under | ||||||
25 | this Section.
| ||||||
26 | (h) The action of the Secretary of State in suspending, |
| |||||||
| |||||||
1 | revoking, cancelling, or
disqualifying any license or
permit | ||||||
2 | shall be
subject to judicial review in the Circuit Court of | ||||||
3 | Sangamon County or in the
Circuit Court of Cook County, and the | ||||||
4 | provisions of the Administrative Review
Law and its rules are | ||||||
5 | hereby adopted and shall apply to and govern every action
for | ||||||
6 | the judicial review of final acts or decisions of the Secretary | ||||||
7 | of State
under this Section.
| ||||||
8 | (Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; | ||||||
9 | 97-333, eff. 8-12-11; 97-450, eff. 8-19-11.)
| ||||||
10 | (625 ILCS 5/11-507) | ||||||
11 | Sec. 11-507. Supervising a minor driver while under the | ||||||
12 | influence of alcohol, other drug or drugs, intoxicating | ||||||
13 | compound or compounds or any combination thereof. | ||||||
14 | (a) A person shall not accompany or provide instruction, | ||||||
15 | pursuant to subsection (a) of Section 6-107.1 of this Code, to | ||||||
16 | a driver who is a minor and driving a motor vehicle pursuant to | ||||||
17 | an instruction permit under Section 6-107.1 of this Code, | ||||||
18 | while: | ||||||
19 | (1) the alcohol concentration in the person's blood , | ||||||
20 | other bodily substance,
or breath is 0.08 or more based on | ||||||
21 | the definition of blood and breath units in Section | ||||||
22 | 11-501.2 of this Code; | ||||||
23 | (2) under the influence of alcohol; | ||||||
24 | (3) under the influence of any intoxicating compound
or | ||||||
25 | combination of intoxicating compounds to a degree that |
| |||||||
| |||||||
1 | renders the person incapable of properly supervising or | ||||||
2 | providing instruction to the minor driver; | ||||||
3 | (4) under the influence of any other drug or
| ||||||
4 | combination of drugs to a degree that renders the person | ||||||
5 | incapable of properly supervising or providing instruction | ||||||
6 | to the minor driver; | ||||||
7 | (5) under the combined influence of alcohol, other
drug | ||||||
8 | or drugs, or intoxicating compound or compounds to a degree | ||||||
9 | that renders the person incapable of properly supervising | ||||||
10 | or providing instruction to the minor driver; or | ||||||
11 | (6) there is any amount of a drug, substance, or
| ||||||
12 | compound in the person's breath, blood, other bodily | ||||||
13 | substance, or urine resulting from the unlawful use or | ||||||
14 | consumption of cannabis listed in the Cannabis Control Act, | ||||||
15 | a controlled substance listed in the Illinois Controlled | ||||||
16 | Substances Act, an intoxicating compound listed in the Use | ||||||
17 | of Intoxicating Compounds Act, or methamphetamine as | ||||||
18 | listed in the Methamphetamine Control and Community | ||||||
19 | Protection Act. | ||||||
20 | (b) A person found guilty of violating this Section is | ||||||
21 | guilty of an offense against the regulations governing the | ||||||
22 | movement of vehicles.
| ||||||
23 | (Source: P.A. 96-1237, eff. 1-1-11.)
| ||||||
24 | Section 10. The Snowmobile Registration and Safety Act is | ||||||
25 | amended by changing Sections 5-7, 5-7.1, 5-7.2, 5-7.4, and |
| |||||||
| |||||||
1 | 5-7.6 as follows:
| ||||||
2 | (625 ILCS 40/5-7)
| ||||||
3 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
4 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
5 | compounds, or a combination of
them; criminal penalties; | ||||||
6 | suspension of operating privileges. | ||||||
7 | (a) A person may not operate or be in actual physical | ||||||
8 | control of a
snowmobile within this State
while:
| ||||||
9 | 1. The alcohol concentration in that person's blood , | ||||||
10 | other bodily substance, or breath is a
concentration at | ||||||
11 | which driving a motor vehicle is prohibited under
| ||||||
12 | subdivision (1) of subsection (a) of
Section 11-501 of the | ||||||
13 | Illinois Vehicle Code;
| ||||||
14 | 2. The person is under the influence of alcohol;
| ||||||
15 | 3. The person is under the influence of any other drug | ||||||
16 | or combination of
drugs to a degree that renders that | ||||||
17 | person incapable of safely operating a
snowmobile;
| ||||||
18 | 3.1. The person is under the influence of any | ||||||
19 | intoxicating compound or
combination of intoxicating | ||||||
20 | compounds to a degree that renders the person
incapable of | ||||||
21 | safely operating a snowmobile;
| ||||||
22 | 4. The person is under the combined influence of | ||||||
23 | alcohol and any other
drug or drugs or intoxicating | ||||||
24 | compound or compounds to a degree that
renders that person | ||||||
25 | incapable of safely
operating a snowmobile; or
|
| |||||||
| |||||||
1 | (4.3) The person who is not a CDL holder has a | ||||||
2 | tetrahydrocannabinol concentration in the person's whole | ||||||
3 | blood or other bodily substance at which driving a motor | ||||||
4 | vehicle is prohibited under
subdivision (7) of subsection | ||||||
5 | (a) of
Section 11-501 of the Illinois Vehicle Code; | ||||||
6 | (4.5) The person who is a CDL holder has any amount of | ||||||
7 | a drug, substance, or
compound in the person's breath, | ||||||
8 | blood, other bodily substance, or urine resulting from the | ||||||
9 | unlawful use or consumption of cannabis listed in the | ||||||
10 | Cannabis Control Act; or
| ||||||
11 | 5. There is any amount of a drug, substance, or | ||||||
12 | compound in that person's
breath, blood, other bodily | ||||||
13 | substance, or urine resulting from the unlawful use or | ||||||
14 | consumption
of a cannabis
listed in the Cannabis Control | ||||||
15 | Act, controlled substance listed in the
Illinois | ||||||
16 | Controlled Substances Act, methamphetamine as listed in | ||||||
17 | the Methamphetamine Control and Community Protection Act, | ||||||
18 | or intoxicating compound listed in the
use
of Intoxicating | ||||||
19 | Compounds Act.
| ||||||
20 | (b) The fact that a person charged with violating this | ||||||
21 | Section is or has
been legally entitled to use alcohol, other | ||||||
22 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
23 | combination of them does not constitute a
defense against a | ||||||
24 | charge of violating this Section.
| ||||||
25 | (c) Every person convicted of violating this Section or a | ||||||
26 | similar
provision of a local ordinance is guilty of a
Class A |
| |||||||
| |||||||
1 | misdemeanor, except as otherwise provided in this Section.
| ||||||
2 | (c-1) As used in this Section, "first time offender" means | ||||||
3 | any person who has not had a previous conviction or been | ||||||
4 | assigned supervision for violating this Section or a similar | ||||||
5 | provision of a local ordinance, or any person who has not had a | ||||||
6 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
7 | (c-2) For purposes of this Section, the following are | ||||||
8 | equivalent to a conviction: | ||||||
9 | (1) a forfeiture of bail or collateral deposited to | ||||||
10 | secure a defendant's appearance in court when forfeiture | ||||||
11 | has not been vacated; or | ||||||
12 | (2) the failure of a defendant to appear for trial.
| ||||||
13 | (d) Every person convicted of violating this Section is | ||||||
14 | guilty of a
Class 4 felony if:
| ||||||
15 | 1. The person has a previous conviction under this | ||||||
16 | Section;
| ||||||
17 | 2. The offense results in personal injury where a | ||||||
18 | person other than the
operator suffers great bodily harm or | ||||||
19 | permanent disability or disfigurement,
when the violation | ||||||
20 | was a proximate cause of the injuries.
A person guilty of a | ||||||
21 | Class 4 felony under this paragraph 2, if sentenced to a
| ||||||
22 | term of imprisonment, shall be sentenced to not less than | ||||||
23 | one year nor more
than
12 years; or
| ||||||
24 | 3. The offense occurred during a period in which the | ||||||
25 | person's privileges
to
operate a snowmobile are revoked or | ||||||
26 | suspended, and the revocation or
suspension was for a |
| |||||||
| |||||||
1 | violation of this Section or was imposed under Section
| ||||||
2 | 5-7.1.
| ||||||
3 | (e) Every person convicted of violating this Section is | ||||||
4 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
5 | of a person.
A person guilty of a Class 2 felony under this | ||||||
6 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
7 | be sentenced to a term of not less than 3 years
and not more | ||||||
8 | than 14 years.
| ||||||
9 | (e-1) Every person convicted of violating this Section or a | ||||||
10 | similar
provision of a local ordinance who had a child under | ||||||
11 | the age of 16 on board the
snowmobile at the time of offense | ||||||
12 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
13 | be subject to a mandatory minimum of 5 days of community
| ||||||
14 | service in a program benefiting children. The assignment under | ||||||
15 | this subsection
shall not be subject to suspension nor shall | ||||||
16 | the person be eligible for
probation in order to reduce the | ||||||
17 | assignment.
| ||||||
18 | (e-2) Every person found guilty of violating this Section, | ||||||
19 | whose operation
of
a snowmobile while in violation of this | ||||||
20 | Section proximately caused any incident
resulting in an | ||||||
21 | appropriate emergency response, shall be liable for the expense
| ||||||
22 | of an emergency response as provided in subsection (i) of | ||||||
23 | Section 11-501.01 of the Illinois Vehicle Code.
| ||||||
24 | (e-3) In addition to any other penalties and liabilities, a | ||||||
25 | person who is
found guilty of violating this Section, including | ||||||
26 | any person placed on court
supervision, shall be fined $100, |
| |||||||
| |||||||
1 | payable to the circuit clerk, who shall
distribute the money to | ||||||
2 | the law enforcement agency that made the arrest. In the
event | ||||||
3 | that more than one agency is responsible for the arrest, the | ||||||
4 | $100
shall be shared equally. Any moneys received by a law | ||||||
5 | enforcement agency under
this subsection (e-3) shall be used to | ||||||
6 | purchase law enforcement equipment or to
provide law | ||||||
7 | enforcement training that will assist in the prevention of | ||||||
8 | alcohol
related criminal violence throughout the State. Law | ||||||
9 | enforcement equipment shall
include, but is not limited to, | ||||||
10 | in-car video cameras, radar and laser speed
detection devices, | ||||||
11 | and alcohol breath testers.
