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| Public Act 096-1080 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-514, 6-518, 6-524, 11-501.1, and 11-501.8 as | ||||
follows:
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(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
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Sec. 6-514. Commercial Driver's License (CDL) - | ||||
Disqualifications.
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(a) A person shall be disqualified from driving a | ||||
commercial motor
vehicle for a period of not less than 12 | ||||
months for the first violation of:
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(1) Refusing to submit to or failure to complete a test | ||||
or tests to
determine the driver's blood concentration of | ||||
alcohol, other drug, or both,
while driving a commercial | ||||
motor vehicle or, if the driver is a CDL holder, while | ||||
driving a non-CMV; or
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(2) Operating a commercial motor vehicle while the | ||||
alcohol
concentration of the person's blood, breath or | ||||
urine is at least 0.04, or any
amount of a drug, substance, | ||||
or compound in the person's blood or urine
resulting from | ||||
the unlawful use or consumption of cannabis listed in the
| ||||
Cannabis Control Act, a controlled substance listed in the | ||||
Illinois
Controlled Substances Act, or methamphetamine as | ||
listed in the Methamphetamine Control and Community | ||
Protection Act as indicated by a police officer's sworn | ||
report or
other verified evidence; or operating a | ||
non-commercial motor vehicle while the alcohol | ||
concentration of the person's blood, breath, or urine was | ||
above the legal limit defined in Section 11-501.1 or | ||
11-501.8 or any amount of a drug, substance, or compound in | ||
the person's blood or urine resulting from the unlawful use | ||
or consumption of cannabis listed in the Cannabis Control | ||
Act, a controlled substance listed in the Illinois | ||
Controlled Substances Act, or methamphetamine as listed in | ||
the Methamphetamine Control and Community Protection Act
| ||
as indicated by a police officer's sworn report or other | ||
verified evidence while holding a commercial driver's | ||
license; or
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(3) Conviction for a first violation of:
| ||
(i) Driving a commercial motor vehicle or, if the | ||
driver is a CDL holder, driving a non-CMV while under | ||
the influence of
alcohol, or any other drug, or | ||
combination of drugs to a degree which
renders such | ||
person incapable of safely driving; or
| ||
(ii) Knowingly and wilfully leaving the scene of an | ||
accident while
operating a commercial motor vehicle | ||
or, if the driver is a CDL holder, while driving a | ||
non-CMV; or
| ||
(iii) Driving a commercial motor vehicle or, if the | ||
driver is a CDL holder, driving a non-CMV while | ||
committing any felony; or | ||
(iv) Driving a commercial motor vehicle while the | ||
person's driving privileges or driver's license or | ||
permit is revoked, suspended, or cancelled or the | ||
driver is disqualified from operating a commercial | ||
motor vehicle; or | ||
(v) Causing a fatality through the negligent | ||
operation of a commercial motor vehicle, including but | ||
not limited to the crimes of motor vehicle | ||
manslaughter, homicide by a motor vehicle, and | ||
negligent homicide. | ||
As used in this subdivision (a)(3)(v), "motor | ||
vehicle manslaughter" means the offense of involuntary | ||
manslaughter if committed by means of a vehicle; | ||
"homicide by a motor vehicle" means the offense of | ||
first degree murder or second degree murder, if either | ||
offense is committed by means of a vehicle; and | ||
"negligent homicide" means reckless homicide under | ||
Section 9-3 of the Criminal Code of 1961 and aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof under subdivision (d)(1)(F) of | ||
Section 11-501 of this Code.
| ||
If any of the above violations or refusals occurred | ||
while
transporting hazardous material(s) required to be | ||
placarded, the person
shall be disqualified for a period of | ||
not less than 3 years.
| ||
(b) A person is disqualified for life for a second | ||
conviction of any of
the offenses specified in paragraph (a), | ||
or any combination of those
offenses, arising from 2 or more | ||
separate incidents.
| ||
(c) A person is disqualified from driving a commercial | ||
motor vehicle for
life if the person either (i) uses a | ||
commercial motor vehicle in the commission of any felony
| ||
involving the manufacture, distribution, or dispensing of a | ||
controlled
substance, or possession with intent to | ||
manufacture, distribute or dispense
a controlled substance or | ||
(ii) if the person is a CDL holder, uses a non-CMV in the | ||
commission of a felony involving any of those activities.
| ||
(d) The Secretary of State may, when the United States | ||
Secretary of
Transportation so authorizes, issue regulations | ||
in which a disqualification
for life under paragraph (b) may be | ||
reduced to a period of not less than 10
years.
