Bill Text: IL HB5976 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that if effectuating a written acknowledgment from a person requested to submit to a test for driving under the influence of drugs or alcohol would pose a clear and imminent risk of great bodily harm to the officer, the person requested, or another person, the officer shall document the incident in a police report in lieu of acquiring a written acknowledgement. Provides that if a person requested to submit to a test is incapacitated or unconscious, the officer shall make a written notation that the person was unable to acknowledge in writing and document the incident in a police report.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-11 - Referred to Rules Committee [HB5976 Detail]
Download: Illinois-2015-HB5976-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||||||||||
5 | Sections 6-106.1a, 6-517, 11-501.1, 11-501.6, and 11-501.8 as | |||||||||||||||||||||||||||
6 | follows:
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7 | (625 ILCS 5/6-106.1a)
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8 | Sec. 6-106.1a. Cancellation of school bus driver permit; | |||||||||||||||||||||||||||
9 | trace of alcohol.
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10 | (a) A person who has been issued a school bus driver permit | |||||||||||||||||||||||||||
11 | by the Secretary
of State in accordance with Section 6-106.1 of | |||||||||||||||||||||||||||
12 | this Code and who drives or is
in actual physical control of a | |||||||||||||||||||||||||||
13 | school bus
or any other vehicle owned or operated by or for a | |||||||||||||||||||||||||||
14 | public or private
school, or a school operated by a religious | |||||||||||||||||||||||||||
15 | institution, when the vehicle is
being used over a regularly | |||||||||||||||||||||||||||
16 | scheduled route for the transportation of persons
enrolled as | |||||||||||||||||||||||||||
17 | students in grade 12 or below, in connection with any activity | |||||||||||||||||||||||||||
18 | of
the entities listed, upon the public highways of this State | |||||||||||||||||||||||||||
19 | shall be
deemed to have given consent to a chemical test or | |||||||||||||||||||||||||||
20 | tests of blood, breath, or
urine for the purpose of determining | |||||||||||||||||||||||||||
21 | the alcohol content of the person's blood
if arrested, as | |||||||||||||||||||||||||||
22 | evidenced
by the issuance of a Uniform Traffic Ticket for any | |||||||||||||||||||||||||||
23 | violation of this
Code or a similar provision of a local |
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1 | ordinance, if a police officer
has probable cause to believe | ||||||
2 | that the driver has consumed any amount of an
alcoholic | ||||||
3 | beverage based upon evidence of the driver's physical condition
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4 | or other first hand knowledge of the police officer. The test | ||||||
5 | or tests shall
be administered at the direction of the | ||||||
6 | arresting officer. The law enforcement
agency employing the | ||||||
7 | officer shall designate which of the aforesaid tests shall
be | ||||||
8 | administered. A urine test may be administered even after a | ||||||
9 | blood or breath
test or both has been administered.
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10 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
11 | in a condition
rendering that person incapable of refusal, | ||||||
12 | shall be deemed not to have
withdrawn the consent provided by | ||||||
13 | paragraph (a) of this Section and the test or
tests may be | ||||||
14 | administered subject to the following provisions:
| ||||||
15 | (1) Chemical analysis of the person's blood, urine, | ||||||
16 | breath, or
other substance,
to be considered valid under | ||||||
17 | the provisions of this Section, shall have been
performed | ||||||
18 | according to standards promulgated by the Department of | ||||||
19 | State Police by an
individual
possessing a valid permit | ||||||
20 | issued by the Department of State Police for this
purpose. | ||||||
21 | The
Director of State Police is authorized to approve | ||||||
22 | satisfactory techniques
or
methods, to ascertain the | ||||||
23 | qualifications and competence of individuals to
conduct | ||||||
24 | analyses, to issue
permits that shall be subject to | ||||||
25 | termination or revocation at the direction of
the | ||||||
26 | Department of State Police, and to certify the
accuracy of |
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1 | breath testing
equipment. The
Department of State Police | ||||||
2 | shall prescribe rules as
necessary.
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3 | (2) When a person submits to a blood test at the | ||||||
4 | request of a law
enforcement officer under the provisions | ||||||
5 | of this Section, only a physician
authorized to practice | ||||||
6 | medicine, a licensed physician assistant, a licensed | ||||||
7 | advanced practice nurse, a registered nurse, or other | ||||||
8 | qualified person
trained in venipuncture and acting under | ||||||
9 | the direction of a licensed physician
may withdraw blood | ||||||
10 | for the purpose of determining the alcohol content.
This | ||||||
11 | limitation does not apply to the taking of breath or urine | ||||||
12 | specimens.
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13 | (3) The person tested may have a physician, qualified | ||||||
14 | technician, chemist,
registered nurse, or other qualified | ||||||
15 | person of his or her own choosing
administer a chemical | ||||||
16 | test or tests in addition to any test or tests
administered | ||||||
17 | at the direction of a law enforcement officer. The test
| ||||||
18 | administered at the request of the person may be admissible | ||||||
19 | into evidence at a
hearing conducted in accordance with | ||||||
20 | Section 2-118 of this Code. The failure
or inability to | ||||||
21 | obtain an additional test by a person shall not preclude | ||||||
22 | the
consideration of the previously performed chemical | ||||||
23 | test.
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24 | (4) Upon a request of the person who submits to a | ||||||
25 | chemical test or tests
at the request of a law enforcement | ||||||
26 | officer, full information concerning the
test or tests |
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1 | shall be made available to the person or that person's
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2 | attorney by the requesting law enforcement agency within 72 | ||||||
3 | hours of receipt of
the test result.
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4 | (5) Alcohol concentration means either grams of | ||||||
5 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
6 | per 210 liters of breath.
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7 | (6) If a driver is receiving medical treatment as a | ||||||
8 | result of a motor
vehicle accident, a physician licensed to | ||||||
9 | practice medicine, licensed physician assistant, licensed | ||||||
10 | advanced practice nurse, registered nurse,
or other | ||||||
11 | qualified person trained in venipuncture and acting under | ||||||
12 | the
direction of a
licensed physician shall withdraw blood | ||||||
13 | for testing purposes to ascertain the
presence of alcohol | ||||||
14 | upon the specific request of a law enforcement officer.
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15 | However, that testing shall not be performed until, in the | ||||||
16 | opinion of the
medical personnel on scene, the withdrawal | ||||||
17 | can be made without interfering with
or endangering the | ||||||
18 | well-being of the patient.
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19 | (c) A person requested to submit to a test as provided in | ||||||
20 | this Section shall
be warned
by the law enforcement officer | ||||||
21 | requesting the test that a refusal to submit to
the test, or
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22 | submission to the test resulting in an alcohol concentration of | ||||||
23 | more than 0.00,
may result
in the loss of that person's | ||||||
24 | privilege to possess a school bus driver
permit. The loss of | ||||||
25 | the individual's privilege to possess a school bus driver
| ||||||
26 | permit shall be imposed in accordance with Section 6-106.1b of |
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1 | this Code. A person requested to submit to a test under this | ||||||
2 | Section shall also acknowledge, in writing, receipt of the | ||||||
3 | warning required under this subsection (c). If the person | ||||||
4 | refuses to acknowledge receipt of the warning, the law | ||||||
5 | enforcement officer shall make a written notation on the | ||||||
6 | warning that the person refused to sign the warning. A person's | ||||||
7 | refusal to sign the warning shall not be evidence that the | ||||||
8 | person was not read the warning. If effectuating a written | ||||||
9 | acknowledgment from a person requested to submit to a test | ||||||
10 | under this Section would pose a clear and imminent risk of | ||||||
11 | great bodily harm to the officer, the person requested, or | ||||||
12 | another person, the officer shall document the incident in a | ||||||
13 | police report in lieu of acquiring a written acknowledgement. | ||||||
14 | If a person requested to submit to a test is incapacitated or | ||||||
15 | unconscious, the officer shall make a written notation that the | ||||||
16 | person was unable to acknowledge in writing and document the | ||||||
17 | incident in a police report.