| ||||||
12 | (f) In addition to any criminal penalties imposed, the
| ||||||
13 | Department of Natural Resources shall suspend the
snowmobile | ||||||
14 | operation privileges of
a person convicted or found guilty of a | ||||||
15 | misdemeanor under this
Section for a period of one
year, except | ||||||
16 | that first-time offenders are exempt from
this mandatory one | ||||||
17 | year suspension.
| ||||||
18 | (g) In addition to any criminal penalties imposed, the | ||||||
19 | Department of Natural
Resources shall suspend for a period of 5 | ||||||
20 | years the snowmobile operation
privileges of any person | ||||||
21 | convicted or found guilty of a felony under this
Section.
| ||||||
22 | (Source: P.A. 95-149, eff. 8-14-07; 96-1000, eff. 7-2-10.)
| ||||||
23 | (625 ILCS 40/5-7.1)
| ||||||
24 | Sec. 5-7.1. Implied consent.
| ||||||
25 | (a) A person who operates or is in actual physical control |
| |||||||
| |||||||
1 | of a
snowmobile in this State is deemed to have
given consent | ||||||
2 | to a chemical test or tests of blood, breath, other bodily | ||||||
3 | substance, or urine for the
purpose of determining the content | ||||||
4 | of alcohol, other drug or
drugs, intoxicating compound or | ||||||
5 | compounds, or a combination of them in that person's blood or | ||||||
6 | other bodily substance, if
arrested for a violation of Section | ||||||
7 | 5-7. The chemical test or tests shall
be
administered at the | ||||||
8 | direction of the arresting officer. The law enforcement
agency | ||||||
9 | employing the officer shall designate which tests shall be
| ||||||
10 | administered. Up to 2 additional tests of A urine or other | ||||||
11 | bodily substance test may be administered even after a blood or | ||||||
12 | breath
test or both has been administered.
| ||||||
13 | (a-1) For the purposes of this Section, an Illinois law | ||||||
14 | enforcement
officer of this State who is investigating the | ||||||
15 | person for any offense defined
in Section 5-7 may travel into | ||||||
16 | an adjoining state, where the person has been
transported for | ||||||
17 | medical care to complete an investigation and to request that
| ||||||
18 | the person submit to the test or tests set forth in this | ||||||
19 | Section. The
requirements of this Section that the person be | ||||||
20 | arrested are inapplicable, but
the officer shall issue the | ||||||
21 | person a uniform citation for an offense as defined
in Section | ||||||
22 | 5-7 or a similar provision of a local ordinance prior to | ||||||
23 | requesting
that the person submit to the test or tests. The | ||||||
24 | issuance of the uniform
citation shall not
constitute an | ||||||
25 | arrest, but shall be for the purpose of notifying the person | ||||||
26 | that
he or she is subject to the provisions of this Section and |
| |||||||
| |||||||
1 | of the officer's
belief of the existence of probable cause to | ||||||
2 | arrest. Upon returning to this
State, the officer shall file | ||||||
3 | the uniform citation with the circuit clerk of
the county where | ||||||
4 | the offense was committed and shall seek the issuance of an
| ||||||
5 | arrest warrant or a summons for the person.
| ||||||
6 | (a-2) Notwithstanding any ability to refuse under this Act | ||||||
7 | to submit to
these
tests or any ability to revoke the implied | ||||||
8 | consent to these tests, if a law
enforcement officer has | ||||||
9 | probable cause to believe that a snowmobile operated by
or | ||||||
10 | under actual physical control of a person under the influence | ||||||
11 | of alcohol,
other drug or drugs, intoxicating
compound or | ||||||
12 | compounds, or any combination of them has caused the death or
| ||||||
13 | personal injury to another, that person shall submit, upon the | ||||||
14 | request of a law
enforcement officer, to a chemical test or | ||||||
15 | tests of his or her blood, breath,
other bodily substance, or
| ||||||
16 | urine for the purpose of determining the alcohol content or the
| ||||||
17 | presence of any other drug or combination of both. For the | ||||||
18 | purposes of this
Section, a personal injury includes severe | ||||||
19 | bleeding wounds, distorted
extremities, and injuries that | ||||||
20 | require the injured party to be carried from the
scene for | ||||||
21 | immediate professional attention in either a doctor's office or | ||||||
22 | a
medical facility.
| ||||||
23 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
24 | in a condition
rendering that person incapable of refusal, is | ||||||
25 | deemed not to have
withdrawn the consent provided in subsection | ||||||
26 | (a), and the test or tests may
be administered.
|
| |||||||
| |||||||
1 | (c) A person requested to submit to a test as provided in | ||||||
2 | this Section shall
be verbally advised by the law enforcement | ||||||
3 | officer requesting the test that a
refusal to submit to the | ||||||
4 | test will result in suspension of that person's
privilege to | ||||||
5 | operate a snowmobile for a minimum of 2 years.
| ||||||
6 | (d) Following this warning, if a person under arrest | ||||||
7 | refuses upon the
request of a law enforcement officer to submit | ||||||
8 | to a test designated by the
officer, no tests may be given, but | ||||||
9 | the law enforcement officer
shall file with
the clerk of the | ||||||
10 | circuit court for the county in which the arrest was made,
and | ||||||
11 | with the Department of Natural Resources, a
sworn statement | ||||||
12 | naming the person refusing to take and complete the
chemical | ||||||
13 | test or
tests requested under the provisions of this Section. | ||||||
14 | The sworn statement
shall identify the arrested person, the | ||||||
15 | person's current residence address and
shall specify that a | ||||||
16 | refusal by that person to take the chemical test or
tests was | ||||||
17 | made.
The sworn statement shall include a statement
that the | ||||||
18 | officer had reasonable cause to believe the person was | ||||||
19 | operating or
was in actual physical control of the
snowmobile | ||||||
20 | within this State while under the influence of alcohol,
other | ||||||
21 | drug or drugs, an intoxicating compound or compound, or a | ||||||
22 | combination
of them
and that a chemical test or tests were | ||||||
23 | requested as an incident to and
following the
lawful
arrest for | ||||||
24 | an offense as defined in Section 5-7 or a similar provision of | ||||||
25 | a
local ordinance, and that the person, after being arrested | ||||||
26 | for an offense
arising out of acts alleged to have been |
| |||||||
| |||||||
1 | committed while operating a
snowmobile,
refused to submit to | ||||||
2 | and complete a chemical test or tests as requested by
the law
| ||||||
3 | enforcement officer.
| ||||||
4 | (e) The law enforcement officer submitting the sworn | ||||||
5 | statement shall serve
immediate written notice upon the person | ||||||
6 | refusing the chemical test or tests
that the person's privilege | ||||||
7 | to operate a snowmobile within this State will be
suspended for | ||||||
8 | a period of 2 years unless, within
28 days from the date of the | ||||||
9 | notice, the person requests in writing a hearing
on the | ||||||
10 | suspension.
| ||||||
11 | If the person desires a hearing, the person shall file a | ||||||
12 | complaint in the
circuit court in the county where that person | ||||||
13 | was arrested within 28 days from
the date of the notice.
The | ||||||
14 | hearing shall proceed in the court in the same manner as other | ||||||
15 | civil
proceedings. The hearing shall cover only the following | ||||||
16 | issues: (1) whether
the person was placed under
arrest for an | ||||||
17 | offense as defined in Section 5-7 or a similar provision of a
| ||||||
18 | local
ordinance as evidenced by the issuance of a uniform | ||||||
19 | citation; (2) whether the
arresting officer had reasonable | ||||||
20 | grounds to believe that the person was
operating a snowmobile | ||||||
21 | while under the influence of alcohol, other
drug or
drugs, an | ||||||
22 | intoxicating compound or compounds, or a combination of them; | ||||||
23 | and
(3) whether that person refused to submit to and complete | ||||||
24 | the chemical
test or tests upon
the
request of the law | ||||||
25 | enforcement officer. Whether the person was informed that
the | ||||||
26 | person's privilege to operate a snowmobile would be suspended |
| |||||||
| |||||||
1 | if that
person refused to submit to the chemical test or tests | ||||||
2 | may not be an issue
in the hearing.
| ||||||
3 | If the person fails to request a hearing in writing within | ||||||
4 | 28 days of the
date of the notice, or if a hearing is held and | ||||||
5 | the court finds against the
person on the issues before the | ||||||
6 | court,
the clerk shall immediately notify the Department of | ||||||
7 | Natural Resources, and the Department shall suspend the | ||||||
8 | snowmobile operation
privileges of
that person for at least 2 | ||||||
9 | years.
| ||||||
10 | (f) (Blank).
| ||||||
11 | (f-1) If the person is a CDL holder and submits to a test | ||||||
12 | that discloses an alcohol
concentration of 0.08 or more, or any | ||||||
13 | amount of a drug, substance, or
intoxicating compound in the | ||||||
14 | person's breath, blood, other bodily substance, or urine | ||||||
15 | resulting from
the unlawful use of cannabis listed in the | ||||||
16 | Cannabis Control Act, a controlled
substance listed in the | ||||||
17 | Illinois Controlled Substances Act, methamphetamine as listed | ||||||
18 | in the Methamphetamine Control and Community Protection Act, or | ||||||
19 | an intoxicating
compound listed in the Use of Intoxicating | ||||||
20 | Compounds Act, the law enforcement
officer shall
immediately | ||||||
21 | submit a sworn report to the circuit clerk of venue and the
| ||||||
22 | Department of Natural
Resources, certifying that the test or | ||||||
23 | tests was or were requested under
subsection (a-1) of this | ||||||
24 | Section and the person submitted to testing that
disclosed an | ||||||
25 | alcohol concentration of 0.08 or more , or any amount of a drug, | ||||||
26 | substance, or
intoxicating compound in the person's breath, |
| |||||||
| |||||||
1 | blood, other bodily substance, or urine resulting from
the | ||||||
2 | unlawful use or consumption of cannabis listed in the Cannabis | ||||||
3 | Control Act, a controlled
substance listed in the Illinois | ||||||
4 | Controlled Substances Act, methamphetamine as listed in the | ||||||
5 | Methamphetamine Control and Community Protection Act, or an | ||||||
6 | intoxicating
compound listed in the Use of Intoxicating | ||||||
7 | Compounds Act. If the person is not a CDL holder and submits to | ||||||
8 | a test that discloses
an alcohol concentration of 0.08 or more, | ||||||
9 | a tetrahydrocannabinol concentration in the person's whole | ||||||
10 | blood or other bodily substance as defined in paragraph 6 of | ||||||
11 | subsection (a) of Section 11-501.2 of the Illinois Vehicle | ||||||
12 | Code, or any amount of a drug,
substance,
or intoxicating | ||||||
13 | compound in the person's blood, other bodily substance, or | ||||||
14 | urine resulting from the
unlawful use or
consumption of a | ||||||
15 | controlled
substance listed in the Illinois Controlled | ||||||
16 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
17 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
18 | Methamphetamine Control and Community Protection Act, the law
| ||||||
19 | enforcement officer shall immediately submit a sworn report to | ||||||
20 | the circuit clerk of venue and the
Department of Natural
| ||||||
21 | Resources, certifying that the test or tests
was or were | ||||||
22 | requested under subsection (a-1) and the person submitted to | ||||||
23 | testing that disclosed an alcohol concentration
of 0.08 or | ||||||
24 | more, a tetrahydrocannabinol concentration in the person's | ||||||
25 | whole blood or other bodily substance as defined in paragraph 6 | ||||||
26 | of subsection (a) of Section 11-501.2 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, or any amount of a drug, substance, or intoxicating
| ||||||
2 | compound
in such
person's blood, other bodily substance, or | ||||||
3 | urine, resulting from the unlawful use or consumption of
a | ||||||
4 | controlled substance
listed in
the Illinois Controlled | ||||||
5 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
6 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
7 | Methamphetamine Control and Community Protection Act .