If a reinstated | ||
driver is subsequently convicted of another disqualifying
| ||
offense, as specified in subsection (a) of this Section, he or | ||
she shall be
permanently disqualified for life and shall be | ||
ineligible to again apply for a
reduction of the lifetime | ||
disqualification.
| ||
(e) A person is disqualified from driving a commercial | ||
motor vehicle for
a period of not less than 2 months if | ||
convicted of 2 serious traffic
violations, committed in a | ||
commercial motor vehicle, non-CMV while holding a CDL, or any | ||
combination thereof, arising from separate
incidents, | ||
occurring within a 3 year period, provided the serious traffic | ||
violation committed in a non-CMV would result in the suspension | ||
or revocation of the CDL holder's non-CMV privileges. However, | ||
a person will be
disqualified from driving a commercial motor | ||
vehicle for a period of not less
than 4 months if convicted of | ||
3 serious traffic violations, committed in a
commercial motor | ||
vehicle, non-CMV while holding a CDL, or any combination | ||
thereof, arising from separate incidents, occurring within a 3
| ||
year period, provided the serious traffic violation committed | ||
in a non-CMV would result in the suspension or revocation of | ||
the CDL holder's non-CMV privileges. If all the convictions | ||
occurred in a non-CMV, the disqualification shall be entered | ||
only if the convictions would result in the suspension or | ||
revocation of the CDL holder's non-CMV privileges.
| ||
(e-1) (Blank). A person is disqualified from driving a | ||
commercial motor vehicle for a period of not less than 2 months | ||
if convicted of 2 serious traffic violations committed in a | ||
non-CMV while holding a CDL, arising from separate incidents, | ||
occurring within a 3 year period, if the convictions would | ||
result in the suspension or revocation of the CDL holder's | ||
non-CMV privileges. A person shall be disqualified from driving | ||
a commercial motor vehicle for a period of not less than 4 | ||
months, however, if he or she is convicted of 3 or more serious | ||
traffic violations committed in a non-CMV while holding a CDL, | ||
arising from separate incidents, occurring within a 3 year | ||
period, if the convictions would result in the suspension or | ||
revocation of the CDL holder's non-CMV privileges.
| ||
(f) Notwithstanding any other provision of this Code, any | ||
driver
disqualified from operating a commercial motor vehicle, | ||
pursuant to this
UCDLA, shall not be eligible for restoration | ||
of commercial driving
privileges during any such period of | ||
disqualification.
| ||
(g) After suspending, revoking, or cancelling a commercial | ||
driver's
license, the Secretary of State must update the | ||
driver's records to reflect
such action within 10 days. After | ||
suspending or revoking the driving privilege
of any person who | ||
has been issued a CDL or commercial driver instruction permit
| ||
from another jurisdiction, the Secretary shall originate | ||
notification to
such issuing jurisdiction within 10 days.
| ||
(h) The "disqualifications" referred to in this Section | ||
shall not be
imposed upon any commercial motor vehicle driver, | ||
by the Secretary of
State, unless the prohibited action(s) | ||
occurred after March 31, 1992.
| ||
(i) A person is disqualified from driving a commercial | ||
motor vehicle in
accordance with the following:
| ||
(1) For 6 months upon a first conviction of paragraph | ||
(2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||
of this Code.
| ||
(2) For 2 years upon a second conviction of paragraph | ||
(2) of subsection
(b) or subsection (b-3) or any | ||
combination of paragraphs (2) or (3) of subsection (b) or | ||
subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the second conviction is a | ||
violation of paragraph (2) of subsection (b) or subsection | ||
(b-3).
| ||
(3) For 3 years upon a third or subsequent conviction | ||
of paragraph (2) of
subsection (b) or subsection (b-3) or | ||
any combination of paragraphs (2) or (3) of subsection (b) | ||
or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the third or subsequent | ||
conviction is a violation of paragraph (2) of subsection | ||
(b) or subsection (b-3).
| ||
(4) For one year upon a first conviction of paragraph | ||
(3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||
of this Code.
| ||
(5) For 3 years upon a second conviction of paragraph | ||
(3) of subsection
(b) or subsection (b-5) or any | ||
combination of paragraphs (2) or (3) of subsection (b) or | ||
subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the second conviction is a | ||
violation of paragraph (3) of subsection (b) or (b-5).
| ||
(6) For 5 years upon a third or subsequent conviction | ||
of paragraph (3) of
subsection (b) or subsection (b-5) or | ||
any combination of paragraphs (2) or (3) of subsection (b) | ||
or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the third or subsequent | ||
conviction is a violation of paragraph (3) of subsection | ||
(b) or (b-5).