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18 | (d) If the person refuses testing or submits to a test that | ||||||
19 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
20 | enforcement officer shall
immediately submit a sworn report to | ||||||
21 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
22 | State certifying that the test or tests were
requested under | ||||||
23 | subsection (a) and the person refused to submit to a test or
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24 | tests or submitted to testing which disclosed an alcohol | ||||||
25 | concentration of more
than 0.00. The law enforcement officer | ||||||
26 | shall submit the same sworn report when
a person who has been |
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1 | issued a school bus driver permit and who was operating a
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2 | school bus or any other vehicle owned
or operated by or for a | ||||||
3 | public or private school, or a school operated by a
religious | ||||||
4 | institution, when the vehicle is being used over a regularly
| ||||||
5 | scheduled route for the transportation of persons enrolled as | ||||||
6 | students in grade
12 or below, in connection with
any activity | ||||||
7 | of the entities listed, submits to testing under Section | ||||||
8 | 11-501.1
of this Code and the testing discloses an alcohol | ||||||
9 | concentration of more than
0.00 and less than the alcohol | ||||||
10 | concentration at which driving or being in
actual physical | ||||||
11 | control of a motor vehicle is prohibited under paragraph (1) of
| ||||||
12 | subsection (a) of Section 11-501.
| ||||||
13 | Upon receipt of the sworn report of a law enforcement | ||||||
14 | officer, the Secretary
of State shall enter the school bus | ||||||
15 | driver permit sanction on the
individual's driving record and | ||||||
16 | the sanction shall be effective on the
46th day following the | ||||||
17 | date notice of the sanction was given to the person.
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18 | The law enforcement officer submitting the sworn report | ||||||
19 | shall serve immediate
notice of this school bus driver permit | ||||||
20 | sanction on the person and the sanction
shall be effective on | ||||||
21 | the 46th day following the date notice was given.
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22 | In cases where the blood alcohol concentration of more than | ||||||
23 | 0.00 is
established by a subsequent analysis of blood or urine, | ||||||
24 | the police officer or
arresting agency shall give notice as | ||||||
25 | provided in this Section or by deposit in
the United States | ||||||
26 | mail of that notice in an envelope with postage prepaid and
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1 | addressed to that person at his or her last known address and | ||||||
2 | the loss of the
school
bus driver permit shall be effective on | ||||||
3 | the 46th day following the date notice
was given.
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4 | Upon receipt of the sworn report of a law enforcement | ||||||
5 | officer, the Secretary
of State shall also give notice of the | ||||||
6 | school bus driver permit sanction to the
driver and the | ||||||
7 | driver's current employer by mailing a notice of the effective
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8 | date of the sanction to the individual. However, shall the | ||||||
9 | sworn report be
defective by not containing sufficient | ||||||
10 | information or be completed in error,
the notice of the school | ||||||
11 | bus driver permit sanction may not be mailed to the
person or | ||||||
12 | his current employer or entered to the driving record,
but | ||||||
13 | rather the sworn report shall be returned to the issuing law | ||||||
14 | enforcement
agency.
| ||||||
15 | (e) A driver may contest this school bus driver permit | ||||||
16 | sanction by
requesting an administrative hearing with the | ||||||
17 | Secretary of State in accordance
with Section 2-118 of this | ||||||
18 | Code. An individual whose blood alcohol
concentration is shown | ||||||
19 | to be more than 0.00 is not subject to this Section if
he or she | ||||||
20 | consumed alcohol in the performance of a religious service or
| ||||||
21 | ceremony. An individual whose blood alcohol concentration is | ||||||
22 | shown to be more
than 0.00 shall not be subject to this Section | ||||||
23 | if the individual's blood
alcohol concentration resulted only | ||||||
24 | from ingestion of the prescribed or
recommended dosage of | ||||||
25 | medicine that contained alcohol. The petition for that
hearing | ||||||
26 | shall not stay or delay the effective date of the impending |
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1 | suspension.
The scope of this hearing shall be limited to the | ||||||
2 | issues of:
| ||||||
3 | (1) whether the police officer had probable cause to | ||||||
4 | believe that the
person was driving or in actual physical | ||||||
5 | control of a school bus
or any other vehicle owned or | ||||||
6 | operated by or for a
public or private school, or a
school | ||||||
7 | operated by a religious institution, when the vehicle is | ||||||
8 | being used
over a regularly scheduled route for the | ||||||
9 | transportation of persons enrolled as
students in grade 12 | ||||||
10 | or below, in connection with any activity of the entities
| ||||||
11 | listed, upon the public highways of the State and the | ||||||
12 | police officer had reason
to believe that the person was in | ||||||
13 | violation of any provision of this
Code or a similar | ||||||
14 | provision of a local ordinance; and
| ||||||
15 | (2) whether the person was issued a Uniform Traffic | ||||||
16 | Ticket for any
violation of this Code or a similar | ||||||
17 | provision of a local
ordinance; and
| ||||||
18 | (3) whether the police officer had probable cause to | ||||||
19 | believe that the
driver had
consumed any amount of an | ||||||
20 | alcoholic beverage based upon the driver's
physical | ||||||
21 | actions or other first-hand knowledge of the police | ||||||
22 | officer; and
| ||||||
23 | (4) whether the person, after being advised by the | ||||||
24 | officer that the
privilege to possess a school bus driver | ||||||
25 | permit would be canceled if the person
refused to submit to | ||||||
26 | and complete the test or tests, did refuse to submit to or
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1 | complete the test or tests to determine the person's | ||||||
2 | alcohol concentration; and
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3 | (5) whether the person, after being advised by the | ||||||
4 | officer that the
privileges to possess a school bus driver | ||||||
5 | permit would be canceled if the
person submits to a | ||||||
6 | chemical test or tests and the test or tests disclose an
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7 | alcohol concentration of more than 0.00 and
the person did | ||||||
8 | submit to and complete the test or tests that determined an
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9 | alcohol concentration of more than 0.00; and
| ||||||
10 | (6) whether the test result of an alcohol concentration | ||||||
11 | of more than 0.00
was based upon the person's consumption | ||||||
12 | of alcohol in the performance of a
religious service or | ||||||
13 | ceremony; and
| ||||||
14 | (7) whether the test result of an alcohol concentration | ||||||
15 | of more than 0.00
was based upon the person's consumption | ||||||
16 | of alcohol through ingestion of the
prescribed or | ||||||
17 | recommended dosage of medicine.
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18 | The Secretary of State may adopt administrative rules | ||||||
19 | setting forth
circumstances under which the holder of a school | ||||||
20 | bus driver permit is not
required to
appear in
person at the | ||||||
21 | hearing.
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22 | Provided that the petitioner may subpoena the officer, the | ||||||
23 | hearing may be
conducted upon a review of the law enforcement | ||||||
24 | officer's own official
reports. Failure of the officer to | ||||||
25 | answer the subpoena shall be grounds for a
continuance if, in | ||||||
26 | the hearing officer's discretion, the continuance is
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1 | appropriate. At the conclusion of the hearing held under | ||||||
2 | Section 2-118 of this
Code, the Secretary of State may rescind, | ||||||
3 | continue, or modify
the school bus driver permit sanction.
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4 | (f) The results of any chemical testing performed in | ||||||
5 | accordance with
subsection (a) of this Section are not | ||||||
6 | admissible in any civil or criminal
proceeding, except that the | ||||||
7 | results
of the testing may be considered at a hearing held | ||||||
8 | under Section 2-118 of this
Code. However, the results of the | ||||||
9 | testing may not be used to impose
driver's license sanctions | ||||||
10 | under Section 11-501.1 of this Code. A law
enforcement officer | ||||||
11 | may, however, pursue a statutory summary suspension or | ||||||
12 | revocation of
driving privileges under Section 11-501.1 of this | ||||||
13 | Code if other physical
evidence or first hand knowledge forms | ||||||
14 | the basis of that suspension or revocation.
| ||||||
15 | (g) This Section applies only to drivers who have been | ||||||
16 | issued a school bus
driver permit in accordance with Section | ||||||
17 | 6-106.1 of this Code at the time of
the issuance of the Uniform | ||||||
18 | Traffic Ticket for a violation of this
Code or a similar | ||||||
19 | provision of a local ordinance, and a chemical test
request is | ||||||
20 | made under this Section.
| ||||||
21 | (h) The action of the Secretary of State in suspending, | ||||||
22 | revoking, canceling,
or denying any license, permit, | ||||||
23 | registration, or certificate of title shall be
subject to | ||||||
24 | judicial review in the Circuit Court of Sangamon County or in | ||||||
25 | the
Circuit Court of Cook County, and the provisions of the | ||||||
26 | Administrative Review
Law and its rules are hereby adopted and |
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| |||||||
1 | shall apply to and govern every
action for the judicial review | ||||||
2 | of final acts or decisions of the Secretary of
State under this | ||||||
3 | Section.
