Bill Text: IL SB2953 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Removes from the DUI offense operating a motor vehicle with any amount of an illegal drug in a person's system and makes it a separate Class B misdemeanor for a first offense and a Class A misdemeanor for subsequent offenses. Removes offense from implied consent for chemical testing for a suspected violation, statutory summary suspension for test refusal, driver's license suspension for conviction, and mandatory penalties for a second violation. Also removes offense from aggravated DUI. Makes corresponding changes to the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act for OUI. Amends the Criminal Identification Act. Provides that policing bodies shall report arrests for the offense to the Department of State Police. Amends the Unified Code of Corrections. Provides that offenders may be charged laboratory fees and required to undergo a professional evaluation to determine the presence and extent of substance abuse problems.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2953 Detail]

Download: Illinois-2013-SB2953-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2953 Introduced 2/4/2014, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Vehicle Code. Removes from the DUI offense operating a motor vehicle with any amount of an illegal drug in a person's system and makes it a separate Class B misdemeanor for a first offense and a Class A misdemeanor for subsequent offenses. Removes offense from implied consent for chemical testing for a suspected violation, statutory summary suspension for test refusal, driver's license suspension for conviction, and mandatory penalties for a second violation. Also removes offense from aggravated DUI. Makes corresponding changes to the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act for OUI. Amends the Criminal Identification Act. Provides that policing bodies shall report arrests for the offense to the Department of State Police. Amends the Unified Code of Corrections. Provides that offenders may be charged laboratory fees and required to undergo a professional evaluation to determine the presence and extent of substance abuse problems.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Identification Act is amended by
changing Section 5 as follows:
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
(Text of Section before amendment by P.A. 98-528)
Sec. 5. Arrest reports. All policing bodies of this State
shall furnish to the Department, daily, in the form and detail
the Department requires, fingerprints and descriptions of all
persons who are arrested on charges of violating any penal
statute of this State for offenses that are classified as
felonies and Class A or B misdemeanors and of all minors of the
age of 10 and over who have been arrested for an offense which
would be a felony if committed by an adult, and may forward
such fingerprints and descriptions for minors arrested for
Class A or B misdemeanors. Moving or nonmoving traffic
violations under the Illinois Vehicle Code shall not be
reported except for violations of Chapter 4, Section 11-204.1,
or Section 11-501, or Section 11-508 of that Code. In addition,
conservation offenses, as defined in the Supreme Court Rule
501(c), that are classified as Class B misdemeanors shall not
be reported. Those law enforcement records maintained by the

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Department for minors arrested for an offense prior to their
17th birthday, or minors arrested for a non-felony offense, if
committed by an adult, prior to their 18th birthday, shall not
be forwarded to the Federal Bureau of Investigation unless
those records relate to an arrest in which a minor was charged
as an adult under any of the transfer provisions of the
Juvenile Court Act of 1987.
(Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09;
96-409, eff. 1-1-10; 96-707, eff. 1-1-10; 96-1000, eff.
7-2-10.)
(Text of Section after amendment by P.A. 98-528)
Sec. 5. Arrest reports. All policing bodies of this State
shall furnish to the Department, daily, in the form and detail
the Department requires, fingerprints, descriptions, and
ethnic and racial background data as provided in Section 4.5 of
this Act of all persons who are arrested on charges of
violating any penal statute of this State for offenses that are
classified as felonies and Class A or B misdemeanors and of all
minors of the age of 10 and over who have been arrested for an
offense which would be a felony if committed by an adult, and
may forward such fingerprints and descriptions for minors
arrested for Class A or B misdemeanors. Moving or nonmoving
traffic violations under the Illinois Vehicle Code shall not be
reported except for violations of Chapter 4, Section 11-204.1,
or Section 11-501, or Section 11-508 of that Code. In addition,