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(j) Disqualification for railroad-highway grade crossing
| ||
violation.
| ||
(1) General rule. A driver who is convicted of a | ||
violation of a federal,
State, or
local law or regulation | ||
pertaining to
one of the following 6 offenses at a | ||
railroad-highway grade crossing must be
disqualified
from | ||
operating a commercial motor vehicle for the period of time | ||
specified in
paragraph (2) of this subsection (j) if the | ||
offense was committed while
operating a commercial motor | ||
vehicle:
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(i) For drivers who are not required to always | ||
stop, failing to
slow down and check that the tracks | ||
are clear of an approaching train, as
described in | ||
subsection (a-5) of Section 11-1201 of this Code;
| ||
(ii) For drivers who are not required to always | ||
stop, failing to
stop before reaching the crossing, if | ||
the tracks are not clear, as described in
subsection | ||
(a) of Section 11-1201 of this Code;
| ||
(iii) For drivers who are always required to stop, | ||
failing to stop
before driving onto the crossing, as | ||
described in Section 11-1202 of this Code;
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(iv) For all drivers, failing to have sufficient | ||
space to drive
completely through the crossing without | ||
stopping, as described in subsection
(b) of Section | ||
11-1425 of this Code;
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(v) For all drivers, failing to obey a traffic | ||
control device or
the directions of an enforcement | ||
official at the crossing, as described in
subdivision | ||
(a)2 of Section 11-1201 of this Code;
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(vi) For all drivers, failing to negotiate a | ||
crossing because of
insufficient undercarriage | ||
clearance, as described in subsection (d-1) of
Section | ||
11-1201 of this Code.
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(2) Duration of disqualification for railroad-highway | ||
grade
crossing violation.
| ||
(i) First violation. A driver must be disqualified | ||
from operating a
commercial motor vehicle
for not less | ||
than 60 days if the driver is convicted of a violation | ||
described
in paragraph
(1) of this subsection (j) and, | ||
in the three-year period preceding the
conviction, the | ||
driver
had no convictions for a violation described in | ||
paragraph (1) of this
subsection (j).
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(ii) Second violation. A driver must be | ||
disqualified from operating a
commercial
motor vehicle
| ||
for not less
than 120 days if the driver is convicted
| ||
of a violation described in paragraph (1) of this | ||
subsection (j) and, in the
three-year
period preceding | ||
the conviction, the driver had one other conviction for | ||
a
violation
described in paragraph (1) of this | ||
subsection (j) that was committed in a
separate
| ||
incident.
| ||
(iii) Third or subsequent violation. A driver must | ||
be disqualified from
operating a
commercial motor | ||
vehicle
for not less than one year if the driver is | ||
convicted
of a violation described in paragraph (1) of | ||
this subsection (j) and, in the
three-year
period | ||
preceding the conviction, the driver had 2 or more | ||
other convictions for
violations
described in | ||
paragraph (1) of this subsection (j) that were | ||
committed in
separate incidents.
| ||
(k) Upon notification of a disqualification of a driver's | ||
commercial motor vehicle privileges imposed by the U.S. | ||
Department of Transportation, Federal Motor Carrier Safety | ||
Administration, in accordance with 49 C.F.R. 383.52, the | ||
Secretary of State shall immediately record to the driving | ||
record the notice of disqualification and confirm to the driver | ||
the action that has been taken.
| ||
(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
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(625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
| ||
Sec. 6-518. Notification of Traffic Convictions. | ||
(a) Within 5 10 days after
receiving a report of an | ||
Illinois conviction, or other verified evidence,
of any driver | ||
who has been issued a CDL by another State, for a violation
of | ||
any law or local ordinance of this State, relating to motor
| ||
vehicle traffic control, other than parking violations, | ||
committed in any motor vehicle, the Secretary of State must | ||
notify the driver
licensing authority which issued such CDL of | ||
said conviction.
| ||
(b) Within 5 10 days after
receiving a report of an | ||
Illinois conviction, or other verified evidence,
of any driver | ||
from another state, for a violation
of any law or local | ||
ordinance of this State, relating to motor
vehicle traffic | ||
control, other than parking violations, committed in a | ||
commercial motor vehicle, the Secretary of State must notify | ||
the driver
licensing authority which issued the person's | ||
driver's license of the conviction.
| ||
(Source: P.A. 94-307, eff. 9-30-05.)
| ||
(625 ILCS 5/6-524) (from Ch. 95 1/2, par. 6-524)
| ||
Sec. 6-524. Penalties.
