Bill Text: IL SB3028 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Nursing Home Care Act. Provides that if an emergency transfer or discharge is ordered by a resident's attending physician because of a resident's physical or mental health needs (rather than a resident's health needs), then a facility is not required to provide a minimum written notice of 21 days and is also not required to have a discussion regarding the transfer with the resident and certain other parties. Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Passed) 2015-01-12 - Public Act . . . . . . . . . 98-1172 [SB3028 Detail]
Download: Illinois-2013-SB3028-Enrolled.html
Bill Title: Amends the Nursing Home Care Act. Provides that if an emergency transfer or discharge is ordered by a resident's attending physician because of a resident's physical or mental health needs (rather than a resident's health needs), then a facility is not required to provide a minimum written notice of 21 days and is also not required to have a discussion regarding the transfer with the resident and certain other parties. Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Passed) 2015-01-12 - Public Act . . . . . . . . . 98-1172 [SB3028 Detail]
Download: Illinois-2013-SB3028-Enrolled.html
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1 | AN ACT concerning regulation.
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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 Compassionate Use of Medical Cannabis Pilot | ||||||
5 | Program Act is amended by changing Sections 15, 35, 65, 95, | ||||||
6 | 105, 110, 115, 120, 140, 145, 150, 165, 175, and 185 as | ||||||
7 | follows:
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8 | (410 ILCS 130/15) | ||||||
9 | (Section scheduled to be repealed on January 1, 2018)
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10 | Sec. 15. Authority.
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11 | (a) It is the duty of the Department of Public Health to | ||||||
12 | enforce the following provisions of this Act unless otherwise | ||||||
13 | provided for by this Act: | ||||||
14 | (1) establish and maintain a confidential registry of | ||||||
15 | qualifying patients authorized to engage in the medical use | ||||||
16 | of cannabis and their caregivers;
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17 | (2) distribute educational materials about the health | ||||||
18 | risks associated with the abuse of cannabis and | ||||||
19 | prescription medications;
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20 | (3) adopt rules to administer the patient and caregiver | ||||||
21 | registration program; and
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22 | (4) adopt rules establishing food handling | ||||||
23 | requirements for cannabis-infused products that are |
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1 | prepared for human consumption.
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2 | (b) It is the duty of the Department of Agriculture to | ||||||
3 | enforce the provisions of this Act relating to the registration | ||||||
4 | and oversight of cultivation centers unless otherwise provided | ||||||
5 | for in this Act.
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6 | (c) It is the duty of the Department of Financial and | ||||||
7 | Professional Regulation to enforce the provisions of this Act | ||||||
8 | relating to the registration and oversight of dispensing | ||||||
9 | organizations unless otherwise provided for in this Act.
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10 | (d) The Department of Public Health, the Department of | ||||||
11 | Agriculture, or the Department of Financial and Professional | ||||||
12 | Regulation shall enter into intergovernmental agreements, as | ||||||
13 | necessary, to carry out the provisions of this Act including, | ||||||
14 | but not limited to, the provisions relating to the registration | ||||||
15 | and oversight of cultivation centers, dispensing | ||||||
16 | organizations, and qualifying patients and caregivers.
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17 | (e) The Department of Public Health, Department of | ||||||
18 | Agriculture, or the Department of Financial and Professional | ||||||
19 | Regulation may suspend , or revoke , or impose other penalties | ||||||
20 | upon a registration for violations of this Act and any rules | ||||||
21 | adopted in accordance thereto. The suspension or revocation of , | ||||||
22 | or imposition of any other penalty upon, a registration is a | ||||||
23 | final Agency action, subject to judicial review. Jurisdiction | ||||||
24 | and venue for judicial review are vested in the Circuit Court.
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25 | (Source: P.A. 98-122, eff. 1-1-14.)
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1 | (410 ILCS 130/35) | ||||||
2 | (Section scheduled to be repealed on January 1, 2018)
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3 | Sec. 35. Physician requirements.
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4 | (a) A physician who certifies a debilitating medical | ||||||
5 | condition for a qualifying patient shall comply with all of the | ||||||
6 | following requirements:
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7 | (1) The Physician shall be currently licensed under the | ||||||
8 | Medical Practice Act of 1987 to practice medicine in all | ||||||
9 | its branches and in good standing, and must hold a | ||||||
10 | controlled substances license under Article III of the | ||||||
11 | Illinois Controlled Substances Act.
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12 | (2) A physician making a medical cannabis | ||||||
13 | recommendation shall comply with generally accepted | ||||||
14 | standards of medical practice, the provisions of the | ||||||
15 | Medical Practice Act of 1987 and all applicable rules.
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16 | (3) The physical examination required by this Act may | ||||||
17 | not be performed by remote means, including telemedicine.
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18 | (4) The physician shall maintain a record-keeping | ||||||
19 | system for all patients for whom the physician has | ||||||
20 | recommended the medical use of cannabis. These records | ||||||
21 | shall be accessible to and subject to review by the | ||||||
22 | Department of Public Health and the Department of Financial | ||||||
23 | and Professional Regulation upon request.
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24 | (b) A physician may not:
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25 | (1) accept, solicit, or offer any form of remuneration | ||||||
26 | from or to a qualifying patient, primary caregiver, |
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1 | cultivation center, or dispensing organization, including | ||||||
2 | each principal officer, board member, agent, and employee , | ||||||
3 | to certify a patient, other than accepting payment from a | ||||||
4 | patient for the fee associated with the required | ||||||
5 | examination required prior to certifying a qualifying | ||||||
6 | patient ; | ||||||
7 | (2) offer a discount of any other item of value to a | ||||||
8 | qualifying patient who uses or agrees to use a particular | ||||||
9 | primary caregiver or dispensing organization to obtain | ||||||
10 | medical cannabis;
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11 | (3) conduct a personal physical examination of a | ||||||
12 | patient for purposes of diagnosing a debilitating medical | ||||||
13 | condition at a location where medical cannabis is sold or | ||||||
14 | distributed or at the address of a principal officer, | ||||||
15 | agent, or employee or a medical cannabis organization;
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16 | (4) hold a direct or indirect economic interest in a | ||||||
17 | cultivation center or dispensing organization if he or she | ||||||
18 | recommends the use of medical cannabis to qualified | ||||||
19 | patients or is in a partnership or other fee or | ||||||
20 | profit-sharing relationship with a physician who | ||||||
21 | recommends medical cannabis , except for the limited | ||||||
22 | purpose of performing a medical cannabis related research | ||||||
23 | study ;
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24 | (5) serve on the board of directors or as an employee | ||||||
25 | of a cultivation center or dispensing organization;
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26 | (6) refer patients to a cultivation center, a |
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1 | dispensing organization, or a registered designated | ||||||
2 | caregiver;
or | ||||||
3 | (7) advertise in a cultivation center or a dispensing | ||||||
4 | organization.
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5 | (c) The Department of Public Health may with reasonable | ||||||
6 | cause refer a physician, who has certified a debilitating | ||||||
7 | medical condition of a patient, to the Illinois Department of | ||||||
8 | Financial and Professional Regulation for potential violations | ||||||
9 | of this Section.
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10 | (d) Any violation of this Section or any other provision of | ||||||
11 | this Act or rules adopted under this Act is a violation of the | ||||||
12 | Medical Practice Act of 1987.
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13 | (Source: P.A. 98-122, eff. 1-1-14.)
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14 | (410 ILCS 130/65) | ||||||
15 | (Section scheduled to be repealed on January 1, 2018)
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16 | Sec. 65. Denial of registry identification cards. | ||||||
17 | (a) The Department of Public Health may deny an application | ||||||
18 | or renewal of a qualifying patient's registry identification | ||||||
19 | card only if the applicant:
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20 | (1) did not provide the required information and | ||||||
21 | materials;
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22 | (2) previously had a registry identification card | ||||||
23 | revoked;
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24 | (3) did not meet the requirements of this Act; or
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25 | (4) provided false or falsified information.
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1 | (b) No person who has been convicted of a felony under the | ||||||
2 | Illinois Controlled Substances Act, Cannabis Control Act, or | ||||||
3 | Methamphetamine Control and Community Protection Act, or | ||||||
4 | similar provision in a local ordinance or other jurisdiction is | ||||||
5 | eligible to receive a registry identification card.
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6 | (c) The Department of Public Health may deny an application | ||||||
7 | or renewal for a designated caregiver chosen by a qualifying | ||||||
8 | patient whose registry identification card was granted only if:
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9 | (1) the designated caregiver does not meet the | ||||||
10 | requirements of subsection (i) of Section 10;
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11 | (2) the applicant did not provide the information | ||||||
12 | required;
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13 | (3) the prospective patient's application was denied;
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14 | (4) the designated caregiver previously had a registry | ||||||
15 | identification card revoked; or
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16 | (5) the applicant or the designated caregiver provided | ||||||
17 | false or falsified information.
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18 | (d) The Department of Public Health through the Department | ||||||
19 | of State Police shall conduct a background check of the | ||||||
20 | prospective qualifying patient and designated caregiver in | ||||||
21 | order to carry out this Section. The Department of State Police | ||||||
22 | shall charge a fee for conducting the criminal history record | ||||||
23 | check, which shall be deposited in the State Police Services | ||||||
24 | Fund and shall not exceed the actual cost of the record check. | ||||||
25 | Each person applying as a qualifying patient or a designated | ||||||
26 | caregiver shall submit a full set of fingerprints to the |
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1 | Department of State Police for the purpose of obtaining a State | ||||||
2 | and federal criminal records check. These fingerprints shall be | ||||||
3 | checked against the fingerprint records now and hereafter, to | ||||||
4 | the extent allowed by law, filed in the Department of State | ||||||
5 | Police and Federal Bureau of Investigation criminal history | ||||||
6 | records databases. The Department of State Police shall | ||||||
7 | furnish, following positive identification, all Illinois | ||||||
8 | conviction information to the Department of Public Health. The | ||||||
9 | Department of Public Health may waive the submission of a | ||||||
10 | qualifying patient's complete fingerprints based on (1) the | ||||||
11 | severity of the patient's illness and (2) the inability of the | ||||||
12 | qualifying patient to supply those fingerprints, provided that | ||||||
13 | a complete criminal background check is conducted by the | ||||||
14 | Department of State Police prior to the issuance of a registry | ||||||
15 | identification card. The Department of Public Health through | ||||||
16 | the Illinois State Police shall conduct a background check of | ||||||
17 | the prospective qualifying patient and designated caregiver in | ||||||
18 | order to carry out this provision. The Department of State | ||||||
19 | Police shall be reimbursed for the cost of the background check | ||||||
20 | by the Department of Public Health. Each person applying as a | ||||||
21 | qualifying patient or a designated caregiver shall submit a | ||||||
22 | full set of fingerprints to the Department of Public Health for | ||||||
23 | the purpose of obtaining a state and federal criminal records | ||||||
24 | check. The Department of Public Health may exchange this data | ||||||
25 | with the Department of State Police or the Federal Bureau of | ||||||
26 | Investigation without disclosing that the records check is |
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1 | related to this Act. The Department of Public Health shall | ||||||
2 | destroy each set of fingerprints after the criminal records | ||||||
3 | check is completed.
The Department of Public Health may waive | ||||||
4 | the submission of a qualifying patient's complete fingerprints | ||||||
5 | based on (1) the severity of the patient's illness and (2) the | ||||||
6 | inability of the qualifying patient to obtain those | ||||||
7 | fingerprints, provided that a complete criminal background | ||||||
8 | check is conducted by the Department of State Police prior to | ||||||
9 | the issuance of a registry identification card. | ||||||
10 | (e) The Department of Public Health shall notify the | ||||||
11 | qualifying patient who has designated someone to serve as his | ||||||
12 | or her designated caregiver if a registry identification card | ||||||
13 | will not be issued to the designated caregiver.
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14 | (f) Denial of an application or renewal is considered a | ||||||
15 | final Department action, subject to judicial review. | ||||||
16 | Jurisdiction and venue for judicial review are vested in the | ||||||
17 | Circuit Court.
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18 | (Source: P.A. 98-122, eff. 1-1-14.)
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19 | (410 ILCS 130/95) | ||||||
20 | (Section scheduled to be repealed on January 1, 2018)
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21 | Sec. 95. Background checks. | ||||||
22 | (a) The Department of Agriculture through the Department of | ||||||
23 | State Police shall conduct a background check of the | ||||||
24 | prospective cultivation center agents. The Department of State | ||||||
25 | Police shall charge a fee for conducting the criminal history |
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1 | record check, which shall be deposited in the State Police | ||||||
2 | Services Fund and shall not exceed the actual cost of the | ||||||
3 | record check. In order to carry out this provision, each person | ||||||
4 | applying as a cultivation center agent shall submit a full set | ||||||
5 | of fingerprints to the Department of State Police for the | ||||||
6 | purpose of obtaining a State and federal criminal records | ||||||
7 | check. These fingerprints shall be checked against the | ||||||
8 | fingerprint records now and hereafter, to the extent allowed by | ||||||
9 | law, filed in the Department of State Police and Federal Bureau | ||||||
10 | of Investigation criminal history records databases. The | ||||||
11 | Department of State Police shall furnish, following positive | ||||||
12 | identification, all Illinois conviction information to the | ||||||
13 | Department of Agriculture. The Department of Agriculture | ||||||
14 | through the Department of State Police shall conduct a | ||||||
15 | background check of the prospective cultivation center agents. | ||||||
16 | The Department of State Police shall be reimbursed for the cost | ||||||
17 | of the background check by the Department of Agriculture. In | ||||||
18 | order to carry out this provision, each person applying as a | ||||||
19 | cultivation center agent shall submit a full set of | ||||||
20 | fingerprints to the Department of Agriculture for the purpose | ||||||
21 | of obtaining a State and federal criminal records check. The | ||||||
22 | Department of Agriculture may exchange this data with the | ||||||
23 | Department of State Police and the Federal Bureau of | ||||||
24 | Investigation without disclosing that the records check is | ||||||
25 | related to this Act. The Department of Agriculture shall | ||||||
26 | destroy each set of fingerprints after the criminal records |
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1 | check is complete.
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2 | (b) When applying for the initial permit, the background | ||||||
3 | checks for the principal officer, board members, and registered | ||||||
4 | agents shall be completed prior to submitting the application | ||||||
5 | to the Department of Agriculture.
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6 | (Source: P.A. 98-122, eff. 1-1-14.)
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7 | (410 ILCS 130/105) | ||||||
8 | (Section scheduled to be repealed on January 1, 2018)
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9 | Sec. 105. Requirements; prohibitions; penalties for | ||||||
10 | cultivation centers. | ||||||
11 | (a) The operating documents of a registered cultivation | ||||||
12 | center shall include procedures for the oversight of the | ||||||
13 | cultivation center, a cannabis plant monitoring system | ||||||
14 | including a physical inventory recorded weekly, a cannabis | ||||||
15 | container system including a physical inventory recorded | ||||||
16 | weekly, accurate record keeping, and a staffing plan.
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17 | (b) A registered cultivation center shall implement a | ||||||
18 | security plan reviewed by the State Police and including but | ||||||
19 | not limited to: facility access controls, perimeter intrusion | ||||||
20 | detection systems, personnel identification systems, 24-hour | ||||||
21 | surveillance system to monitor the interior and exterior of the | ||||||
22 | registered cultivation center facility and accessible to | ||||||
23 | authorized law enforcement and the Department of Agriculture | ||||||
24 | Financial and Professional Regulation in real-time.
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25 | (c) A registered cultivation center may not be located |
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1 | within 2,500 feet of the property line of a pre-existing public | ||||||
2 | or private preschool or elementary or secondary school or day | ||||||
3 | care center, day care home, group day care home, part day child | ||||||
4 | care facility, or an area zoned for residential use. | ||||||
5 | (d) All cultivation of cannabis for distribution to a | ||||||
6 | registered dispensing organization must take place in an | ||||||
7 | enclosed, locked facility as it applies to cultivation centers | ||||||
8 | at the physical address provided to the Department of | ||||||
9 | Agriculture during the registration process. The cultivation | ||||||
10 | center location shall only be accessed by the cultivation | ||||||
11 | center agents working for the registered cultivation center, | ||||||
12 | Department of Agriculture staff performing inspections, | ||||||
13 | Department of Public Health staff performing inspections, law | ||||||
14 | enforcement or other emergency personnel, and contractors | ||||||
15 | working on jobs unrelated to medical cannabis, such as | ||||||
16 | installing or maintaining security devices or performing | ||||||
17 | electrical wiring.
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18 | (e) A cultivation center may not sell or distribute any | ||||||
19 | cannabis to any individual or entity other than a dispensary | ||||||
20 | organization registered under this Act.
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21 | (f) All harvested cannabis intended for distribution to a | ||||||
22 | dispensing organization must be packaged in a labeled medical | ||||||
23 | cannabis container and entered into a data collection system.
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24 | (g) No person who has been convicted of an excluded offense | ||||||
25 | may be a cultivation center agent.
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26 | (h) Registered cultivation centers are subject to random |
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1 | inspection by the State Police.
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2 | (i) Registered cultivation centers are subject to random | ||||||
3 | inspections by the Department of Agriculture and the Department | ||||||
4 | of Public Health.
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5 | (j) A cultivation center agent shall notify local law | ||||||
6 | enforcement, the State Police, and the Department of | ||||||
7 | Agriculture within 24 hours of the discovery of any loss or | ||||||
8 | theft. Notification shall be made by phone or in-person, or by | ||||||
9 | written or electronic communication.
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10 | (k) A cultivation center shall comply with all State and | ||||||
11 | federal rules and regulations regarding the use of pesticides.
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12 | (Source: P.A. 98-122, eff. 1-1-14.)
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13 | (410 ILCS 130/110) | ||||||
14 | (Section scheduled to be repealed on January 1, 2018)
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15 | Sec. 110. Suspension ; revocation ; other penalties for | ||||||
16 | cultivation centers and agents of a registration . | ||||||
17 | Notwithstanding any other criminal penalties related to | ||||||
18 | the unlawful possession of cannabis, the Department of | ||||||
19 | Agriculture may revoke, suspend, place on probation, | ||||||
20 | reprimand, issue cease and desist orders, refuse to issue or | ||||||
21 | renew a registration, or take any other disciplinary or | ||||||
22 | non-disciplinary action as the Department of Agriculture may | ||||||
23 | deem proper with regard to a registered cultivation center or | ||||||
24 | cultivation center agent, including imposing fines not to | ||||||
25 | exceed $50,000 for each violation, for any violations of this |
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1 | Act and rules adopted under this Act. The procedures for | ||||||
2 | disciplining a registered cultivation center or cultivation | ||||||
3 | center agent and for administrative hearings shall be | ||||||
4 | determined by rule. All final administrative decisions of the | ||||||
5 | Department of Agriculture are subject to judicial review under | ||||||
6 | the Administrative Review Law and its rules. The term | ||||||
7 | "administrative decision" is defined as in Section 3-101 of the | ||||||
8 | Code of Civil Procedure. (a) The Department of Agriculture may | ||||||
9 | suspend or revoke a registration for violations of this Act and | ||||||
10 | rules issued in accordance with this Section.
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11 | (b) The suspension or revocation of a certificate is a | ||||||
12 | final Department of Agriculture action, subject to judicial | ||||||
13 | review. Jurisdiction and venue for judicial review are vested | ||||||
14 | in the Circuit Court.
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15 | (Source: P.A. 98-122, eff. 1-1-14.)
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16 | (410 ILCS 130/115) | ||||||
17 | (Section scheduled to be repealed on January 1, 2018)
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18 | Sec. 115. Registration of dispensing organizations. | ||||||
19 | (a) The Department of Financial and Professional | ||||||
20 | Regulation may issue up to 60 dispensing organization | ||||||
21 | registrations for operation. The Department of Financial and | ||||||
22 | Professional Regulation may not issue less than the 60 | ||||||
23 | registrations if there are qualified applicants who have | ||||||
24 | applied with the Department of Financial and Professional | ||||||
25 | Regulation. The organizations shall be geographically |
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1 | dispersed throughout the State to allow all registered | ||||||
2 | qualifying patients reasonable proximity and access to a | ||||||
3 | dispensing organization.
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4 | (b) A dispensing organization may only operate if it has | ||||||
5 | been issued a registration from the Department of Financial and | ||||||
6 | Professional Regulation. The Department of Financial and | ||||||
7 | Professional Regulation shall adopt rules establishing the | ||||||
8 | procedures for applicants for dispensing organizations.