| ||||||
4 | (Source: P.A. 99-467, eff. 1-1-16 .)
| ||||||
5 | (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
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6 | Sec. 6-517. Commercial driver; implied consent warnings.
| ||||||
7 | (a) Any person driving a commercial motor vehicle who is
| ||||||
8 | requested by a police officer, pursuant to Section 6-516, to | ||||||
9 | submit to a
chemical test or tests to determine the alcohol | ||||||
10 | concentration
or any amount of a drug, substance, or compound | ||||||
11 | resulting from the unlawful
use or consumption of cannabis | ||||||
12 | listed in the Cannabis Control Act, a
controlled substance | ||||||
13 | listed in the Illinois Controlled Substances Act, an | ||||||
14 | intoxicating compound listed in the Use of Intoxicating | ||||||
15 | Compounds Act, or methamphetamine as listed in the | ||||||
16 | Methamphetamine Control and Community Protection Act
in such | ||||||
17 | person's system, must be warned by the police officer
| ||||||
18 | requesting the
test or tests that a refusal to submit to the | ||||||
19 | test or tests will result in that
person being immediately | ||||||
20 | placed out-of-service for a period of 24 hours and
being | ||||||
21 | disqualified from operating a commercial motor vehicle for a | ||||||
22 | period of
not less than 12 months; the person shall also be | ||||||
23 | warned that if
such person
submits to testing which discloses | ||||||
24 | an alcohol concentration of greater than
0.00 but less than | ||||||
25 | 0.04 or any amount of a drug, substance, or compound in
such
|
| |||||||
| |||||||
1 | person's blood or urine resulting from the unlawful use or | ||||||
2 | consumption of
cannabis listed in the Cannabis Control Act, a | ||||||
3 | controlled substance listed in
the Illinois Controlled | ||||||
4 | Substances Act, an intoxicating compound listed in the Use of | ||||||
5 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
6 | Methamphetamine Control and Community Protection Act, such | ||||||
7 | person shall be
placed immediately
out-of-service for a period | ||||||
8 | of 24 hours; if the person submits to testing which
discloses | ||||||
9 | an alcohol concentration of 0.04 or more or any amount of a | ||||||
10 | drug,
substance, or compound in such person's blood or urine | ||||||
11 | resulting
from the
unlawful use or consumption of cannabis | ||||||
12 | listed in the Cannabis Control Act, a
controlled substance | ||||||
13 | listed in the Illinois Controlled Substances Act,
an | ||||||
14 | intoxicating compound listed in the Use of Intoxicating | ||||||
15 | Compounds Act, or methamphetamine as listed in the | ||||||
16 | Methamphetamine Control and Community Protection Act, such
| ||||||
17 | person shall be placed immediately out-of-service and | ||||||
18 | disqualified from driving
a commercial motor vehicle for a | ||||||
19 | period of at least 12 months; also the person
shall be warned | ||||||
20 | that if such testing discloses an alcohol
concentration of | ||||||
21 | 0.08, or more or any amount of a drug, substance,
or compound | ||||||
22 | in such person's
blood or urine resulting from the unlawful use | ||||||
23 | or consumption of cannabis
listed in the Cannabis Control Act, | ||||||
24 | a controlled substance listed in the
Illinois Controlled | ||||||
25 | Substances Act, an intoxicating compound listed in the Use of | ||||||
26 | Intoxicating Compounds Act, or methamphetamine as listed in the |
| |||||||
| |||||||
1 | Methamphetamine Control and Community Protection Act, in | ||||||
2 | addition to the person being immediately
placed out-of-service | ||||||
3 | and disqualified for 12 months as provided in this UCDLA,
the | ||||||
4 | results of such testing shall also be admissible in
| ||||||
5 | prosecutions for
violations of Section 11-501 of this Code, or | ||||||
6 | similar violations of local
ordinances, however, such results | ||||||
7 | shall not be used to impose any
driving
sanctions pursuant to | ||||||
8 | Section 11-501.1 of this Code.
| ||||||
9 | The person shall also be warned that any disqualification | ||||||
10 | imposed pursuant
to this Section, shall be for life for any | ||||||
11 | such offense or refusal,
or combination thereof; including a | ||||||
12 | conviction for violating Section 11-501
while driving a | ||||||
13 | commercial motor vehicle, or similar provisions of local
| ||||||
14 | ordinances, committed a second time involving separate | ||||||
15 | incidents.
| ||||||
16 | A person requested to submit to a test shall also | ||||||
17 | acknowledge, in writing, receipt of the warning required under | ||||||
18 | this Section. If the person refuses to acknowledge receipt of | ||||||
19 | the warning, the police officer shall make a written notation | ||||||
20 | on the warning that the person refused to sign the warning. A | ||||||
21 | person's refusal to sign the warning shall not be evidence that | ||||||
22 | the person was not read the warning. If effectuating a written | ||||||
23 | acknowledgment from a person requested to submit to a test | ||||||
24 | would pose a clear and imminent risk of great bodily harm to | ||||||
25 | the officer, the person requested, or another person, the | ||||||
26 | officer shall document the incident in a police report in lieu |
| |||||||
| |||||||
1 | of acquiring a written acknowledgement. If a person requested | ||||||
2 | to submit to a test is incapacitated or unconscious, the | ||||||
3 | officer shall make a written notation that the person was | ||||||
4 | unable to acknowledge in writing and document the incident in a | ||||||
5 | police report. | ||||||
6 | (b) If the person refuses or fails to complete testing, or | ||||||
7 | submits to a
test which discloses an alcohol concentration of | ||||||
8 | at least 0.04,
or any amount of a drug, substance, or compound | ||||||
9 | in such person's
blood or
urine resulting from the unlawful use | ||||||
10 | or consumption of cannabis listed in the
Cannabis Control Act, | ||||||
11 | a controlled substance listed in the Illinois
Controlled | ||||||
12 | Substances Act, an intoxicating compound listed in the Use of | ||||||
13 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
14 | Methamphetamine Control and Community Protection Act, the law | ||||||
15 | enforcement officer must
submit a Sworn Report to the Secretary | ||||||
16 | of State, in a form prescribed by
the Secretary, certifying | ||||||
17 | that the test or tests was requested pursuant to
paragraph (a); | ||||||
18 | that the person was warned, as provided in paragraph (a)
and | ||||||
19 | that such person refused to submit to or failed to complete
| ||||||
20 | testing, or
submitted to a test which disclosed an alcohol
| ||||||
21 | concentration of 0.04 or more, or any amount of a drug, | ||||||
22 | substance, or
compound in such person's blood or urine | ||||||
23 | resulting from the unlawful use or
consumption of cannabis | ||||||
24 | listed in the Cannabis Control Act, a controlled
substance | ||||||
25 | listed in the Illinois Controlled Substances Act, an | ||||||
26 | intoxicating compound listed in the Use of Intoxicating |
| |||||||
| |||||||
1 | Compounds Act, or methamphetamine as listed in the | ||||||
2 | Methamphetamine Control and Community Protection Act.
| ||||||
3 | (c) The police officer submitting the Sworn Report under | ||||||
4 | this Section
shall serve notice of the CDL disqualification on | ||||||
5 | the person and
such CDL
disqualification shall be effective as | ||||||
6 | provided in paragraph (d). In cases
where the blood alcohol | ||||||
7 | concentration of 0.04 or more,
or any amount of a drug, | ||||||
8 | substance, or
compound in such person's blood or urine | ||||||
9 | resulting from the
unlawful use or
consumption of cannabis | ||||||
10 | listed in the Cannabis Control Act, a controlled
substance | ||||||
11 | listed in the Illinois Controlled Substances Act, an | ||||||
12 | intoxicating compound listed in the Use of Intoxicating | ||||||
13 | Compounds Act, or methamphetamine as listed in the | ||||||
14 | Methamphetamine Control and Community Protection Act, is | ||||||
15 | established by
subsequent analysis of blood or urine collected | ||||||
16 | at the time of the request,
the police officer shall give | ||||||
17 | notice as provided in this Section or by
deposit in the United | ||||||
18 | States mail of such notice as provided in
this
Section or by | ||||||
19 | deposit in the United States mail of such notice in
an
envelope | ||||||
20 | with postage prepaid and addressed to such person's
domiciliary
| ||||||
21 | address as shown on the Sworn Report and the CDL | ||||||
22 | disqualification shall
begin as provided in paragraph (d).