| ||
(a) Every person convicted of violating any
provision of | ||
this UCDLA for which another penalty is not provided shall for
| ||
a first offense be guilty of a petty offense; and for a second | ||
conviction
for any offense committed within 3 years of any | ||
previous offense, shall be
guilty of a Class B misdemeanor.
| ||
(b) Any person convicted of violating subsection (b) of | ||
Section 6-506 of
this Code shall be subject to a civil penalty | ||
of not more than $10,000 $25,000.
| ||
(c) Any person or employer convicted of violating paragraph | ||
(5) of subsection (a) or subsection (b-3) or (b-5) of Section | ||
6-506 shall be subject to a civil penalty of not less than | ||
$2,750 nor more than $25,000. | ||
(d) Any person convicted of violating paragraph (2) or (3) | ||
of subsection (b) or subsection (b-3) or (b-5) of Section 6-507 | ||
shall be subject to a civil penalty of not less than $2,750 nor | ||
more than $25,000 for a first conviction and not less than | ||
$5,000 nor more than $25,000 for a second conviction.
| ||
(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
| ||
(625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
| ||
Sec. 11-501.1. Suspension of drivers license; statutory | ||
summary
alcohol, other drug or drugs, or intoxicating compound | ||
or
compounds related suspension; implied consent.
| ||
(a) Any person who drives or is in actual physical control | ||
of a motor
vehicle upon the public highways of this State shall | ||
be deemed to have given
consent, subject to the provisions of | ||
Section 11-501.2, to a chemical test or
tests of blood, breath, | ||
or urine for the purpose of determining the content of
alcohol, | ||
other drug or drugs, or intoxicating compound or compounds or
| ||
any combination thereof in the person's blood if arrested,
as | ||
evidenced by the issuance of a Uniform Traffic Ticket, for any | ||
offense
as defined in Section 11-501 or a similar provision of | ||
a local ordinance, or if arrested for violating Section 11-401.
| ||
The test or tests shall be administered at the direction of the | ||
arresting
officer. The law enforcement agency employing the | ||
officer shall designate which
of the aforesaid tests shall be | ||
administered. A urine test may be administered
even after a | ||
blood or breath test or both has
been administered. For | ||
purposes of this Section, an Illinois law
enforcement officer | ||
of this State who is investigating the person for any
offense | ||
defined in Section 11-501 may travel into an adjoining state, | ||
where
the person has been transported for medical care, to | ||
complete an
investigation and to request that the person submit | ||
to the test or tests
set forth in this Section. The | ||
requirements of this Section that the
person be arrested are | ||
inapplicable, but the officer shall issue the person
a Uniform | ||
Traffic Ticket for an offense as defined in Section 11-501 or a
| ||
similar provision of a local ordinance prior to requesting that | ||
the person
submit to the test or tests. The issuance of the | ||
Uniform Traffic Ticket
shall not constitute an arrest, but | ||
shall be for the purpose of notifying
the person that he or she | ||
is subject to the provisions of this Section and
of the | ||
officer's belief of the existence of probable cause to
arrest. | ||
Upon returning to this State, the officer shall file the | ||
Uniform
Traffic Ticket with the Circuit Clerk of the county | ||
where the offense was
committed, and shall seek the issuance of | ||
an arrest warrant or a summons
for the person.
| ||
(b) Any person who is dead, unconscious, or who is | ||
otherwise in a condition
rendering the person incapable of | ||
refusal, shall be deemed not to have
withdrawn the consent | ||
provided by paragraph (a) of this Section and the test or
tests | ||
may be administered, subject to the provisions of Section | ||
11-501.2.
| ||
(c) A person requested to submit to a test as provided | ||
above shall
be warned by the law enforcement officer requesting | ||
the test that a
refusal to submit to the test will result in | ||
the statutory summary
suspension of the person's privilege to | ||
operate a motor vehicle, as provided
in Section 6-208.1 of this | ||
Code, and will also result in the disqualification of the | ||
person's privilege to operate a commercial motor vehicle, as | ||
provided in Section 6-514 of this Code, if the person is a CDL | ||
holder. The person shall also be warned by the law
enforcement | ||
officer that if the person submits to the test or tests
| ||
provided in paragraph (a) of this Section and the alcohol | ||
concentration in
the person's blood or breath is 0.08 or | ||
greater, or any amount of
a
drug, substance, or compound | ||
resulting from the unlawful use or consumption
of cannabis as | ||
covered by the Cannabis Control Act, a controlled
substance
| ||
listed in the Illinois Controlled Substances Act, an | ||
intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is | ||
detected in the person's
blood or urine, a statutory summary | ||
suspension of the person's privilege to
operate a motor | ||
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||
Code, and a disqualification of
the person's privilege to | ||
operate a commercial motor vehicle, as provided in Section | ||
6-514 of this Code, if the person is a CDL holder, will be | ||
imposed.