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9 | (c) When applying for a dispensing organization | ||||||
10 | registration, the applicant shall submit, at a minimum, the | ||||||
11 | following in accordance with Department of Financial and | ||||||
12 | Professional Regulation rules:
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13 | (1) a non-refundable application fee established by | ||||||
14 | rule;
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15 | (2) the proposed legal name of the dispensing | ||||||
16 | organization;
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17 | (3) the proposed physical address of the dispensing | ||||||
18 | organization;
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19 | (4) the name, address, and date of birth of each | ||||||
20 | principal officer and board member of the dispensing | ||||||
21 | organization, provided that all those individuals shall be | ||||||
22 | at least 21 years of age;
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23 | (5) information, in writing, regarding any instances | ||||||
24 | in which a business or not-for-profit that any of the | ||||||
25 | prospective board members managed or served on the board | ||||||
26 | was convicted, fined, censured, or had a registration |
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1 | suspended or revoked in any administrative or judicial | ||||||
2 | proceeding;
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3 | (6) proposed operating by-laws that include procedures | ||||||
4 | for the oversight of the medical cannabis dispensing | ||||||
5 | organization and procedures to ensure accurate record | ||||||
6 | keeping and security measures that are in accordance with | ||||||
7 | the rules applied by the Department of Financial and | ||||||
8 | Professional Regulation under this Act. The by-laws shall | ||||||
9 | include a description of the enclosed, locked facility | ||||||
10 | where medical cannabis will be stored by the dispensing | ||||||
11 | organization; and
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12 | (7) signed statements from each dispensing | ||||||
13 | organization agent stating that they will not divert | ||||||
14 | medical cannabis.
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15 | (d) The Department of Financial and Professional | ||||||
16 | Regulation shall conduct a background check of the prospective | ||||||
17 | dispensing organization agents in order to carry out this | ||||||
18 | Section. The Department of State Police shall charge a fee for | ||||||
19 | conducting the criminal history record check, which shall be | ||||||
20 | deposited in the State Police Services Fund and shall not | ||||||
21 | exceed the actual cost of the record check. Each person | ||||||
22 | applying as a dispensing organization agent shall submit a full | ||||||
23 | set of fingerprints to the Department of State Police for the | ||||||
24 | purpose of obtaining a State and federal criminal records | ||||||
25 | check. These fingerprints shall be checked against the | ||||||
26 | fingerprint records now and hereafter, to the extent allowed by |
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1 | law, filed in the Department of State Police and Federal Bureau | ||||||
2 | of Investigation criminal history records databases. The | ||||||
3 | Department of State Police shall furnish, following positive | ||||||
4 | identification, all Illinois conviction information to the | ||||||
5 | Department of Financial and Professional Regulation. The | ||||||
6 | Department of Financial and Professional Regulation shall | ||||||
7 | conduct a background check of the prospective dispensing | ||||||
8 | organization agents in order to carry out this provision. The | ||||||
9 | Department of State Police shall be reimbursed for the cost of | ||||||
10 | the background check by the Department of Financial and | ||||||
11 | Professional Regulation. Each person applying as a dispensing | ||||||
12 | organization agent shall submit a full set of fingerprints to | ||||||
13 | the Department of Financial and Professional Regulation for the | ||||||
14 | purpose of obtaining a state and federal criminal records | ||||||
15 | check. The Department of Financial and Professional Regulation | ||||||
16 | may exchange this data with the Department of State Police and | ||||||
17 | the Federal Bureau of Investigation without disclosing that the | ||||||
18 | records check is related to this Act. The Department of | ||||||
19 | Financial and Professional Regulation shall destroy each set of | ||||||
20 | fingerprints after the criminal records check is completed.
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21 | (e) A dispensing organization must pay a registration fee | ||||||
22 | set by the Department of Financial and Professional Regulation.
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23 | (f) An application for a medical cannabis dispensing | ||||||
24 | organization registration must be denied if any of the | ||||||
25 | following conditions are met:
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26 | (1) the applicant failed to submit the materials |
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1 | required by this Section, including if the applicant's | ||||||
2 | plans do not satisfy the security, oversight, or | ||||||
3 | recordkeeping rules issued by the Department of Financial | ||||||
4 | and Professional Regulation;
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5 | (2) the applicant would not be in compliance with local | ||||||
6 | zoning rules issued in accordance with Section 140;
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7 | (3) the applicant does not meet the requirements of | ||||||
8 | Section 130;
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9 | (4) one or more of the prospective principal officers | ||||||
10 | or board members has been convicted of an excluded offense;
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11 | (5) one or more of the prospective principal officers | ||||||
12 | or board members has served as a principal officer or board | ||||||
13 | member for a registered medical cannabis dispensing | ||||||
14 | organization that has had its registration revoked;
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15 | (6) one or more of the principal officers or board | ||||||
16 | members is under 21 years of age; and
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17 | (7) one or more of the principal officers or board | ||||||
18 | members is a registered qualified patient or a registered | ||||||
19 | caregiver.
| ||||||
20 | (Source: P.A. 98-122, eff. 1-1-14.)
| ||||||
21 | (410 ILCS 130/120) | ||||||
22 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
23 | Sec. 120. Dispensing organization agent identification | ||||||
24 | card. | ||||||
25 | (a) The Department of Financial and Professional |
| |||||||
| |||||||
1 | Regulation shall:
| ||||||
2 | (1) verify the information contained in an application | ||||||
3 | or renewal for a dispensing organization agent | ||||||
4 | identification card submitted under this Act, and approve | ||||||
5 | or deny an application or renewal, within 30 days of | ||||||
6 | receiving a completed application or renewal application | ||||||
7 | and all supporting documentation required by rule;
| ||||||
8 | (2) issue a dispensing organization agent | ||||||
9 | identification card to a qualifying agent within 15 | ||||||
10 | business days of approving the application or renewal;
| ||||||
11 | (3) enter the registry identification number of the | ||||||
12 | dispensing organization where the agent works; and
| ||||||
13 | (4) allow for an electronic application process, and | ||||||
14 | provide a confirmation by electronic or other methods that | ||||||
15 | an application has been submitted.
| ||||||
16 | (b) A dispensing agent must keep his or her identification | ||||||
17 | card visible at all times when on the property of a dispensing | ||||||
18 | organization.
| ||||||
19 | (c) The dispensing organization agent identification cards | ||||||
20 | shall contain the following:
| ||||||
21 | (1) the name of the cardholder;
| ||||||
22 | (2) the date of issuance and expiration date of the | ||||||
23 | dispensing organization agent identification cards;
| ||||||
24 | (3) a random 10 digit alphanumeric identification | ||||||
25 | number containing at least 4 numbers and at least 4 | ||||||
26 | letters; that is unique to the holder; and
|
| |||||||
| |||||||
1 | (4) a photograph of the cardholder.
| ||||||
2 | (d) The dispensing organization agent identification cards | ||||||
3 | shall be immediately returned to the dispensing organization | ||||||
4 | cultivation center upon termination of employment.
| ||||||
5 | (e) Any card lost by a dispensing organization agent shall | ||||||
6 | be reported to the Illinois State Police and the Department of | ||||||
7 | Financial and Professional Regulation Agriculture immediately | ||||||
8 | upon discovery of the loss.
| ||||||
9 | (f) An applicant shall be denied a dispensing organization | ||||||
10 | agent identification card if he or she has been convicted of an | ||||||
11 | excluded offense.
| ||||||
12 | (Source: P.A. 98-122, eff. 1-1-14.)
| ||||||
13 | (410 ILCS 130/140) | ||||||
14 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
15 | Sec. 140. Local ordinances. A unit of local government may | ||||||
16 | enact reasonable zoning ordinances or resolutions, not in | ||||||
17 | conflict with this Act or with Department of Agriculture or | ||||||
18 | Department of Financial and Professional Regulation Public | ||||||
19 | Health rules, regulating registered medical cannabis | ||||||
20 | cultivation center or medical cannabis dispensing | ||||||
21 | organizations. No unit of local government, including a home | ||||||
22 | rule unit, or school district may regulate registered medical | ||||||
23 | cannabis organizations other than as provided in this Act and | ||||||
24 | may not unreasonably prohibit the cultivation, dispensing, and | ||||||
25 | use of medical cannabis authorized by this Act. This Section is |
| |||||||
| |||||||
1 | a denial and limitation under subsection (i) of Section 6 of | ||||||
2 | Article VII of the Illinois Constitution on the concurrent | ||||||
3 | exercise by home rule units of powers and functions exercised | ||||||
4 | by the State.
| ||||||
5 | (Source: P.A. 98-122, eff. 1-1-14.)
| ||||||
6 | (410 ILCS 130/145) | ||||||
7 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
8 | Sec. 145. Confidentiality. | ||||||
9 | (a) The following information received and records kept by | ||||||
10 | the
Department of Public Health, Department of Financial and | ||||||
11 | Professional Regulation, Department of Agriculture, or | ||||||
12 | Department of State Police under their rules for purposes of | ||||||
13 | administering this Act are subject to all applicable federal | ||||||
14 | privacy laws, confidential, and exempt from the Freedom of | ||||||
15 | Information Act, and not subject to disclosure to any | ||||||
16 | individual or public or private entity, except as necessary for | ||||||
17 | authorized employees of those authorized agencies to perform | ||||||
18 | official duties under this Act and the following , except that | ||||||
19 | the information received and records kept by Department of | ||||||
20 | Public Health, Department of Agriculture, Department of | ||||||
21 | Financial and Professional Regulation, and Department of State | ||||||
22 | Police , excluding any existing or non-existing Illinois or | ||||||
23 | national criminal history record information as defined in | ||||||
24 | subsection (d), may be disclosed may disclose this information | ||||||
25 | and records to each other upon request:
|
| |||||||
| |||||||
1 | (1) Applications and renewals, their contents, and | ||||||
2 | supporting information submitted by qualifying patients | ||||||
3 | and designated caregivers, including information regarding | ||||||
4 | their designated caregivers and physicians.
| ||||||
5 | (2) Applications and renewals, their contents, and | ||||||
6 | supporting information submitted by or on behalf of | ||||||
7 | cultivation centers and dispensing organizations in | ||||||
8 | compliance with this Act, including their physical | ||||||
9 | addresses.
| ||||||
10 | (3) The individual names and other information | ||||||
11 | identifying persons to whom the Department of Public Health | ||||||
12 | has issued registry identification cards.
| ||||||
13 | (4) Any dispensing information required to be kept | ||||||
14 | under Section 135, Section 150, or Department of Public | ||||||
15 | Health, Department of Agriculture, or Department of | ||||||
16 | Financial and Professional Regulation rules shall identify | ||||||
17 | cardholders and registered cultivation centers by their | ||||||
18 | registry identification numbers and medical cannabis | ||||||
19 | dispensing organizations by their registration number and | ||||||
20 | not contain names or other personally identifying | ||||||
21 | information.
| ||||||
22 | (5) All medical records provided to the Department of | ||||||
23 | Public Health in connection with an application for a | ||||||
24 | registry card.
| ||||||
25 | (b) Nothing in this Section precludes the following:
| ||||||
26 | (1) Department of Agriculture, Department of Financial |
| |||||||
| |||||||
1 | and Professional Regulation, or Public Health employees | ||||||
2 | may notify law enforcement about falsified or fraudulent | ||||||
3 | information submitted to the Departments if the employee | ||||||
4 | who suspects that falsified or fraudulent information has | ||||||
5 | been submitted conferred with his or her supervisor and | ||||||
6 | both agree that circumstances exist that warrant | ||||||
7 | reporting.
| ||||||
8 | (2) If the employee conferred with his or her | ||||||
9 | supervisor and both agree that circumstances exist that | ||||||
10 | warrant reporting, Department of Public Health employees | ||||||
11 | may notify the Department of Financial and Professional | ||||||
12 | Regulation if there is reasonable cause to believe a | ||||||
13 | physician:
| ||||||
14 | (A) issued a written certification without a bona | ||||||
15 | fide physician-patient relationship under this Act;
| ||||||
16 | (B) issued a written certification to a person who | ||||||
17 | was not under the physician's care for the debilitating | ||||||
18 | medical condition; or
| ||||||
19 | (C) failed to abide by the acceptable and | ||||||
20 | prevailing standard of care when evaluating a | ||||||
21 | patient's medical condition.
| ||||||
22 | (3) The Department of Public Health, Department of | ||||||
23 | Agriculture, and Department of Financial and Professional | ||||||
24 | Regulation may notify State or local law enforcement about | ||||||
25 | apparent criminal violations of this Act if the employee | ||||||
26 | who suspects the offense has conferred with his or her |
| |||||||
| |||||||
1 | supervisor and both agree that circumstances exist that | ||||||
2 | warrant reporting.
| ||||||
3 | (4) Medical cannabis cultivation center agents and | ||||||
4 | medical cannabis dispensing organizations may notify the | ||||||
5 | Department of Public Health, Department of Financial and | ||||||
6 | Professional Regulation, or Department of Agriculture of a | ||||||
7 | suspected violation or attempted violation of this Act or | ||||||
8 | the rules issued under it.
| ||||||
9 | (5) Each Department may verify registry identification | ||||||
10 | cards under Section 150.
| ||||||
11 | (6) The submission of the report to the General | ||||||
12 | Assembly under Section 160.
| ||||||
13 | (c) It is a Class B misdemeanor with a $1,000 fine for any | ||||||
14 | person, including an employee or official of the Department of | ||||||
15 | Public Health, Department of Financial and Professional | ||||||
16 | Regulation, or Department of Agriculture or another State | ||||||
17 | agency or local government, to breach the confidentiality of | ||||||
18 | information obtained under this Act.
| ||||||
19 | (d) The Department of Public Health, the Department of | ||||||
20 | Agriculture, the Department of State Police, and the Department | ||||||
21 | of Financial and Professional Regulation shall not share or | ||||||
22 | disclose any existing or non-existing Illinois or national | ||||||
23 | criminal history record information. For the purposes of this | ||||||
24 | Section, "any existing or non-existing Illinois or national | ||||||
25 | criminal history record information" means any Illinois or | ||||||
26 | national criminal history record information, including but |
| |||||||
| |||||||
1 | not limited to the lack of or non-existence of these records. | ||||||
2 | (Source: P.A. 98-122, eff. 1-1-14.)
| ||||||
3 | (410 ILCS 130/150) | ||||||
4 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
5 | Sec. 150. Registry identification and registration | ||||||
6 | certificate verification. | ||||||
7 | (a) The Department of Public Health shall maintain a | ||||||
8 | confidential list of the persons to whom the Department of | ||||||
9 | Public Health has issued registry identification cards and | ||||||
10 | their addresses, phone numbers, and registry identification | ||||||
11 | numbers. This confidential list may not be combined or linked | ||||||
12 | in any manner with any other list or database except as | ||||||
13 | provided in this Section.
| ||||||
14 | (b) Within 180 days of the effective date of this Act, the | ||||||
15 | Department of Public Health, Department of Financial and | ||||||
16 | Professional Regulation, and Department of Agriculture shall | ||||||
17 | together establish a computerized database or verification | ||||||
18 | system. The database or verification system must allow law | ||||||
19 | enforcement personnel and medical cannabis dispensary | ||||||
20 | organization agents to determine whether or not the | ||||||
21 | identification number corresponds with a current, valid | ||||||
22 | registry identification card. The system shall only disclose | ||||||
23 | whether the identification card is valid, whether the | ||||||
24 | cardholder is a registered qualifying patient or a registered | ||||||
25 | designated caregiver, the registry identification number of |
| |||||||
| |||||||
1 | the registered medical cannabis dispensing organization | ||||||
2 | designated to serve the registered qualifying patient who holds | ||||||
3 | the card, and the registry identification number of the patient | ||||||
4 | who is assisted by a registered designated caregiver who holds | ||||||
5 | the card. The Department of Public Health, the Department of | ||||||
6 | Agriculture, the Department of State Police, and the Department | ||||||
7 | of Financial and Professional Regulation shall not share or | ||||||
8 | disclose any existing or non-existing Illinois or national | ||||||
9 | criminal history record information. Notwithstanding any other | ||||||
10 | requirements established by this subsection, the Department of | ||||||
11 | Public Health shall issue registry cards to qualifying | ||||||
12 | patients, the Department of Financial and Professional | ||||||
13 | Regulation may issue registration to medical cannabis | ||||||
14 | dispensing organizations for the period during which the | ||||||
15 | database is being established, and the Department of | ||||||
16 | Agriculture may issue registration to medical cannabis | ||||||
17 | cultivation organizations for the period during which the | ||||||
18 | database is being established.
| ||||||
19 | (c) For the purposes of this Section, "any existing or | ||||||
20 | non-existing Illinois or national criminal history record | ||||||
21 | information" means any Illinois or national criminal history | ||||||
22 | record information, including but not limited to the lack of or | ||||||
23 | non-existence of these records. | ||||||
24 | (Source: P.A. 98-122, eff. 1-1-14.)
| ||||||
25 | (410 ILCS 130/165) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
2 | Sec. 165. Administrative rulemaking. | ||||||
3 | (a) Not later than 120 days after the effective date of | ||||||
4 | this Act, the Department of Public Health, Department of | ||||||
5 | Agriculture, and the Department of Financial and Professional | ||||||
6 | Regulation shall develop rules in accordance to their | ||||||
7 | responsibilities under this Act and file those rules with the | ||||||
8 | Joint Committee on Administrative Rules.
| ||||||
9 | (b) The Department of Public Health rules shall address, | ||||||
10 | but not be limited to, the following:
| ||||||
11 | (1) fees for applications for registration as a | ||||||
12 | qualified patient or caregiver;
| ||||||
13 | (2) establishing the form and content of registration | ||||||
14 | and renewal applications submitted under this Act, | ||||||
15 | including a standard form for written certifications;
| ||||||
16 | (3) governing the manner in which it shall consider | ||||||
17 | applications for and renewals of registry identification | ||||||
18 | cards; | ||||||
19 | (4) the manufacture of medical cannabis-infused | ||||||
20 | products;
| ||||||
21 | (5) fees for the application and renewal of registry | ||||||
22 | identification cards. Fee revenue may be offset or | ||||||
23 | supplemented by private donations;
| ||||||
24 | (6) any other matters as are necessary for the fair, | ||||||
25 | impartial, stringent, and comprehensive administration of | ||||||
26 | this Act;
and |
| |||||||
| |||||||
1 | (7) reasonable rules concerning the medical use of | ||||||
2 | cannabis at a nursing care institution, hospice, assisted | ||||||
3 | living center, assisted living facility, assisted living | ||||||
4 | home, residential care institution, or adult day health | ||||||
5 | care facility. | ||||||
6 | (c) The Department of Agriculture rules shall address, but | ||||||
7 | not be limited to the following
related to registered | ||||||
8 | cultivation centers, with the goal of protecting against | ||||||
9 | diversion and theft, without imposing an undue burden on the | ||||||
10 | registered cultivation centers:
| ||||||
11 | (1) oversight requirements for registered cultivation | ||||||
12 | centers;
| ||||||
13 | (2) recordkeeping requirements for registered | ||||||
14 | cultivation centers;
| ||||||
15 | (3) security requirements for registered cultivation | ||||||
16 | centers, which shall include that each registered | ||||||
17 | cultivation center location must be protected by a fully | ||||||
18 | operational security alarm system;
| ||||||
19 | (4) rules and standards for what constitutes an | ||||||
20 | enclosed, locked facility under this Act;
| ||||||
21 | (5) procedures for suspending or revoking the | ||||||
22 | registration certificates or registry identification cards | ||||||
23 | of registered cultivation centers and their agents that | ||||||
24 | commit violations of the provisions of this Act or the | ||||||
25 | rules adopted under this Section;
| ||||||
26 | (6) rules concerning the intrastate transportation of |
| |||||||
| |||||||
1 | medical cannabis from a cultivation center to a dispensing | ||||||
2 | organization;
| ||||||
3 | (7) standards concerning the testing, quality, and | ||||||
4 | cultivation of medical cannabis;
| ||||||
5 | (8) any other matters as are necessary for the fair, | ||||||
6 | impartial, stringent, and comprehensive administration of | ||||||
7 | this Act;
| ||||||
8 | (9) application and renewal fees for cultivation | ||||||
9 | center agents; and
| ||||||
10 | (10) application, renewal, and registration fees for | ||||||
11 | cultivation centers.