| ||||||
23 | (d) The CDL disqualification referred to in this Section | ||||||
24 | shall take
effect on the 46th day following the date the Sworn | ||||||
25 | Report was given to the
affected person.
| ||||||
26 | (e) Upon receipt of the Sworn Report from the police |
| |||||||
| |||||||
1 | officer, the
Secretary of State shall disqualify the person | ||||||
2 | from driving any commercial
motor vehicle and shall confirm the | ||||||
3 | CDL disqualification by mailing the
notice of the effective | ||||||
4 | date to the person. However, should the Sworn
Report be | ||||||
5 | defective by not containing sufficient information or be
| ||||||
6 | completed in error, the confirmation of the CDL | ||||||
7 | disqualification shall not
be mailed to the affected person or | ||||||
8 | entered into the record, instead the
Sworn Report shall be | ||||||
9 | forwarded to the issuing
agency identifying any such defect.
| ||||||
10 | (Source: P.A. 99-467, eff. 1-1-16 .)
| ||||||
11 | (625 ILCS 5/11-501.1)
| ||||||
12 | Sec. 11-501.1. Suspension of drivers license; statutory | ||||||
13 | summary
alcohol, other drug or drugs, or intoxicating compound | ||||||
14 | or
compounds related suspension or revocation; implied | ||||||
15 | consent. | ||||||
16 | (a) Any person who drives or is in actual physical control | ||||||
17 | of a motor
vehicle upon the public highways of this State shall | ||||||
18 | be deemed to have given
consent, subject to the provisions of | ||||||
19 | Section 11-501.2, to a chemical test or
tests of blood, breath, | ||||||
20 | or urine for the purpose of determining the content of
alcohol, | ||||||
21 | other drug or drugs, or intoxicating compound or compounds or
| ||||||
22 | any combination thereof in the person's blood if arrested,
as | ||||||
23 | evidenced by the issuance of a Uniform Traffic Ticket, for any | ||||||
24 | offense
as defined in Section 11-501 or a similar provision of | ||||||
25 | a local ordinance, or if arrested for violating Section 11-401.
|
| |||||||
| |||||||
1 | If a law enforcement officer has probable cause to believe the | ||||||
2 | person was under the influence of alcohol, other drug or drugs, | ||||||
3 | intoxicating compound or compounds, or any combination | ||||||
4 | thereof, the law enforcement officer shall request a chemical | ||||||
5 | test or tests which shall be administered at the direction of | ||||||
6 | the arresting
officer. The law enforcement agency employing the | ||||||
7 | officer shall designate which
of the aforesaid tests shall be | ||||||
8 | administered. A urine test may be administered
even after a | ||||||
9 | blood or breath test or both has
been administered. For | ||||||
10 | purposes of this Section, an Illinois law
enforcement officer | ||||||
11 | of this State who is investigating the person for any
offense | ||||||
12 | defined in Section 11-501 may travel into an adjoining state, | ||||||
13 | where
the person has been transported for medical care, to | ||||||
14 | complete an
investigation and to request that the person submit | ||||||
15 | to the test or tests
set forth in this Section. The | ||||||
16 | requirements of this Section that the
person be arrested are | ||||||
17 | inapplicable, but the officer shall issue the person
a Uniform | ||||||
18 | Traffic Ticket for an offense as defined in Section 11-501 or a
| ||||||
19 | similar provision of a local ordinance prior to requesting that | ||||||
20 | the person
submit to the test or tests. The issuance of the | ||||||
21 | Uniform Traffic Ticket
shall not constitute an arrest, but | ||||||
22 | shall be for the purpose of notifying
the person that he or she | ||||||
23 | is subject to the provisions of this Section and
of the | ||||||
24 | officer's belief of the existence of probable cause to
arrest. | ||||||
25 | Upon returning to this State, the officer shall file the | ||||||
26 | Uniform
Traffic Ticket with the Circuit Clerk of the county |
| |||||||
| |||||||
1 | where the offense was
committed, and shall seek the issuance of | ||||||
2 | an arrest warrant or a summons
for the person. | ||||||
3 | (a-5) (Blank). | ||||||
4 | (b) Any person who is dead, unconscious, or who is | ||||||
5 | otherwise in a condition
rendering the person incapable of | ||||||
6 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
7 | provided by paragraph (a) of this Section and the test or
tests | ||||||
8 | may be administered, subject to the provisions of Section | ||||||
9 | 11-501.2. | ||||||
10 | (c) A person requested to submit to a test as provided | ||||||
11 | above shall
be warned by the law enforcement officer requesting | ||||||
12 | the test that a
refusal to submit to the test will result in | ||||||
13 | the statutory summary
suspension of the person's privilege to | ||||||
14 | operate a motor vehicle, as provided
in Section 6-208.1 of this | ||||||
15 | Code, and will also result in the disqualification of the | ||||||
16 | person's privilege to operate a commercial motor vehicle, as | ||||||
17 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
18 | holder. The person shall also be warned that a refusal to | ||||||
19 | submit to the test, when the person was involved in a motor | ||||||
20 | vehicle accident that caused personal injury or death to | ||||||
21 | another, will result in the statutory summary revocation of the | ||||||
22 | person's privilege to operate a motor vehicle, as provided in | ||||||
23 | Section 6-208.1, and will also result in the disqualification | ||||||
24 | of the person's privilege to operate a commercial motor | ||||||
25 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
26 | person is a CDL holder. The person shall also be warned by the |
| |||||||
| |||||||
1 | law
enforcement officer that if the person submits to the test | ||||||
2 | or tests
provided in paragraph (a) of this Section and the | ||||||
3 | alcohol concentration in
the person's blood or breath is 0.08 | ||||||
4 | or greater, or any amount of
a
drug, substance, or compound | ||||||
5 | resulting from the unlawful use or consumption
of cannabis as | ||||||
6 | covered by the Cannabis Control Act, a controlled
substance
| ||||||
7 | listed in the Illinois Controlled Substances Act, an | ||||||
8 | intoxicating compound
listed in the Use of Intoxicating | ||||||
9 | Compounds Act, or methamphetamine as listed in the | ||||||
10 | Methamphetamine Control and Community Protection Act is | ||||||
11 | detected in the person's
blood or urine, a statutory summary | ||||||
12 | suspension of the person's privilege to
operate a motor | ||||||
13 | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||||||
14 | Code, and a disqualification of
the person's privilege to | ||||||
15 | operate a commercial motor vehicle, as provided in Section | ||||||
16 | 6-514 of this Code, if the person is a CDL holder, will be | ||||||
17 | imposed. | ||||||
18 | A person who is under the age of 21 at the time the person | ||||||
19 | is requested to
submit to a test as provided above shall, in | ||||||
20 | addition to the warnings provided
for in this Section, be | ||||||
21 | further warned by the law enforcement officer
requesting the | ||||||
22 | test that if the person submits to the test or tests provided | ||||||
23 | in
paragraph (a) of this Section and the alcohol concentration | ||||||
24 | in the person's
blood or breath is greater than 0.00 and less | ||||||
25 | than 0.08, a
suspension of the
person's privilege to operate a | ||||||
26 | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 |
| |||||||
| |||||||
1 | of this Code, will be imposed. The results of this test
shall | ||||||
2 | be admissible in a civil or criminal action or proceeding | ||||||
3 | arising from an
arrest for an offense as defined in Section | ||||||
4 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
5 | or pursuant to Section 11-501.4 in prosecutions
for reckless | ||||||
6 | homicide brought under the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012. These test
results, however, shall be | ||||||
8 | admissible only in actions or proceedings directly