| ||
A person who is under the age of 21 at the time the person | ||
is requested to
submit to a test as provided above shall, in | ||
addition to the warnings provided
for in this Section, be | ||
further warned by the law enforcement officer
requesting the | ||
test that if the person submits to the test or tests provided | ||
in
paragraph (a) of this Section and the alcohol concentration | ||
in the person's
blood or breath is greater than 0.00 and less | ||
than 0.08, a
suspension of the
person's privilege to operate a | ||
motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | ||
of this Code, will be imposed. The results of this test
shall | ||
be admissible in a civil or criminal action or proceeding | ||
arising from an
arrest for an offense as defined in Section | ||
11-501 of this Code or a similar
provision of a local ordinance | ||
or pursuant to Section 11-501.4 in prosecutions
for reckless | ||
homicide brought under the Criminal Code of 1961. These test
| ||
results, however, shall be admissible only in actions or | ||
proceedings directly
related to the incident upon which the | ||
test request was made.
| ||
(d) If the person refuses testing or submits to a test that | ||
discloses
an alcohol concentration of 0.08 or more, or any | ||
amount of a drug,
substance, or intoxicating compound in the | ||
person's breath, blood,
or urine resulting from the
unlawful | ||
use or consumption of cannabis listed in the Cannabis Control | ||
Act, a controlled substance listed in the Illinois Controlled | ||
Substances
Act, an intoxicating compound listed in the Use of | ||
Intoxicating Compounds
Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act, the law | ||
enforcement officer shall immediately submit a sworn report to
| ||
the
circuit court of venue and the Secretary of State, | ||
certifying that the test or
tests was or were requested under | ||
paragraph (a) and the person refused to
submit to a test, or | ||
tests, or submitted to testing that disclosed an alcohol
| ||
concentration of 0.08 or more.
| ||
(e) Upon receipt of the sworn report of a law enforcement | ||
officer
submitted under paragraph (d), the Secretary of State | ||
shall enter the
statutory summary suspension and | ||
disqualification for the periods specified in Sections
6-208.1 | ||
and 6-514, respectively,
and effective as provided in paragraph | ||
(g).
| ||
If the person is a first offender as defined in Section | ||
11-500 of this
Code, and is not convicted of a violation of | ||
Section 11-501
of this Code or a similar provision of a local | ||
ordinance, then reports
received by the Secretary of State | ||
under this Section shall, except during
the actual time the | ||
Statutory Summary Suspension is in effect, be
privileged | ||
information and for use only by the courts, police officers,
| ||
prosecuting authorities or the Secretary of State, unless the | ||
person is a CDL holder, is operating a commercial motor vehicle | ||
or vehicle required to be placarded for hazardous materials, in | ||
which case the suspension shall not be privileged. However, | ||
beginning January 1, 2008, if the person is a CDL holder, the | ||
statutory summary suspension shall also be made available to | ||
the driver licensing administrator of any other state, the U.S. | ||
Department of Transportation, and the affected driver or motor | ||
carrier or prospective motor carrier upon request.
Reports | ||
received by the Secretary of State under this Section shall | ||
also be made available to the parent or guardian of a person | ||
under the age of 18 years that holds an instruction permit or a | ||
graduated driver's license, regardless of whether the | ||
statutory summary suspension is in effect.
| ||
(f) The law enforcement officer submitting the sworn report | ||
under paragraph
(d) shall serve immediate notice of the | ||
statutory summary suspension on the
person and the suspension | ||
and disqualification shall be effective as provided in | ||
paragraph (g). In
cases where the blood alcohol concentration | ||
of 0.08 or greater or
any amount of
a drug, substance, or | ||
compound resulting from the unlawful use or consumption
of | ||
cannabis as covered by the Cannabis Control Act, a controlled
| ||
substance
listed in the Illinois Controlled Substances Act,
an | ||
intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is | ||
established by a
subsequent
analysis of blood or urine | ||
collected at the time of arrest, the arresting
officer or | ||
arresting agency shall give notice as provided in this Section | ||
or by
deposit in the United States mail of the notice in an | ||
envelope with postage
prepaid and addressed to the person at | ||
his address as shown on the Uniform
Traffic Ticket and the | ||
statutory summary suspension and disqualification shall begin | ||
as provided in
paragraph (g). The officer shall confiscate any | ||
Illinois driver's license or
permit on the person at the time | ||
of arrest. If the person has a valid driver's
license or | ||
permit, the officer shall issue the person a receipt, in
a form | ||
prescribed by the Secretary of State, that will allow that | ||
person
to drive during the periods provided for in paragraph | ||
(g). The officer
shall immediately forward the driver's license | ||
or permit to the circuit
court of venue along with the sworn | ||
report provided for in
paragraph (d).