| ||||||
12 | (d) The Department of Financial and Professional | ||||||
13 | Regulation rules shall address, but not be limited to the | ||||||
14 | following matters related to registered dispensing | ||||||
15 | organizations, with the goal of protecting against diversion | ||||||
16 | and theft, without imposing an undue burden on the registered | ||||||
17 | dispensing organizations or compromising the confidentiality | ||||||
18 | of cardholders:
| ||||||
19 | (1) application and renewal and registration fees for | ||||||
20 | dispensing organizations and dispensing organizations | ||||||
21 | agents;
| ||||||
22 | (2) medical cannabis dispensing agent-in-charge | ||||||
23 | oversight requirements for dispensing organizations;
| ||||||
24 | (3) recordkeeping requirements for dispensing | ||||||
25 | organizations;
| ||||||
26 | (4) security requirements for medical cannabis |
| |||||||
| |||||||
1 | dispensing organizations, which shall include that each | ||||||
2 | registered dispensing organization location must be | ||||||
3 | protected by a fully operational security alarm system;
| ||||||
4 | (5) procedures for suspending or revoking suspending | ||||||
5 | the registrations of dispensing organizations and | ||||||
6 | dispensing organization agents that commit violations of | ||||||
7 | the provisions of this Act or the rules adopted under this | ||||||
8 | Act;
| ||||||
9 | (6) application and renewal fees for dispensing | ||||||
10 | organizations; and
| ||||||
11 | (7) application and renewal fees for dispensing | ||||||
12 | organization agents.
| ||||||
13 | (e) The Department of Public Health may establish a sliding | ||||||
14 | scale of patient application and renewal fees based upon a | ||||||
15 | qualifying patient's household income. The Department of | ||||||
16 | Public health may accept donations from private sources to | ||||||
17 | reduce application and renewal fees, and registry | ||||||
18 | identification card fees shall include an additional fee set by | ||||||
19 | rule which shall be used to develop and disseminate educational | ||||||
20 | information about the health risks associated with the abuse of | ||||||
21 | cannabis and prescription medications.
| ||||||
22 | (f) During the rule-making process, each Department shall | ||||||
23 | make a good faith effort to consult with stakeholders | ||||||
24 | identified in the rule-making analysis as being impacted by the | ||||||
25 | rules, including patients or a representative of an | ||||||
26 | organization advocating on behalf of patients.
|
| |||||||
| |||||||
1 | (g) The Department of Public Health shall develop and | ||||||
2 | disseminate educational information about the health risks | ||||||
3 | associated with the abuse of cannabis and prescription | ||||||
4 | medications.
| ||||||
5 | (Source: P.A. 98-122, eff. 1-1-14.)
| ||||||
6 | (410 ILCS 130/175) | ||||||
7 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
8 | Sec. 175. Administrative hearings. | ||||||
9 | (a) Administrative hearings involving the Department of | ||||||
10 | Public Health, a qualifying patient, or a designated caregiver | ||||||
11 | shall be conducted under the Department of Public Health's | ||||||
12 | rules governing administrative hearings. | ||||||
13 | (b) Administrative hearings involving the Department of | ||||||
14 | Financial and Professional Regulation, dispensing | ||||||
15 | organizations, or dispensing organization agents shall be | ||||||
16 | conducted under the Department of Financial and Professional | ||||||
17 | Regulation's rules governing administrative hearings. | ||||||
18 | (c) Administrative hearings involving the Department of | ||||||
19 | Agriculture, registered cultivation centers, or cultivation | ||||||
20 | center agents shall be conducted under the Department of | ||||||
21 | Agriculture's rules governing administrative hearings. All | ||||||
22 | administrative hearings under this Act shall be conducted in | ||||||
23 | accordance with the Department of Public Health's rules | ||||||
24 | governing administrative hearings.
| ||||||
25 | (Source: P.A. 98-122, eff. 1-1-14.)
|
| |||||||
| |||||||
1 | (410 ILCS 130/185) | ||||||
2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
3 | Sec. 185. Suspension revocation of a registration. | ||||||
4 | (a) The Department of Agriculture , the Department of | ||||||
5 | Financial and Professional Regulation, and the Department of | ||||||
6 | Public Health may suspend or revoke a registration for | ||||||
7 | violations of this Act and rules issued in accordance with this | ||||||
8 | Section.
| ||||||
9 | (b) The suspension or revocation of a registration is a | ||||||
10 | final Department action, subject to judicial review. | ||||||
11 | Jurisdiction and venue for judicial review are vested in the | ||||||
12 | Circuit Court.
| ||||||
13 | (Source: P.A. 98-122, eff. 1-1-14.)
| ||||||
14 | Section 10. The Illinois Vehicle Code is amended by | ||||||
15 | changing Sections 2-118.1, 6-118, 6-206.1, 6-208.1, 6-514, | ||||||
16 | 11-501.1, and 11-501.2 and by adding Sections 2-118.2 and | ||||||
17 | 11-501.9 as follows:
| ||||||
18 | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
| ||||||
19 | Sec. 2-118.1. Opportunity for hearing; statutory summary | ||||||
20 | alcohol
or other drug related suspension or revocation pursuant | ||||||
21 | to Section 11-501.1. | ||||||
22 | (a) A statutory summary suspension or revocation of driving | ||||||
23 | privileges under Section
11-501.1 shall not become effective |
| |||||||
| |||||||
1 | until the person is notified in writing of
the impending | ||||||
2 | suspension or revocation and informed that he may request a | ||||||
3 | hearing in the
circuit court of venue under paragraph (b) of | ||||||
4 | this Section and the statutory
summary suspension or revocation | ||||||
5 | shall become effective as provided in Section 11-501.1. | ||||||
6 | (b) Within 90 days after the notice of statutory summary
| ||||||
7 | suspension or revocation served under Section
11-501.1, the | ||||||
8 | person may make a written request for a judicial hearing in
the | ||||||
9 | circuit court of venue. The request to the circuit court shall | ||||||
10 | state
the grounds upon which the person seeks to have the | ||||||
11 | statutory summary
suspension or revocation rescinded. Within | ||||||
12 | 30 days after receipt of the written request
or the first | ||||||
13 | appearance date on the Uniform Traffic Ticket issued pursuant
| ||||||
14 | to a violation of Section 11-501, or a similar provision of a | ||||||
15 | local
ordinance, the hearing shall be conducted by the circuit | ||||||
16 | court having
jurisdiction. This judicial hearing, request, or | ||||||
17 | process shall not stay or
delay the statutory summary | ||||||
18 | suspension or revocation. The hearings shall proceed in the
| ||||||
19 | court in the same manner as in other civil proceedings. | ||||||
20 | The hearing may be conducted upon a review of the law | ||||||
21 | enforcement
officer's own official reports; provided however, | ||||||
22 | that the person may
subpoena the officer. Failure of the | ||||||
23 | officer to answer the subpoena shall
be considered grounds for | ||||||
24 | a continuance if in the court's discretion the
continuance is | ||||||
25 | appropriate. | ||||||
26 | The scope of the hearing shall be limited to the issues of: |
| |||||||
| |||||||
1 | 1. Whether the person was placed under arrest for an | ||||||
2 | offense as defined
in Section 11-501, or a similar | ||||||
3 | provision of a local ordinance, as evidenced
by the | ||||||
4 | issuance of a Uniform Traffic Ticket, or issued a Uniform | ||||||
5 | Traffic
Ticket out of state as provided in subsection (a) | ||||||
6 | or (a-5) of Section 11-501.1; and | ||||||
7 | 2. Whether the officer had reasonable grounds to | ||||||
8 | believe that
the person was driving or in actual physical | ||||||
9 | control of a motor vehicle
upon a highway while under the | ||||||
10 | influence of alcohol, other drug, or
combination of both; | ||||||
11 | and | ||||||
12 | 3. Whether the person, after being advised by the | ||||||
13 | officer
that the privilege to operate a motor vehicle would | ||||||
14 | be suspended or revoked if the
person refused to submit to | ||||||
15 | and complete the test or tests, did refuse to
submit to or | ||||||
16 | complete the test or tests to determine the person's blood | ||||||
17 | alcohol or drug concentration authorized under Section | ||||||
18 | 11-501.1 ; or | ||||||
19 | 4. Whether the person, after being advised by the | ||||||
20 | officer that
the privilege to operate a motor vehicle would | ||||||
21 | be suspended if the person
submits to a chemical test, or | ||||||
22 | tests, and the test discloses an alcohol
concentration of | ||||||
23 | 0.08 or more, or any amount of a drug, substance,
or | ||||||
24 | compound in the person's blood or urine resulting from the | ||||||
25 | unlawful use or
consumption of cannabis listed in the | ||||||
26 | Cannabis Control Act, a controlled
substance listed in the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act, an intoxicating
| ||||||
2 | compound as listed in the Use of Intoxicating Compounds | ||||||
3 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
4 | Control and Community Protection Act, and the person
did | ||||||
5 | submit to and complete the test or tests that determined an | ||||||
6 | alcohol
concentration of 0.08 or more. | ||||||
7 | 4.2. (Blank). If the person is a qualifying patient | ||||||
8 | licensed under the Compassionate Use of Medical Cannabis | ||||||
9 | Pilot Program Act who is in possession of a valid registry | ||||||
10 | card issued under that Act, after being advised by the | ||||||
11 | officer that the privilege to operate a motor vehicle would | ||||||
12 | be suspended or revoked if the person refused to submit to | ||||||
13 | and complete the test or tests, did refuse to submit to or | ||||||
14 | complete the test or tests authorized under Section | ||||||
15 | 11-501.1. | ||||||
16 | 4.5. (Blank). If the person is a qualifying patient | ||||||
17 | licensed under the Compassionate Use of Medical Cannabis | ||||||
18 | Pilot Program Act who is in possession of a valid registry | ||||||
19 | card issued under that Act, whether that person, after | ||||||
20 | being advised by the officer that the privilege to operate | ||||||
21 | a motor vehicle would be suspended if the person submits to | ||||||
22 | a standardized field sobriety test, or tests, and the test | ||||||
23 | indicates impairment resulting from the consumption of | ||||||
24 | cannabis, did submit to and complete the test or tests that | ||||||
25 | indicated impairment. | ||||||
26 | 5. If the person's driving privileges were revoked, |
| |||||||
| |||||||
1 | whether the person was involved in a motor vehicle accident | ||||||
2 | that caused Type A injury or death to another. | ||||||
3 | Upon the conclusion of the judicial hearing, the circuit | ||||||
4 | court shall
sustain or rescind the statutory summary suspension | ||||||
5 | or revocation and immediately notify
the Secretary of State. | ||||||
6 | Reports received by the Secretary of State under
this Section | ||||||
7 | shall be privileged information and for use only by the
courts, | ||||||
8 | police officers, and Secretary of State. | ||||||
9 | (Source: P.A. 98-122, eff. 1-1-14.)
| ||||||
10 | (625 ILCS 5/2-118.2 new) | ||||||
11 | Sec. 2-118.2. Opportunity for hearing; medical | ||||||
12 | cannabis-related suspension under Section 11-501.9. | ||||||
13 | (a) A suspension of driving privileges under Section | ||||||
14 | 11-501.9 of this Code shall not become effective until the | ||||||
15 | person is notified in writing of the impending suspension and | ||||||
16 | informed that he or she may request a hearing in the circuit | ||||||
17 | court of venue under subsection (b) of this Section and the | ||||||
18 | suspension shall become effective as provided in Section | ||||||
19 | 11-501.9. | ||||||
20 | (b) Within 90 days after the notice of suspension served | ||||||
21 | under Section 11-501.9, the person may make a written request | ||||||
22 | for a judicial hearing in the circuit court of venue. The | ||||||
23 | request to the circuit court shall state the grounds upon which | ||||||
24 | the person seeks to have the suspension rescinded. Within 30 | ||||||
25 | days after receipt of the written request or the first |
| |||||||
| |||||||
1 | appearance date on the Uniform Traffic Ticket issued for a | ||||||
2 | violation of Section 11-501 of this Code, or a similar | ||||||
3 | provision of a local ordinance, the hearing shall be conducted | ||||||
4 | by the circuit court having jurisdiction. This judicial | ||||||
5 | hearing, request, or process shall not stay or delay the | ||||||
6 | suspension. The hearing shall proceed in the court in the same | ||||||
7 | manner as in other civil proceedings. | ||||||
8 | The hearing may be conducted upon a review of the law | ||||||
9 | enforcement officer's own official reports; provided however, | ||||||
10 | that the person may subpoena the officer. Failure of the | ||||||
11 | officer to answer the subpoena shall be considered grounds for | ||||||
12 | a continuance if in the court's discretion the continuance is | ||||||
13 | appropriate. | ||||||
14 | The scope of the hearing shall be limited to the issues of: | ||||||
15 | (1) Whether the person was issued a registry | ||||||
16 | identification card under the Compassionate Use of Medical | ||||||
17 | Cannabis Pilot Program Act; and | ||||||
18 | (2) Whether the officer had reasonable suspicion to | ||||||
19 | believe that the person was driving or in actual physical | ||||||
20 | control of a motor vehicle upon a highway while impaired by | ||||||
21 | the use of cannabis; and | ||||||
22 | (3) Whether the person, after being advised by the | ||||||
23 | officer that the privilege to operate a motor vehicle would | ||||||
24 | be suspended if the person refused to submit to and | ||||||
25 | complete the field sobriety tests, did refuse to submit to | ||||||
26 | or complete the field sobriety tests authorized under |
| |||||||
| |||||||
1 | Section 11-501.9; and | ||||||
2 | (4) Whether the person after being advised by the | ||||||
3 | officer that the privilege to operate a motor vehicle would | ||||||
4 | be suspended if the person submitted to field sobriety | ||||||
5 | tests that disclosed the person was impaired by the use of | ||||||
6 | cannabis, did submit to field sobriety tests that disclosed | ||||||
7 | that the person was impaired by the use of cannabis. | ||||||
8 | Upon the conclusion of the judicial hearing, the circuit | ||||||
9 | court shall sustain or rescind the suspension and immediately | ||||||
10 | notify the Secretary of State. Reports received by the | ||||||
11 | Secretary of State under this Section shall be privileged | ||||||
12 | information and for use only by the courts, police officers, | ||||||
13 | and Secretary of State.
| ||||||
14 | (625 ILCS 5/6-118)
| ||||||
15 | (Text of Section before amendment by P.A. 98-176 ) | ||||||
16 | Sec. 6-118. Fees. | ||||||
17 | (a) The fee for licenses and permits under this
Article is | ||||||
18 | as follows: | ||||||
19 | Original driver's license .............................$30 | ||||||
20 | Original or renewal driver's license | ||||||
21 | issued to 18, 19 and 20 year olds .................. 5 | ||||||
22 | All driver's licenses for persons | ||||||
23 | age 69 through age 80 .............................. 5 | ||||||
24 | All driver's licenses for persons | ||||||
25 | age 81 through age 86 .............................. 2 |
| |||||||
| |||||||
1 | All driver's licenses for persons | ||||||
2 | age 87 or older .....................................0 | ||||||
3 | Renewal driver's license (except for | ||||||
4 | applicants ages 18, 19 and 20 or | ||||||
5 | age 69 and older) ..................................30 | ||||||
6 | Original instruction permit issued to | ||||||
7 | persons (except those age 69 and older) | ||||||
8 | who do not hold or have not previously | ||||||
9 | held an Illinois instruction permit or | ||||||
10 | driver's license .................................. 20 | ||||||
11 | Instruction permit issued to any person | ||||||
12 | holding an Illinois driver's license | ||||||
13 | who wishes a change in classifications, | ||||||
14 | other than at the time of renewal .................. 5 | ||||||
15 | Any instruction permit issued to a person | ||||||
16 | age 69 and older ................................... 5 | ||||||
17 | Instruction permit issued to any person, | ||||||
18 | under age 69, not currently holding a | ||||||
19 | valid Illinois driver's license or | ||||||
20 | instruction permit but who has | ||||||
21 | previously been issued either document | ||||||
22 | in Illinois ....................................... 10 | ||||||
23 | Restricted driving permit .............................. 8 | ||||||
24 | Monitoring device driving permit ...................... 8 | ||||||
25 | Duplicate or corrected driver's license | ||||||
26 | or permit .......................................... 5 |
| |||||||
| |||||||
1 | Duplicate or corrected restricted | ||||||
2 | driving permit ..................................... 5 | ||||||
3 | Duplicate or corrected monitoring | ||||||
4 | device driving permit .................................. 5 | ||||||
5 | Duplicate driver's license or permit issued to | ||||||
6 | an active-duty member of the | ||||||
7 | United States Armed Forces, | ||||||
8 | the member's spouse, or | ||||||
9 | the dependent children living | ||||||
10 | with the member ................................... 0 | ||||||
11 | Original or renewal M or L endorsement ................. 5 | ||||||
12 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
13 | The fees for commercial driver licenses and permits | ||||||
14 | under Article V
shall be as follows: | ||||||
15 | Commercial driver's license: | ||||||
16 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||||||
17 | (Commercial Driver's License Information | ||||||
18 | System/American Association of Motor Vehicle | ||||||
19 | Administrators network/National Motor Vehicle | ||||||
20 | Title Information Service Trust Fund); | ||||||
21 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
22 | $10 for the driver's license; | ||||||
23 | and $24 for the CDL: ............................. $60 | ||||||
24 | Renewal commercial driver's license: | ||||||
25 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
26 | $20 for the Motor Carrier Safety Inspection Fund; |
| |||||||
| |||||||
1 | $10 for the driver's license; and | ||||||
2 | $24 for the CDL: ................................. $60 | ||||||
3 | Commercial driver instruction permit | ||||||
4 | issued to any person holding a valid | ||||||
5 | Illinois driver's license for the | ||||||
6 | purpose of changing to a | ||||||
7 | CDL classification: $6 for the | ||||||
8 | CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
9 | $20 for the Motor Carrier | ||||||
10 | Safety Inspection Fund; and | ||||||
11 | $24 for the CDL classification ................... $50 | ||||||
12 | Commercial driver instruction permit | ||||||
13 | issued to any person holding a valid | ||||||
14 | Illinois CDL for the purpose of | ||||||
15 | making a change in a classification, | ||||||
16 | endorsement or restriction ........................ $5 | ||||||
17 | CDL duplicate or corrected license .................... $5 | ||||||
18 | In order to ensure the proper implementation of the Uniform | ||||||
19 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
20 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
21 | commercial driver's license
proportionate to the expiration | ||||||
22 | date of the applicant's Illinois driver's
license. | ||||||
23 | The fee for any duplicate license or permit shall be waived | ||||||
24 | for any
person who presents the Secretary of State's office | ||||||
25 | with a
police report showing that his license or permit was | ||||||
26 | stolen. |
| |||||||
| |||||||
1 | The fee for any duplicate license or permit shall be waived | ||||||
2 | for any
person age 60 or older whose driver's license or permit | ||||||
3 | has been lost or stolen. | ||||||
4 | No additional fee shall be charged for a driver's license, | ||||||
5 | or for a
commercial driver's license, when issued
to the holder | ||||||
6 | of an instruction permit for the same classification or
type of | ||||||
7 | license who becomes eligible for such
license. | ||||||
8 | (b) Any person whose license or privilege to operate a | ||||||
9 | motor vehicle
in this State has been suspended or revoked under | ||||||
10 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||||||
11 | Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
12 | Responsibility Law of this Code, shall in addition to any other
| ||||||
13 | fees required by this Code, pay a reinstatement fee as follows: | ||||||
14 | Suspension under Section 3-707 .....................