related to | ||||||
9 | the incident upon which the test request was made. | ||||||
10 | A person requested to submit to a test shall also | ||||||
11 | acknowledge, in writing, receipt of the warning required under | ||||||
12 | this Section. If the person refuses to acknowledge receipt of | ||||||
13 | the warning, the law enforcement officer shall make a written | ||||||
14 | notation on the warning that the person refused to sign the | ||||||
15 | warning. A person's refusal to sign the warning shall not be | ||||||
16 | evidence that the person was not read the warning. If | ||||||
17 | effectuating a written acknowledgment from a person requested | ||||||
18 | to submit to a test would pose a clear and imminent risk of | ||||||
19 | great bodily harm to the officer, the person requested, or | ||||||
20 | another person, the officer shall document the incident in a | ||||||
21 | police report in lieu of acquiring a written acknowledgement. | ||||||
22 | If a person requested to submit to a test is incapacitated or | ||||||
23 | unconscious, the officer shall make a written notation that the | ||||||
24 | person was unable to acknowledge in writing and document the | ||||||
25 | incident in a police report. | ||||||
26 | (d) If the person refuses testing or submits to a test that |
| |||||||
| |||||||
1 | discloses
an alcohol concentration of 0.08 or more, or any | ||||||
2 | amount of a drug,
substance, or intoxicating compound in the | ||||||
3 | person's breath, blood,
or urine resulting from the
unlawful | ||||||
4 | use or consumption of cannabis listed in the Cannabis Control | ||||||
5 | Act, a controlled substance listed in the Illinois Controlled | ||||||
6 | Substances
Act, an intoxicating compound listed in the Use of | ||||||
7 | Intoxicating Compounds
Act, or methamphetamine as listed in the | ||||||
8 | Methamphetamine Control and Community Protection Act, the law | ||||||
9 | enforcement officer shall immediately submit a sworn report to
| ||||||
10 | the
circuit court of venue and the Secretary of State, | ||||||
11 | certifying that the test or
tests was or were requested under | ||||||
12 | paragraph (a) and the person refused to
submit to a test, or | ||||||
13 | tests, or submitted to testing that disclosed an alcohol
| ||||||
14 | concentration of 0.08 or more. | ||||||
15 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
16 | officer
submitted under paragraph (d), the Secretary of State | ||||||
17 | shall enter the
statutory summary suspension or revocation and | ||||||
18 | disqualification for the periods specified in Sections
6-208.1 | ||||||
19 | and 6-514, respectively,
and effective as provided in paragraph | ||||||
20 | (g). | ||||||
21 | If the person is a first offender as defined in Section | ||||||
22 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
23 | Section 11-501
of this Code or a similar provision of a local | ||||||
24 | ordinance, then reports
received by the Secretary of State | ||||||
25 | under this Section shall, except during
the actual time the | ||||||
26 | Statutory Summary Suspension is in effect, be
privileged |
| |||||||
| |||||||
1 | information and for use only by the courts, police officers,
| ||||||
2 | prosecuting authorities or the Secretary of State, unless the | ||||||
3 | person is a CDL holder, is operating a commercial motor vehicle | ||||||
4 | or vehicle required to be placarded for hazardous materials, in | ||||||
5 | which case the suspension shall not be privileged. Reports | ||||||
6 | received by the Secretary of State under this Section shall | ||||||
7 | also be made available to the parent or guardian of a person | ||||||
8 | under the age of 18 years that holds an instruction permit or a | ||||||
9 | graduated driver's license, regardless of whether the | ||||||
10 | statutory summary suspension is in effect. A statutory summary | ||||||
11 | revocation shall not be privileged information. | ||||||
12 | (f) The law enforcement officer submitting the sworn report | ||||||
13 | under paragraph
(d) shall serve immediate notice of the | ||||||
14 | statutory summary suspension or revocation on the
person and | ||||||
15 | the suspension or revocation and disqualification shall be | ||||||
16 | effective as provided in paragraph (g). | ||||||
17 | (1) In
cases where the blood alcohol concentration of | ||||||
18 | 0.08 or greater or
any amount of
a drug, substance, or | ||||||
19 | compound resulting from the unlawful use or consumption
of | ||||||
20 | cannabis as covered by the Cannabis Control Act, a | ||||||
21 | controlled
substance
listed in the Illinois Controlled | ||||||
22 | Substances Act,
an intoxicating compound
listed in the Use | ||||||
23 | of Intoxicating Compounds Act, or methamphetamine as | ||||||
24 | listed in the Methamphetamine Control and Community | ||||||
25 | Protection Act is established by a
subsequent
analysis of | ||||||
26 | blood or urine collected at the time of arrest, the |
| |||||||
| |||||||
1 | arresting
officer or arresting agency shall give notice as | ||||||
2 | provided in this Section or by
deposit in the United States | ||||||
3 | mail of the notice in an envelope with postage
prepaid and | ||||||
4 | addressed to the person at his address as shown on the | ||||||
5 | Uniform
Traffic Ticket and the statutory summary | ||||||
6 | suspension and disqualification shall begin as provided in
| ||||||
7 | paragraph (g). The officer shall confiscate any Illinois | ||||||
8 | driver's license or
permit on the person at the time of | ||||||
9 | arrest. If the person has a valid driver's
license or | ||||||
10 | permit, the officer shall issue the person a receipt, in
a | ||||||
11 | form prescribed by the Secretary of State, that will allow | ||||||
12 | that person
to drive during the periods provided for in | ||||||
13 | paragraph (g). The officer
shall immediately forward the | ||||||
14 | driver's license or permit to the circuit
court of venue | ||||||
15 | along with the sworn report provided for in
paragraph (d). | ||||||
16 | (2) (Blank). | ||||||
17 | (g) The statutory summary suspension or revocation and | ||||||
18 | disqualification
referred to in this Section shall
take effect | ||||||
19 | on the 46th day following the date the notice of the statutory
| ||||||
20 | summary suspension or revocation was given to the person. | ||||||
21 | (h) The following procedure shall apply
whenever a person | ||||||
22 | is arrested for any offense as defined in Section 11-501
or a | ||||||
23 | similar provision of a local ordinance: | ||||||
24 | Upon receipt of the sworn report from the law enforcement | ||||||
25 | officer,
the Secretary of State shall confirm the statutory | ||||||
26 | summary suspension or revocation by
mailing a notice of the |
| |||||||
| |||||||
1 | effective date of the suspension or revocation to the person | ||||||
2 | and
the court of venue. The Secretary of State shall also mail | ||||||
3 | notice of the effective date of the disqualification to the | ||||||
4 | person. However, should the sworn report be defective by not
| ||||||
5 | containing sufficient information or be completed in error, the
| ||||||
6 | confirmation of the statutory summary suspension or revocation | ||||||
7 | shall not be mailed to the
person or entered to the record; | ||||||
8 | instead, the sworn report shall
be
forwarded to the court of | ||||||
9 | venue with a copy returned to the issuing agency
identifying | ||||||
10 | any defect. | ||||||
11 | (i) As used in this Section, "personal injury" includes any | ||||||
12 | Type A injury as indicated on the traffic accident report | ||||||
13 | completed by a law enforcement officer that requires immediate | ||||||
14 | professional attention in either a doctor's office or a medical | ||||||
15 | facility. A Type A injury includes severely bleeding wounds, | ||||||
16 | distorted extremities, and injuries that require the injured | ||||||
17 | party to be carried from the scene. | ||||||
18 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||||||
19 | 99-467, eff. 1-1-16 .)