| ||||||
8 | In cases involving a person who is a CDL holder where the | ||||||
9 | blood alcohol concentration of 0.08 or greater or any
amount of | ||||||
10 | drug, substance, or compound resulting from the unlawful use of
| ||||||
11 | cannabis, a controlled substance, methamphetamine, or an | ||||||
12 | intoxicating compound is established by
a subsequent analysis | ||||||
13 | of blood , other bodily substance, or urine collected at the | ||||||
14 | time of arrest, the
arresting officer or arresting agency shall | ||||||
15 | immediately submit a sworn report
to the circuit clerk of venue | ||||||
16 | and the Department of Natural Resources upon
receipt of the | ||||||
17 | test results. In cases involving a person who is not a CDL | ||||||
18 | holder where the blood alcohol concentration of 0.08 or | ||||||
19 | greater, a tetrahydrocannabinol concentration in the person's | ||||||
20 | whole blood or other bodily substance as defined in paragraph 6 | ||||||
21 | of subsection (a) of Section 11-501.2 of the Illinois Vehicle | ||||||
22 | Code, or any
amount of drug, substance, or compound resulting | ||||||
23 | from the unlawful use of
a controlled substance, | ||||||
24 | methamphetamine, or an intoxicating compound is established by
| ||||||
25 | a subsequent analysis of blood, other bodily substance, or | ||||||
26 | urine collected at the time of arrest, the
arresting officer or |
| |||||||
| |||||||
1 | arresting agency shall immediately submit a sworn report
to the | ||||||
2 | circuit clerk of venue and the Department of Natural Resources | ||||||
3 | upon
receipt of the test results.
| ||||||
4 | (g) A person must submit to each chemical test offered by | ||||||
5 | the law
enforcement officer
in order to comply with implied | ||||||
6 | consent provisions of this Section.
| ||||||
7 | (h) The provision of Section 11-501.2 of the Illinois | ||||||
8 | Vehicle Code
concerning the certification and use of chemical | ||||||
9 | tests applies to the use of
those tests under this Section.
| ||||||
10 | (Source: P.A. 93-156, eff. 1-1-04.)
| ||||||
11 | (625 ILCS 40/5-7.2)
| ||||||
12 | Sec. 5-7.2. Chemical and other tests.
| ||||||
13 | (a) Upon the trial of a civil or criminal action or | ||||||
14 | proceeding arising out
of
acts alleged to have been committed | ||||||
15 | while under the influence of alcohol , other drug or drugs, | ||||||
16 | intoxicating compound or compounds, or a combination of
them , | ||||||
17 | the
concentration of alcohol , drug, or compound in the person's | ||||||
18 | blood , other bodily substance, or breath at the time alleged as
| ||||||
19 | shown by analysis of the person's blood, urine, breath, or | ||||||
20 | other bodily
substance gives rise to the presumptions specified | ||||||
21 | in
subdivisions 1, 2, and 3 of subsection (b) and subsection | ||||||
22 | (b-5) of Section 11-501.2 of the Illinois
Vehicle Code.
| ||||||
23 | (b) The provisions of subsection (a) shall not be construed | ||||||
24 | as limiting the
introduction of any other relevant evidence | ||||||
25 | bearing upon the question whether
the person was under the |
| |||||||
| |||||||
1 | influence of alcohol , other drug or drugs, intoxicating | ||||||
2 | compound or compounds, or a combination of
them .
| ||||||
3 | (c) If a person under arrest refuses to submit to a | ||||||
4 | chemical test under the
provisions of Section 5-7.1, evidence | ||||||
5 | of refusal is admissible in a
civil or criminal action or | ||||||
6 | proceeding arising out of acts alleged to have been
committed | ||||||
7 | while the person under the influence of alcohol, other
drug or | ||||||
8 | drugs, an intoxicating compound or compounds, or a combination | ||||||
9 | of
them was operating a snowmobile.
| ||||||
10 | (Source: P.A. 93-156, eff. 1-1-04 .)
| ||||||
11 | (625 ILCS 40/5-7.4)
| ||||||
12 | Sec. 5-7.4.
Admissibility of chemical tests of blood , other | ||||||
13 | bodily substance, or urine conducted in the
regular course of | ||||||
14 | providing emergency medical treatment.
| ||||||
15 | (a) Notwithstanding any other provision of law, the results | ||||||
16 | of
blood , other bodily substance, or urine tests performed for | ||||||
17 | the purpose of determining the content of
alcohol, other drug | ||||||
18 | or drugs, intoxicating compound or compounds, or any
| ||||||
19 | combination of them in an individual's blood , other bodily | ||||||
20 | substance, or urine conducted upon persons receiving
medical | ||||||
21 | treatment in a
hospital
emergency room, are admissible in | ||||||
22 | evidence as a business record exception
to the
hearsay rule | ||||||
23 | only in prosecutions for a violation of Section 5-7 of this
Act | ||||||
24 | or a similar provision of a local ordinance or in prosecutions | ||||||
25 | for reckless
homicide brought under the Criminal Code of 1961 |
| |||||||
| |||||||
1 | or the Criminal Code of 2012.
| ||||||
2 | The results of the tests are admissible only when
each of | ||||||
3 | the following criteria are met:
| ||||||
4 | 1. The chemical tests performed upon an individual's | ||||||
5 | blood , other bodily substance, or urine were
ordered
in the
| ||||||
6 | regular course of providing emergency treatment and not at | ||||||
7 | the request of law
enforcement authorities; and
| ||||||
8 | 2. The chemical tests performed upon an individual's | ||||||
9 | blood , other bodily substance, or urine were
performed by | ||||||
10 | the
laboratory routinely used by the hospital.
| ||||||
11 | 3. (Blank).
| ||||||
12 | Results of chemical tests performed upon an individual's | ||||||
13 | blood , other bodily substance, or urine
are
admissible into | ||||||
14 | evidence regardless of the time that the records were
prepared.
| ||||||
15 | (b) The confidentiality provisions of law pertaining to | ||||||
16 | medical records and
medical treatment are not applicable with | ||||||
17 | regard to chemical tests
performed upon a person's blood , other | ||||||
18 | bodily substance, or urine under the provisions of this
Section | ||||||
19 | in prosecutions as specified in
subsection (a) of this Section. | ||||||
20 | No person
shall be liable for civil damages as
a result of the | ||||||
21 | evidentiary use of the results of chemical testing of the
| ||||||
22 | individual's blood , other bodily substance, or urine under this
| ||||||
23 | Section or as a result of that person's testimony made | ||||||
24 | available under this
Section.
| ||||||
25 | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
|
| |||||||
| |||||||
1 | (625 ILCS 40/5-7.6)
| ||||||
2 | Sec. 5-7.6.
Reporting of test results of blood , other | ||||||
3 | bodily substance, or urine conducted in the
regular course of | ||||||
4 | providing emergency medical treatment.
| ||||||
5 | (a) Notwithstanding any other provision of law, the results | ||||||
6 | of blood , other bodily substance, or
urine tests performed for | ||||||
7 | the purpose of determining the content of alcohol,
other drug | ||||||
8 | or drugs, intoxicating compound or compounds, or any | ||||||
9 | combination
of them in an individual's blood , other bodily | ||||||
10 | substance, or
urine, conducted upon persons receiving medical | ||||||
11 | treatment in a hospital
emergency room for injuries resulting | ||||||
12 | from a snowmobile accident, shall be
disclosed to the | ||||||
13 | Department of Natural Resources, or local law enforcement
| ||||||
14 | agencies of jurisdiction, upon request. The blood , other bodily | ||||||
15 | substance, or urine tests are
admissible in evidence as a | ||||||
16 | business record exception to the hearsay rule only
in | ||||||
17 | prosecutions for violations of Section 5-7 of this Code or a | ||||||
18 | similar
provision of a local ordinance, or in prosecutions for | ||||||
19 | reckless homicide
brought under the Criminal Code of
1961 or | ||||||
20 | the Criminal Code of 2012.
| ||||||
21 | (b) The confidentiality provisions of the law pertaining to | ||||||
22 | medical records
and medical treatment shall not be applicable | ||||||
23 | with regard to tests performed
upon an individual's blood , | ||||||
24 | other bodily substance, or urine under the provisions of | ||||||
25 | subsection (a) of
this Section. No person shall
be liable for | ||||||
26 | civil damages or professional discipline as a result of
|
| |||||||
| |||||||
1 | disclosure or reporting of the tests or the evidentiary use of | ||||||
2 | an individual's
blood , other bodily substance, or urine test | ||||||
3 | results under this Section or Section 5-7.4 or as a result
of | ||||||
4 | that person's testimony made available under this Section or | ||||||
5 | Section 5-7.4,
except for willful or wanton misconduct.
| ||||||
6 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
7 | Section 15. The Boat Registration and Safety Act is amended | ||||||
8 | by changing Sections 5-16, 5-16a, 5-16a.1, and 5-16c as | ||||||
9 | follows:
| ||||||
10 | (625 ILCS 45/5-16)
| ||||||
11 | Sec. 5-16. Operating a watercraft under the influence of | ||||||
12 | alcohol,
other drug or drugs, intoxicating compound or | ||||||
13 | compounds, or combination
thereof.