| ||
(g) The statutory summary suspension and disqualification
| ||
referred to in this Section shall
take effect on the 46th day | ||
following the date the notice of the statutory
summary | ||
suspension was given to the person.
| ||
(h) The following procedure shall apply
whenever a person | ||
is arrested for any offense as defined in Section 11-501
or a | ||
similar provision of a local ordinance:
| ||
Upon receipt of the sworn report from the law enforcement | ||
officer,
the Secretary of State shall confirm the statutory | ||
summary suspension by
mailing a notice of the effective date of | ||
the suspension to the person and
the court of venue. The | ||
Secretary of State shall also mail notice of the effective date | ||
of the disqualification to the person. However, should the | ||
sworn report be defective by not
containing sufficient | ||
information or be completed in error, the
confirmation of the | ||
statutory summary suspension shall not be mailed to the
person | ||
or entered to the record; instead, the sworn report shall
be
| ||
forwarded to the court of venue with a copy returned to the | ||
issuing agency
identifying any defect.
| ||
(Source: P.A. 94-115, eff. 1-1-06; 95-201, eff. 1-1-08; 95-382, | ||
eff. 8-23-07; 95-876, eff. 8-21-08.)
| ||
(625 ILCS 5/11-501.8)
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Sec. 11-501.8. Suspension of driver's license; persons | ||
under age 21.
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(a) A person who is less than 21 years of age and who | ||
drives or
is in actual physical control of a motor vehicle upon | ||
the
public highways of this State shall be deemed to have given | ||
consent to a
chemical test or tests of blood, breath, or urine | ||
for the purpose of
determining the alcohol content of the | ||
person's blood if arrested, as evidenced
by the issuance of a | ||
Uniform Traffic Ticket for any violation of the Illinois
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Vehicle Code or a similar provision of a local ordinance, if a | ||
police officer
has probable cause to believe that the driver | ||
has consumed any amount of an
alcoholic beverage based upon | ||
evidence of the driver's physical condition or
other first hand | ||
knowledge of the police officer. The test or tests shall be
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administered at the direction of the arresting officer. The law | ||
enforcement
agency employing the officer shall designate which | ||
of the aforesaid tests shall
be administered. A urine test may | ||
be administered even after a blood or
breath test or both has | ||
been administered.
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(b) A person who is dead, unconscious, or who is otherwise | ||
in a condition
rendering that person incapable of refusal, | ||
shall be deemed not to have
withdrawn the consent provided by | ||
paragraph (a) of this Section and the test or
tests may be | ||
administered subject to the following provisions:
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(i) Chemical analysis of the person's blood, urine, | ||
breath, or
other bodily substance, to be considered valid | ||
under the provisions of this
Section, shall have been | ||
performed according to standards promulgated by the | ||
Department of State
Police
by an individual possessing a | ||
valid permit issued by that Department for this
purpose. | ||
The Director of State Police is authorized to approve | ||
satisfactory
techniques or methods, to ascertain the | ||
qualifications and competence of
individuals to conduct | ||
analyses, to issue permits that shall be subject to
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termination or revocation at the direction of that | ||
Department, and to certify
the accuracy of breath testing | ||
equipment. The Department of
State Police shall prescribe | ||
regulations as necessary.
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(ii) When a person submits to a blood test at the | ||
request of a law
enforcement officer under the provisions | ||
of this Section, only a physician
authorized to practice | ||
medicine, a registered nurse, or other qualified person
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trained in venipuncture and acting under the direction of a | ||
licensed physician
may withdraw blood for the purpose of | ||
determining the alcohol content therein.
This limitation | ||
does not apply to the taking of breath or urine specimens.
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(iii) The person tested may have a physician, qualified | ||
technician,
chemist, registered nurse, or other qualified | ||
person of his or her own choosing
administer a chemical | ||
test or tests in addition to any test or tests
administered | ||
at the direction of a law enforcement officer. The failure | ||
or
inability to obtain an additional test by a person shall | ||
not preclude the
consideration of the previously performed | ||
chemical test.