| ||||||
20 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) | ||||||
21 | Sec. 11-501.6. Driver involvement in personal injury or | ||||||
22 | fatal motor
vehicle accident; chemical test. | ||||||
23 | (a) Any person who drives or is in actual control of a | ||||||
24 | motor vehicle
upon the public highways of this State and who | ||||||
25 | has been involved in a
personal injury or fatal motor vehicle |
| |||||||
| |||||||
1 | accident, shall be deemed to have
given consent to a breath | ||||||
2 | test using a portable device as approved by the
Department of | ||||||
3 | State Police or to a chemical test or tests
of blood, breath, | ||||||
4 | or
urine for the purpose of determining the content of alcohol,
| ||||||
5 | other
drug or drugs, or intoxicating compound or compounds of | ||||||
6 | such
person's blood if arrested as evidenced by the issuance of | ||||||
7 | a Uniform Traffic
Ticket for any violation of the Illinois | ||||||
8 | Vehicle Code or a similar provision of
a local ordinance, with | ||||||
9 | the exception of equipment violations contained in
Chapter 12 | ||||||
10 | of this Code, or similar provisions of local ordinances. The | ||||||
11 | test
or tests shall be administered at the direction of the | ||||||
12 | arresting officer. The
law enforcement agency employing the | ||||||
13 | officer shall designate which of the
aforesaid tests shall be | ||||||
14 | administered. A urine test may be administered even
after a | ||||||
15 | blood or breath test or both has been administered. Compliance | ||||||
16 | with
this Section does not relieve such person from the | ||||||
17 | requirements of Section
11-501.1 of this Code. | ||||||
18 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
19 | in a
condition rendering such person incapable of refusal shall | ||||||
20 | be deemed not to
have withdrawn the consent provided by | ||||||
21 | subsection (a) of this Section. In
addition, if a driver of a | ||||||
22 | vehicle is receiving medical treatment as a
result of a motor | ||||||
23 | vehicle accident, any physician licensed to practice
medicine, | ||||||
24 | licensed physician assistant, licensed advanced practice | ||||||
25 | nurse, registered nurse or a phlebotomist acting under the | ||||||
26 | direction of
a licensed physician shall withdraw blood for |
| |||||||
| |||||||
1 | testing purposes to ascertain
the presence of alcohol, other | ||||||
2 | drug or drugs, or intoxicating
compound or compounds, upon the | ||||||
3 | specific request of a law
enforcement officer. However, no such | ||||||
4 | testing shall be performed until, in
the opinion of the medical | ||||||
5 | personnel on scene, the withdrawal can be made
without | ||||||
6 | interfering with or endangering the well-being of the patient. | ||||||
7 | (c) A person requested to submit to a test as provided | ||||||
8 | above shall be
warned by the law enforcement officer requesting | ||||||
9 | the test that a refusal to
submit to the test, or submission to | ||||||
10 | the test resulting in an alcohol
concentration of 0.08 or more, | ||||||
11 | or any amount of a drug, substance,
or intoxicating compound
| ||||||
12 | resulting from the unlawful use or consumption of cannabis, as | ||||||
13 | covered by the
Cannabis Control Act, a controlled substance | ||||||
14 | listed in the Illinois
Controlled Substances Act, an | ||||||
15 | intoxicating compound listed in the Use of
Intoxicating | ||||||
16 | Compounds Act, or methamphetamine as listed in the | ||||||
17 | Methamphetamine Control and Community Protection Act as | ||||||
18 | detected in such person's blood or urine, may
result in the | ||||||
19 | suspension of such person's privilege to operate a motor | ||||||
20 | vehicle and may result in the disqualification of the person's | ||||||
21 | privilege to operate a commercial motor vehicle, as provided in | ||||||
22 | Section 6-514 of this Code, if the person is a CDL holder.
The | ||||||
23 | length of the suspension shall be the same as outlined in | ||||||
24 | Section
6-208.1 of this Code regarding statutory summary | ||||||
25 | suspensions. | ||||||
26 | A person requested to submit to a test shall also |
| |||||||
| |||||||
1 | acknowledge, in writing, receipt of the warning required under | ||||||
2 | this Section. If the person refuses to acknowledge receipt of | ||||||
3 | the warning, the law enforcement officer shall make a written | ||||||
4 | notation on the warning that the person refused to sign the | ||||||
5 | warning. A person's refusal to sign the warning shall not be | ||||||
6 | evidence that the person was not read the warning. If | ||||||
7 | effectuating a written acknowledgment from a person requested | ||||||
8 | to submit to a test would pose a clear and imminent risk of | ||||||
9 | great bodily harm to the officer, the person requested, or | ||||||
10 | another person, the officer shall document the incident in a | ||||||
11 | police report in lieu of acquiring a written acknowledgement. | ||||||
12 | If a person requested to submit to a test is incapacitated or | ||||||
13 | unconscious, the officer shall make a written notation that the | ||||||
14 | person was unable to acknowledge in writing and document the | ||||||
15 | incident in a police report. | ||||||
16 | (d) If the person refuses testing or submits to a test | ||||||
17 | which discloses
an alcohol concentration of 0.08 or more, or | ||||||
18 | any amount of a drug,
substance,
or intoxicating compound in | ||||||
19 | such person's blood or urine resulting from the
unlawful use or
| ||||||
20 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
21 | controlled
substance listed in the Illinois Controlled | ||||||
22 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
23 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
24 | Methamphetamine Control and Community Protection Act, the law
| ||||||
25 | enforcement officer shall immediately submit a sworn report to | ||||||
26 | the Secretary of
State on a form prescribed by the Secretary, |
| |||||||
| |||||||
1 | certifying that the test or tests
were requested pursuant to | ||||||
2 | subsection (a) and the person refused to submit to a
test or | ||||||
3 | tests or submitted to testing 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 blood or | ||||||
6 | urine, resulting from the unlawful use or consumption of
| ||||||
7 | cannabis listed in the Cannabis Control Act, a controlled | ||||||
8 | substance
listed in
the Illinois Controlled Substances Act,
an | ||||||
9 | intoxicating compound listed in
the Use of Intoxicating | ||||||
10 | Compounds Act, or methamphetamine as listed in the | ||||||
11 | Methamphetamine Control and Community Protection Act. | ||||||
12 | Upon receipt of the sworn report of a law enforcement | ||||||
13 | officer, the
Secretary shall enter the suspension and | ||||||
14 | disqualification to the individual's driving record and the
| ||||||
15 | suspension and disqualification shall be effective on the 46th | ||||||
16 | day following the date notice of the
suspension was given to | ||||||
17 | the person. | ||||||
18 | The law enforcement officer submitting the sworn report | ||||||
19 | shall serve immediate
notice of this suspension on the person | ||||||
20 | and such suspension and disqualification shall be effective
on | ||||||
21 | the 46th day following the date notice was given. | ||||||
22 | In cases where the blood alcohol concentration of 0.08 or | ||||||
23 | more,
or any amount
of a drug, substance, or intoxicating | ||||||
24 | compound resulting from the unlawful
use or
consumption of | ||||||
25 | cannabis as listed in the Cannabis Control Act, a
controlled
| ||||||
26 | substance listed in the Illinois Controlled Substances Act,
an
|
| |||||||
| |||||||
1 | intoxicating
compound listed in the Use of Intoxicating | ||||||
2 | Compounds Act, or methamphetamine as listed in the | ||||||
3 | Methamphetamine Control and Community Protection Act, is | ||||||
4 | established by a
subsequent analysis of blood or urine | ||||||
5 | collected at the time of arrest, the
arresting officer shall | ||||||
6 | give notice as provided in this Section or by deposit
in the | ||||||
7 | United States mail of such notice in an envelope with postage | ||||||
8 | prepaid
and addressed to such person at his address as shown on | ||||||
9 | the Uniform Traffic
Ticket and the suspension and | ||||||
10 | disqualification shall be effective on the 46th day following | ||||||
11 | the date
notice was given. | ||||||
12 | Upon receipt of the sworn report of a law enforcement | ||||||
13 | officer, the Secretary
shall also give notice of the suspension | ||||||
14 | and disqualification to the driver by mailing a notice of
the | ||||||
15 | effective date of the suspension and disqualification to the | ||||||
16 | individual. However, should the
sworn report be defective by | ||||||
17 | not containing sufficient information or be
completed in error, | ||||||
18 | the notice of the suspension and disqualification shall not be | ||||||
19 | mailed to the
person or entered to the driving record, but | ||||||
20 | rather the sworn report shall be
returned to the issuing law | ||||||
21 | enforcement agency. | ||||||
22 | (e) A driver may contest this suspension of his or her
| ||||||
23 | driving privileges and disqualification of his or her CDL | ||||||
24 | privileges by
requesting an administrative hearing with the | ||||||
25 | Secretary in accordance with
Section 2-118 of this Code. At the | ||||||
26 | conclusion of a hearing held under
Section 2-118 of this Code, |
| |||||||
| |||||||
1 | the Secretary may rescind, continue, or modify the
orders
of | ||||||
2 | suspension and disqualification. If the Secretary does not | ||||||
3 | rescind the orders of suspension and disqualification, a | ||||||
4 | restricted
driving permit may be granted by the Secretary upon | ||||||
5 | application being made and
good cause shown. A restricted | ||||||
6 | driving permit may be granted to relieve undue
hardship to | ||||||
7 | allow driving for employment, educational, and medical | ||||||
8 | purposes as
outlined in Section 6-206 of this Code. The | ||||||
9 | provisions of Section 6-206 of
this Code shall apply. In | ||||||
10 | accordance with 49 C.F.R. 384, the Secretary of State may not | ||||||
11 | issue a restricted driving permit for the operation of a | ||||||
12 | commercial motor vehicle to a person holding a CDL whose | ||||||
13 | driving privileges have been suspended, revoked, cancelled, or | ||||||
14 | disqualified.