$100
| ||||||
15 | Summary suspension under Section 11-501.1 ...........$250
| ||||||
16 | Suspension under Section 11-501.9 ....................$250 | ||||||
17 | Summary revocation under Section 11-501.1 ............$500 | ||||||
18 | Other suspension ......................................$70 | ||||||
19 | Revocation ...........................................$500 | ||||||
20 | However, any person whose license or privilege to operate a | ||||||
21 | motor vehicle
in this State has been suspended or revoked for a | ||||||
22 | second or subsequent time
for a violation of Section 11-501 , or | ||||||
23 | 11-501.1 , or 11-501.9
of this Code or a similar provision of a | ||||||
24 | local ordinance
or a similar out-of-state offense
or Section | ||||||
25 | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| ||||||
26 | and each suspension or revocation was for a violation of |
| |||||||
| |||||||
1 | Section 11-501 , or
11-501.1 , or 11-501.9 of this Code or a | ||||||
2 | similar provision of a local ordinance
or a similar | ||||||
3 | out-of-state offense
or Section
9-3 of the Criminal Code of | ||||||
4 | 1961 or the Criminal Code of 2012
shall pay, in addition to any | ||||||
5 | other
fees required by this Code, a
reinstatement
fee as | ||||||
6 | follows: | ||||||
7 | Summary suspension under Section 11-501.1 ............$500 | ||||||
8 | Suspension under Section 11-501.9 ....................$500 | ||||||
9 | Summary revocation under Section 11-501.1 ............$500 | ||||||
10 | Revocation ...........................................$500 | ||||||
11 | (c) All fees collected under the provisions of this Chapter | ||||||
12 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
13 | as follows: | ||||||
14 | 1. The following amounts shall be paid into the Driver | ||||||
15 | Education Fund: | ||||||
16 | (A) $16 of the $20
fee for an original driver's | ||||||
17 | instruction permit; | ||||||
18 | (B) $5 of the $30 fee for an original driver's | ||||||
19 | license; | ||||||
20 | (C) $5 of the $30 fee for a 4 year renewal driver's | ||||||
21 | license;
| ||||||
22 | (D) $4 of the $8 fee for a restricted driving | ||||||
23 | permit; and | ||||||
24 | (E) $4 of the $8 fee for a monitoring device | ||||||
25 | driving permit. | ||||||
26 | 2. $30 of the $250 fee for reinstatement of a
license
|
| |||||||
| |||||||
1 | summarily suspended under Section 11-501.1 or suspended | ||||||
2 | under Section 11-501.9 shall be deposited into the
Drunk | ||||||
3 | and Drugged Driving Prevention Fund.
However, for a person | ||||||
4 | whose license or privilege to operate a motor vehicle
in | ||||||
5 | this State has been suspended or revoked for a second or | ||||||
6 | subsequent time for
a violation of Section 11-501 , or | ||||||
7 | 11-501.1 , or 11-501.9 of this Code or Section 9-3 of the
| ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | ||||||
9 | the $500 fee for reinstatement of a license summarily
| ||||||
10 | suspended under
Section 11-501.1 or suspended under | ||||||
11 | Section 11-501.9 ,
and $190 of the $500 fee for | ||||||
12 | reinstatement of a revoked license
shall be deposited into | ||||||
13 | the Drunk and Drugged Driving Prevention Fund. $190 of the | ||||||
14 | $500 fee for reinstatement of a license summarily revoked | ||||||
15 | pursuant to Section 11-501.1 shall be deposited into the | ||||||
16 | Drunk and Drugged Driving Prevention Fund. | ||||||
17 | 3. $6 of such original or renewal fee for a commercial | ||||||
18 | driver's
license and $6 of the commercial driver | ||||||
19 | instruction permit fee when such
permit is issued to any | ||||||
20 | person holding a valid Illinois driver's license,
shall be | ||||||
21 | paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||||||
22 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
23 | suspended
under the
Family
Financial Responsibility Law | ||||||
24 | shall be paid into the Family Responsibility
Fund. | ||||||
25 | 5. The $5 fee for each original or renewal M or L | ||||||
26 | endorsement shall be
deposited into the Cycle Rider Safety |
| |||||||
| |||||||
1 | Training Fund. | ||||||
2 | 6. $20 of any original or renewal fee for a commercial | ||||||
3 | driver's
license or commercial driver instruction permit | ||||||
4 | shall be paid into the Motor
Carrier Safety Inspection | ||||||
5 | Fund. | ||||||
6 | 7. The following amounts shall be paid into the General | ||||||
7 | Revenue Fund: | ||||||
8 | (A) $190 of the $250 reinstatement fee for a | ||||||
9 | summary suspension under
Section 11-501.1 or a | ||||||
10 | suspension under Section 11-501.9 ; | ||||||
11 | (B) $40 of the $70 reinstatement fee for any other | ||||||
12 | suspension provided
in subsection (b) of this Section; | ||||||
13 | and | ||||||
14 | (C) $440 of the $500 reinstatement fee for a first | ||||||
15 | offense revocation
and $310 of the $500 reinstatement | ||||||
16 | fee for a second or subsequent revocation. | ||||||
17 | (d) All of the proceeds of the additional fees imposed by | ||||||
18 | this amendatory Act of the 96th General Assembly shall be | ||||||
19 | deposited into the Capital Projects Fund. | ||||||
20 | (e) The additional fees imposed by this amendatory Act of | ||||||
21 | the 96th General Assembly shall become effective 90 days after | ||||||
22 | becoming law. | ||||||
23 | (f) As used in this Section, "active-duty member of the | ||||||
24 | United States Armed Forces" means a member of the Armed | ||||||
25 | Services or Reserve Forces of the United States or a member of | ||||||
26 | the Illinois National Guard who is called to active duty |
| |||||||
| |||||||
1 | pursuant to an executive order of the President of the United | ||||||
2 | States, an act of the Congress of the United States, or an | ||||||
3 | order of the Governor. | ||||||
4 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
5 | 98-177, eff. 1-1-14; 98-756, eff. 7-16-14.)
| ||||||
6 | (Text of Section after amendment by P.A. 98-176 ) | ||||||
7 | Sec. 6-118. Fees. | ||||||
8 | (a) The fee for licenses and permits under this
Article is | ||||||
9 | as follows: | ||||||
10 | Original driver's license .............................$30 | ||||||
11 | Original or renewal driver's license | ||||||
12 | issued to 18, 19 and 20 year olds .................. 5 | ||||||
13 | All driver's licenses for persons | ||||||
14 | age 69 through age 80 .............................. 5 | ||||||
15 | All driver's licenses for persons | ||||||
16 | age 81 through age 86 .............................. 2 | ||||||
17 | All driver's licenses for persons | ||||||
18 | age 87 or older .....................................0 | ||||||
19 | Renewal driver's license (except for | ||||||
20 | applicants ages 18, 19 and 20 or | ||||||
21 | age 69 and older) ..................................30 | ||||||
22 | Original instruction permit issued to | ||||||
23 | persons (except those age 69 and older) | ||||||
24 | who do not hold or have not previously | ||||||
25 | held an Illinois instruction permit or |
| |||||||
| |||||||
1 | driver's license .................................. 20 | ||||||
2 | Instruction permit issued to any person | ||||||
3 | holding an Illinois driver's license | ||||||
4 | who wishes a change in classifications, | ||||||
5 | other than at the time of renewal .................. 5 | ||||||
6 | Any instruction permit issued to a person | ||||||
7 | age 69 and older ................................... 5 | ||||||
8 | Instruction permit issued to any person, | ||||||
9 | under age 69, not currently holding a | ||||||
10 | valid Illinois driver's license or | ||||||
11 | instruction permit but who has | ||||||
12 | previously been issued either document | ||||||
13 | in Illinois ....................................... 10 | ||||||
14 | Restricted driving permit .............................. 8 | ||||||
15 | Monitoring device driving permit ...................... 8 | ||||||
16 | Duplicate or corrected driver's license | ||||||
17 | or permit .......................................... 5 | ||||||
18 | Duplicate or corrected restricted | ||||||
19 | driving permit ..................................... 5 | ||||||
20 | Duplicate or corrected monitoring | ||||||
21 | device driving permit .................................. 5 | ||||||
22 | Duplicate driver's license or permit issued to | ||||||
23 | an active-duty member of the | ||||||
24 | United States Armed Forces, | ||||||
25 | the member's spouse, or | ||||||
26 | the dependent children living |
| |||||||
| |||||||
1 | with the member ................................... 0 | ||||||
2 | Original or renewal M or L endorsement ................. 5 | ||||||
3 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
4 | The fees for commercial driver licenses and permits | ||||||
5 | under Article V
shall be as follows: | ||||||
6 | Commercial driver's license: | ||||||
7 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||||||
8 | (Commercial Driver's License Information | ||||||
9 | System/American Association of Motor Vehicle | ||||||
10 | Administrators network/National Motor Vehicle | ||||||
11 | Title Information Service Trust Fund); | ||||||
12 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
13 | $10 for the driver's license; | ||||||
14 | and $24 for the CDL: ............................. $60 | ||||||
15 | Renewal commercial driver's license: | ||||||
16 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
17 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
18 | $10 for the driver's license; and | ||||||
19 | $24 for the CDL: ................................. $60 | ||||||
20 | Commercial learner's permit | ||||||
21 | issued to any person holding a valid | ||||||
22 | Illinois driver's license for the | ||||||
23 | purpose of changing to a | ||||||
24 | CDL classification: $6 for the | ||||||
25 | CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
26 | $20 for the Motor Carrier |
| |||||||
| |||||||
1 | Safety Inspection Fund; and | ||||||
2 | $24 for the CDL classification ................... $50 | ||||||
3 | Commercial learner's permit | ||||||
4 | issued to any person holding a valid | ||||||
5 | Illinois CDL for the purpose of | ||||||
6 | making a change in a classification, | ||||||
7 | endorsement or restriction ........................ $5 | ||||||
8 | CDL duplicate or corrected license .................... $5 | ||||||
9 | In order to ensure the proper implementation of the Uniform | ||||||
10 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
11 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
12 | commercial driver's license
proportionate to the expiration | ||||||
13 | date of the applicant's Illinois driver's
license. | ||||||
14 | The fee for any duplicate license or permit shall be waived | ||||||
15 | for any
person who presents the Secretary of State's office | ||||||
16 | with a
police report showing that his license or permit was | ||||||
17 | stolen. | ||||||
18 | The fee for any duplicate license or permit shall be waived | ||||||
19 | for any
person age 60 or older whose driver's license or permit | ||||||
20 | has been lost or stolen. | ||||||
21 | No additional fee shall be charged for a driver's license, | ||||||
22 | or for a
commercial driver's license, when issued
to the holder | ||||||
23 | of an instruction permit for the same classification or
type of | ||||||
24 | license who becomes eligible for such
license. | ||||||
25 | (b) Any person whose license or privilege to operate a | ||||||
26 | motor vehicle
in this State has been suspended or revoked under |
| |||||||
| |||||||
1 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||||||
2 | Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
3 | Responsibility Law of this Code, shall in addition to any other
| ||||||
4 | fees required by this Code, pay a reinstatement fee as follows: | ||||||
5 | Suspension under Section 3-707 .....................
$100
| ||||||
6 | Summary suspension under Section 11-501.1 ...........$250
| ||||||
7 | Suspension under Section 11-501.9 ....................$250 | ||||||
8 | Summary revocation under Section 11-501.1 ............$500 | ||||||
9 | Other suspension ......................................$70 | ||||||
10 | Revocation ...........................................$500 | ||||||
11 | However, any person whose license or privilege to operate a | ||||||
12 | motor vehicle
in this State has been suspended or revoked for a | ||||||
13 | second or subsequent time
for a violation of Section 11-501 , or | ||||||
14 | 11-501.1 , or 11-501.9
of this Code or a similar provision of a | ||||||
15 | local ordinance
or a similar out-of-state offense
or Section | ||||||
16 | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| ||||||
17 | and each suspension or revocation was for a violation of | ||||||
18 | Section 11-501 , or
11-501.1 , or 11-501.9 of this Code or a | ||||||
19 | similar provision of a local ordinance
or a similar | ||||||
20 | out-of-state offense
or Section
9-3 of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012
shall pay, in addition to any | ||||||
22 | other
fees required by this Code, a
reinstatement
fee as | ||||||
23 | follows: | ||||||
24 | Summary suspension under Section 11-501.1 ............$500 | ||||||
25 | Suspension under Section 11-501.9 ....................$500 | ||||||
26 | Summary revocation under Section 11-501.1 ............$500 |
| |||||||
| |||||||
1 | Revocation ...........................................$500 | ||||||
2 | (c) All fees collected under the provisions of this Chapter | ||||||
3 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
4 | as follows: | ||||||
5 | 1. The following amounts shall be paid into the Driver | ||||||
6 | Education Fund: | ||||||
7 | (A) $16 of the $20
fee for an original driver's | ||||||
8 | instruction permit; | ||||||
9 | (B) $5 of the $30 fee for an original driver's | ||||||
10 | license; | ||||||
11 | (C) $5 of the $30 fee for a 4 year renewal driver's | ||||||
12 | license;
| ||||||
13 | (D) $4 of the $8 fee for a restricted driving | ||||||
14 | permit; and | ||||||
15 | (E) $4 of the $8 fee for a monitoring device | ||||||
16 | driving permit. | ||||||
17 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
18 | summarily suspended under Section 11-501.1 or suspended | ||||||
19 | under Section 11-501.9 shall be deposited into the
Drunk | ||||||
20 | and Drugged Driving Prevention Fund.
However, for a person | ||||||
21 | whose license or privilege to operate a motor vehicle
in | ||||||
22 | this State has been suspended or revoked for a second or | ||||||
23 | subsequent time for
a violation of Section 11-501 , or | ||||||
24 | 11-501.1 , or 11-501.9 of this Code or Section 9-3 of the
| ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | ||||||
26 | the $500 fee for reinstatement of a license summarily
|
| |||||||
| |||||||
1 | suspended under
Section 11-501.1 or suspended under | ||||||
2 | Section 11-501.9 ,
and $190 of the $500 fee for | ||||||
3 | reinstatement of a revoked license
shall be deposited into | ||||||
4 | the Drunk and Drugged Driving Prevention Fund. $190 of the | ||||||
5 | $500 fee for reinstatement of a license summarily revoked | ||||||
6 | pursuant to Section 11-501.1 shall be deposited into the | ||||||
7 | Drunk and Drugged Driving Prevention Fund. | ||||||
8 | 3. $6 of the original or renewal fee for a commercial | ||||||
9 | driver's
license and $6 of the commercial learner's permit | ||||||
10 | fee when the
permit is issued to any person holding a valid | ||||||
11 | Illinois driver's license,
shall be paid into the | ||||||
12 | CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||||||
13 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
14 | suspended
under the
Family
Financial Responsibility Law | ||||||
15 | shall be paid into the Family Responsibility
Fund. | ||||||
16 | 5. The $5 fee for each original or renewal M or L | ||||||
17 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
18 | Training Fund. | ||||||
19 | 6. $20 of any original or renewal fee for a commercial | ||||||
20 | driver's
license or commercial learner's permit shall be | ||||||
21 | paid into the Motor
Carrier Safety Inspection Fund. | ||||||
22 | 7. The following amounts shall be paid into the General | ||||||
23 | Revenue Fund: | ||||||
24 | (A) $190 of the $250 reinstatement fee for a | ||||||
25 | summary suspension under
Section 11-501.1 or a | ||||||
26 | suspension under Section 11-501.9 ; |
| |||||||
| |||||||
1 | (B) $40 of the $70 reinstatement fee for any other | ||||||
2 | suspension provided
in subsection (b) of this Section; | ||||||
3 | and | ||||||
4 | (C) $440 of the $500 reinstatement fee for a first | ||||||
5 | offense revocation
and $310 of the $500 reinstatement | ||||||
6 | fee for a second or subsequent revocation. | ||||||
7 | (d) All of the proceeds of the additional fees imposed by | ||||||
8 | this amendatory Act of the 96th General Assembly shall be | ||||||
9 | deposited into the Capital Projects Fund. | ||||||
10 | (e) The additional fees imposed by this amendatory Act of | ||||||
11 | the 96th General Assembly shall become effective 90 days after | ||||||
12 | becoming law. | ||||||
13 | (f) As used in this Section, "active-duty member of the | ||||||
14 | United States Armed Forces" means a member of the Armed | ||||||
15 | Services or Reserve Forces of the United States or a member of | ||||||
16 | the Illinois National Guard who is called to active duty | ||||||
17 | pursuant to an executive order of the President of the United | ||||||
18 | States, an act of the Congress of the United States, or an | ||||||
19 | order of the Governor. | ||||||
20 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
21 | 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the | ||||||
22 | effective date of changes made by P.A. 98-176); 98-177, eff. | ||||||
23 | 1-1-14; 98-756, eff. 7-16-14.)
| ||||||
24 | (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | ||||||
25 | Sec. 6-206.1. Monitoring Device Driving Permit. |
| |||||||
| |||||||
1 | Declaration of Policy. It is hereby declared a policy of the
| ||||||
2 | State of Illinois that the driver who is impaired by alcohol, | ||||||
3 | other drug or
drugs, or intoxicating compound or compounds is a
| ||||||
4 | threat to the public safety and welfare. Therefore, to
provide | ||||||
5 | a deterrent to such practice, a statutory summary driver's | ||||||
6 | license suspension is appropriate.
It is also recognized that | ||||||
7 | driving is a privilege and therefore, that the granting of | ||||||
8 | driving privileges, in a manner consistent with public
safety, | ||||||
9 | is warranted during the period of suspension in the form of a | ||||||
10 | monitoring device driving permit. A person who drives and fails | ||||||
11 | to comply with the requirements of the monitoring device | ||||||
12 | driving permit commits a violation of Section 6-303 of this | ||||||
13 | Code. | ||||||
14 | The following procedures shall apply whenever
a first | ||||||
15 | offender, as defined in Section 11-500 of this Code, is | ||||||
16 | arrested for any offense as defined in Section 11-501
or a | ||||||
17 | similar provision of a local ordinance and is subject to the | ||||||
18 | provisions of Section 11-501.1: | ||||||
19 | (a) Upon mailing of the notice of suspension of driving | ||||||
20 | privileges as provided in subsection (h) of Section 11-501.1 of | ||||||
21 | this Code, the Secretary shall also send written notice | ||||||
22 | informing the person that he or she will be issued a monitoring | ||||||
23 | device driving permit (MDDP). The notice shall include, at | ||||||
24 | minimum, information summarizing the procedure to be followed | ||||||
25 | for issuance of the MDDP, installation of the breath alcohol | ||||||
26 | ignition installation device (BAIID), as provided in this |
| |||||||
| |||||||
1 | Section, exemption from BAIID installation requirements, and | ||||||
2 | procedures to be followed by those seeking indigent status, as | ||||||
3 | provided in this Section. The notice shall also include | ||||||
4 | information summarizing the procedure to be followed if the | ||||||
5 | person wishes to decline issuance of the MDDP. A copy of the | ||||||
6 | notice shall also be sent to the court of venue together with | ||||||
7 | the notice of suspension of driving privileges, as provided in | ||||||
8 | subsection (h) of Section 11-501. However, a MDDP shall not be | ||||||
9 | issued if the Secretary finds that:
| ||||||
10 | (1) the offender's driver's license is otherwise | ||||||
11 | invalid; | ||||||
12 | (2) death or great bodily harm to another resulted from | ||||||
13 | the arrest for Section 11-501; | ||||||
14 | (3) the offender has been previously convicted of | ||||||
15 | reckless homicide or aggravated driving under the | ||||||
16 | influence involving death; | ||||||
17 | (4) the offender is less than 18 years of age; or | ||||||
18 | (5) the offender is a qualifying patient licensed under | ||||||
19 | the Compassionate Use of Medical Cannabis Pilot Program Act | ||||||
20 | who is in possession of a valid registry card issued under | ||||||
21 | that Act and refused to submit to standardized field | ||||||
22 | sobriety tests as required by subsection (a) (a-5) of | ||||||
23 | Section 11-501.9 11-501.1 or did submit to testing which | ||||||
24 | disclosed the person was impaired by the use of cannabis | ||||||
25 | and failed the test or tests . | ||||||
26 | Any offender participating in the MDDP program must pay the |
| |||||||
| |||||||
1 | Secretary a MDDP Administration Fee in an amount not to exceed | ||||||
2 | $30 per month, to be deposited into the Monitoring Device | ||||||
3 | Driving Permit Administration Fee Fund. The Secretary shall | ||||||
4 | establish by rule the amount and the procedures, terms, and | ||||||
5 | conditions relating to these fees. The offender must have an | ||||||
6 | ignition interlock device installed within 14 days of the date | ||||||
7 | the Secretary issues the MDDP. The ignition interlock device | ||||||
8 | provider must notify the Secretary, in a manner and form | ||||||
9 | prescribed by the Secretary, of the installation. If the | ||||||
10 | Secretary does not receive notice of installation, the | ||||||
11 | Secretary shall cancel the MDDP.