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conservation offenses, as defined in the Supreme Court Rule
501(c), that are classified as Class B misdemeanors shall not
be reported. Those law enforcement records maintained by the
Department for minors arrested for an offense prior to their
17th birthday, or minors arrested for a non-felony offense, if
committed by an adult, prior to their 18th birthday, shall not
be forwarded to the Federal Bureau of Investigation unless
those records relate to an arrest in which a minor was charged
as an adult under any of the transfer provisions of the
Juvenile Court Act of 1987.
(Source: P.A. 98-528, eff. 1-1-15.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 2-118.1, 6-206, 6-208.1, 11-500, 11-501,
11-501.01, 11-501.2, 11-501.4, 11-501.4-1, and 11-501.6 and by
adding Section 11-508 as follows:
(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
Sec. 2-118.1. Opportunity for hearing; statutory summary
alcohol or other drug related suspension or revocation pursuant
to Section 11-501.1.
(a) A statutory summary suspension or revocation of driving
privileges under Section 11-501.1 shall not become effective
until the person is notified in writing of the impending
suspension or revocation and informed that he may request a
hearing in the circuit court of venue under paragraph (b) of

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this Section and the statutory summary suspension or revocation
shall become effective as provided in Section 11-501.1.
(b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section 11-501.1, the
person may make a written request for a judicial hearing in the
circuit court of venue. The request to the circuit court shall
state the grounds upon which the person seeks to have the
statutory summary suspension or revocation rescinded. Within
30 days after receipt of the written request or the first
appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a
local ordinance, the hearing shall be conducted by the circuit
court having jurisdiction. This judicial hearing, request, or
process shall not stay or delay the statutory summary
suspension or revocation. The hearings shall proceed in the
court in the same manner as in other civil proceedings.
The hearing may be conducted upon a review of the law
enforcement officer's own official reports; provided however,
that the person may subpoena the officer. Failure of the
officer to answer the subpoena shall be considered grounds for
a continuance if in the court's discretion the continuance is
appropriate.
The scope of the hearing shall be limited to the issues of:
1. Whether the person was placed under arrest for an
offense as defined in Section 11-501, or a similar
provision of a local ordinance, as evidenced by the

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issuance of a Uniform Traffic Ticket, or issued a Uniform
Traffic Ticket out of state as provided in subsection (a)
or (a-5) of Section 11-501.1; and
2. Whether the officer had reasonable grounds to
believe that the person was driving or in actual physical
control of a motor vehicle upon a highway while under the
influence of alcohol, other drug, or combination of both;
and
3. Whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended or revoked if the person refused to submit to
and complete the test or tests, did refuse to submit to or
complete the test or tests authorized under Section
11-501.1; or
4. Whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended if the person submits to a chemical test, or
tests, and the test discloses an alcohol concentration of
0.08 or more, or any amount of a drug, substance, or
compound in the person's blood or urine after exhibiting
other indicia that the person is incapable of driving
safely 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 as listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed

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in the Methamphetamine Control and Community Protection
Act, and the person did submit to and complete the test or
tests that determined an alcohol concentration of 0.08 or
more.
4.2. If the person is a qualifying patient licensed
under the Compassionate Use of Medical Cannabis Pilot
Program Act who is in possession of a valid registry card
issued under that Act, after being advised by the officer
that the privilege to operate a motor vehicle would be
suspended or revoked if the person refused to submit to and
complete the test or tests, did refuse to submit to or
complete the test or tests authorized under Section
11-501.1.
4.5. If the person is a qualifying patient licensed
under the Compassionate Use of Medical Cannabis Pilot
Program Act who is in possession of a valid registry card
issued under that Act, whether that person, after being
advised by the officer that the privilege to operate a
motor vehicle would be suspended if the person submits to a
standardized field sobriety test, or tests, and the test
indicates impairment resulting from the consumption of
cannabis, did submit to and complete the test or tests that
indicated impairment.
5. If the person's driving privileges were revoked,
whether the person was involved in a motor vehicle accident
that caused Type A injury or death to another.