| ||||||
15 | (f) (Blank). | ||||||
16 | (g) For the purposes of this Section, a personal injury | ||||||
17 | shall include
any type A injury as indicated on the traffic | ||||||
18 | accident report completed
by a law enforcement officer that | ||||||
19 | requires immediate professional attention
in either a doctor's | ||||||
20 | office or a medical facility. A type A injury shall
include | ||||||
21 | severely bleeding wounds, distorted extremities, and injuries | ||||||
22 | that
require the injured party to be carried from the scene. | ||||||
23 | (Source: P.A. 99-467, eff. 1-1-16 .)
| ||||||
24 | (625 ILCS 5/11-501.8)
| ||||||
25 | Sec. 11-501.8. Suspension of driver's license; persons |
| |||||||
| |||||||
1 | under age 21.
| ||||||
2 | (a) A person who is less than 21 years of age and who | ||||||
3 | drives or
is in actual physical control of a motor vehicle upon | ||||||
4 | the
public highways of this State shall be deemed to have given | ||||||
5 | consent to a
chemical test or tests of blood, breath, or urine | ||||||
6 | for the purpose of
determining the alcohol content of the | ||||||
7 | person's blood if arrested, as evidenced
by the issuance of a | ||||||
8 | Uniform Traffic Ticket for any violation of the Illinois
| ||||||
9 | Vehicle Code or a similar provision of a local ordinance, if a | ||||||
10 | police officer
has probable cause to believe that the driver | ||||||
11 | has consumed any amount of an
alcoholic beverage based upon | ||||||
12 | evidence of the driver's physical condition or
other first hand | ||||||
13 | knowledge of the police officer. The test or tests shall be
| ||||||
14 | administered at the direction of the arresting officer. The law | ||||||
15 | enforcement
agency employing the officer shall designate which | ||||||
16 | of the aforesaid tests shall
be administered. A urine test may | ||||||
17 | be administered even after a blood or
breath test or both has | ||||||
18 | been administered.
| ||||||
19 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
20 | in a condition
rendering that person incapable of refusal, | ||||||
21 | shall be deemed not to have
withdrawn the consent provided by | ||||||
22 | paragraph (a) of this Section and the test or
tests may be | ||||||
23 | administered subject to the following provisions:
| ||||||
24 | (i) Chemical analysis of the person's blood, urine, | ||||||
25 | breath, or
other bodily substance, to be considered valid | ||||||
26 | under the provisions of this
Section, shall have been |
| |||||||
| |||||||
1 | performed according to standards promulgated by the | ||||||
2 | Department of State
Police
by an individual possessing a | ||||||
3 | valid permit issued by that Department for this
purpose. | ||||||
4 | The Director of State Police is authorized to approve | ||||||
5 | satisfactory
techniques or methods, to ascertain the | ||||||
6 | qualifications and competence of
individuals to conduct | ||||||
7 | analyses, to issue permits that shall be subject to
| ||||||
8 | termination or revocation at the direction of that | ||||||
9 | Department, and to certify
the accuracy of breath testing | ||||||
10 | equipment. The Department of
State Police shall prescribe | ||||||
11 | regulations as necessary.
| ||||||
12 | (ii) When a person submits to a blood test at the | ||||||
13 | request of a law
enforcement officer under the provisions | ||||||
14 | of this Section, only a physician
authorized to practice | ||||||
15 | medicine, a licensed physician assistant, a licensed | ||||||
16 | advanced practice nurse, a registered nurse, or other | ||||||
17 | qualified person
trained in venipuncture and acting under | ||||||
18 | the direction of a licensed physician
may withdraw blood | ||||||
19 | for the purpose of determining the alcohol content therein.
| ||||||
20 | This limitation does not apply to the taking of breath or | ||||||
21 | urine specimens.
| ||||||
22 | (iii) The person tested may have a physician, qualified | ||||||
23 | technician,
chemist, registered nurse, or other qualified | ||||||
24 | person of his or her own choosing
administer a chemical | ||||||
25 | test or tests in addition to any test or tests
administered | ||||||
26 | at the direction of a law enforcement officer. The failure |
| |||||||
| |||||||
1 | or
inability to obtain an additional test by a person shall | ||||||
2 | not preclude the
consideration of the previously performed | ||||||
3 | chemical test.
| ||||||
4 | (iv) Upon a request of the person who submits to a | ||||||
5 | chemical test or
tests at the request of a law enforcement | ||||||
6 | officer, full information concerning
the test or tests | ||||||
7 | shall be made available to the person or that person's
| ||||||
8 | attorney.
| ||||||
9 | (v) Alcohol concentration means either grams of | ||||||
10 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
11 | per 210 liters of breath.
| ||||||
12 | (vi) If a driver is receiving medical treatment as a | ||||||
13 | result of a motor
vehicle accident, a physician licensed to | ||||||
14 | practice medicine, licensed physician assistant, licensed | ||||||
15 | advanced practice nurse, registered nurse,
or other | ||||||
16 | qualified person trained in venipuncture and
acting under | ||||||
17 | the direction of a licensed physician shall
withdraw blood | ||||||
18 | for testing purposes to ascertain the presence of alcohol | ||||||
19 | upon
the specific request of a law enforcement officer. | ||||||
20 | However, that testing
shall not be performed until, in the | ||||||
21 | opinion of the medical personnel on scene,
the withdrawal | ||||||
22 | can be made without interfering with or endangering the
| ||||||
23 | well-being of the patient.
| ||||||
24 | (c) A person requested to submit to a test as provided | ||||||
25 | above shall be warned
by the law enforcement officer requesting | ||||||
26 | the test that a refusal to submit to
the test, or submission to |
| |||||||
| |||||||
1 | the test resulting in an alcohol concentration of
more than | ||||||
2 | 0.00, may result in the loss of that person's privilege to | ||||||
3 | operate a
motor vehicle and may result in the disqualification | ||||||
4 | of the person's privilege to operate a commercial motor | ||||||
5 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
6 | person is a CDL holder. The loss of driving privileges shall be | ||||||
7 | imposed in accordance
with Section 6-208.2 of this Code.
| ||||||
8 | A person requested to submit to a test shall also | ||||||
9 | acknowledge, in writing, receipt of the warning required under | ||||||
10 | this Section. If the person refuses to acknowledge receipt of | ||||||
11 | the warning, the law enforcement officer shall make a written | ||||||
12 | notation on the warning that the person refused to sign the | ||||||
13 | warning. A person's refusal to sign the warning shall not be | ||||||
14 | evidence that the person was not read the warning. If | ||||||
15 | effectuating a written acknowledgment from a person requested | ||||||
16 | to submit to a test would pose a clear and imminent risk of | ||||||
17 | great bodily harm to the officer, the person requested, or | ||||||
18 | another person, the officer shall document the incident in a | ||||||
19 | police report in lieu of acquiring a written acknowledgement. | ||||||
20 | If a person requested to submit to a test is incapacitated or | ||||||
21 | unconscious, the officer shall make a written notation that the | ||||||
22 | person was unable to acknowledge in writing and document the | ||||||
23 | incident in a police report. | ||||||
24 | (d) If the person refuses testing or submits to a test that | ||||||
25 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
26 | enforcement officer shall
immediately submit a sworn report to |
| |||||||
| |||||||
1 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
2 | State, certifying that the test or tests were
requested under | ||||||
3 | subsection (a) and the person refused to submit to a test
or | ||||||
4 | tests or submitted to testing which disclosed an alcohol | ||||||
5 | concentration of
more than 0.00. The law enforcement officer | ||||||
6 | shall submit the same sworn report
when a person under the age | ||||||
7 | of 21 submits to testing under Section
11-501.1 of this Code | ||||||
8 | and the testing discloses an alcohol concentration of
more than | ||||||
9 | 0.00 and less than 0.08.
| ||||||
10 | Upon receipt of the sworn report of a law enforcement | ||||||
11 | officer, the Secretary
of State shall enter the suspension and | ||||||
12 | disqualification on the individual's driving
record and the | ||||||
13 | suspension and disqualification shall be effective on the 46th | ||||||
14 | day following the date
notice of the suspension was given to | ||||||
15 | the person. If this suspension is the
individual's first | ||||||
16 | driver's license suspension under this Section, reports
| ||||||
17 | received by the Secretary of State under this Section shall, | ||||||
18 | except during the
time the suspension is in effect, be | ||||||
19 | privileged information and for use only by
the courts, police | ||||||
20 | officers, prosecuting authorities, the Secretary of State,
or | ||||||
21 | the individual personally, unless the person is a CDL holder, | ||||||
22 | is operating a commercial motor vehicle or vehicle required to | ||||||
23 | be placarded for hazardous materials, in which case the | ||||||
24 | suspension shall not be privileged.