| ||||||
12 | A MDDP shall not become effective prior to the 31st
day of | ||||||
13 | the original statutory summary suspension. | ||||||
14 | Upon receipt of the notice, as provided in paragraph (a) of | ||||||
15 | this Section, the person may file a petition to decline | ||||||
16 | issuance of the MDDP with the court of venue. The court shall | ||||||
17 | admonish the offender of all consequences of declining issuance | ||||||
18 | of the MDDP including, but not limited to, the enhanced | ||||||
19 | penalties for driving while suspended. After being so | ||||||
20 | admonished, the offender shall be permitted, in writing, to | ||||||
21 | execute a notice declining issuance of the MDDP. This notice | ||||||
22 | shall be filed with the court and forwarded by the clerk of the | ||||||
23 | court to the Secretary. The offender may, at any time | ||||||
24 | thereafter, apply to the Secretary for issuance of a MDDP. | ||||||
25 | (a-1) A person issued a MDDP may drive for any purpose and | ||||||
26 | at any time, subject to the rules adopted by the Secretary |
| |||||||
| |||||||
1 | under subsection (g). The person must, at his or her own | ||||||
2 | expense, drive only vehicles equipped with an ignition | ||||||
3 | interlock device as defined in Section 1-129.1, but in no event | ||||||
4 | shall such person drive a commercial motor vehicle. | ||||||
5 | (a-2) Persons who are issued a MDDP and must drive | ||||||
6 | employer-owned vehicles in the course of their employment | ||||||
7 | duties may seek permission to drive an employer-owned vehicle | ||||||
8 | that does not have an ignition interlock device. The employer | ||||||
9 | shall provide to the Secretary a form, as prescribed by the | ||||||
10 | Secretary, completed by the employer verifying that the | ||||||
11 | employee must drive an employer-owned vehicle in the course of | ||||||
12 | employment. If approved by the Secretary, the form must be in | ||||||
13 | the driver's possession while operating an employer-owner | ||||||
14 | vehicle not equipped with an ignition interlock device. No | ||||||
15 | person may use this exemption to drive a school bus, school | ||||||
16 | vehicle, or a vehicle designed to transport more than 15 | ||||||
17 | passengers. No person may use this exemption to drive an | ||||||
18 | employer-owned motor vehicle that is owned by an entity that is | ||||||
19 | wholly or partially owned by the person holding the MDDP, or by | ||||||
20 | a family member of the person holding the MDDP. No person may | ||||||
21 | use this exemption to drive an employer-owned vehicle that is | ||||||
22 | made available to the employee for personal use. No person may | ||||||
23 | drive the exempted vehicle more than 12 hours per day, 6 days | ||||||
24 | per week.
| ||||||
25 | (a-3) Persons who are issued a MDDP and who must drive a | ||||||
26 | farm tractor to and from a farm, within 50 air miles from the |
| |||||||
| |||||||
1 | originating farm are exempt from installation of a BAIID on the | ||||||
2 | farm tractor, so long as the farm tractor is being used for the | ||||||
3 | exclusive purpose of conducting farm operations. | ||||||
4 | (b) (Blank). | ||||||
5 | (c) (Blank).
| ||||||
6 | (c-1) If the holder of the MDDP is convicted of or receives | ||||||
7 | court supervision for a violation of Section 6-206.2, 6-303, | ||||||
8 | 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | ||||||
9 | provision of a local ordinance or a similar out-of-state | ||||||
10 | offense or is convicted of or receives court supervision for | ||||||
11 | any offense for which alcohol or drugs is an element of the | ||||||
12 | offense and in which a motor vehicle was involved (for an | ||||||
13 | arrest other than the one for which the MDDP is issued), or | ||||||
14 | de-installs the BAIID without prior authorization from the | ||||||
15 | Secretary, the MDDP shall be cancelled. | ||||||
16 | (c-5) If the Secretary determines that the person seeking | ||||||
17 | the MDDP is indigent, the Secretary shall provide the person | ||||||
18 | with a written document as evidence of that determination, and | ||||||
19 | the person shall provide that written document to an ignition | ||||||
20 | interlock device provider. The provider shall install an | ||||||
21 | ignition interlock device on that person's vehicle without | ||||||
22 | charge to the person, and seek reimbursement from the Indigent | ||||||
23 | BAIID Fund.
If the Secretary has deemed an offender indigent, | ||||||
24 | the BAIID provider shall also provide the normal monthly | ||||||
25 | monitoring services and the de-installation without charge to | ||||||
26 | the offender and seek reimbursement from the Indigent BAIID |
| |||||||
| |||||||
1 | Fund. Any other monetary charges, such as a lockout fee or | ||||||
2 | reset fee, shall be the responsibility of the MDDP holder. A | ||||||
3 | BAIID provider may not seek a security deposit from the | ||||||
4 | Indigent BAIID Fund. | ||||||
5 | (d) MDDP information
shall be available only to the courts, | ||||||
6 | police officers, and the Secretary, except during the actual | ||||||
7 | period the MDDP is valid, during which
time it shall be a | ||||||
8 | public record. | ||||||
9 | (e) (Blank). | ||||||
10 | (f) (Blank). | ||||||
11 | (g) The Secretary shall adopt rules for implementing this | ||||||
12 | Section. The rules adopted shall address issues including, but | ||||||
13 | not limited to: compliance with the requirements of the MDDP; | ||||||
14 | methods for determining compliance with those requirements; | ||||||
15 | the consequences of noncompliance with those requirements; | ||||||
16 | what constitutes a violation of the MDDP; methods for | ||||||
17 | determining indigency; and the duties of a person or entity | ||||||
18 | that supplies the ignition interlock device. | ||||||
19 | (h) The rules adopted under subsection (g) shall provide, | ||||||
20 | at a minimum, that the person is not in compliance with the | ||||||
21 | requirements of the MDDP if he or she: | ||||||
22 | (1) tampers or attempts to tamper with or circumvent | ||||||
23 | the proper operation of the ignition interlock device; | ||||||
24 | (2) provides valid breath samples that register blood | ||||||
25 | alcohol levels in excess of the number of times allowed | ||||||
26 | under the rules; |
| |||||||
| |||||||
1 | (3) fails to provide evidence sufficient to satisfy the | ||||||
2 | Secretary that the ignition interlock device has been | ||||||
3 | installed in the designated vehicle or vehicles; or | ||||||
4 | (4) fails to follow any other applicable rules adopted | ||||||
5 | by the Secretary. | ||||||
6 | (i) Any person or entity that supplies an ignition | ||||||
7 | interlock device as provided under this Section shall, in | ||||||
8 | addition to supplying only those devices which fully comply | ||||||
9 | with all the rules adopted under subsection (g), provide the | ||||||
10 | Secretary, within 7 days of inspection, all monitoring reports | ||||||
11 | of each person who has had an ignition interlock device | ||||||
12 | installed. These reports shall be furnished in a manner or form | ||||||
13 | as prescribed by the Secretary. | ||||||
14 | (j) Upon making a determination that a violation of the | ||||||
15 | requirements of the MDDP has occurred, the Secretary shall | ||||||
16 | extend the summary suspension period for an additional 3 months | ||||||
17 | beyond the originally imposed summary suspension period, | ||||||
18 | during which time the person shall only be allowed to drive | ||||||
19 | vehicles equipped with an ignition interlock device; provided | ||||||
20 | further there are no limitations on the total number of times | ||||||
21 | the summary suspension may be extended. The Secretary may, | ||||||
22 | however, limit the number of extensions imposed for violations | ||||||
23 | occurring during any one monitoring period, as set forth by | ||||||
24 | rule. Any person whose summary suspension is extended pursuant | ||||||
25 | to this Section shall have the right to contest the extension | ||||||
26 | through a hearing with the Secretary, pursuant to Section 2-118 |
| |||||||
| |||||||
1 | of this Code. If the summary suspension has already terminated | ||||||
2 | prior to the Secretary receiving the monitoring report that | ||||||
3 | shows a violation, the Secretary shall be authorized to suspend | ||||||
4 | the person's driving privileges for 3 months, provided that the | ||||||
5 | Secretary may, by rule, limit the number of suspensions to be | ||||||
6 | entered pursuant to this paragraph for violations occurring | ||||||
7 | during any one monitoring period. Any person whose license is | ||||||
8 | suspended pursuant to this paragraph, after the summary | ||||||
9 | suspension had already terminated, shall have the right to | ||||||
10 | contest the suspension through a hearing with the Secretary, | ||||||
11 | pursuant to Section 2-118 of this Code. The only permit the | ||||||
12 | person shall be eligible for during this new suspension period | ||||||
13 | is a MDDP. | ||||||
14 | (k) A person who has had his or her summary suspension | ||||||
15 | extended for the third time, or has any combination of 3 | ||||||
16 | extensions and new suspensions, entered as a result of a | ||||||
17 | violation that occurred while holding the MDDP, so long as the | ||||||
18 | extensions and new suspensions relate to the same summary | ||||||
19 | suspension, shall have his or her vehicle impounded for a | ||||||
20 | period of 30 days, at the person's own expense. A person who | ||||||
21 | has his or her summary suspension extended for the fourth time, | ||||||
22 | or has any combination of 4 extensions and new suspensions, | ||||||
23 | entered as a result of a violation that occurred while holding | ||||||
24 | the MDDP, so long as the extensions and new suspensions relate | ||||||
25 | to the same summary suspension, shall have his or her vehicle | ||||||
26 | subject to seizure and forfeiture. The Secretary shall notify |
| |||||||
| |||||||
1 | the prosecuting authority of any third or fourth extensions or | ||||||
2 | new suspension entered as a result of a violation that occurred | ||||||
3 | while the person held a MDDP. Upon receipt of the notification, | ||||||
4 | the prosecuting authority shall impound or forfeit the vehicle. | ||||||
5 | The impoundment or forfeiture of a vehicle shall be conducted | ||||||
6 | pursuant to the procedure specified in Article 36 of the | ||||||
7 | Criminal Code of 2012. | ||||||
8 | (l) A person whose driving privileges have been suspended | ||||||
9 | under Section 11-501.1 of this Code and who had a MDDP that was | ||||||
10 | cancelled, or would have been cancelled had notification of a | ||||||
11 | violation been received prior to expiration of the MDDP, | ||||||
12 | pursuant to subsection (c-1) of this Section, shall not be | ||||||
13 | eligible for reinstatement when the summary suspension is | ||||||
14 | scheduled to terminate. Instead, the person's driving | ||||||
15 | privileges shall be suspended for a period of not less than | ||||||
16 | twice the original summary suspension period, or for the length | ||||||
17 | of any extensions entered under subsection (j), whichever is | ||||||
18 | longer. During the period of suspension, the person shall be | ||||||
19 | eligible only to apply for a restricted driving permit. If a | ||||||
20 | restricted driving permit is granted, the offender may only | ||||||
21 | operate vehicles equipped with a BAIID in accordance with this | ||||||
22 | Section. | ||||||
23 | (m) Any person or entity that supplies an ignition | ||||||
24 | interlock device under this Section shall, for each ignition | ||||||
25 | interlock device installed, pay 5% of the total gross revenue | ||||||
26 | received for the device, including monthly monitoring fees, |
| |||||||
| |||||||
1 | into the Indigent BAIID Fund. This 5% shall be clearly | ||||||
2 | indicated as a separate surcharge on each invoice that is | ||||||
3 | issued. The Secretary shall conduct an annual review of the | ||||||
4 | fund to determine whether the surcharge is sufficient to | ||||||
5 | provide for indigent users. The Secretary may increase or | ||||||
6 | decrease this surcharge requirement as needed. | ||||||
7 | (n) Any person or entity that supplies an ignition | ||||||
8 | interlock device under this Section that is requested to | ||||||
9 | provide an ignition interlock device to a person who presents | ||||||
10 | written documentation of indigency from the Secretary, as | ||||||
11 | provided in subsection (c-5) of this Section, shall install the | ||||||
12 | device on the person's vehicle without charge to the person and | ||||||
13 | shall seek reimbursement from the Indigent BAIID Fund. | ||||||
14 | (o) The Indigent BAIID Fund is created as a special fund in | ||||||
15 | the State treasury. The Secretary shall, subject to | ||||||
16 | appropriation by the General Assembly, use all money in the | ||||||
17 | Indigent BAIID Fund to reimburse ignition interlock device | ||||||
18 | providers who have installed devices in vehicles of indigent | ||||||
19 | persons. The Secretary shall make payments to such providers | ||||||
20 | every 3 months. If the amount of money in the fund at the time | ||||||
21 | payments are made is not sufficient to pay all requests for | ||||||
22 | reimbursement submitted during that 3 month period, the | ||||||
23 | Secretary shall make payments on a pro-rata basis, and those | ||||||
24 | payments shall be considered payment in full for the requests | ||||||
25 | submitted. | ||||||
26 | (p) The Monitoring Device Driving Permit Administration |
| |||||||
| |||||||
1 | Fee Fund is created as a special fund in the State treasury. | ||||||
2 | The Secretary shall, subject to appropriation by the General | ||||||
3 | Assembly, use the money paid into this fund to offset its | ||||||
4 | administrative costs for administering MDDPs.
| ||||||
5 | (q) The Secretary is authorized to prescribe such forms as | ||||||
6 | it deems necessary to carry out the provisions of this Section. | ||||||
7 | (Source: P.A. 97-229, eff. 7-28-11; 97-813, eff. 7-13-12; | ||||||
8 | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1015, eff. | ||||||
9 | 8-22-14.)
| ||||||
10 | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | ||||||
11 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
12 | drug,
or intoxicating compound related suspension or | ||||||
13 | revocation. | ||||||
14 | (a) Unless the statutory summary suspension has been | ||||||
15 | rescinded, any
person whose privilege to drive a motor vehicle | ||||||
16 | on the public highways has
been summarily suspended, pursuant | ||||||
17 | to Section 11-501.1, shall not be
eligible for restoration of | ||||||
18 | the privilege until the expiration of: | ||||||
19 | 1. twelve months from the effective date of the | ||||||
20 | statutory summary suspension
for a refusal or failure to | ||||||
21 | complete a test or tests to determine the alcohol, other | ||||||
22 | drug, or intoxicating compound concentration authorized | ||||||
23 | under
Section 11-501.1, if the person was not involved in a | ||||||
24 | motor vehicle accident that caused personal injury or death | ||||||
25 | to another; or |
| |||||||
| |||||||
1 | 2. six months from the effective date of the statutory | ||||||
2 | summary
suspension imposed following the person's | ||||||
3 | submission to a chemical test
which disclosed an alcohol | ||||||
4 | concentration of 0.08 or more, or any
amount
of a
drug, | ||||||
5 | substance, or intoxicating compound in such person's
| ||||||
6 | breath, blood, or
urine resulting
from the unlawful use or | ||||||
7 | consumption of cannabis listed in the Cannabis
Control Act, | ||||||
8 | a controlled substance listed in the Illinois
Controlled
| ||||||
9 | Substances Act, an intoxicating compound listed in the Use | ||||||
10 | of Intoxicating
Compounds Act, or methamphetamine as | ||||||
11 | listed in the Methamphetamine Control and Community | ||||||
12 | Protection 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 or any amount of a drug, substance or
| ||||||
23 | compound in such person's blood or urine resulting from the | ||||||
24 | unlawful use or
consumption of cannabis listed in the | ||||||
25 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
26 | Illinois Controlled Substances Act, an
intoxicating
|
| |||||||
| |||||||
1 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
2 | or methamphetamine as listed in the Methamphetamine | ||||||
3 | Control and Community Protection Act; or | ||||||
4 | 5. (Blank). six months from the effective date of the | ||||||
5 | statutory summary suspension imposed for any person | ||||||
6 | following submission to a standardized field sobriety test | ||||||
7 | that disclosed impairment if the person is a qualifying | ||||||
8 | patient licensed under the Compassionate Use of Medical | ||||||
9 | Cannabis Pilot Program Act who is in possession of a valid | ||||||
10 | registry card issued under that Act and submitted to | ||||||
11 | testing under subsection (a-5) of Section 11-501.1. | ||||||
12 | (b) Following a statutory summary suspension of the | ||||||
13 | privilege to drive a
motor vehicle under Section 11-501.1, | ||||||
14 | driving privileges shall be
restored unless the person is | ||||||
15 | otherwise suspended, revoked, or cancelled by this Code. If
the | ||||||
16 | court has reason to believe that the person's
driving privilege | ||||||
17 | should not be restored, the court shall notify
the Secretary of | ||||||
18 | State prior to the expiration of the statutory summary
| ||||||
19 | suspension so appropriate action may be taken pursuant to this | ||||||
20 | Code. | ||||||
21 | (c) Driving privileges may not be restored until all | ||||||
22 | applicable
reinstatement fees, as provided by this Code, have | ||||||
23 | been paid to the Secretary
of State and the appropriate entry | ||||||
24 | made to the driver's record. | ||||||
25 | (d) Where a driving privilege has been summarily suspended | ||||||
26 | or revoked under Section
11-501.1 and the person is |
| |||||||
| |||||||
1 | subsequently convicted of violating Section
11-501, or a | ||||||
2 | similar provision of a local ordinance, for the same incident,
| ||||||
3 | any period served on statutory summary suspension or revocation | ||||||
4 | shall be credited toward
the minimum period of revocation of | ||||||
5 | driving privileges imposed pursuant to
Section 6-205. | ||||||
6 | (e) A first offender who refused chemical testing and whose | ||||||
7 | driving privileges were summarily revoked pursuant to Section | ||||||
8 | 11-501.1 shall not be eligible for a monitoring device driving | ||||||
9 | permit, but may make application for reinstatement or for a | ||||||
10 | restricted driving permit after a period of one year has | ||||||
11 | elapsed from the effective date of the revocation. | ||||||
12 | (f) (Blank). | ||||||
13 | (g) Following a statutory summary suspension of driving | ||||||
14 | privileges
pursuant to Section 11-501.1 where the person was | ||||||
15 | not a first offender, as
defined in Section 11-500, the | ||||||
16 | Secretary of State may not issue a
restricted driving permit. | ||||||
17 | (h) (Blank). | ||||||
18 | (Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14; | ||||||
19 | 98-1015, eff. 8-22-14.)
| ||||||
20 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||||||
21 | (Text of Section before amendment by P.A. 98-176 )
| ||||||
22 | Sec. 6-514. Commercial driver's license (CDL); commercial | ||||||
23 | learner's permit (CLP); disqualifications.