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Upon the conclusion of the judicial hearing, the circuit
court shall sustain or rescind the statutory summary suspension
or revocation and immediately notify the Secretary of State.
Reports received by the Secretary of State under this Section
shall be privileged information and for use only by the courts,
police officers, and Secretary of State.
(Source: P.A. 98-122, eff. 1-1-14.)
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the

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movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit under

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the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B

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of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to criminal trespass to vehicles in which case, the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012

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relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois of or
for a traffic related offense that is the same as or
similar to an offense specified under Section 6-205 or
6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis

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Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute, promoting juvenile
prostitution as described in subdivision (a)(1), (a)(2),
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
or the Criminal Code of 2012, and the manufacture, sale or
delivery of controlled substances or instruments used for
illegal drug use or abuse in which case the driver's
driving privileges shall be suspended for one year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;

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31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound after
exhibiting other indicia that the person is incapable of
driving or operating a motorboat safely resulting from the
unlawful use or consumption of cannabis as listed in the
Cannabis Control Act, a controlled substance as listed in
the Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to the aggravated discharge of a firearm if the offender
was located in a motor vehicle at the time the firearm was
discharged, in which case the suspension shall be for 3
years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;

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35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;

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43. Has received a disposition of court supervision for
a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code; or
47. Has committed a violation of Section 11-502.1 of
this Code.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the

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Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a) of
this Section, a person's privilege to operate a vehicle as
an occupation shall not be suspended, provided an affidavit
is properly completed, the appropriate fee received, and a
permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of
which occurred while operating a commercial vehicle in

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connection with the driver's regular occupation. All other
driving privileges shall be suspended by the Secretary of
State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on
forms to be provided by the Secretary of State setting
forth the facts of the person's occupation. The affidavit
shall also state the number of offenses committed while
operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as
set forth in the notice that was mailed under this Section.
If an affidavit is received subsequent to the effective
date of this suspension, a permit may be issued for the
remainder of the suspension period.
The provisions of this subparagraph shall not apply to
any driver required to possess a CDL for the purpose of
operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section
6-302 and upon conviction thereof shall have all driving
privileges revoked without further rights.

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3. At the conclusion of a hearing under Section 2-118
of this Code, the Secretary of State shall either rescind
or continue an order of revocation or shall substitute an
order of suspension; or, good cause appearing therefor,
rescind, continue, change, or extend the order of
suspension. If the Secretary of State does not rescind the
order, the Secretary may upon application, to relieve undue
hardship (as defined by the rules of the Secretary of
State), issue a restricted driving permit granting the
privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a
licensed service provider, or to allow the petitioner to
transport himself or herself or a family member of the
petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the
petitioner to transport children, elderly persons, or
disabled persons who do not hold driving privileges and are
living in the petitioner's household to and from daycare.
The petitioner must demonstrate that no alternative means

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of transportation is reasonably available and that the
petitioner will not endanger the public safety or welfare.
Those multiple offenders identified in subdivision (b)4 of
Section 6-208 of this Code, however, shall not be eligible
for the issuance of a restricted driving permit.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense, or a combination of
these offenses, arising out of separate occurrences,
that person, if issued a restricted driving permit, may
not operate a vehicle unless it has been equipped with
an ignition interlock device as defined in Section
1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or

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other drugs is recited as an element of the
offense, or a similar out-of-state offense; or
(ii) a statutory summary suspension or
revocation under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the
operation of an occupational vehicle owned or leased by
that person's employer when used solely for employment
purposes.
(E) In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire
within one year from the date of issuance. The

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Secretary may not, however, issue a restricted driving
permit to any person whose current revocation is the
result of a second or subsequent conviction for a
violation of Section 11-501 of this Code or a similar
provision of a local ordinance or any similar
out-of-state offense, or Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, where the
use of alcohol or other drugs is recited as an element
of the offense, or any similar out-of-state offense, or
any combination of those offenses, until the
expiration of at least one year from the date of the
revocation. A restricted driving permit issued under
this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause
for the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may,
as a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program.
The Secretary of State is authorized to cancel a
restricted driving permit if the permit holder does not

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successfully complete the program.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the 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.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.