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(iv) Upon a request of the person who submits to a | ||
chemical test or
tests at the request of a law enforcement | ||
officer, full information concerning
the test or tests | ||
shall be made available to the person or that person's
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attorney.
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(v) Alcohol concentration means either grams of | ||
alcohol per 100
milliliters of blood or grams of alcohol | ||
per 210 liters of breath.
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(vi) If a driver is receiving medical treatment as a | ||
result of a motor
vehicle accident, a physician licensed to | ||
practice medicine, registered nurse,
or other qualified | ||
person trained in venipuncture and
acting under the | ||
direction of a licensed physician shall
withdraw blood for | ||
testing purposes to ascertain the presence of alcohol upon
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the specific request of a law enforcement officer. However, | ||
that testing
shall not be performed until, in the opinion | ||
of the medical personnel on scene,
the withdrawal can be | ||
made without interfering with or endangering the
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well-being of the patient.
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(c) A person requested to submit to a test as provided | ||
above shall be warned
by the law enforcement officer requesting | ||
the test that a refusal to submit to
the test, or submission to | ||
the test resulting in an alcohol concentration of
more than | ||
0.00, may result in the loss of that person's privilege to | ||
operate a
motor vehicle and may result in the disqualification | ||
of the person's privilege to operate a commercial motor | ||
vehicle, as provided in Section 6-514 of this Code, if the | ||
person is a CDL holder. The loss of driving privileges shall be | ||
imposed in accordance
with Section 6-208.2 of this Code.
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(d) If the person refuses testing or submits to a test that | ||
discloses an
alcohol concentration of more than 0.00, the law | ||
enforcement officer shall
immediately submit a sworn report to | ||
the Secretary of State on a form
prescribed by the Secretary of | ||
State, certifying that the test or tests were
requested under | ||
subsection (a) and the person refused to submit to a test
or | ||
tests or submitted to testing which disclosed an alcohol | ||
concentration of
more than 0.00. The law enforcement officer | ||
shall submit the same sworn report
when a person under the age | ||
of 21 submits to testing under Section
11-501.1 of this Code | ||
and the testing discloses an alcohol concentration of
more than | ||
0.00 and less than 0.08.
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Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall enter the suspension and | ||
disqualification on the individual's driving
record and the | ||
suspension and disqualification shall be effective on the 46th | ||
day following the date
notice of the suspension was given to | ||
the person. If this suspension is the
individual's first | ||
driver's license suspension under this Section, reports
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received by the Secretary of State under this Section shall, | ||
except during the
time the suspension is in effect, be | ||
privileged information and for use only by
the courts, police | ||
officers, prosecuting authorities, the Secretary of State,
or | ||
the individual personally, unless the person is a CDL holder, | ||
is operating a commercial motor vehicle or vehicle required to | ||
be placarded for hazardous materials, in which case the | ||
suspension shall not be privileged. However, beginning January | ||
1, 2008, if the person is a CDL holder, the report of | ||
suspension shall also be made available to the driver licensing | ||
administrator of any other state, the U.S. Department of | ||
Transportation, and the affected driver or motor carrier or | ||
prospective motor carrier upon request.
Reports received by the | ||
Secretary of State under this Section shall also be made | ||
available to the parent or guardian of a person under the age | ||
of 18 years that holds an instruction permit or a graduated | ||
driver's license, regardless of whether the suspension is in | ||
effect.
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The law enforcement officer submitting the sworn report | ||
shall serve immediate
notice of this suspension on the person | ||
and the suspension and disqualification shall
be effective on | ||
the 46th day following the date notice was given.
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In cases where the blood alcohol concentration of more than | ||
0.00 is
established by a subsequent analysis of blood or urine, | ||
the police officer or
arresting agency shall give notice as | ||
provided in this Section or by deposit
in the United States | ||
mail of that notice in an envelope with postage prepaid
and | ||
addressed to that person at his last known address and the loss | ||
of driving
privileges shall be effective on the 46th day | ||
following the date notice was
given.
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Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall also give notice of the | ||
suspension and disqualification to the driver
by mailing a | ||
notice of the effective date of the suspension and | ||
disqualification to the individual.
However, should the sworn | ||
report be defective by not containing sufficient
information or | ||
be completed in error, the notice of the suspension and | ||
disqualification shall not be mailed to the person or entered | ||
to the driving record,
but rather the sworn report shall be | ||
returned to the issuing law enforcement
agency.