Reports received by the | ||||||
25 | Secretary of State under this Section shall also be made | ||||||
26 | available to the parent or guardian of a person under the age |
| |||||||
| |||||||
1 | of 18 years that holds an instruction permit or a graduated | ||||||
2 | driver's license, regardless of whether the suspension is in | ||||||
3 | effect.
| ||||||
4 | The law enforcement officer submitting the sworn report | ||||||
5 | shall serve immediate
notice of this suspension on the person | ||||||
6 | and the suspension and disqualification shall
be effective on | ||||||
7 | the 46th day following the date notice was given.
| ||||||
8 | In cases where the blood alcohol concentration of more than | ||||||
9 | 0.00 is
established by a subsequent analysis of blood or urine, | ||||||
10 | the police officer or
arresting agency shall give notice as | ||||||
11 | provided in this Section or by deposit
in the United States | ||||||
12 | mail of that notice in an envelope with postage prepaid
and | ||||||
13 | addressed to that person at his last known address and the loss | ||||||
14 | of driving
privileges shall be effective on the 46th day | ||||||
15 | following the date notice was
given.
| ||||||
16 | Upon receipt of the sworn report of a law enforcement | ||||||
17 | officer, the Secretary
of State shall also give notice of the | ||||||
18 | suspension and disqualification to the driver
by mailing a | ||||||
19 | notice of the effective date of the suspension and | ||||||
20 | disqualification to the individual.
However, should the sworn | ||||||
21 | report be defective by not containing sufficient
information or | ||||||
22 | be completed in error, the notice of the suspension and | ||||||
23 | disqualification shall not be mailed to the person or entered | ||||||
24 | to the driving record,
but rather the sworn report shall be | ||||||
25 | returned to the issuing law enforcement
agency.
| ||||||
26 | (e) A driver may contest this suspension and |
| |||||||
| |||||||
1 | disqualification by requesting an
administrative hearing with | ||||||
2 | the Secretary of State in accordance with Section
2-118 of this | ||||||
3 | Code. An individual whose blood alcohol concentration is shown
| ||||||
4 | to be more than 0.00 is not subject to this Section if he or she | ||||||
5 | consumed
alcohol in the performance of a religious service or | ||||||
6 | ceremony. An individual
whose blood alcohol concentration is | ||||||
7 | shown to be more than 0.00 shall not be
subject to this Section | ||||||
8 | if the individual's blood alcohol concentration
resulted only | ||||||
9 | from ingestion of the prescribed or recommended dosage of
| ||||||
10 | medicine that contained alcohol. The petition for that hearing | ||||||
11 | shall not stay
or delay the effective date of the impending | ||||||
12 | suspension. The scope of this
hearing shall be limited to the | ||||||
13 | issues of:
| ||||||
14 | (1) whether the police officer had probable cause to | ||||||
15 | believe that the
person was driving or in actual physical | ||||||
16 | control of a motor vehicle upon the
public highways of the | ||||||
17 | State and the police officer had reason to believe that
the | ||||||
18 | person was in violation of any provision of the Illinois | ||||||
19 | Vehicle Code or a
similar provision of a local ordinance; | ||||||
20 | and
| ||||||
21 | (2) whether the person was issued a Uniform Traffic | ||||||
22 | Ticket for any
violation of the Illinois Vehicle Code or a | ||||||
23 | similar provision of a local
ordinance; and
| ||||||
24 | (3) whether the police officer had probable cause to | ||||||
25 | believe that the
driver
had consumed any amount of an | ||||||
26 | alcoholic beverage based upon the driver's
physical |
| |||||||
| |||||||
1 | actions or other first-hand knowledge of the police | ||||||
2 | officer; and
| ||||||
3 | (4) whether the person, after being advised by the | ||||||
4 | officer that the
privilege to operate a motor vehicle would | ||||||
5 | be suspended if the person refused
to submit to and | ||||||
6 | complete the test or tests, did refuse to submit to or
| ||||||
7 | complete the test or tests to determine the person's | ||||||
8 | alcohol concentration;
and
| ||||||
9 | (5) whether the person, after being advised by the | ||||||
10 | officer that the
privileges to operate a motor vehicle | ||||||
11 | would be suspended if the person submits
to a chemical test | ||||||
12 | or tests and the test or tests disclose an alcohol
| ||||||
13 | concentration of more than 0.00, did submit to and
complete | ||||||
14 | the
test or tests that determined an alcohol concentration | ||||||
15 | of more than 0.00; and
| ||||||
16 | (6) whether the test result of an alcohol concentration | ||||||
17 | of more than 0.00
was based upon the person's consumption | ||||||
18 | of alcohol in the performance of a
religious service or | ||||||
19 | ceremony; and
| ||||||
20 | (7) whether the test result of an alcohol concentration | ||||||
21 | of more than 0.00
was based upon the person's consumption | ||||||
22 | of alcohol through ingestion of the
prescribed or | ||||||
23 | recommended dosage of medicine.
| ||||||
24 | At the conclusion of the hearing held under Section 2-118 | ||||||
25 | of
this Code, the Secretary of State may rescind, continue, or | ||||||
26 | modify the suspension and disqualification. If the Secretary of |
| |||||||
| |||||||
1 | State does not rescind the suspension and disqualification, a
| ||||||
2 | restricted driving permit may be granted by the Secretary of | ||||||
3 | State upon
application being made and good cause shown. A | ||||||
4 | restricted driving permit may be
granted to relieve undue | ||||||
5 | hardship by allowing driving for employment,
educational, and | ||||||
6 | medical purposes as outlined in item (3) of part (c) of
Section | ||||||
7 | 6-206 of this Code. The provisions of item (3) of part (c) of | ||||||
8 | Section
6-206 of this Code and of subsection (f) of that | ||||||
9 | Section shall apply. The Secretary of State shall promulgate | ||||||
10 | rules
providing for participation in an alcohol education and | ||||||
11 | awareness program or
activity, a drug education and awareness | ||||||
12 | program or activity, or both as a
condition to the issuance of | ||||||
13 | a restricted driving permit for suspensions
imposed under this | ||||||
14 | Section.
| ||||||
15 | (f) The results of any chemical testing performed in | ||||||
16 | accordance with
subsection (a) of this Section are not | ||||||
17 | admissible in any civil or criminal
proceeding, except that the | ||||||
18 | results of the testing may be considered at a
hearing held | ||||||
19 | under Section 2-118 of this Code. However, the results of
the | ||||||
20 | testing may not be used to impose driver's license sanctions | ||||||
21 | under
Section 11-501.1 of this Code. A law enforcement officer | ||||||
22 | may, however, pursue
a statutory summary suspension or | ||||||
23 | revocation of driving privileges under Section 11-501.1 of
this | ||||||
24 | Code if other physical evidence or first hand knowledge forms | ||||||
25 | the basis
of that suspension or revocation.
| ||||||
26 | (g) This Section applies only to drivers who are under
age |
| |||||||
| |||||||
1 | 21 at the time of the issuance of a Uniform Traffic Ticket for | ||||||
2 | a
violation of the Illinois Vehicle Code or a similar provision | ||||||
3 | of a local
ordinance, and a chemical test request is made under | ||||||
4 | this Section.
| ||||||
5 | (h) The action of the Secretary of State in suspending, | ||||||
6 | revoking, cancelling, or
disqualifying any license or
permit | ||||||
7 | shall be
subject to judicial review in the Circuit Court of | ||||||
8 | Sangamon County or in the
Circuit Court of Cook County, and the | ||||||
9 | provisions of the Administrative Review
Law and its rules are | ||||||
10 | hereby adopted and shall apply to and govern every action
for | ||||||
11 | the judicial review of final acts or decisions of the Secretary | ||||||
12 | of State
under this Section.
| ||||||
13 | (Source: P.A. 99-467, eff. 1-1-16 .)
|