| ||||||
14 | (A) 1. A person shall not operate or be in actual physical | ||||||
15 | control of
any
watercraft within this State while:
| ||||||
16 | (a) The alcohol concentration in such person's | ||||||
17 | blood , other bodily substance, or breath is a
| ||||||
18 | concentration at which driving a motor vehicle is | ||||||
19 | prohibited under subdivision
(1) of subsection (a) of
| ||||||
20 | Section 11-501 of the Illinois Vehicle Code;
| ||||||
21 | (b) Under the influence of alcohol;
| ||||||
22 | (c) Under the influence of any other drug or | ||||||
23 | combination of drugs to a
degree which renders such | ||||||
24 | person incapable of safely operating
any watercraft;
|
| |||||||
| |||||||
1 | (c-1) Under the influence of any intoxicating | ||||||
2 | compound or combination
of
intoxicating compounds to a | ||||||
3 | degree that renders the person incapable of safely
| ||||||
4 | operating
any watercraft;
| ||||||
5 | (d) Under the combined influence of alcohol and any | ||||||
6 | other drug or
drugs to a degree which renders such | ||||||
7 | person incapable of safely operating
a watercraft; or
| ||||||
8 | (d-3) The person who is not a CDL holder has a | ||||||
9 | tetrahydrocannabinol concentration in the person's | ||||||
10 | whole blood or other bodily substance at which driving | ||||||
11 | a motor vehicle is prohibited under
subdivision (7) of | ||||||
12 | subsection (a) of
Section 11-501 of the Illinois | ||||||
13 | Vehicle Code; | ||||||
14 | (d-5) The person who is a CDL holder has any amount | ||||||
15 | of a drug, substance, or
compound in the person's | ||||||
16 | breath, blood, other bodily substance, or urine | ||||||
17 | resulting from the unlawful use or consumption of | ||||||
18 | cannabis listed in the Cannabis Control Act; or
| ||||||
19 | (e) There is any amount of a drug, substance, or | ||||||
20 | compound in the
person's blood , other bodily | ||||||
21 | substance, or urine resulting from the unlawful use or | ||||||
22 | consumption of
cannabis listed in the Cannabis Control | ||||||
23 | Act, a
controlled substance
listed in the Illinois | ||||||
24 | Controlled Substances Act, methamphetamine as listed | ||||||
25 | in the Methamphetamine Control and Community | ||||||
26 | Protection Act, or an intoxicating compound
listed in |
| |||||||
| |||||||
1 | the Use of Intoxicating Compounds Act.
| ||||||
2 | 2. The fact that any person charged with violating this | ||||||
3 | Section is or
has been legally entitled to use alcohol, | ||||||
4 | other drug or drugs, any
intoxicating compound or | ||||||
5 | compounds, or any combination of
them, shall not constitute | ||||||
6 | a defense against any charge of
violating this
Section.
| ||||||
7 | 3. Every person convicted of violating this Section | ||||||
8 | shall be guilty of a
Class A misdemeanor, except as | ||||||
9 | otherwise provided in this Section.
| ||||||
10 | 4. Every person convicted of violating this Section | ||||||
11 | shall be guilty of a
Class 4 felony if:
| ||||||
12 | (a) He or she has a previous conviction under this | ||||||
13 | Section;
| ||||||
14 | (b) The offense results in personal injury where a | ||||||
15 | person other than the
operator suffers great bodily | ||||||
16 | harm or permanent disability or disfigurement,
when | ||||||
17 | the violation was a proximate cause of the injuries. A | ||||||
18 | person guilty of a
Class 4 felony under this | ||||||
19 | subparagraph (b), if sentenced
to a term of | ||||||
20 | imprisonment, shall be sentenced to a term of not less | ||||||
21 | than
one year nor more than 12 years; or
| ||||||
22 | (c) The offense occurred during a period in which | ||||||
23 | his or her
privileges
to
operate
a watercraft are | ||||||
24 | revoked or suspended, and the revocation or suspension | ||||||
25 | was for
a
violation of this Section or was imposed | ||||||
26 | under subsection (B).
|
| |||||||
| |||||||
1 | 5. Every person convicted of violating this Section | ||||||
2 | shall be
guilty of a Class 2 felony if the offense results | ||||||
3 | in the death of a
person.
A person guilty of a Class 2 | ||||||
4 | felony under this paragraph 5, if sentenced to a
term of | ||||||
5 | imprisonment, shall be sentenced to a term of not less than | ||||||
6 | 3 years
and not more than 14 years.
| ||||||
7 | 5.1. A person convicted of violating this Section or a | ||||||
8 | similar
provision
of a
local
ordinance who had a child | ||||||
9 | under the age of 16 aboard the watercraft at the
time of | ||||||
10 | offense is
subject to a mandatory minimum fine of $500 and | ||||||
11 | to a mandatory minimum of 5
days of
community service in a | ||||||
12 | program benefiting children. The assignment under this
| ||||||
13 | paragraph 5.1 is
not subject to suspension and the person | ||||||
14 | is not eligible for probation in order
to reduce the
| ||||||
15 | assignment.
| ||||||
16 | 5.2. A person found guilty of violating this Section, | ||||||
17 | if his or her
operation
of a watercraft
while in violation | ||||||
18 | of this Section proximately caused any incident resulting | ||||||
19 | in
an appropriate
emergency response, is liable for the | ||||||
20 | expense of an emergency response as
provided in subsection | ||||||
21 | (m) of Section 11-501 of the Illinois Vehicle Code.
| ||||||
22 | 5.3. In addition to any other penalties and | ||||||
23 | liabilities, a person who is
found
guilty of
violating this | ||||||
24 | Section, including any person placed on court supervision,
| ||||||
25 | shall be fined $100,
payable to the circuit clerk, who | ||||||
26 | shall distribute the money to the law
enforcement agency |
| |||||||
| |||||||
1 | that
made the arrest. In the event that more than one | ||||||
2 | agency is responsible for the
arrest, the $100
shall be | ||||||
3 | shared equally. Any moneys received by a law enforcement | ||||||
4 | agency under
this
paragraph 5.3 shall be used to purchase | ||||||
5 | law enforcement equipment or to provide
law
enforcement | ||||||
6 | training that will assist in the prevention of alcohol | ||||||
7 | related
criminal violence
throughout the State. Law | ||||||
8 | enforcement equipment shall include, but is not
limited to, | ||||||
9 | in-car
video cameras, radar and laser speed detection | ||||||
10 | devices, and alcohol breath
testers.
| ||||||
11 | 6. (a) In addition to any criminal penalties imposed, | ||||||
12 | the Department of
Natural Resources shall suspend the | ||||||
13 | watercraft operation privileges of any
person
| ||||||
14 | convicted or found guilty of a misdemeanor under this | ||||||
15 | Section, a similar provision of a local ordinance, or | ||||||
16 | Title 46 of the U.S. Code of Federal Regulations for a | ||||||
17 | period
of one year, except that a first time offender | ||||||
18 | is exempt from this mandatory
one year suspension.
| ||||||
19 | As used in this subdivision (A)6(a), "first time | ||||||
20 | offender" means any person who has not had a previous | ||||||
21 | conviction or been assigned supervision for violating | ||||||
22 | this Section, a similar provision of a local ordinance | ||||||
23 | or, Title 46 of the U.S. Code of Federal Regulations, | ||||||
24 | or any person who has not had a suspension imposed | ||||||
25 | under subdivision (B)3.1 of Section 5-16.
| ||||||
26 | (b) In addition to any criminal penalties imposed, |
| |||||||
| |||||||
1 | the Department of
Natural Resources shall suspend the | ||||||
2 | watercraft operation privileges of any
person
| ||||||
3 | convicted of a felony under this Section, a similar | ||||||
4 | provision of a local ordinance, or Title 46 of the U.S. | ||||||
5 | Code of Federal Regulations for a period of 3 years.
| ||||||
6 | (B) 1. Any person who operates or is in actual physical | ||||||
7 | control of any
watercraft upon the waters of this
State | ||||||
8 | shall be deemed to have given consent to a chemical test or | ||||||
9 | tests of
blood, breath , other bodily substance, or urine | ||||||
10 | for the purpose of determining the content of
alcohol, | ||||||
11 | other
drug or drugs, intoxicating compound or compounds, or | ||||||
12 | combination thereof
in the person's blood or other bodily | ||||||
13 | substance if arrested for
any offense of subsection (A) | ||||||
14 | above. The chemical test or tests shall be
administered at
| ||||||
15 | the direction of the arresting officer.
The law enforcement | ||||||
16 | agency employing the
officer shall designate which of the | ||||||
17 | tests shall be administered. Up to 2 additional tests of A
| ||||||
18 | urine or other bodily substance test may be
administered | ||||||
19 | even after a blood or breath test or both has been | ||||||
20 | administered.
| ||||||
21 | 1.1. For the purposes of this Section, an Illinois Law | ||||||
22 | Enforcement
officer of
this
State who is investigating the | ||||||
23 | person for any offense defined in Section 5-16
may travel
| ||||||
24 | into an adjoining state, where the person has been | ||||||
25 | transported for medical care
to
complete an investigation, | ||||||
26 | and may request that the person submit to the test
or
tests |
| |||||||
| |||||||
1 | set
forth in this Section. The requirements of this Section | ||||||
2 | that the person be
arrested are
inapplicable, but the | ||||||
3 | officer shall issue the person a uniform citation for an
| ||||||
4 | offense as
defined in Section 5-16 or a similar provision | ||||||
5 | of a local ordinance prior to
requesting that
the person | ||||||
6 | submit to the test or tests. The issuance of the uniform | ||||||
7 | citation
shall not
constitute an arrest, but shall be for | ||||||
8 | the purpose of notifying the person that
he or she is
| ||||||
9 | subject to the provisions of this Section and of the | ||||||
10 | officer's belief in the
existence of
probable cause to | ||||||
11 | arrest. Upon returning to this State, the officer shall | ||||||
12 | file
the uniform
citation with the circuit clerk of the | ||||||
13 | county where the offense was committed
and shall
seek the | ||||||
14 | issuance of an arrest warrant or a summons for the person.