| ||||||
24 | (a) A person shall be disqualified from driving a | ||||||
25 | commercial motor
vehicle for a period of not less than 12 |
| |||||||
| |||||||
1 | months for the first violation of:
| ||||||
2 | (1) Refusing to submit to or failure to complete a test | ||||||
3 | or tests to determine the driver's blood concentration of | ||||||
4 | alcohol, other drug, or both authorized under Section | ||||||
5 | 11-501.1
while driving a commercial motor vehicle or, if | ||||||
6 | the driver is a CDL holder, while driving a non-CMV; or
| ||||||
7 | (2) Operating a commercial motor vehicle while the | ||||||
8 | alcohol
concentration of the person's blood, breath or | ||||||
9 | urine is at least 0.04, or any
amount of a drug, substance, | ||||||
10 | or compound in the person's blood or urine
resulting from | ||||||
11 | the unlawful use or consumption of cannabis listed in the
| ||||||
12 | Cannabis Control Act, a controlled substance listed in the | ||||||
13 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
14 | listed in the Methamphetamine Control and Community | ||||||
15 | Protection Act as indicated by a police officer's sworn | ||||||
16 | report or
other verified evidence; or operating a | ||||||
17 | non-commercial motor vehicle while the alcohol | ||||||
18 | concentration of the person's blood, breath, or urine was | ||||||
19 | above the legal limit defined in Section 11-501.1 or | ||||||
20 | 11-501.8 or any amount of a drug, substance, or compound in | ||||||
21 | the person's blood or urine resulting from the unlawful use | ||||||
22 | or consumption of cannabis listed in the Cannabis Control | ||||||
23 | Act, a controlled substance listed in the Illinois | ||||||
24 | Controlled Substances Act, or methamphetamine as listed in | ||||||
25 | the Methamphetamine Control and Community Protection Act
| ||||||
26 | as indicated by a police officer's sworn report or other |
| |||||||
| |||||||
1 | verified evidence while holding a commercial driver's | ||||||
2 | license; or
| ||||||
3 | (3) Conviction for a first violation of:
| ||||||
4 | (i) Driving a commercial motor vehicle or, if the | ||||||
5 | driver is a CDL holder, driving a non-CMV while under | ||||||
6 | the influence of
alcohol, or any other drug, or | ||||||
7 | combination of drugs to a degree which
renders such | ||||||
8 | person incapable of safely driving; or
| ||||||
9 | (ii) Knowingly leaving the scene of an accident | ||||||
10 | while
operating a commercial motor vehicle or, if the | ||||||
11 | driver is a CDL holder, while driving a non-CMV; or
| ||||||
12 | (iii) Driving a commercial motor vehicle or, if the | ||||||
13 | driver is a CDL holder, driving a non-CMV while | ||||||
14 | committing any felony; or | ||||||
15 | (iv) Driving a commercial motor vehicle while the | ||||||
16 | person's driving privileges or driver's license or | ||||||
17 | permit is revoked, suspended, or cancelled or the | ||||||
18 | driver is disqualified from operating a commercial | ||||||
19 | motor vehicle; or | ||||||
20 | (v) Causing a fatality through the negligent | ||||||
21 | operation of a commercial motor vehicle, including but | ||||||
22 | not limited to the crimes of motor vehicle | ||||||
23 | manslaughter, homicide by a motor vehicle, and | ||||||
24 | negligent homicide. | ||||||
25 | As used in this subdivision (a)(3)(v), "motor | ||||||
26 | vehicle manslaughter" means the offense of involuntary |
| |||||||
| |||||||
1 | manslaughter if committed by means of a vehicle; | ||||||
2 | "homicide by a motor vehicle" means the offense of | ||||||
3 | first degree murder or second degree murder, if either | ||||||
4 | offense is committed by means of a vehicle; and | ||||||
5 | "negligent homicide" means reckless homicide under | ||||||
6 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012 and aggravated driving under the | ||||||
8 | influence of alcohol, other drug or drugs, | ||||||
9 | intoxicating compound or compounds, or any combination | ||||||
10 | thereof under subdivision (d)(1)(F) of Section 11-501 | ||||||
11 | of this Code.
| ||||||
12 | If any of the above violations or refusals occurred | ||||||
13 | while
transporting hazardous material(s) required to be | ||||||
14 | placarded, the person
shall be disqualified for a period of | ||||||
15 | not less than 3 years; or
| ||||||
16 | (4) (Blank). If the person is a qualifying patient | ||||||
17 | licensed under the Compassionate Use of Medical Cannabis | ||||||
18 | Pilot Program Act who is in possession of a valid registry | ||||||
19 | card issued under that Act, operating a commercial motor | ||||||
20 | vehicle under impairment resulting from the consumption of | ||||||
21 | cannabis, as determined by failure of standardized field | ||||||
22 | sobriety tests administered by a law enforcement officer as | ||||||
23 | directed by subsection (a-5) of Section 11-501.2. | ||||||
24 | (b) A person is disqualified for life for a second | ||||||
25 | conviction of any of
the offenses specified in paragraph (a), | ||||||
26 | or any combination of those
offenses, arising from 2 or more |
| |||||||
| |||||||
1 | separate incidents.
| ||||||
2 | (c) A person is disqualified from driving a commercial | ||||||
3 | motor vehicle for
life if the person either (i) uses a | ||||||
4 | commercial motor vehicle in the commission of any felony
| ||||||
5 | involving the manufacture, distribution, or dispensing of a | ||||||
6 | controlled
substance, or possession with intent to | ||||||
7 | manufacture, distribute or dispense
a controlled substance or | ||||||
8 | (ii) if the person is a CDL holder, uses a non-CMV in the | ||||||
9 | commission of a felony involving any of those activities.
| ||||||
10 | (d) The Secretary of State may, when the United States | ||||||
11 | Secretary of
Transportation so authorizes, issue regulations | ||||||
12 | in which a disqualification
for life under paragraph (b) may be | ||||||
13 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
14 | driver is subsequently convicted of another disqualifying
| ||||||
15 | offense, as specified in subsection (a) of this Section, he or | ||||||
16 | she shall be
permanently disqualified for life and shall be | ||||||
17 | ineligible to again apply for a
reduction of the lifetime | ||||||
18 | disqualification.
| ||||||
19 | (e) A person is disqualified from driving a commercial | ||||||
20 | motor vehicle for
a period of not less than 2 months if | ||||||
21 | convicted of 2 serious traffic
violations, committed in a | ||||||
22 | commercial motor vehicle, non-CMV while holding a CDL, or any | ||||||
23 | combination thereof, arising from separate
incidents, | ||||||
24 | occurring within a 3 year period, provided the serious traffic | ||||||
25 | violation committed in a non-CMV would result in the suspension | ||||||
26 | or revocation of the CDL holder's non-CMV privileges. However, |
| |||||||
| |||||||
1 | a person will be
disqualified from driving a commercial motor | ||||||
2 | vehicle for a period of not less
than 4 months if convicted of | ||||||
3 | 3 serious traffic violations, committed in a
commercial motor | ||||||
4 | vehicle, non-CMV while holding a CDL, or any combination | ||||||
5 | thereof, arising from separate incidents, occurring within a 3
| ||||||
6 | year period, provided the serious traffic violation committed | ||||||
7 | in a non-CMV would result in the suspension or revocation of | ||||||
8 | the CDL holder's non-CMV privileges. If all the convictions | ||||||
9 | occurred in a non-CMV, the disqualification shall be entered | ||||||
10 | only if the convictions would result in the suspension or | ||||||
11 | revocation of the CDL holder's non-CMV privileges.
| ||||||
12 | (e-1) (Blank).
| ||||||
13 | (f) Notwithstanding any other provision of this Code, any | ||||||
14 | driver
disqualified from operating a commercial motor vehicle, | ||||||
15 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
16 | of commercial driving
privileges during any such period of | ||||||
17 | disqualification.
| ||||||
18 | (g) After suspending, revoking, or cancelling a commercial | ||||||
19 | driver's
license, the Secretary of State must update the | ||||||
20 | driver's records to reflect
such action within 10 days. After | ||||||
21 | suspending or revoking the driving privilege
of any person who | ||||||
22 | has been issued a CDL or commercial driver instruction permit
| ||||||
23 | from another jurisdiction, the Secretary shall originate | ||||||
24 | notification to
such issuing jurisdiction within 10 days.
| ||||||
25 | (h) The "disqualifications" referred to in this Section | ||||||
26 | shall not be
imposed upon any commercial motor vehicle driver, |
| |||||||
| |||||||
1 | by the Secretary of
State, unless the prohibited action(s) | ||||||
2 | occurred after March 31, 1992.
| ||||||
3 | (i) A person is disqualified from driving a commercial | ||||||
4 | motor vehicle in
accordance with the following:
| ||||||
5 | (1) For 6 months upon a first conviction of paragraph | ||||||
6 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
7 | of this Code.
| ||||||
8 | (2) For 2 years upon a second conviction of paragraph | ||||||
9 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
10 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
11 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
12 | within a 10-year period if the second conviction is a | ||||||
13 | violation of paragraph (2) of subsection (b) or subsection | ||||||
14 | (b-3).
| ||||||
15 | (3) For 3 years upon a third or subsequent conviction | ||||||
16 | of paragraph (2) of
subsection (b) or subsection (b-3) or | ||||||
17 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
18 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
19 | within a 10-year period if the third or subsequent | ||||||
20 | conviction is a violation of paragraph (2) of subsection | ||||||
21 | (b) or subsection (b-3).
| ||||||
22 | (4) For one year upon a first conviction of paragraph | ||||||
23 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
24 | of this Code.
| ||||||
25 | (5) For 3 years upon a second conviction of paragraph | ||||||
26 | (3) of subsection
(b) or subsection (b-5) or any |
| |||||||
| |||||||
1 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
2 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
3 | within a 10-year period if the second conviction is a | ||||||
4 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
5 | (6) For 5 years upon a third or subsequent conviction | ||||||
6 | of paragraph (3) of
subsection (b) or subsection (b-5) 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 (3) of subsection | ||||||
11 | (b) or (b-5).
| ||||||
12 | (j) Disqualification for railroad-highway grade crossing
| ||||||
13 | violation.
| ||||||
14 | (1) General rule. A driver who is convicted of a | ||||||
15 | violation of a federal,
State, or
local law or regulation | ||||||
16 | pertaining to
one of the following 6 offenses at a | ||||||
17 | railroad-highway grade crossing must be
disqualified
from | ||||||
18 | operating a commercial motor vehicle for the period of time | ||||||
19 | specified in
paragraph (2) of this subsection (j) if the | ||||||
20 | offense was committed while
operating a commercial motor | ||||||
21 | vehicle:
| ||||||
22 | (i) For drivers who are not required to always | ||||||
23 | stop, failing to
slow down and check that the tracks | ||||||
24 | are clear of an approaching train or railroad track | ||||||
25 | equipment, as
described in subsection (a-5) of Section | ||||||
26 | 11-1201 of this Code;
|
| |||||||
| |||||||
1 | (ii) For drivers who are not required to always | ||||||
2 | stop, failing to
stop before reaching the crossing, if | ||||||
3 | the tracks are not clear, as described in
subsection | ||||||
4 | (a) of Section 11-1201 of this Code;
| ||||||
5 | (iii) For drivers who are always required to stop, | ||||||
6 | failing to stop
before driving onto the crossing, as | ||||||
7 | described in Section 11-1202 of this Code;
| ||||||
8 | (iv) For all drivers, failing to have sufficient | ||||||
9 | space to drive
completely through the crossing without | ||||||
10 | stopping, as described in subsection
(b) of Section | ||||||
11 | 11-1425 of this Code;
| ||||||
12 | (v) For all drivers, failing to obey a traffic | ||||||
13 | control device or
the directions of an enforcement | ||||||
14 | official at the crossing, as described in
subdivision | ||||||
15 | (a)2 of Section 11-1201 of this Code;
| ||||||
16 | (vi) For all drivers, failing to negotiate a | ||||||
17 | crossing because of
insufficient undercarriage | ||||||
18 | clearance, as described in subsection (d-1) of
Section | ||||||
19 | 11-1201 of this Code.
| ||||||
20 | (2) Duration of disqualification for railroad-highway | ||||||
21 | grade
crossing violation.
| ||||||
22 | (i) First violation. A driver must be disqualified | ||||||
23 | from operating a
commercial motor vehicle
for not less | ||||||
24 | than 60 days if the driver is convicted of a violation | ||||||
25 | described
in paragraph
(1) of this subsection (j) and, | ||||||
26 | in the three-year period preceding the
conviction, the |
| |||||||
| |||||||
1 | driver
had no convictions for a violation described in | ||||||
2 | paragraph (1) of this
subsection (j).
| ||||||
3 | (ii) Second violation. A driver must be | ||||||
4 | disqualified from operating a
commercial
motor vehicle
| ||||||
5 | for not less
than 120 days if the driver is convicted
| ||||||
6 | of a violation described in paragraph (1) of this | ||||||
7 | subsection (j) and, in the
three-year
period preceding | ||||||
8 | the conviction, the driver had one other conviction for | ||||||
9 | a
violation
described in paragraph (1) of this | ||||||
10 | subsection (j) that was committed in a
separate
| ||||||
11 | incident.
| ||||||
12 | (iii) Third or subsequent violation. A driver must | ||||||
13 | be disqualified from
operating a
commercial motor | ||||||
14 | vehicle
for not less than one year if the driver is | ||||||
15 | convicted
of a violation described in paragraph (1) of | ||||||
16 | this subsection (j) and, in the
three-year
period | ||||||
17 | preceding the conviction, the driver had 2 or more | ||||||
18 | other convictions for
violations
described in | ||||||
19 | paragraph (1) of this subsection (j) that were | ||||||
20 | committed in
separate incidents.
| ||||||
21 | (k) Upon notification of a disqualification of a driver's | ||||||
22 | commercial motor vehicle privileges imposed by the U.S. | ||||||
23 | Department of Transportation, Federal Motor Carrier Safety | ||||||
24 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
25 | Secretary of State shall immediately record to the driving | ||||||
26 | record the notice of disqualification and confirm to the driver |
| |||||||
| |||||||
1 | the action that has been taken.
| ||||||
2 | (l) A foreign commercial driver is subject to | ||||||
3 | disqualification under this Section. | ||||||
4 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
5 | 98-122, eff. 1-1-14; 98-722, eff. 7-16-14; 98-756, eff. | ||||||
6 | 7-16-14.)
| ||||||
7 | (Text of Section after amendment by P.A. 98-176 )
| ||||||
8 | Sec. 6-514. Commercial driver's license (CDL); commercial | ||||||
9 | learner's permit (CLP); disqualifications.
| ||||||
10 | (a) A person shall be disqualified from driving a | ||||||
11 | commercial motor
vehicle for a period of not less than 12 | ||||||
12 | months for the first violation of:
| ||||||
13 | (1) Refusing to submit to or failure to complete a test | ||||||
14 | or tests to determine the driver's blood concentration of | ||||||
15 | alcohol, other drug, or both authorized under Section | ||||||
16 | 11-501.1
while driving a commercial motor vehicle or, if | ||||||
17 | the driver is a CLP or CDL holder, while driving a non-CMV; | ||||||
18 | or
| ||||||
19 | (2) Operating a commercial motor vehicle while the | ||||||
20 | alcohol
concentration of the person's blood, breath or | ||||||
21 | urine is at least 0.04, or any
amount of a drug, substance, | ||||||
22 | or compound in the person's blood or urine
resulting from | ||||||
23 | the unlawful use or consumption of cannabis listed in the
| ||||||
24 | Cannabis Control Act, a controlled substance listed in the | ||||||
25 | Illinois
Controlled Substances Act, or methamphetamine as |
| |||||||
| |||||||
1 | listed in the Methamphetamine Control and Community | ||||||
2 | Protection Act as indicated by a police officer's sworn | ||||||
3 | report or
other verified evidence; or operating a | ||||||
4 | non-commercial motor vehicle while the alcohol | ||||||
5 | concentration of the person's blood, breath, or urine was | ||||||
6 | above the legal limit defined in Section 11-501.1 or | ||||||
7 | 11-501.8 or any amount of a drug, substance, or compound in | ||||||
8 | the person's blood or urine resulting from the unlawful use | ||||||
9 | or consumption of cannabis listed in the Cannabis Control | ||||||
10 | Act, a controlled substance listed in the Illinois | ||||||
11 | Controlled Substances Act, or methamphetamine as listed in | ||||||
12 | the Methamphetamine Control and Community Protection Act
| ||||||
13 | as indicated by a police officer's sworn report or other | ||||||
14 | verified evidence while holding a CLP or CDL; or
| ||||||
15 | (3) Conviction for a first violation of:
| ||||||
16 | (i) Driving a commercial motor vehicle or, if the | ||||||
17 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
18 | under the influence of
alcohol, or any other drug, or | ||||||
19 | combination of drugs to a degree which
renders such | ||||||
20 | person incapable of safely driving; or
| ||||||
21 | (ii) Knowingly leaving the scene of an accident | ||||||
22 | while
operating a commercial motor vehicle or, if the | ||||||
23 | driver is a CLP or CDL holder, while driving a non-CMV; | ||||||
24 | or
| ||||||
25 | (iii) Driving a commercial motor vehicle or, if the | ||||||
26 | driver is a CLP or CDL holder, driving a non-CMV while |
| |||||||
| |||||||
1 | committing any felony; or | ||||||
2 | (iv) Driving a commercial motor vehicle while the | ||||||
3 | person's driving privileges or driver's license or | ||||||
4 | permit is revoked, suspended, or cancelled or the | ||||||
5 | driver is disqualified from operating a commercial | ||||||
6 | motor vehicle; or | ||||||
7 | (v) Causing a fatality through the negligent | ||||||
8 | operation of a commercial motor vehicle, including but | ||||||
9 | not limited to the crimes of motor vehicle | ||||||
10 | manslaughter, homicide by a motor vehicle, and | ||||||
11 | negligent homicide. | ||||||
12 | As used in this subdivision (a)(3)(v), "motor | ||||||
13 | vehicle manslaughter" means the offense of involuntary | ||||||
14 | manslaughter if committed by means of a vehicle; | ||||||
15 | "homicide by a motor vehicle" means the offense of | ||||||
16 | first degree murder or second degree murder, if either | ||||||
17 | offense is committed by means of a vehicle; and | ||||||
18 | "negligent homicide" means reckless homicide under | ||||||
19 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012 and aggravated driving under the | ||||||
21 | influence of alcohol, other drug or drugs, | ||||||
22 | intoxicating compound or compounds, or any combination | ||||||
23 | thereof under subdivision (d)(1)(F) of Section 11-501 | ||||||
24 | of this Code.
| ||||||
25 | If any of the above violations or refusals occurred | ||||||
26 | while
transporting hazardous material(s) required to be |
| |||||||
| |||||||
1 | placarded, the person
shall be disqualified for a period of | ||||||
2 | not less than 3 years; or
| ||||||
3 | (4) (Blank). If the person is a qualifying patient | ||||||
4 | licensed under the Compassionate Use of Medical Cannabis | ||||||
5 | Pilot Program Act who is in possession of a valid registry | ||||||
6 | card issued under that Act, operating a commercial motor | ||||||
7 | vehicle under impairment resulting from the consumption of | ||||||
8 | cannabis, as determined by failure of standardized field | ||||||
9 | sobriety tests administered by a law enforcement officer as | ||||||
10 | directed by subsection (a-5) of Section 11-501.2. | ||||||
11 | (b) A person is disqualified for life for a second | ||||||
12 | conviction of any of
the offenses specified in paragraph (a), | ||||||
13 | or any combination of those
offenses, arising from 2 or more | ||||||
14 | separate incidents.
| ||||||
15 | (c) A person is disqualified from driving a commercial | ||||||
16 | motor vehicle for
life if the person either (i) uses a | ||||||
17 | commercial motor vehicle in the commission of any felony
| ||||||
18 | involving the manufacture, distribution, or dispensing of a | ||||||
19 | controlled
substance, or possession with intent to | ||||||
20 | manufacture, distribute or dispense
a controlled substance or | ||||||
21 | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the | ||||||
22 | commission of a felony involving any of those activities.
| ||||||
23 | (d) The Secretary of State may, when the United States | ||||||
24 | Secretary of
Transportation so authorizes, issue regulations | ||||||
25 | in which a disqualification
for life under paragraph (b) may be | ||||||
26 | reduced to a period of not less than 10
years.