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(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
1-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
(Text of Section from P.A. 96-1526 and 98-122)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension.
(a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor vehicle
on the public highways has been summarily suspended, pursuant
to Section 11-501.1, shall not be eligible for restoration of
the privilege until the expiration of:
1. Twelve months from the effective date of the

SB2953 - 24 - LRB098 12710 MLW 47181 b
statutory summary suspension for a refusal or failure to
complete a test or tests authorized under Section 11-501.1;
or
2. Six months from the effective date of the statutory
summary suspension imposed following the person's
submission to a chemical test which disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in such person's
breath, blood, or urine after exhibiting other indicia that
the person is incapable of driving safely 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, pursuant to Section
11-501.1; or
3. Three years from the effective date of the statutory
summary suspension for any person other than a first
offender who refuses or fails to complete a test or tests
to determine the alcohol, drug, or intoxicating compound
concentration pursuant to Section 11-501.1; or
4. One year from the effective date of the summary
suspension imposed for any person other than a first
offender following submission to a chemical test which
disclosed an alcohol concentration of 0.08 or more pursuant

SB2953 - 25 - LRB098 12710 MLW 47181 b
to Section 11-501.1 or any amount of a drug, substance or
compound in such person's blood or urine after exhibiting
other indicia that the person is incapable of driving
safely 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; or
5. Six months from the effective date of the statutory
summary suspension imposed for any person following
submission to a standardized field sobriety test that
disclosed impairment if the person is a qualifying patient
licensed under the Compassionate Use of Medical Cannabis
Pilot Program Act who is in possession of a valid registry
card issued under that Act and submitted to testing under
subsection (a-5) of Section 11-501.1.
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
driving privileges shall be restored unless the person is
otherwise suspended, revoked, or cancelled by this Code. If the
court has reason to believe that the person's driving privilege
should not be restored, the court shall notify the Secretary of
State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to this

SB2953 - 26 - LRB098 12710 MLW 47181 b
Code.
(c) Driving privileges may not be restored until all
applicable reinstatement fees, as provided by this Code, have
been paid to the Secretary of State and the appropriate entry
made to the driver's record.
(d) Where a driving privilege has been summarily suspended
under Section 11-501.1 and the person is subsequently convicted
of violating Section 11-501, or a similar provision of a local
ordinance, for the same incident, any period served on
statutory summary suspension shall be credited toward the
minimum period of revocation of driving privileges imposed
pursuant to Section 6-205.
(e) (Blank).
(f) (Blank).
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender, as defined in Section 11-500, the
Secretary of State may not issue a restricted driving permit.
(h) (Blank).
(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
eff. 8-21-08; 96-1526, eff. 2-14-11; 98-122, eff. 1-1-14.)
(Text of Section from P.A. 96-1344, 97-229, and 98-122)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension or
revocation.

SB2953 - 27 - LRB098 12710 MLW 47181 b
(a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor vehicle
on the public highways has been summarily suspended, pursuant
to Section 11-501.1, shall not be eligible for restoration of
the privilege until the expiration of:
1. Twelve months from the effective date of the
statutory summary suspension for a refusal or failure to
complete a test or tests authorized under Section 11-501.1,
if the person was not involved in a motor vehicle crash
that caused personal injury or death to another; or
2. Six months from the effective date of the statutory
summary suspension imposed following the person's
submission to a chemical test which disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in such person's
breath, blood, or urine after exhibiting other indicia that
the person is incapable of driving safely 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, pursuant to Section
11-501.1; or
3. Three years from the effective date of the statutory
summary suspension for any person other than a first

SB2953 - 28 - LRB098 12710 MLW 47181 b
offender who refuses or fails to complete a test or tests
to determine the alcohol, drug, or intoxicating compound
concentration pursuant to Section 11-501.1; or
4. One year from the effective date of the summary
suspension imposed for any person other than a first
offender following submission to a chemical test which
disclosed an alcohol concentration of 0.08 or more pursuant
to Section 11-501.1 or any amount of a drug, substance or
compound in such person's blood or urine after exhibiting
other indicia that the person is incapable of driving
safely 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; or
5. Six months from the effective date of the statutory
summary suspension imposed for any person following
submission to a standardized field sobriety test that
disclosed impairment if the person is a qualifying patient
licensed under the Compassionate Use of Medical Cannabis
Pilot Program Act who is in possession of a valid registry
card issued under that Act and submitted to testing under
subsection (a-5) of Section 11-501.1.
(a-1) Unless the statutory summary revocation has been