| ||||||
15 | 1.2. Notwithstanding any ability to refuse under this | ||||||
16 | Act to submit to
these
tests
or any ability to revoke the | ||||||
17 | implied consent to these tests, if a law
enforcement | ||||||
18 | officer
has probable cause to believe that a watercraft | ||||||
19 | operated by or under actual
physical
control of a person | ||||||
20 | under the influence of alcohol, other drug or drugs,
| ||||||
21 | intoxicating
compound or compounds, or any combination of | ||||||
22 | them has caused the death of or
personal
injury to another, | ||||||
23 | that person shall submit, upon the request of a law
| ||||||
24 | enforcement officer,
to a chemical test or tests of his or | ||||||
25 | her blood, breath, other bodily substance, or urine for the
| ||||||
26 | purpose of
determining the alcohol content or the presence |
| |||||||
| |||||||
1 | of any other drug, intoxicating
compound, or
combination
of | ||||||
2 | them. For the purposes of this Section, a personal injury | ||||||
3 | includes severe
bleeding
wounds, distorted extremities, | ||||||
4 | and injuries that require the injured party to
be carried
| ||||||
5 | from the scene for immediate professional attention in | ||||||
6 | either a doctor's office
or a
medical facility.
| ||||||
7 | 2. Any person who is dead, unconscious or who is | ||||||
8 | otherwise in a condition
rendering such person incapable of | ||||||
9 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
10 | provided above, and the test may be administered.
| ||||||
11 | 3. A person requested to submit to a chemical test as | ||||||
12 | provided above
shall be
verbally advised by the law | ||||||
13 | enforcement officer requesting the test that a
refusal to | ||||||
14 | submit to the test will result in suspension of such | ||||||
15 | person's
privilege to operate a watercraft for a minimum of | ||||||
16 | 2 years. Following this
warning, if a person
under arrest | ||||||
17 | refuses upon the request of a law enforcement officer to
| ||||||
18 | submit to a test designated by the officer, no test
shall | ||||||
19 | be given, but the law enforcement officer shall file with | ||||||
20 | the clerk
of the circuit court for the county in which the | ||||||
21 | arrest was made, and with
the Department of Natural | ||||||
22 | Resources, a sworn
statement naming the person refusing to | ||||||
23 | take and complete the chemical test
or tests
requested | ||||||
24 | under the provisions of this Section. Such sworn statement | ||||||
25 | shall
identify the arrested person, such person's current | ||||||
26 | residence address and
shall specify that a refusal by such |
| |||||||
| |||||||
1 | person to take the chemical test or
tests was
made. Such | ||||||
2 | sworn statement shall include a statement that the | ||||||
3 | arresting
officer had reasonable cause to believe the | ||||||
4 | person was operating or was in
actual physical control of | ||||||
5 | the
watercraft within this State while under the influence | ||||||
6 | of alcohol, other
drug or drugs, intoxicating compound or | ||||||
7 | compounds, or combination thereof
and that such
chemical | ||||||
8 | test or tests were made as an
incident to and following the | ||||||
9 | lawful arrest for an offense as defined in
this Section or | ||||||
10 | a similar provision of a local ordinance, and that the
| ||||||
11 | person after being arrested for an offense arising out of | ||||||
12 | acts alleged to
have been committed while so operating a | ||||||
13 | watercraft refused to submit to
and complete a chemical | ||||||
14 | test or tests as requested by the law enforcement
officer.
| ||||||
15 | 3.1. The law enforcement officer submitting the sworn | ||||||
16 | statement as
provided in
paragraph 3 of this subsection (B) | ||||||
17 | shall serve immediate written notice upon
the
person | ||||||
18 | refusing the chemical test or tests that the person's | ||||||
19 | privilege to
operate a
watercraft within this State will be | ||||||
20 | suspended for a period of 2 years unless,
within 28 days | ||||||
21 | from the date of the notice, the person requests in writing | ||||||
22 | a
hearing
on the suspension.
| ||||||
23 | If the person desires a hearing, such person
shall file | ||||||
24 | a complaint in the circuit court for and in the county in | ||||||
25 | which
such person was arrested for such hearing. Such | ||||||
26 | hearing shall proceed in
the court in the same manner as |
| |||||||
| |||||||
1 | other civil proceedings, shall cover only
the issues of | ||||||
2 | whether the person was placed under arrest for an offense | ||||||
3 | as
defined in this Section or a similar provision of a | ||||||
4 | local ordinance as
evidenced by the issuance of a uniform | ||||||
5 | citation; whether the arresting
officer had reasonable | ||||||
6 | grounds to believe that such person was operating a
| ||||||
7 | watercraft while under the influence of alcohol, other drug | ||||||
8 | or drugs,
intoxicating compound or compounds, or | ||||||
9 | combination
thereof; and whether such person refused to | ||||||
10 | submit and complete the
chemical test or
tests upon the | ||||||
11 | request of the law enforcement officer. Whether the person
| ||||||
12 | was informed that such person's privilege to operate a | ||||||
13 | watercraft would be
suspended if such person refused to | ||||||
14 | submit to the chemical test or tests
shall not be an
issue.
| ||||||
15 | If the person fails to request in writing a hearing | ||||||
16 | within 28 days from
the date of notice, or if a hearing is | ||||||
17 | held and the court finds against the
person on the issues | ||||||
18 | before the court, the
clerk shall immediately notify the | ||||||
19 | Department of Natural Resources, and the Department shall | ||||||
20 | suspend the watercraft operation
privileges of the person | ||||||
21 | for at least 2 years.
| ||||||
22 | 3.2. If the person is a CDL holder and submits to a | ||||||
23 | test that discloses an alcohol
concentration
of 0.08
or | ||||||
24 | more, or any amount of a drug, substance or intoxicating | ||||||
25 | compound in the
person's
breath, blood, other bodily | ||||||
26 | substance, or urine resulting from the unlawful use of |
| |||||||
| |||||||
1 | cannabis listed in
the Cannabis
Control Act, a controlled | ||||||
2 | substance listed in the Illinois Controlled
Substances | ||||||
3 | Act, methamphetamine as listed in the Methamphetamine | ||||||
4 | Control and Community Protection Act, or an
intoxicating | ||||||
5 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
6 | the law
enforcement officer shall immediately submit a | ||||||
7 | sworn report to the circuit
clerk of venue
and the | ||||||
8 | Department of Natural Resources, certifying that the test | ||||||
9 | or tests were
requested
under paragraph 1 of this | ||||||
10 | subsection (B) and the person submitted to testing
that
| ||||||
11 | disclosed an alcohol concentration of 0.08 or more or any | ||||||
12 | amount of a drug, substance or intoxicating compound in the
| ||||||
13 | person's
breath, blood, other bodily substance, or urine | ||||||
14 | resulting from the unlawful use of cannabis listed in the | ||||||
15 | Cannabis Control Act, a controlled substance listed in the | ||||||
16 | Illinois Controlled
Substances Act, methamphetamine as | ||||||
17 | listed in the Methamphetamine Control and Community | ||||||
18 | Protection Act, or an
intoxicating compound listed in the | ||||||
19 | Use of Intoxicating Compounds Act. If the person is not a | ||||||
20 | CDL holder and submits to a test that discloses an alcohol
| ||||||
21 | concentration
of 0.08
or more, a tetrahydrocannabinol | ||||||
22 | concentration in the person's whole blood or other bodily | ||||||
23 | substance as defined in paragraph 6 of subsection (a) of | ||||||
24 | Section 11-501.2 of the Illinois Vehicle Code, or any | ||||||
25 | amount of a drug, substance or intoxicating compound in the
| ||||||
26 | person's
breath, blood, other bodily substance, or urine |
| |||||||
| |||||||
1 | resulting from the unlawful use of a controlled substance | ||||||
2 | listed in the Illinois Controlled
Substances Act, | ||||||
3 | methamphetamine as listed in the Methamphetamine Control | ||||||
4 | and Community Protection Act, or an
intoxicating compound | ||||||
5 | listed in the Use of Intoxicating Compounds Act, the law
| ||||||
6 | enforcement officer shall immediately submit a sworn | ||||||
7 | report to the circuit
clerk of venue
and the Department of | ||||||
8 | Natural Resources, certifying that the test or tests were
| ||||||
9 | requested
under paragraph 1 of this subsection (B) and the | ||||||
10 | person submitted to testing
that
disclosed an alcohol | ||||||
11 | concentration of 0.08 or more, a tetrahydrocannabinol | ||||||
12 | concentration in the person's whole blood or other bodily | ||||||
13 | substance as defined in paragraph 6 of subsection (a) of | ||||||
14 | Section 11-501.2 of the Illinois Vehicle Code, or any | ||||||
15 | amount of a drug, substance or intoxicating compound in the
| ||||||
16 | person's
breath, blood, other bodily substance, or urine | ||||||
17 | resulting from the unlawful use of a controlled substance | ||||||
18 | listed in the Illinois Controlled
Substances Act, | ||||||
19 | methamphetamine as listed in the Methamphetamine Control | ||||||
20 | and Community Protection Act, or an
intoxicating compound | ||||||
21 | listed in the Use of Intoxicating Compounds Act .
| ||||||
22 | In cases involving a person who is a CDL holder where | ||||||
23 | the blood alcohol concentration of 0.08 or greater or any
| ||||||
24 | amount of
drug, substance or compound resulting from the | ||||||
25 | unlawful use of cannabis, a
controlled
substance , | ||||||
26 | methamphetamine, or an intoxicating compound is |
| |||||||
| |||||||
1 | established by a subsequent analysis
of blood , other bodily | ||||||
2 | substance, or urine collected at the time of arrest, the | ||||||
3 | arresting officer or arresting
agency shall
immediately | ||||||
4 | submit a sworn report to the circuit clerk of venue and the
| ||||||
5 | Department of
Natural Resources upon receipt of the test | ||||||
6 | results. In cases involving a person who is not a CDL | ||||||
7 | holder where the blood alcohol concentration of 0.08 or | ||||||
8 | greater, a tetrahydrocannabinol concentration in the | ||||||
9 | person's whole blood or other bodily substance as defined | ||||||
10 | in paragraph 6 of subsection (a) of Section 11-501.2 of the | ||||||
11 | Illinois Vehicle Code, or any
amount of drug, substance, or | ||||||
12 | compound resulting from the unlawful use of
a controlled | ||||||
13 | substance, methamphetamine, or an intoxicating compound is | ||||||
14 | established by
a subsequent analysis of blood, other bodily | ||||||
15 | substance, or urine collected at the time of arrest, the
| ||||||
16 | arresting officer or arresting agency shall immediately | ||||||
17 | submit a sworn report
to the circuit clerk of venue and the | ||||||
18 | Department of Natural Resources upon
receipt of the test | ||||||
19 | results.
| ||||||
20 | 4. A person must submit to each chemical test offered | ||||||
21 | by the law
enforcement
officer
in order to comply with the | ||||||
22 | implied consent provisions of this Section.
| ||||||
23 | 5. The provisions of Section 11-501.2 of the Illinois | ||||||
24 | Vehicle Code, as
amended, concerning the certification and | ||||||
25 | use of chemical tests apply to the
use of such tests under | ||||||
26 | this Section.