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(e) A driver may contest this suspension and | ||
disqualification by requesting an
administrative hearing with | ||
the Secretary of State in accordance with Section
2-118 of this | ||
Code. An individual whose blood alcohol concentration is shown
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to be more than 0.00 is not subject to this Section if he or she | ||
consumed
alcohol in the performance of a religious service or | ||
ceremony. An individual
whose blood alcohol concentration is | ||
shown to be more than 0.00 shall not be
subject to this Section | ||
if the individual's blood alcohol concentration
resulted only | ||
from ingestion of the prescribed or recommended dosage of
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medicine that contained alcohol. The petition for that hearing | ||
shall not stay
or delay the effective date of the impending | ||
suspension. The scope of this
hearing shall be limited to the | ||
issues of:
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(1) whether the police officer had probable cause to | ||
believe that the
person was driving or in actual physical | ||
control of a motor vehicle upon the
public highways of the | ||
State and the police officer had reason to believe that
the | ||
person was in violation of any provision of the Illinois | ||
Vehicle Code or a
similar provision of a local ordinance; | ||
and
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(2) whether the person was issued a Uniform Traffic | ||
Ticket for any
violation of the Illinois Vehicle Code or a | ||
similar provision of a local
ordinance; and
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(3) whether the police officer had probable cause to | ||
believe that the
driver
had consumed any amount of an | ||
alcoholic beverage based upon the driver's
physical | ||
actions or other first-hand knowledge of the police | ||
officer; and
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(4) whether the person, after being advised by the | ||
officer that the
privilege to operate a motor vehicle would | ||
be suspended if the person refused
to submit to and | ||
complete the test or tests, did refuse to submit to or
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complete the test or tests to determine the person's | ||
alcohol concentration;
and
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(5) whether the person, after being advised by the | ||
officer that the
privileges to operate a motor vehicle | ||
would be suspended if the person submits
to a chemical test | ||
or tests and the test or tests disclose an alcohol
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concentration of more than 0.00, did submit to and
complete | ||
the
test or tests that determined an alcohol concentration | ||
of more than 0.00; and
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(6) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol in the performance of a
religious service or | ||
ceremony; and
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(7) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol through ingestion of the
prescribed or | ||
recommended dosage of medicine.
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At the conclusion of the hearing held under Section 2-118 | ||
of
this Code, the Secretary of State may rescind, continue, or | ||
modify the suspension and disqualification. If the Secretary of | ||
State does not rescind the suspension and disqualification, a
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restricted driving permit may be granted by the Secretary of | ||
State upon
application being made and good cause shown. A | ||
restricted driving permit may be
granted to relieve undue | ||
hardship by allowing driving for employment,
educational, and | ||
medical purposes as outlined in item (3) of part (c) of
Section | ||
6-206 of this Code. The provisions of item (3) of part (c) of | ||
Section
6-206 of this Code and of subsection (f) of that | ||
Section shall apply. The Secretary of State shall promulgate | ||
rules
providing for participation in an alcohol education and | ||
awareness program or
activity, a drug education and awareness | ||
program or activity, or both as a
condition to the issuance of | ||
a restricted driving permit for suspensions
imposed under this | ||
Section.
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(f) The results of any chemical testing performed in | ||
accordance with
subsection (a) of this Section are not | ||
admissible in any civil or criminal
proceeding, except that the | ||
results of the testing may be considered at a
hearing held | ||
under Section 2-118 of this Code. However, the results of
the | ||
testing may not be used to impose driver's license sanctions | ||
under
Section 11-501.1 of this Code. A law enforcement officer | ||
may, however, pursue
a statutory summary suspension of driving | ||
privileges under Section 11-501.1 of
this Code if other | ||
physical evidence or first hand knowledge forms the basis
of | ||
that suspension.
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(g) This Section applies only to drivers who are under
age | ||
21 at the time of the issuance of a Uniform Traffic Ticket for | ||
a
violation of the Illinois Vehicle Code or a similar provision | ||
of a local
ordinance, and a chemical test request is made under | ||
this Section.
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(h) The action of the Secretary of State in suspending, | ||
revoking, cancelling, or
disqualifying any license or
permit | ||
shall be
subject to judicial review in the Circuit Court of | ||
Sangamon County or in the
Circuit Court of Cook County, and the | ||
provisions of the Administrative Review
Law and its rules are | ||
hereby adopted and shall apply to and govern every action
for | ||
the judicial review of final acts or decisions of the Secretary | ||
of State
under this Section.
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(Source: P.A. 94-307, eff. 9-30-05; 95-201, eff. 1-1-08; | ||
95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-876, eff. | ||
8-21-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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