If a reinstated |
| |||||||
| |||||||
1 | driver is subsequently convicted of another disqualifying
| ||||||
2 | offense, as specified in subsection (a) of this Section, he or | ||||||
3 | she shall be
permanently disqualified for life and shall be | ||||||
4 | ineligible to again apply for a
reduction of the lifetime | ||||||
5 | disqualification.
| ||||||
6 | (e) A person is disqualified from driving a commercial | ||||||
7 | motor vehicle for
a period of not less than 2 months if | ||||||
8 | convicted of 2 serious traffic
violations, committed in a | ||||||
9 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
10 | or any combination thereof, arising from separate
incidents, | ||||||
11 | occurring within a 3 year period, provided the serious traffic | ||||||
12 | violation committed in a non-CMV would result in the suspension | ||||||
13 | or revocation of the CLP or CDL holder's non-CMV privileges. | ||||||
14 | However, a person will be
disqualified from driving a | ||||||
15 | commercial motor vehicle for a period of not less
than 4 months | ||||||
16 | if convicted of 3 serious traffic violations, committed in a
| ||||||
17 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
18 | or any combination thereof, arising from separate incidents, | ||||||
19 | occurring within a 3
year period, provided the serious traffic | ||||||
20 | violation committed in a non-CMV would result in the suspension | ||||||
21 | or revocation of the CLP or CDL holder's non-CMV privileges. If | ||||||
22 | all the convictions occurred in a non-CMV, the disqualification | ||||||
23 | shall be entered only if the convictions would result in the | ||||||
24 | suspension or revocation of the CLP or CDL holder's non-CMV | ||||||
25 | privileges.
| ||||||
26 | (e-1) (Blank).
|
| |||||||
| |||||||
1 | (f) Notwithstanding any other provision of this Code, any | ||||||
2 | driver
disqualified from operating a commercial motor vehicle, | ||||||
3 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
4 | of commercial driving
privileges during any such period of | ||||||
5 | disqualification.
| ||||||
6 | (g) After suspending, revoking, or cancelling a CLP or CDL, | ||||||
7 | the Secretary of State must update the driver's records to | ||||||
8 | reflect
such action within 10 days. After suspending or | ||||||
9 | revoking the driving privilege
of any person who has been | ||||||
10 | issued a CLP or CDL from another jurisdiction, the Secretary | ||||||
11 | shall originate notification to
such issuing jurisdiction | ||||||
12 | within 10 days.
| ||||||
13 | (h) The "disqualifications" referred to in this Section | ||||||
14 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
15 | by the Secretary of
State, unless the prohibited action(s) | ||||||
16 | occurred after March 31, 1992.
| ||||||
17 | (i) A person is disqualified from driving a commercial | ||||||
18 | motor vehicle in
accordance with the following:
| ||||||
19 | (1) For 6 months upon a first conviction of paragraph | ||||||
20 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
21 | of this Code.
| ||||||
22 | (2) For 2 years upon a second conviction of paragraph | ||||||
23 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
24 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
25 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
26 | within a 10-year period if the second conviction is a |
| |||||||
| |||||||
1 | violation of paragraph (2) of subsection (b) or subsection | ||||||
2 | (b-3).
| ||||||
3 | (3) For 3 years upon a third or subsequent conviction | ||||||
4 | of paragraph (2) of
subsection (b) or subsection (b-3) 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 (2) of subsection | ||||||
9 | (b) or subsection (b-3).
| ||||||
10 | (4) For one year upon a first conviction of paragraph | ||||||
11 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
12 | of this Code.
| ||||||
13 | (5) For 3 years upon a second conviction of paragraph | ||||||
14 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
15 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
16 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
17 | within a 10-year period if the second conviction is a | ||||||
18 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
19 | (6) For 5 years upon a third or subsequent conviction | ||||||
20 | of paragraph (3) of
subsection (b) or subsection (b-5) or | ||||||
21 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
22 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
23 | within a 10-year period if the third or subsequent | ||||||
24 | conviction is a violation of paragraph (3) of subsection | ||||||
25 | (b) or (b-5).
| ||||||
26 | (j) Disqualification for railroad-highway grade crossing
|
| |||||||
| |||||||
1 | violation.
| ||||||
2 | (1) General rule. A driver who is convicted of a | ||||||
3 | violation of a federal,
State, or
local law or regulation | ||||||
4 | pertaining to
one of the following 6 offenses at a | ||||||
5 | railroad-highway grade crossing must be
disqualified
from | ||||||
6 | operating a commercial motor vehicle for the period of time | ||||||
7 | specified in
paragraph (2) of this subsection (j) if the | ||||||
8 | offense was committed while
operating a commercial motor | ||||||
9 | vehicle:
| ||||||
10 | (i) For drivers who are not required to always | ||||||
11 | stop, failing to
slow down and check that the tracks | ||||||
12 | are clear of an approaching train or railroad track | ||||||
13 | equipment, as
described in subsection (a-5) of Section | ||||||
14 | 11-1201 of this Code;
| ||||||
15 | (ii) For drivers who are not required to always | ||||||
16 | stop, failing to
stop before reaching the crossing, if | ||||||
17 | the tracks are not clear, as described in
subsection | ||||||
18 | (a) of Section 11-1201 of this Code;
| ||||||
19 | (iii) For drivers who are always required to stop, | ||||||
20 | failing to stop
before driving onto the crossing, as | ||||||
21 | described in Section 11-1202 of this Code;
| ||||||
22 | (iv) For all drivers, failing to have sufficient | ||||||
23 | space to drive
completely through the crossing without | ||||||
24 | stopping, as described in subsection
(b) of Section | ||||||
25 | 11-1425 of this Code;
| ||||||
26 | (v) For all drivers, failing to obey a traffic |
| |||||||
| |||||||
1 | control device or
the directions of an enforcement | ||||||
2 | official at the crossing, as described in
subdivision | ||||||
3 | (a)2 of Section 11-1201 of this Code;
| ||||||
4 | (vi) For all drivers, failing to negotiate a | ||||||
5 | crossing because of
insufficient undercarriage | ||||||
6 | clearance, as described in subsection (d-1) of
Section | ||||||
7 | 11-1201 of this Code.
| ||||||
8 | (2) Duration of disqualification for railroad-highway | ||||||
9 | grade
crossing violation.
| ||||||
10 | (i) First violation. A driver must be disqualified | ||||||
11 | from operating a
commercial motor vehicle
for not less | ||||||
12 | than 60 days if the driver is convicted of a violation | ||||||
13 | described
in paragraph
(1) of this subsection (j) and, | ||||||
14 | in the three-year period preceding the
conviction, the | ||||||
15 | driver
had no convictions for a violation described in | ||||||
16 | paragraph (1) of this
subsection (j).
| ||||||
17 | (ii) Second violation. A driver must be | ||||||
18 | disqualified from operating a
commercial
motor vehicle
| ||||||
19 | for not less
than 120 days if the driver is convicted
| ||||||
20 | of a violation described in paragraph (1) of this | ||||||
21 | subsection (j) and, in the
three-year
period preceding | ||||||
22 | the conviction, the driver had one other conviction for | ||||||
23 | a
violation
described in paragraph (1) of this | ||||||
24 | subsection (j) that was committed in a
separate
| ||||||
25 | incident.
| ||||||
26 | (iii) Third or subsequent violation. A driver must |
| |||||||
| |||||||
1 | be disqualified from
operating a
commercial motor | ||||||
2 | vehicle
for not less than one year if the driver is | ||||||
3 | convicted
of a violation described in paragraph (1) of | ||||||
4 | this subsection (j) and, in the
three-year
period | ||||||
5 | preceding the conviction, the driver had 2 or more | ||||||
6 | other convictions for
violations
described in | ||||||
7 | paragraph (1) of this subsection (j) that were | ||||||
8 | committed in
separate incidents.
| ||||||
9 | (k) Upon notification of a disqualification of a driver's | ||||||
10 | commercial motor vehicle privileges imposed by the U.S. | ||||||
11 | Department of Transportation, Federal Motor Carrier Safety | ||||||
12 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
13 | Secretary of State shall immediately record to the driving | ||||||
14 | record the notice of disqualification and confirm to the driver | ||||||
15 | the action that has been taken.
| ||||||
16 | (l) A foreign commercial driver is subject to | ||||||
17 | disqualification under this Section. | ||||||
18 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
19 | 98-122, eff. 1-1-14; 98-176, eff. 7-8-15 (see Section 10 of | ||||||
20 | P.A. 98-722 for the effective date of changes made by P.A. | ||||||
21 | 98-176); 98-722, eff. 7-16-14; 98-756, eff. 7-16-14.)
| ||||||
22 | (625 ILCS 5/11-501.1)
| ||||||
23 | Sec. 11-501.1. Suspension of drivers license; statutory | ||||||
24 | summary
alcohol, other drug or drugs, or intoxicating compound | ||||||
25 | or
compounds related suspension or revocation; implied |
| |||||||
| |||||||
1 | consent. | ||||||
2 | (a) Any person who drives or is in actual physical control | ||||||
3 | of a motor
vehicle upon the public highways of this State shall | ||||||
4 | be deemed to have given
consent, subject to the provisions of | ||||||
5 | Section 11-501.2, to a chemical test or
tests of blood, breath, | ||||||
6 | or urine for the purpose of determining the content of
alcohol, | ||||||
7 | other drug or drugs, or intoxicating compound or compounds or
| ||||||
8 | any combination thereof in the person's blood if arrested,
as | ||||||
9 | evidenced by the issuance of a Uniform Traffic Ticket, for any | ||||||
10 | offense
as defined in Section 11-501 or a similar provision of | ||||||
11 | a local ordinance, or if arrested for violating Section 11-401.
| ||||||
12 | If a law enforcement officer has probable cause to believe the | ||||||
13 | person was under the influence of alcohol, other drug or drugs, | ||||||
14 | intoxicating compound or compounds, or any combination | ||||||
15 | thereof, the law enforcement officer shall request a chemical | ||||||
16 | test or tests which shall be administered at the direction of | ||||||
17 | the arresting
officer. The law enforcement agency employing the | ||||||
18 | officer shall designate which
of the aforesaid tests shall be | ||||||
19 | administered. A urine test may be administered
even after a | ||||||
20 | blood or breath test or both has
been administered. For | ||||||
21 | purposes of this Section, an Illinois law
enforcement officer | ||||||
22 | of this State who is investigating the person for any
offense | ||||||
23 | defined in Section 11-501 may travel into an adjoining state, | ||||||
24 | where
the person has been transported for medical care, to | ||||||
25 | complete an
investigation and to request that the person submit | ||||||
26 | to the test or tests
set forth in this Section. The |
| |||||||
| |||||||
1 | requirements of this Section that the
person be arrested are | ||||||
2 | inapplicable, but the officer shall issue the person
a Uniform | ||||||
3 | Traffic Ticket for an offense as defined in Section 11-501 or a
| ||||||
4 | similar provision of a local ordinance prior to requesting that | ||||||
5 | the person
submit to the test or tests. The issuance of the | ||||||
6 | Uniform Traffic Ticket
shall not constitute an arrest, but | ||||||
7 | shall be for the purpose of notifying
the person that he or she | ||||||
8 | is subject to the provisions of this Section and
of the | ||||||
9 | officer's belief of the existence of probable cause to
arrest. | ||||||
10 | Upon returning to this State, the officer shall file the | ||||||
11 | Uniform
Traffic Ticket with the Circuit Clerk of the county | ||||||
12 | where the offense was
committed, and shall seek the issuance of | ||||||
13 | an arrest warrant or a summons
for the person. | ||||||
14 | (a-5) (Blank). In addition to the requirements and | ||||||
15 | provisions of subsection (a), any person issued a registry card | ||||||
16 | under the Compassionate Use of Medical Cannabis Pilot Program | ||||||
17 | Act who drives or is in actual physical control of a motor | ||||||
18 | vehicle upon the public highways of this State shall be deemed | ||||||
19 | to have given consent, subject to the provisions of Section | ||||||
20 | 11-501.2, to standardized field sobriety tests approved by the | ||||||
21 | National Highway Traffic Safety Administration if arrested, as | ||||||
22 | evidenced by the issuance of a Uniform Traffic Ticket, for any | ||||||
23 | offense as defined in Section 11-501 or a similar provision of | ||||||
24 | a local ordinance, or if arrested for violating Section 11-401. | ||||||
25 | The person's status as a registry card holder alone is not a | ||||||
26 | sufficient basis for conducting these tests. The officer must |
| |||||||
| |||||||
1 | have an independent, cannabis-related factual basis giving | ||||||
2 | reasonable suspicion that the person is driving under the | ||||||
3 | influence of cannabis for conducting standardized field | ||||||
4 | sobriety tests. This independent basis of suspicion shall be | ||||||
5 | listed on the standardized field sobriety test results and any | ||||||
6 | influence reports made by the arresting officer. | ||||||
7 | (b) Any person who is dead, unconscious, or who is | ||||||
8 | otherwise in a condition
rendering the person incapable of | ||||||
9 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
10 | provided by paragraph (a) of this Section and the test or
tests | ||||||
11 | may be administered, subject to the provisions of Section | ||||||
12 | 11-501.2. | ||||||
13 | (c) A person requested to submit to a test as provided | ||||||
14 | above shall
be warned by the law enforcement officer requesting | ||||||
15 | the test that a
refusal to submit to the test will result in | ||||||
16 | the statutory summary
suspension of the person's privilege to | ||||||
17 | operate a motor vehicle, as provided
in Section 6-208.1 of this | ||||||
18 | Code, and will also result in the disqualification of the | ||||||
19 | person's privilege to operate a commercial motor vehicle, as | ||||||
20 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
21 | holder. The person shall also be warned that a refusal to | ||||||
22 | submit to the test, when the person was involved in a motor | ||||||
23 | vehicle accident that caused personal injury or death to | ||||||
24 | another, will result in the statutory summary revocation of the | ||||||
25 | person's privilege to operate a motor vehicle, as provided in | ||||||
26 | Section 6-208.1, and will also result in the disqualification |
| |||||||
| |||||||
1 | of the person's privilege to operate a commercial motor | ||||||
2 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
3 | person is a CDL holder. The person shall also be warned by the | ||||||
4 | law
enforcement officer that if the person submits to the test | ||||||
5 | or tests
provided in paragraph (a) of this Section and the | ||||||
6 | alcohol concentration in
the person's blood or breath is 0.08 | ||||||
7 | or greater, or any amount of
a
drug, substance, or compound | ||||||
8 | resulting from the unlawful use or consumption
of cannabis as | ||||||
9 | covered by the Cannabis Control Act, a controlled
substance
| ||||||
10 | listed in the Illinois Controlled Substances Act, an | ||||||
11 | intoxicating compound
listed in the Use of Intoxicating | ||||||
12 | Compounds Act, or methamphetamine as listed in the | ||||||
13 | Methamphetamine Control and Community Protection Act is | ||||||
14 | detected in the person's
blood or urine, or if the person fails | ||||||
15 | the standardized field sobriety tests as required by paragraph | ||||||
16 | (a-5), a statutory summary suspension of the person's privilege | ||||||
17 | to
operate a motor vehicle, as provided in Sections 6-208.1 and | ||||||
18 | 11-501.1 of this
Code, and a disqualification of
the person's | ||||||
19 | privilege to operate a commercial motor vehicle, as provided in | ||||||
20 | Section 6-514 of this Code, if the person is a CDL holder, will | ||||||
21 | be imposed. | ||||||
22 | A person who is under the age of 21 at the time the person | ||||||
23 | is requested to
submit to a test as provided above shall, in | ||||||
24 | addition to the warnings provided
for in this Section, be | ||||||
25 | further warned by the law enforcement officer
requesting the | ||||||
26 | test that if the person submits to the test or tests provided |
| |||||||
| |||||||
1 | in
paragraph (a) or (a-5) of this Section and the alcohol | ||||||
2 | concentration in the person's
blood or breath is greater than | ||||||
3 | 0.00 and less than 0.08, a
suspension of the
person's privilege | ||||||
4 | to operate a motor vehicle, as provided under Sections
6-208.2 | ||||||
5 | and 11-501.8 of this Code, will be imposed. The results of this | ||||||
6 | test
shall be admissible in a civil or criminal action or | ||||||
7 | proceeding arising from an
arrest for an offense as defined in | ||||||
8 | Section 11-501 of this Code or a similar
provision of a local | ||||||
9 | ordinance or pursuant to Section 11-501.4 in prosecutions
for | ||||||
10 | reckless homicide brought under the Criminal Code of 1961 or | ||||||
11 | the Criminal Code of 2012. These test
results, however, shall | ||||||
12 | be admissible only in actions or proceedings directly
related | ||||||
13 | to the incident upon which the test request was made. | ||||||
14 | (d) If the person refuses testing or submits to a test that | ||||||
15 | discloses
an alcohol concentration of 0.08 or more, or any | ||||||
16 | amount of a drug,
substance, or intoxicating compound in the | ||||||
17 | person's breath, blood,
or urine resulting from the
unlawful | ||||||
18 | use or consumption of cannabis listed in the Cannabis Control | ||||||
19 | Act, a controlled substance listed in the Illinois Controlled | ||||||
20 | Substances
Act, an intoxicating compound listed in the Use of | ||||||
21 | Intoxicating Compounds
Act, or methamphetamine as listed in the | ||||||
22 | Methamphetamine Control and Community Protection Act, the law | ||||||
23 | enforcement officer shall immediately submit a sworn report to
| ||||||
24 | the
circuit court of venue and the Secretary of State, | ||||||
25 | certifying that the test or
tests was or were requested under | ||||||
26 | paragraph (a) or (a-5) and the person refused to
submit to a |
| |||||||
| |||||||
1 | test, or tests, or submitted to testing that disclosed an | ||||||
2 | alcohol
concentration of 0.08 or more. A sworn report | ||||||
3 | indicating refusal or failure of testing under paragraph (a-5) | ||||||
4 | of this Section shall include the factual basis of the | ||||||
5 | arresting officer's reasonable suspicion that the person was | ||||||
6 | under the influence of cannabis. The person's possession of a | ||||||
7 | valid registry card under the Compassionate Use of Medical | ||||||
8 | Cannabis Pilot Program Act alone is not sufficient basis for | ||||||
9 | reasonable suspicion. | ||||||
10 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
11 | officer
submitted under paragraph (d), the Secretary of State | ||||||
12 | shall enter the
statutory summary suspension or revocation and | ||||||
13 | disqualification for the periods specified in Sections
6-208.1 | ||||||
14 | and 6-514, respectively,
and effective as provided in paragraph | ||||||
15 | (g). | ||||||
16 | If the person is a first offender as defined in Section | ||||||
17 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
18 | Section 11-501
of this Code or a similar provision of a local | ||||||
19 | ordinance, then reports
received by the Secretary of State | ||||||
20 | under this Section shall, except during
the actual time the | ||||||
21 | Statutory Summary Suspension is in effect, be
privileged | ||||||
22 | information and for use only by the courts, police officers,
| ||||||
23 | prosecuting authorities or the Secretary of State, unless the | ||||||
24 | person is a CDL holder, is operating a commercial motor vehicle | ||||||
25 | or vehicle required to be placarded for hazardous materials, in | ||||||
26 | which case the suspension shall not be privileged. Reports |
| |||||||
| |||||||
1 | received by the Secretary of State under this Section shall | ||||||
2 | also be made available to the parent or guardian of a person | ||||||
3 | under the age of 18 years that holds an instruction permit or a | ||||||
4 | graduated driver's license, regardless of whether the | ||||||
5 | statutory summary suspension is in effect. A statutory summary | ||||||
6 | revocation shall not be privileged information. | ||||||
7 | (f) The law enforcement officer submitting the sworn report | ||||||
8 | under paragraph
(d) shall serve immediate notice of the | ||||||
9 | statutory summary suspension or revocation on the
person and | ||||||
10 | the suspension or revocation and disqualification shall be | ||||||
11 | effective as provided in paragraph (g). | ||||||
12 | (1) In
cases where the blood alcohol concentration of | ||||||
13 | 0.08 or greater or
any amount of
a drug, substance, or | ||||||
14 | compound resulting from the unlawful use or consumption
of | ||||||
15 | cannabis as covered by the Cannabis Control Act, a | ||||||
16 | controlled
substance
listed in the Illinois Controlled | ||||||
17 | Substances Act,
an intoxicating compound
listed in the Use | ||||||
18 | of Intoxicating Compounds Act, or methamphetamine as | ||||||
19 | listed in the Methamphetamine Control and Community | ||||||
20 | Protection Act is established by a
subsequent
analysis of | ||||||
21 | blood or urine collected at the time of arrest, the | ||||||
22 | arresting
officer or arresting agency shall give notice as | ||||||
23 | provided in this Section or by
deposit in the United States | ||||||
24 | mail of the notice in an envelope with postage
prepaid and | ||||||
25 | addressed to the person at his address as shown on the | ||||||
26 | Uniform
Traffic Ticket and the statutory summary |
| |||||||
| |||||||
1 | suspension and disqualification shall begin as provided in
| ||||||
2 | paragraph (g). The officer shall confiscate any Illinois | ||||||
3 | driver's license or
permit on the person at the time of | ||||||
4 | arrest. If the person has a valid driver's
license or | ||||||
5 | permit, the officer shall issue the person a receipt, in
a | ||||||
6 | form prescribed by the Secretary of State, that will allow | ||||||
7 | that person
to drive during the periods provided for in | ||||||
8 | paragraph (g). The officer
shall immediately forward the | ||||||
9 | driver's license or permit to the circuit
court of venue | ||||||
10 | along with the sworn report provided for in
paragraph (d). | ||||||
11 | (2) (Blank). In cases indicating refusal or failure of | ||||||
12 | testing under paragraph (a-5) of this Section the arresting | ||||||
13 | officer or arresting agency shall give notice as provided | ||||||
14 | in this Section or by deposit in the United States mail of | ||||||
15 | the notice in an envelope with postage prepaid and | ||||||
16 | addressed to the person at his or her address as shown on | ||||||
17 | the Uniform Traffic Ticket and the statutory summary | ||||||
18 | suspension and disqualification shall begin as provided in | ||||||
19 | paragraph (g). This notice shall include the factual basis | ||||||
20 | of the arresting officer's reasonable suspicion that the | ||||||
21 | person was under the influence of cannabis. The person's | ||||||
22 | possession of a valid registry card under the Compassionate | ||||||
23 | Use of Medical Cannabis Pilot Program Act alone is not | ||||||
24 | sufficient basis for reasonable suspicion. | ||||||
25 | (g) The statutory summary suspension or revocation and | ||||||
26 | disqualification
referred to in this Section shall
take effect |
| |||||||
| |||||||
1 | on the 46th day following the date the notice of the statutory
| ||||||
2 | summary suspension or revocation was given to the person. | ||||||
3 | (h) The following procedure shall apply
whenever a person | ||||||
4 | is arrested for any offense as defined in Section 11-501
or a | ||||||
5 | similar provision of a local ordinance: | ||||||
6 | Upon receipt of the sworn report from the law enforcement | ||||||
7 | officer,
the Secretary of State shall confirm the statutory | ||||||
8 | summary suspension or revocation by
mailing a notice of the | ||||||
9 | effective date of the suspension or revocation to the person | ||||||
10 | and
the court of venue. The Secretary of State shall also mail | ||||||
11 | notice of the effective date of the disqualification to the | ||||||
12 | person. However, should the sworn report be defective by not
| ||||||
13 | containing sufficient information or be completed in error, the
| ||||||
14 | confirmation of the statutory summary suspension or revocation | ||||||
15 | shall not be mailed to the
person or entered to the record; | ||||||
16 | instead, the sworn report shall
be
forwarded to the court of | ||||||
17 | venue with a copy returned to the issuing agency
identifying | ||||||
18 | any defect. | ||||||
19 | (i) As used in this Section, "personal injury" includes any | ||||||
20 | Type A injury as indicated on the traffic accident report | ||||||
21 | completed by a law enforcement officer that requires immediate | ||||||
22 | professional attention in either a doctor's office or a medical | ||||||
23 | facility. A Type A injury includes severely bleeding wounds, | ||||||
24 | distorted extremities, and injuries that require the injured | ||||||
25 | party to be carried from the scene. | ||||||
26 | (Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; |
| |||||||
| |||||||
1 | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14.)