|
| |||||||
| |||||||
1 | (C) Upon the trial of any civil or criminal action or | ||||||
2 | proceeding arising out
of acts alleged to have been committed | ||||||
3 | by any person while operating a
watercraft while under the | ||||||
4 | influence of alcohol, other drug or drugs, intoxicating | ||||||
5 | compound or compounds, or combination
thereof, the | ||||||
6 | concentration of alcohol , drug, or compound in the person's | ||||||
7 | blood , other bodily substance, or breath at the time alleged as | ||||||
8 | shown by analysis of a
person's blood, urine, breath, or other | ||||||
9 | bodily substance shall give rise to the
presumptions specified | ||||||
10 | in subdivisions 1, 2, and 3 of
subsection (b) and subsection | ||||||
11 | (b-5) of Section 11-501.2 of the Illinois Vehicle Code. The | ||||||
12 | foregoing
provisions of this subsection (C) shall not be
| ||||||
13 | construed
as limiting the introduction of any other relevant | ||||||
14 | evidence bearing upon the
question whether the person was under | ||||||
15 | the influence of alcohol , other drug or drugs, intoxicating | ||||||
16 | compound or compounds, or a combination thereof .
| ||||||
17 | (D) If a person under arrest refuses to submit to a | ||||||
18 | chemical test under
the provisions of this Section, evidence of | ||||||
19 | refusal shall be admissible in
any civil or criminal action or | ||||||
20 | proceeding arising out of acts alleged to
have been committed | ||||||
21 | while the person under the influence of alcohol,
other drug or | ||||||
22 | drugs, intoxicating compound or compounds, or combination
of | ||||||
23 | them was operating a watercraft.
| ||||||
24 | (E) The owner of any watercraft or any person given | ||||||
25 | supervisory
authority over a watercraft, may not knowingly | ||||||
26 | permit a watercraft to be
operated by any person under the |
| |||||||
| |||||||
1 | influence of alcohol, other drug or drugs,
intoxicating | ||||||
2 | compound or compounds, or
combination thereof.
| ||||||
3 | (F) Whenever any person is convicted or found guilty of a | ||||||
4 | violation of
this
Section, including any person placed on court | ||||||
5 | supervision, the court shall
notify the Office of Law | ||||||
6 | Enforcement of the
Department of Natural Resources, to provide | ||||||
7 | the Department with the records
essential for the performance | ||||||
8 | of the Department's duties to monitor and enforce
any order of | ||||||
9 | suspension or revocation concerning the privilege to operate a
| ||||||
10 | watercraft.
| ||||||
11 | (G) No person who has been arrested and charged for | ||||||
12 | violating paragraph 1 of
subsection (A) of this Section shall | ||||||
13 | operate any watercraft within this State
for a period of 24 | ||||||
14 | hours after such arrest.
| ||||||
15 | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
| ||||||
16 | (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
| ||||||
17 | Sec. 5-16a.
Admissibility of chemical tests of blood , other | ||||||
18 | bodily substance, or urine conducted in the regular course of | ||||||
19 | providing emergency medical
treatment.
| ||||||
20 | (a) Notwithstanding any other provision of law, the written | ||||||
21 | results of
blood , other bodily substance, or urine alcohol and | ||||||
22 | drug tests conducted upon persons receiving medical treatment | ||||||
23 | in a
hospital emergency room are admissible in evidence as a | ||||||
24 | business record
exception to the hearsay rule only in | ||||||
25 | prosecutions for any violation of
Section 5-16 of this Act or a |
| |||||||
| |||||||
1 | similar provision of a local
ordinance or in prosecutions for | ||||||
2 | reckless homicide brought under the Criminal
Code of 1961 or | ||||||
3 | the Criminal Code of 2012, when:
| ||||||
4 | (1) the chemical tests performed upon an individual's | ||||||
5 | blood , other bodily substance, or urine were ordered
in the | ||||||
6 | regular course of providing emergency treatment and not at | ||||||
7 | the request
of law enforcement authorities; and
| ||||||
8 | (2) the chemical tests performed upon an individual's | ||||||
9 | blood , other bodily substance, or urine
were performed by | ||||||
10 | the laboratory routinely used by the hospital.
| ||||||
11 | Results of
chemical tests performed upon an individual's | ||||||
12 | blood , other bodily substance, or urine are admissible into
| ||||||
13 | evidence regardless of the time that the records were prepared.
| ||||||
14 | (b) The confidentiality provisions of law pertaining to | ||||||
15 | medical records
and medical treatment shall not be applicable | ||||||
16 | with regard to chemical
tests performed upon an individual's | ||||||
17 | blood , other bodily substance, or urine under the provisions of
| ||||||
18 | this Section in prosecutions as
specified in subsection (a) of | ||||||
19 | this Section. No person shall be liable for
civil damages as a | ||||||
20 | result of the evidentiary use of the results of chemical
| ||||||
21 | testing of an individual's blood , other bodily substance, or | ||||||
22 | urine under this Section or as a result of that person's | ||||||
23 | testimony made
available under this Section.
| ||||||
24 | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| ||||||
25 | (625 ILCS 45/5-16a.1)
|
| |||||||
| |||||||
1 | Sec. 5-16a.1.
Reporting of test results of blood , other | ||||||
2 | bodily substance, or urine conducted in the
regular course of
| ||||||
3 | providing emergency medical treatment.
| ||||||
4 | (a) Notwithstanding any other provision of law, the results | ||||||
5 | of blood , other bodily substance, or
urine
tests
performed for | ||||||
6 | the purpose of determining the content of alcohol, other drug | ||||||
7 | or
drugs, intoxicating compound or compounds, or any | ||||||
8 | combination of them in an
individual's blood , other bodily | ||||||
9 | substance, or
urine, conducted upon persons receiving medical | ||||||
10 | treatment in a hospital
emergency room for
injuries resulting | ||||||
11 | from a boating accident, shall be disclosed to the
Department
| ||||||
12 | of Natural
Resources or local law enforcement agencies of | ||||||
13 | jurisdiction, upon request. The
blood , other bodily substance, | ||||||
14 | or urine
tests are admissible in evidence as a business record | ||||||
15 | exception to the hearsay
rule only in
prosecutions for | ||||||
16 | violations of Section 5-16 of this Code or a similar provision
| ||||||
17 | of a local
ordinance, or in prosecutions for reckless homicide | ||||||
18 | brought under the Criminal
Code of 1961 or the Criminal Code of | ||||||
19 | 2012.
| ||||||
20 | (b) The confidentiality provisions of the law pertaining to | ||||||
21 | medical records
and medical
treatment shall not be applicable | ||||||
22 | with regard to tests performed upon an
individual's blood , | ||||||
23 | other bodily substance, or
urine under the provisions of | ||||||
24 | subsection (a) of this Section. No person is
liable for civil | ||||||
25 | damages
or professional discipline as a result of disclosure or | ||||||
26 | reporting of the tests
or the evidentiary use
of an |
| |||||||
| |||||||
1 | individual's blood , other bodily substance, or urine test | ||||||
2 | results under this Section or
Section 5-16a, or as a
result of | ||||||
3 | that person's testimony made available under this Section or | ||||||
4 | Section
5-16a, except for
willful or wanton misconduct.
| ||||||
5 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
6 | (625 ILCS 45/5-16c) | ||||||
7 | Sec. 5-16c. Operator involvement in personal injury or | ||||||
8 | fatal boating accident; chemical tests. | ||||||
9 | (a) Any person who operates or is in actual physical | ||||||
10 | control of a motorboat within this State and who has been | ||||||
11 | involved in a personal injury or fatal boating accident shall | ||||||
12 | be deemed to have given consent to a breath test using a | ||||||
13 | portable device as approved by the Department of State Police | ||||||
14 | or to a chemical test or tests of blood, breath, other bodily | ||||||
15 | substance, or urine for the purpose of determining the content | ||||||
16 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
17 | compounds of the person's blood if arrested as evidenced by the | ||||||
18 | issuance of a uniform citation for a violation of the Boat | ||||||
19 | Registration and Safety Act or a similar provision of a local | ||||||
20 | ordinance, with the exception of equipment violations | ||||||
21 | contained in Article IV of this Act or similar provisions of | ||||||
22 | local ordinances. The test or tests shall be administered at | ||||||
23 | the direction of the arresting officer. The law enforcement | ||||||
24 | agency employing the officer shall designate which of the | ||||||
25 | aforesaid tests shall be administered. Up to 2 additional tests |
| |||||||
| |||||||
1 | of A urine or other bodily substance test may be administered | ||||||
2 | even after a blood or breath test or both has been | ||||||
3 | administered. Compliance with this Section does not relieve the | ||||||
4 | person from the requirements of any other Section of this Act. | ||||||
5 | (b) Any person who is dead, unconscious, or who is | ||||||
6 | otherwise in a
condition rendering that person incapable of | ||||||
7 | refusal shall be deemed not to
have withdrawn the consent | ||||||
8 | provided by subsection (a) of this Section. In
addition, if an | ||||||
9 | operator of a motorboat is receiving medical treatment as a
| ||||||
10 | result of a boating accident, any physician licensed to | ||||||
11 | practice
medicine, licensed physician assistant, licensed | ||||||
12 | advanced practice nurse, registered nurse, or a phlebotomist | ||||||
13 | acting under the direction of
a licensed physician shall | ||||||
14 | withdraw blood for testing purposes to ascertain
the presence | ||||||
15 | of alcohol, other drug or drugs, or intoxicating
compound or | ||||||
16 | compounds, upon the specific request of a law
enforcement | ||||||
17 | officer. However, this testing shall not be performed until, in
| ||||||
18 | the opinion of the medical personnel on scene, the withdrawal | ||||||
19 | can be made
without interfering with or endangering the | ||||||
20 | well-being of the patient. | ||||||
21 | (c) A person who is a CDL holder requested to submit to a | ||||||
22 | test under subsection (a) of this Section shall be
warned by | ||||||
23 | the law enforcement officer requesting the test that a refusal | ||||||
24 | to
submit to the test, or submission to the test resulting in | ||||||
25 | an alcohol
concentration of 0.08 or more, or any amount of a | ||||||
26 | drug, substance,
or intoxicating compound
resulting from the |
| |||||||
| |||||||
1 | unlawful use or consumption of cannabis listed in the
Cannabis | ||||||
2 | Control Act, a controlled substance listed in the Illinois
| ||||||
3 | Controlled Substances Act, an intoxicating compound listed in | ||||||
4 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
5 | listed in the Methamphetamine Control and Community Protection | ||||||
6 | Act as detected in the person's blood , other bodily substance, | ||||||
7 | or urine, may
result in the suspension of the person's | ||||||
8 | privilege to operate a motor vehicle and may result in the | ||||||
9 | disqualification of the person's privilege to operate a | ||||||
10 | commercial motor vehicle, as provided in Section 6-514 of the | ||||||
11 | Illinois Vehicle Code . A person who is not a CDL holder | ||||||
12 | requested to submit to a test under subsection (a) of this | ||||||
13 | Section shall be
warned by the law enforcement officer | ||||||
14 | requesting the test that a refusal to
submit to the test, or | ||||||
15 | submission to the test resulting in an alcohol
concentration of | ||||||
16 | 0.08 or more, a tetrahydrocannabinol concentration in the | ||||||
17 | person's whole blood or other bodily substance as defined in | ||||||
18 | paragraph 6 of subsection (a) of Section 11-501.2 of the | ||||||
19 | Illinois Vehicle Code, or any amount of a drug, substance,
or | ||||||
20 | intoxicating compound
resulting from the unlawful use or | ||||||
21 | consumption of a controlled substance listed in the Illinois
| ||||||
22 | Controlled Substances Act, an intoxicating compound listed in | ||||||
23 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
24 | listed in the Methamphetamine Control and Community Protection | ||||||
25 | Act as detected in the person's blood, other bodily substance, | ||||||
26 | or urine, may
result in the suspension of the person's |
| |||||||
| |||||||
1 | privilege to operate a motor vehicle , if the person is a CDL | ||||||
2 | holder .