| ||||||
2 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||||||
3 | Sec. 11-501.2. Chemical and other tests.
| ||||||
4 | (a) Upon the trial of any civil or criminal action or | ||||||
5 | proceeding arising out
of an arrest for an offense as defined | ||||||
6 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
7 | pursuant to Section 2-118.1, evidence of the
concentration of | ||||||
8 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
9 | compounds, or any combination thereof in a person's blood
or | ||||||
10 | breath at the time alleged, as determined by analysis of the | ||||||
11 | person's blood,
urine, breath or other bodily substance, shall | ||||||
12 | be admissible. Where such test
is made the following provisions | ||||||
13 | shall apply:
| ||||||
14 | 1. Chemical analyses of the person's blood, urine, | ||||||
15 | breath or other bodily
substance to be considered valid | ||||||
16 | under the provisions of this Section shall
have been | ||||||
17 | performed according to standards promulgated by the | ||||||
18 | Department of State Police
by
a licensed physician, | ||||||
19 | registered nurse, trained phlebotomist, licensed | ||||||
20 | paramedic, or other individual
possessing a valid permit | ||||||
21 | issued by that Department for
this purpose. The Director of | ||||||
22 | State Police is authorized to approve satisfactory
| ||||||
23 | techniques or methods, to ascertain the qualifications and | ||||||
24 | competence of
individuals to conduct such analyses, to | ||||||
25 | issue permits which shall be subject
to termination or |
| |||||||
| |||||||
1 | revocation at the discretion of that Department and to
| ||||||
2 | certify the accuracy of breath testing equipment. The | ||||||
3 | Department
of
State Police shall prescribe regulations as | ||||||
4 | necessary to
implement this
Section.
| ||||||
5 | 2. When a person in this State shall submit to a blood | ||||||
6 | test at the request
of a law enforcement officer under the | ||||||
7 | provisions of Section 11-501.1, only a
physician | ||||||
8 | authorized to practice medicine, a licensed physician | ||||||
9 | assistant, a licensed advanced practice nurse, a | ||||||
10 | registered nurse, trained
phlebotomist, or licensed | ||||||
11 | paramedic, or other
qualified person approved by the | ||||||
12 | Department of State Police may withdraw blood
for the | ||||||
13 | purpose of determining the alcohol, drug, or alcohol and | ||||||
14 | drug content
therein. This limitation shall not apply to | ||||||
15 | the taking of breath or urine
specimens.
| ||||||
16 | When a blood test of a person who has been taken to an | ||||||
17 | adjoining state
for medical treatment is requested by an | ||||||
18 | Illinois law enforcement officer,
the blood may be | ||||||
19 | withdrawn only by a physician authorized to practice
| ||||||
20 | medicine in the adjoining state, a licensed physician | ||||||
21 | assistant, a licensed advanced practice nurse, a | ||||||
22 | registered nurse, a trained
phlebotomist acting under the | ||||||
23 | direction of the physician, or licensed
paramedic. The law
| ||||||
24 | enforcement officer requesting the test shall take custody | ||||||
25 | of the blood
sample, and the blood sample shall be analyzed | ||||||
26 | by a laboratory certified by the
Department of State Police |
| |||||||
| |||||||
1 | for that purpose.
| ||||||
2 | 3. The person tested may have a physician, or a | ||||||
3 | qualified technician,
chemist, registered nurse, or other | ||||||
4 | qualified person of their own choosing
administer a | ||||||
5 | chemical test or tests in addition to any administered at | ||||||
6 | the
direction of a law enforcement officer. The failure or | ||||||
7 | inability to obtain
an additional test by a person shall | ||||||
8 | not preclude the admission of evidence
relating to the test | ||||||
9 | or tests taken at the direction of a law enforcement
| ||||||
10 | officer.
| ||||||
11 | 4. Upon the request of the person who shall submit to a | ||||||
12 | chemical test
or tests at the request of a law enforcement | ||||||
13 | officer, full information
concerning the test or tests | ||||||
14 | shall be made available to the person or such
person's | ||||||
15 | attorney.
| ||||||
16 | 5. Alcohol concentration shall mean either grams of | ||||||
17 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
18 | per 210 liters of breath.
| ||||||
19 | (a-5) Law enforcement officials may use standardized field | ||||||
20 | sobriety tests approved by the National Highway Traffic Safety | ||||||
21 | Administration when conducting investigations of a violation | ||||||
22 | of Section 11-501 or similar local ordinance by drivers | ||||||
23 | suspected of driving under the influence of cannabis. The | ||||||
24 | General Assembly finds that standardized field sobriety tests | ||||||
25 | approved by the National Highway Traffic Safety Administration | ||||||
26 | are divided attention tasks that are intended to determine if a |
| |||||||
| |||||||
1 | person is under the influence of cannabis. The purpose of these | ||||||
2 | tests is to determine the effect of the use of cannabis on a | ||||||
3 | person's capacity to think and act with ordinary care and | ||||||
4 | therefore operate a motor vehicle safely. Therefore, the | ||||||
5 | results of these standardized field sobriety tests, | ||||||
6 | appropriately administered, shall be admissible in the trial of | ||||||
7 | any civil or criminal action or proceeding arising out of an | ||||||
8 | arrest for a cannabis-related offense as defined in Section | ||||||
9 | 11-501 or a similar local ordinance or proceedings under | ||||||
10 | Section 2-118.1 or 2-118.2 . Where a test is made the following | ||||||
11 | provisions shall apply: | ||||||
12 | 1. The person tested may have a physician, or a | ||||||
13 | qualified technician, chemist, registered nurse, or other | ||||||
14 | qualified person of their own choosing administer a | ||||||
15 | chemical test or tests in addition to the standardized | ||||||
16 | field sobriety test or tests administered at the direction | ||||||
17 | of a law enforcement officer. The failure or inability to | ||||||
18 | obtain an additional test by a person does not preclude the | ||||||
19 | admission of evidence relating to the test or tests taken | ||||||
20 | at the direction of a law enforcement officer. | ||||||
21 | 2. Upon the request of the person who shall submit to a | ||||||
22 | standardized field sobriety test or tests at the request of | ||||||
23 | a law enforcement officer, full information concerning the | ||||||
24 | test or tests shall be made available to the person or the | ||||||
25 | person's attorney. | ||||||
26 | 3. At the trial of any civil or criminal action or |
| |||||||
| |||||||
1 | proceeding arising out of an arrest for an offense as | ||||||
2 | defined in Section 11-501 or a similar local ordinance or | ||||||
3 | proceedings under Section 2-118.1 or 2-118.2 in which the | ||||||
4 | results of these standardized field sobriety tests are | ||||||
5 | admitted, the cardholder may present and the trier of fact | ||||||
6 | may consider evidence that the card holder lacked the | ||||||
7 | physical capacity to perform the standardized field | ||||||
8 | sobriety tests. | ||||||
9 | (b) Upon the trial of any civil or criminal action or | ||||||
10 | proceeding arising
out of acts alleged to have been committed | ||||||
11 | by any person while driving or
in actual physical control of a | ||||||
12 | vehicle while under the influence of alcohol,
the concentration | ||||||
13 | of alcohol in the person's blood or breath at the time
alleged | ||||||
14 | as shown by analysis of the person's blood, urine, breath, or | ||||||
15 | other
bodily substance shall give rise to the following | ||||||
16 | presumptions:
| ||||||
17 | 1. If there was at that time an alcohol concentration | ||||||
18 | of 0.05 or less,
it shall be presumed that the person was | ||||||
19 | not under the influence of alcohol.
| ||||||
20 | 2. If there was at that time an alcohol concentration | ||||||
21 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
22 | give rise to any
presumption that
the person was or was not | ||||||
23 | under the influence of alcohol, but such fact
may be | ||||||
24 | considered with other competent evidence in determining | ||||||
25 | whether the
person was under the influence of alcohol.
| ||||||
26 | 3. If there was at that time an alcohol concentration |
| |||||||
| |||||||
1 | of 0.08
or more,
it shall be presumed that the person was | ||||||
2 | under the influence of alcohol.
| ||||||
3 | 4. The foregoing provisions of this Section shall not | ||||||
4 | be construed as
limiting the introduction of any other | ||||||
5 | relevant evidence bearing upon the
question whether the | ||||||
6 | person was under the influence of alcohol.
| ||||||
7 | (c) 1. If a person under arrest refuses to submit to a | ||||||
8 | chemical test
under
the provisions of Section 11-501.1, | ||||||
9 | evidence of refusal shall be admissible
in any civil or | ||||||
10 | criminal action or proceeding arising out of acts alleged
to | ||||||
11 | have been committed while the person under the influence of | ||||||
12 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
13 | compounds, or
any combination thereof was driving or in actual | ||||||
14 | physical
control of a motor vehicle.
| ||||||
15 | 2. Notwithstanding any ability to refuse under this Code to | ||||||
16 | submit to
these tests or any ability to revoke the implied | ||||||
17 | consent to these tests, if a
law enforcement officer has | ||||||
18 | probable cause to believe that a motor vehicle
driven by or in | ||||||
19 | actual physical control of a person under the influence of
| ||||||
20 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
21 | compounds,
or any combination thereof
has caused the death or
| ||||||
22 | personal injury to another, the law enforcement officer shall | ||||||
23 | request, and that person shall submit, upon the request of a | ||||||
24 | law
enforcement officer, to a chemical test or tests of his or | ||||||
25 | her blood, breath or
urine for the purpose of
determining the | ||||||
26 | alcohol content thereof or the presence of any other drug or
|
| |||||||
| |||||||
1 | combination of both.
| ||||||
2 | This provision does not affect the applicability of or | ||||||
3 | imposition of driver's
license sanctions under Section | ||||||
4 | 11-501.1 of this Code.
| ||||||
5 | 3. For purposes of this Section, a personal injury includes | ||||||
6 | any Type A
injury as indicated on the traffic accident report | ||||||
7 | completed by a law
enforcement officer that requires immediate | ||||||
8 | professional attention in either a
doctor's office or a medical | ||||||
9 | facility. A Type A injury includes severe
bleeding wounds, | ||||||
10 | distorted extremities, and injuries that require the injured
| ||||||
11 | party to be carried from the scene.
| ||||||
12 | (d) If a person refuses standardized field sobriety tests | ||||||
13 | under Section 11-501.9 of this Code, evidence of refusal shall | ||||||
14 | be admissible in any civil or criminal action or proceeding | ||||||
15 | arising out of acts committed while the person was driving or | ||||||
16 | in actual physical control of a vehicle and alleged to have | ||||||
17 | been impaired by the use of cannabis. | ||||||
18 | (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; | ||||||
19 | 97-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff. | ||||||
20 | 8-15-14.)
| ||||||
21 | (625 ILCS 5/11-501.9 new) | ||||||
22 | Sec. 11-501.9. Suspension of driver's license; medical | ||||||
23 | cannabis card holder; failure or refusal of field sobriety | ||||||
24 | tests; implied consent. | ||||||
25 | (a) A person who has been issued a registry identification |
| |||||||
| |||||||
1 | card under the Compassionate Use of Medical Cannabis Pilot | ||||||
2 | Program Act who drives or is in actual physical control of a | ||||||
3 | motor vehicle upon the public highways of this State shall be | ||||||
4 | deemed to have given consent to standardized field sobriety | ||||||
5 | tests approved by the National Highway Traffic Safety | ||||||
6 | Administration, under subsection (a-5) of Section 11-501.2 of | ||||||
7 | this Code, if detained by a law enforcement officer who has a | ||||||
8 | reasonable suspicion that the person is driving or is in actual | ||||||
9 | physical control of a motor vehicle while impaired by the use | ||||||
10 | of cannabis. The law enforcement officer must have an | ||||||
11 | independent, cannabis-related factual basis giving reasonable | ||||||
12 | suspicion that the person is driving or in actual physical | ||||||
13 | control of a motor vehicle while impaired by the use of | ||||||
14 | cannabis for conducting standardized field sobriety tests, | ||||||
15 | which shall be included with the results of the field sobriety | ||||||
16 | tests in any report made by the law enforcement officer who | ||||||
17 | requests the test. The person's possession of a registry | ||||||
18 | identification card issued under the Compassionate Use of | ||||||
19 | Medical Cannabis Pilot Program Act alone is not a sufficient | ||||||
20 | basis for reasonable suspicion. | ||||||
21 | For purposes of this Section, a law enforcement officer of | ||||||
22 | this State who is investigating a person for an offense under | ||||||
23 | Section 11-501 of this Code may travel into an adjoining state | ||||||
24 | where the person has been transported for medical care to | ||||||
25 | complete an investigation and to request that the person submit | ||||||
26 | to field sobriety tests under this Section. |
| |||||||
| |||||||
1 | (b) A person who is unconscious, or otherwise in a | ||||||
2 | condition rendering the person incapable of refusal, shall be | ||||||
3 | deemed to have withdrawn the consent provided by subsection (a) | ||||||
4 | of this Section. | ||||||
5 | (c) A person requested to submit to field sobriety tests, | ||||||
6 | as provided in this Section, shall be warned by the law | ||||||
7 | enforcement officer requesting the field sobriety tests that a | ||||||
8 | refusal to submit to the field sobriety tests will result in | ||||||
9 | the suspension of the person's privilege to operate a motor | ||||||
10 | vehicle, as provided in subsection (f) of this Section. The | ||||||
11 | person shall also be warned by the law enforcement officer that | ||||||
12 | if the person submits to field sobriety tests as provided in | ||||||
13 | this Section which disclose the person is impaired by the use | ||||||
14 | of cannabis, a suspension of the person's privilege to operate | ||||||
15 | a motor vehicle, as provided in subsection (f) of this Section, | ||||||
16 | will be imposed. | ||||||
17 | (d) The results of field sobriety tests administered under | ||||||
18 | this Section shall be admissible in a civil or criminal action | ||||||
19 | or proceeding arising from an arrest for an offense as defined | ||||||
20 | in Section 11-501 of this Code or a similar provision of a | ||||||
21 | local ordinance. These test results shall be admissible only in | ||||||
22 | actions or proceedings directly related to the incident upon | ||||||
23 | which the test request was made. | ||||||
24 | (e) If the person refuses field sobriety tests or submits | ||||||
25 | to field sobriety tests that disclose the person is impaired by | ||||||
26 | the use of cannabis, the law enforcement officer shall |
| |||||||
| |||||||
1 | immediately submit a sworn report to the circuit court of venue | ||||||
2 | and the Secretary of State certifying that testing was | ||||||
3 | requested under this Section and that the person refused to | ||||||
4 | submit to field sobriety tests or submitted to field sobriety | ||||||
5 | tests that disclosed the person was impaired by the use of | ||||||
6 | cannabis. The sworn report must include the law enforcement | ||||||
7 | officer's factual basis for reasonable suspicion that the | ||||||
8 | person was impaired by the use of cannabis. | ||||||
9 | (f) Upon receipt of the sworn report of a law enforcement | ||||||
10 | officer submitted under subsection (e) of this Section, the | ||||||
11 | Secretary of State shall enter the suspension to the driving | ||||||
12 | record as follows: | ||||||
13 | (1) for refusal or failure to complete field sobriety | ||||||
14 | tests, a 12 month suspension shall be entered; or | ||||||
15 | (2) for submitting to field sobriety tests that | ||||||
16 | disclosed the driver was impaired by the use of cannabis, a | ||||||
17 | 6 month suspension shall be entered. | ||||||
18 | The Secretary of State shall confirm the suspension by | ||||||
19 | mailing a notice of the effective date of the suspension to the | ||||||
20 | person and the court of venue. However, should the sworn report | ||||||
21 | be defective for insufficient information or be completed in | ||||||
22 | error, the confirmation of the suspension shall not be mailed | ||||||
23 | to the person or entered to the record; instead, the sworn | ||||||
24 | report shall be forwarded to the court of venue with a copy | ||||||
25 | returned to the issuing agency identifying the defect. | ||||||
26 | (g) The law enforcement officer submitting the sworn report |
| |||||||
| |||||||
1 | under subsection (e) of this Section shall serve immediate | ||||||
2 | notice of the suspension on the person and the suspension shall | ||||||
3 | be effective as provided in subsection (h) of this Section. If | ||||||
4 | immediate notice of the suspension cannot be given, the | ||||||
5 | arresting officer or arresting agency shall give notice by | ||||||
6 | deposit in the United States mail of the notice in an envelope | ||||||
7 | with postage prepaid and addressed to the person at his or her | ||||||
8 | address as shown on the Uniform Traffic Ticket and the | ||||||
9 | suspension shall begin as provided in subsection (h) of this | ||||||
10 | Section. The officer shall confiscate any Illinois driver's | ||||||
11 | license or permit on the person at the time of arrest. If the | ||||||
12 | person has a valid driver's license or permit, the officer | ||||||
13 | shall issue the person a receipt, in a form prescribed by the | ||||||
14 | Secretary of State, that will allow the person to drive during | ||||||
15 | the period provided for in subsection (h) of this Section. The | ||||||
16 | officer shall immediately forward the driver's license or | ||||||
17 | permit to the circuit court of venue along with the sworn | ||||||
18 | report under subsection (e) of this Section. | ||||||
19 | (h) The suspension under subsection (f) of this Section | ||||||
20 | shall take effect on the 46th day following the date the notice | ||||||
21 | of the suspension was given to the person. | ||||||
22 | (i) When a driving privilege has been suspended under this | ||||||
23 | Section and the person is subsequently convicted of violating | ||||||
24 | Section 11-501 of this Code, or a similar provision of a local | ||||||
25 | ordinance, for the same incident, any period served on | ||||||
26 | suspension under this Section shall be credited toward the |
| |||||||
| |||||||
1 | minimum period of revocation of driving privileges imposed | ||||||
2 | under Section 6-205 of this Code.
| ||||||
3 | Section 95. No acceleration or delay. Where this Act makes | ||||||
4 | changes in a statute that is represented in this Act by text | ||||||
5 | that is not yet or no longer in effect (for example, a Section | ||||||
6 | represented by multiple versions), the use of that text does | ||||||
7 | not accelerate or delay the taking effect of (i) the changes | ||||||
8 | made by this Act or (ii) provisions derived from any other | ||||||
9 | Public Act.
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
|