The length of the suspension shall be the same as | ||||||
3 | outlined in Section
6-208.1 of the Illinois Vehicle Code | ||||||
4 | regarding statutory summary suspensions. | ||||||
5 | (d) If the person is a CDL holder and refuses testing or | ||||||
6 | submits to a test which discloses
an alcohol concentration of | ||||||
7 | 0.08 or more, or any amount of a drug,
substance,
or | ||||||
8 | intoxicating compound in the person's blood , other bodily | ||||||
9 | substance, or urine resulting from the
unlawful use or
| ||||||
10 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
11 | controlled
substance listed in the Illinois Controlled | ||||||
12 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
13 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
14 | Methamphetamine Control and Community Protection Act, the law
| ||||||
15 | enforcement officer shall immediately submit a sworn report to | ||||||
16 | the Secretary of
State on a form prescribed by the Secretary of | ||||||
17 | State, certifying that the test or tests
were requested under | ||||||
18 | subsection (a) of this Section and the person refused to submit | ||||||
19 | to a
test or tests or submitted to testing which disclosed an | ||||||
20 | alcohol concentration
of 0.08 or more, or any amount of a drug, | ||||||
21 | substance, or intoxicating
compound
in the
person's blood , | ||||||
22 | other bodily substance, or urine, resulting from the unlawful | ||||||
23 | use or consumption of
cannabis listed in the Cannabis Control | ||||||
24 | Act, a controlled substance
listed in
the Illinois Controlled | ||||||
25 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
26 | Intoxicating Compounds Act, or methamphetamine as listed in the |
| |||||||
| |||||||
1 | Methamphetamine Control and Community Protection Act. If the | ||||||
2 | person is not a CDL holder and refuses testing or submits to a | ||||||
3 | test which discloses
an alcohol concentration of 0.08 or more, | ||||||
4 | a tetrahydrocannabinol concentration in the person's whole | ||||||
5 | blood or other bodily substance as defined in paragraph 6 of | ||||||
6 | subsection (a) of Section 11-501.2 of the Illinois Vehicle | ||||||
7 | Code, or any amount of a drug,
substance,
or intoxicating | ||||||
8 | compound in the person's blood, other bodily substance, or | ||||||
9 | urine resulting from the
unlawful use or
consumption of a | ||||||
10 | controlled
substance listed in the Illinois Controlled | ||||||
11 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
12 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
13 | Methamphetamine Control and Community Protection Act, the law
| ||||||
14 | enforcement officer shall immediately submit a sworn report to | ||||||
15 | the Secretary of
State on a form prescribed by the Secretary of | ||||||
16 | State, certifying that the test or tests
were requested under | ||||||
17 | subsection (a) of this Section and the person refused to submit | ||||||
18 | to a
test or tests or submitted to testing which disclosed an | ||||||
19 | alcohol concentration
of 0.08 or more, a tetrahydrocannabinol | ||||||
20 | concentration in the person's whole blood or other bodily | ||||||
21 | substance as defined in paragraph 6 of subsection (a) of | ||||||
22 | Section 11-501.2 of the Illinois Vehicle Code, or any amount of | ||||||
23 | a drug, substance, or intoxicating
compound
in the
person's | ||||||
24 | blood or urine, resulting from the unlawful use or consumption | ||||||
25 | of
a controlled substance
listed in
the Illinois Controlled | ||||||
26 | Substances Act,
an intoxicating compound listed in
the Use of |
| |||||||
| |||||||
1 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
2 | Methamphetamine Control and Community Protection Act. | ||||||
3 | Upon receipt of the sworn report of a law enforcement | ||||||
4 | officer, the
Secretary of State shall enter the suspension and | ||||||
5 | disqualification to the person's driving record and the
| ||||||
6 | suspension and disqualification shall be effective on the 46th | ||||||
7 | day following the date notice of the
suspension was given to | ||||||
8 | the person. | ||||||
9 | The law enforcement officer submitting the sworn report | ||||||
10 | shall serve immediate
notice of this suspension on the person | ||||||
11 | and this suspension and disqualification shall be effective
on | ||||||
12 | the 46th day following the date notice was given. | ||||||
13 | In cases involving a person who is a CDL holder where the | ||||||
14 | blood alcohol concentration of 0.08 or more,
or any amount
of a | ||||||
15 | drug, substance, or intoxicating compound resulting from the | ||||||
16 | unlawful
use or
consumption of cannabis listed in the Cannabis | ||||||
17 | Control Act, a
controlled
substance listed in the Illinois | ||||||
18 | Controlled Substances Act,
an
intoxicating
compound listed in | ||||||
19 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
20 | listed in the Methamphetamine Control and Community Protection | ||||||
21 | Act, is established by a
subsequent analysis of blood , other | ||||||
22 | bodily substance, or urine collected at the time of arrest, the
| ||||||
23 | arresting officer shall give notice as provided in this Section | ||||||
24 | or by deposit
in the United States mail of this notice in an | ||||||
25 | envelope with postage prepaid
and addressed to the person at | ||||||
26 | his or her address as shown on the uniform citation and the |
| |||||||
| |||||||
1 | suspension and disqualification shall be effective on the 46th | ||||||
2 | day following the date
notice was given. In cases involving a | ||||||
3 | person who is not a CDL holder where the blood alcohol | ||||||
4 | concentration of 0.08 or more, a tetrahydrocannabinol | ||||||
5 | concentration in the person's whole blood or other bodily | ||||||
6 | substance as defined in paragraph 6 of subsection (a) of | ||||||
7 | Section 11-501.2 of the Illinois Vehicle Code,
or any amount
of | ||||||
8 | a drug, substance, or intoxicating compound resulting from the | ||||||
9 | unlawful
use or
consumption of a
controlled
substance listed in | ||||||
10 | the Illinois Controlled Substances Act,
an
intoxicating
| ||||||
11 | compound listed in the Use of Intoxicating Compounds Act, or | ||||||
12 | methamphetamine as listed in the Methamphetamine Control and | ||||||
13 | Community Protection Act, is established by a
subsequent | ||||||
14 | analysis of blood, other bodily substance, or urine collected | ||||||
15 | at the time of arrest, the
arresting officer shall give notice | ||||||
16 | as provided in this Section or by deposit
in the United States | ||||||
17 | mail of this notice in an envelope with postage prepaid
and | ||||||
18 | addressed to the person at his or her address as shown on the | ||||||
19 | uniform citation and the suspension shall be effective on the | ||||||
20 | 46th day following the date
notice was given. | ||||||
21 | Upon receipt of the sworn report of a law enforcement | ||||||
22 | officer, the Secretary of State
shall also give notice of the | ||||||
23 | suspension and disqualification to the person by mailing a | ||||||
24 | notice of
the effective date of the suspension and | ||||||
25 | disqualification to the person. However, should the
sworn | ||||||
26 | report be defective by not containing sufficient information or |
| |||||||
| |||||||
1 | be
completed in error, the notice of the suspension and | ||||||
2 | disqualification shall not be mailed to the
person or entered | ||||||
3 | to the driving record, but rather the sworn report shall be
| ||||||
4 | returned to the issuing law enforcement agency. | ||||||
5 | (e) A person may contest this suspension of his or her
| ||||||
6 | driving privileges and disqualification of his or her CDL | ||||||
7 | privileges by
requesting an administrative hearing with the | ||||||
8 | Secretary of State in accordance with
Section 2-118 of the | ||||||
9 | Illinois Vehicle Code. At the conclusion of a hearing held | ||||||
10 | under
Section 2-118 of the Illinois Vehicle Code, the Secretary | ||||||
11 | of State may rescind, continue, or modify the
orders
of | ||||||
12 | suspension and disqualification. If the Secretary of State does | ||||||
13 | not rescind the orders of suspension and disqualification, a | ||||||
14 | restricted
driving permit may be granted by the Secretary of | ||||||
15 | State upon application being made and
good cause shown. A | ||||||
16 | restricted driving permit may be granted to relieve undue
| ||||||
17 | hardship to allow driving for employment, educational, and | ||||||
18 | medical purposes as
outlined in Section 6-206 of the Illinois | ||||||
19 | Vehicle Code. The provisions of Section 6-206 of
the Illinois | ||||||
20 | Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the | ||||||
21 | Secretary of State may not issue a restricted driving permit | ||||||
22 | for the operation of a commercial motor vehicle to a person | ||||||
23 | holding a CDL whose driving privileges have been suspended, | ||||||
24 | revoked, cancelled, or disqualified. | ||||||
25 | (f) For the purposes of this Section, a personal injury | ||||||
26 | shall include
any type A injury as indicated on the accident |
| |||||||
| |||||||
1 | report completed
by a law enforcement officer that requires | ||||||
2 | immediate professional attention
in a doctor's office or a | ||||||
3 | medical facility. A type A injury shall
include severely | ||||||
4 | bleeding wounds, distorted extremities, and injuries that
| ||||||
5 | require the injured party to be carried from the scene.
| ||||||
6 | (Source: P.A. 98-103, eff. 1-1-14.)
| ||||||
7 | Section 20. The Code of Criminal Procedure of 1963 is | ||||||
8 | amended by changing Section 115-15 as follows:
| ||||||
9 | (725 ILCS 5/115-15)
| ||||||
10 | Sec. 115-15. Laboratory reports.
| ||||||
11 | (a) In any criminal prosecution for a violation of
the | ||||||
12 | Cannabis
Control Act, the Illinois Controlled Substances Act, | ||||||
13 | or the Methamphetamine Control and Community Protection Act, a | ||||||
14 | laboratory report
from the Department of State Police, Division | ||||||
15 | of Forensic Services, that is
signed and sworn to by the person | ||||||
16 | performing an
analysis and that states (1) that the substance | ||||||
17 | that is the basis of the
alleged
violation
has been weighed and | ||||||
18 | analyzed, and (2) the person's findings as to the
contents, | ||||||
19 | weight and identity of the substance, and (3) that it contains | ||||||
20 | any
amount of a controlled substance or cannabis is prima facie | ||||||
21 | evidence of the
contents, identity and weight of the substance. | ||||||
22 | Attached to the report
shall be a copy of a notarized statement | ||||||
23 | by the signer of the report giving
the name of the signer and | ||||||
24 | stating (i) that he or she is an employee of the
Department of |
| |||||||
| |||||||
1 | State Police, Division of Forensic Services,
(ii) the name and | ||||||
2 | location of the laboratory where the analysis was
performed, | ||||||
3 | (iii) that performing the analysis is a part of his or her | ||||||
4 | regular
duties, and (iv) that the signer is qualified by | ||||||
5 | education, training and
experience to perform the analysis. The | ||||||
6 | signer shall also allege that
scientifically accepted tests | ||||||
7 | were performed with due caution and that the
evidence was | ||||||
8 | handled in accordance with established and accepted procedures
| ||||||
9 | while in the custody of the laboratory.
| ||||||
10 | (a-5) In any criminal prosecution for reckless homicide | ||||||
11 | under Section 9-3
of the
Criminal Code of
1961 or the Criminal | ||||||
12 | Code of 2012, or driving under the influence of alcohol, other | ||||||
13 | drug, or combination of
both, in
violation of Section
11-501 of | ||||||
14 | the Illinois Vehicle Code or in any civil action held under a
| ||||||
15 | statutory summary
suspension or revocation hearing under | ||||||
16 | Section 2-118.1 of the Illinois Vehicle Code, a
laboratory | ||||||
17 | report from the
Department of State Police, Division of | ||||||
18 | Forensic Services, that is signed and
sworn to by the person
| ||||||
19 | performing an analysis, and that states
that the sample of | ||||||
20 | blood , other bodily substance, or urine was tested for alcohol | ||||||
21 | or
drugs, and
contains the person's findings as to the presence | ||||||
22 | and amount
of
alcohol or
drugs and type of drug is prima facie | ||||||
23 | evidence of
the presence, content, and amount of the alcohol or | ||||||
24 | drugs analyzed in
the blood , other bodily substance, or urine. | ||||||
25 | Attached to the report must be a copy of a notarized
statement | ||||||
26 | by the
signer of the report giving the name of the signer and |
| |||||||
| |||||||
1 | stating (1) that he or
she is an employee
of the Department of | ||||||
2 | State Police, Division of Forensic Services, (2) the name
and | ||||||
3 | location
of the laboratory where the analysis was performed, | ||||||
4 | (3) that performing the
analysis is a part
of his or her | ||||||
5 | regular duties, (4) that the signer is qualified by
education, | ||||||
6 | training, and
experience to perform the analysis, and (5) that
| ||||||
7 | scientifically accepted
tests were performed with due caution | ||||||
8 | and that the evidence was handled in
accordance with
| ||||||
9 | established and accepted procedures while in the custody of the | ||||||
10 | laboratory.
| ||||||
11 | (b) The State's Attorney shall serve a copy of the report | ||||||
12 | on the
attorney of record for the accused, or on the accused if | ||||||
13 | he or she has no
attorney, before any proceeding in which the | ||||||
14 | report is to be used against
the accused other than at a | ||||||
15 | preliminary hearing or grand jury hearing when
the report may | ||||||
16 | be used without having been previously served upon the accused.
| ||||||
17 | (c) The report shall not be prima facie evidence if the
| ||||||
18 | accused or his or her attorney
demands the testimony of the | ||||||
19 | person signing the report by serving the
demand upon the | ||||||
20 | State's Attorney within 7 days from the accused or his or her
| ||||||
21 | attorney's receipt of the report.
| ||||||
22 | (Source: P.A. 96-1344, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
23 | Section 25. The Unified Code of Corrections is amended by | ||||||
24 | changing Section 5-9-1.9 as follows:
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-9-1.9)
| ||||||
2 | Sec. 5-9-1.9. DUI analysis fee.
| ||||||
3 | (a) "Crime laboratory" means a not-for-profit laboratory | ||||||
4 | substantially
funded by a single unit or combination of units | ||||||
5 | of local government or the
State of
Illinois that regularly | ||||||
6 | employs at least one person engaged in the DUI
analysis of | ||||||
7 | blood , other bodily substance, and urine for criminal justice | ||||||
8 | agencies in criminal matters
and provides testimony with | ||||||
9 | respect to such examinations.
| ||||||
10 | "DUI analysis" means an analysis of blood , other bodily | ||||||
11 | substance, or urine for purposes of
determining whether a | ||||||
12 | violation of Section 11-501 of the Illinois Vehicle Code
has | ||||||
13 | occurred.
| ||||||
14 | (b) When a person has been adjudged guilty of an offense in | ||||||
15 | violation of
Section 11-501 of the Illinois Vehicle Code, in | ||||||
16 | addition to any other
disposition, penalty, or fine imposed, a | ||||||
17 | crime laboratory DUI analysis fee of
$150 for each offense for | ||||||
18 | which the person was convicted shall be levied by the
court for | ||||||
19 | each case in which a laboratory analysis occurred. Upon | ||||||
20 | verified
petition of the person, the court may suspend payment | ||||||
21 | of all or part of the fee
if it finds that the person does not | ||||||
22 | have the ability to pay the fee.
| ||||||
23 | (c) In addition to any other disposition made under the | ||||||
24 | provisions of
the Juvenile Court Act of 1987, any minor | ||||||
25 | adjudicated delinquent for an offense
which if committed by an | ||||||
26 | adult would constitute a violation of Section 11-501
of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code shall be assessed a crime laboratory DUI | ||||||
2 | analysis
fee of $150 for each adjudication. Upon verified | ||||||
3 | petition of the minor, the
court may suspend payment of all or | ||||||
4 | part of the fee if it finds
that the minor does not have the | ||||||
5 | ability to pay the fee. The parent, guardian,
or legal | ||||||
6 | custodian of the minor may pay some or all of the fee on the | ||||||
7 | minor's
behalf.
| ||||||
8 | (d) All crime laboratory DUI analysis fees provided for by | ||||||
9 | this Section
shall
be collected by the clerk of the court and | ||||||
10 | forwarded to the appropriate crime
laboratory DUI fund as | ||||||
11 | provided in subsection (f).
| ||||||
12 | (e) Crime laboratory funds shall be established as follows:
| ||||||
13 | (1) A unit of local government that maintains a crime | ||||||
14 | laboratory may
establish a crime laboratory DUI fund within | ||||||
15 | the office of the county or
municipal treasurer.
| ||||||
16 | (2) Any combination of units of local government that | ||||||
17 | maintains a crime
laboratory may establish a crime | ||||||
18 | laboratory DUI fund within the office of the
treasurer of | ||||||
19 | the county where the crime laboratory is situated.
| ||||||
20 | (3) The State Police DUI Fund is created as a
special | ||||||
21 | fund in
the State Treasury.
| ||||||
22 | (f) The analysis fee provided for in subsections (b) and | ||||||
23 | (c) of this Section
shall be forwarded to the office of the | ||||||
24 | treasurer of the unit of local
government that performed the | ||||||
25 | analysis if that unit of local government has
established a | ||||||
26 | crime laboratory DUI fund, or to the State Treasurer for |
| |||||||
| |||||||
1 | deposit
into the State Police DUI Fund if the analysis was
| ||||||
2 | performed by a
laboratory operated by the Department of State | ||||||
3 | Police. If the analysis was
performed by a crime laboratory | ||||||
4 | funded by a combination of units of local
government, the | ||||||
5 | analysis fee shall be forwarded to the treasurer of the county
| ||||||
6 | where the crime laboratory is situated if a crime laboratory | ||||||
7 | DUI fund has been
established in that county. If the unit of | ||||||
8 | local government or combination of
units of local government | ||||||
9 | has not established a crime laboratory DUI fund, then
the | ||||||
10 | analysis fee shall be forwarded to the State Treasurer for | ||||||
11 | deposit into
the State Police DUI Fund. The clerk of the | ||||||
12 | circuit
court may retain
the
amount of $10 from each collected | ||||||
13 | analysis fee to offset administrative costs
incurred in | ||||||
14 | carrying out the clerk's responsibilities under this Section.
| ||||||
15 | (g) Fees deposited into a crime laboratory DUI fund created | ||||||
16 | under
paragraphs (1) and (2) of subsection (e) of this Section | ||||||
17 | shall be in addition
to any allocations made pursuant to | ||||||
18 | existing law and shall be designated for
the exclusive use of | ||||||
19 | the crime laboratory. These uses may include, but are not
| ||||||
20 | limited to, the following:
| ||||||
21 | (1) Costs incurred in providing analysis for DUI | ||||||
22 | investigations conducted
within this State.
| ||||||
23 | (2) Purchase and maintenance of equipment for use in | ||||||
24 | performing analyses.
| ||||||
25 | (3) Continuing education, training, and professional | ||||||
26 | development of
forensic scientists regularly employed by |
| |||||||
| |||||||
1 | these laboratories.
| ||||||
2 | (h) Fees deposited in the State Police DUI Fund
created | ||||||
3 | under
paragraph (3) of subsection (e) of this Section shall be | ||||||
4 | used by
State crime laboratories as designated by the Director | ||||||
5 | of State Police. These
funds shall be in addition to any | ||||||
6 | allocations made according to existing law
and shall be | ||||||
7 | designated for the exclusive use of State crime laboratories.
| ||||||
8 | These uses may include those enumerated in subsection (g) of | ||||||
9 | this Section.
| ||||||
10 | (Source: P.A. 91-822, eff. 6-13-00.)
|