SB2953 - 29 - LRB098 12710 MLW 47181 b
rescinded, any person whose privilege to drive has been
summarily revoked pursuant to Section 11-501.1 may not make
application for a license or permit until the expiration of one
year from the effective date of the summary revocation.
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
driving privileges shall be restored unless the person is
otherwise suspended, revoked, or cancelled by this Code. If the
court has reason to believe that the person's driving privilege
should not be restored, the court shall notify the Secretary of
State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to this
Code.
(c) Driving privileges may not be restored until all
applicable reinstatement fees, as provided by this Code, have
been paid to the Secretary of State and the appropriate entry
made to the driver's record.
(d) Where a driving privilege has been summarily suspended
or revoked under Section 11-501.1 and the person is
subsequently convicted of violating Section 11-501, or a
similar provision of a local ordinance, for the same incident,
any period served on statutory summary suspension or revocation
shall be credited toward the minimum period of revocation of
driving privileges imposed pursuant to Section 6-205.
(e) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first offender,

SB2953 - 30 - LRB098 12710 MLW 47181 b
the circuit court shall, unless the offender has opted in
writing not to have a monitoring device driving permit issued,
order the Secretary of State to issue a monitoring device
driving permit as provided in Section 6-206.1. A monitoring
device driving permit shall not be effective prior to the 31st
day of the statutory summary suspension. A first offender who
refused chemical testing and whose driving privileges were
summarily revoked pursuant to Section 11-501.1 shall not be
eligible for a monitoring device driving permit, but may make
application for reinstatement or for a restricted driving
permit after a period of one year has elapsed from the
effective date of the revocation.
(f) (Blank).
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender, as defined in Section 11-500, the
Secretary of State may not issue a restricted driving permit.
(h) (Blank).
(Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11;
98-122, eff. 1-1-14.)
(625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
Sec. 11-500. Definitions. For the purposes of interpreting
Sections 6-206.1 and 6-208.1 of this Code, "first offender"
shall mean any person who has not had a previous conviction or
court assigned supervision for violating Section 11-501, or a

SB2953 - 31 - LRB098 12710 MLW 47181 b
similar provision of a local ordinance, or a conviction in any
other state for a violation of driving while under the
influence or a similar offense where the cause of action is the
same or substantially similar to this Code or similar offenses
committed on a military installation, or any person who has not
had a driver's license suspension pursuant to paragraph 6 of
subsection (a) of Section 6-206 as the result of refusal of
chemical testing in another state, or any person who has not
had a driver's license suspension or revocation for violating
Section 11-501.1 within 5 years prior to the date of the
current offense, except in cases where the driver submitted to
chemical testing resulting in an alcohol concentration of 0.08
or more, or any amount of a drug, substance, or compound in
such person's blood or urine after exhibiting other indicia
that the person is incapable of driving safely 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 an intoxicating
compound listed in the Use of Intoxicating Compounds Act, or
methamphetamine as listed in the Methamphetamine Control and
Community Protection Act and was subsequently found not guilty
of violating Section 11-501, or a similar provision of a local
ordinance.
(Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09;
96-1344, eff. 7-1-11.)

SB2953 - 32 - LRB098 12710 MLW 47181 b
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood or
breath is 0.08 or more based on the definition of blood and
breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or
combination of intoxicating compounds to a degree that
renders the person incapable of driving safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving; or
(5) under the combined influence of alcohol, other drug
or drugs, or intoxicating compound or compounds to a degree
that renders the person incapable of safely driving. ; or
(6) (blank). there is any amount of a drug, substance,
or 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

SB2953 - 33 - LRB098 12710 MLW 47181 b
Methamphetamine Control and Community Protection Act.
Subject to all other requirements and provisions under this
Section, this paragraph (6) does not apply to the lawful
consumption of cannabis by a qualifying patient licensed
under the Compassionate Use of Medical Cannabis Pilot
Program Act who is in possession of a valid registry card
issued under that Act, unless that person is impaired by
the use of cannabis.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol,
cannabis under the Compassionate Use of Medical Cannabis Pilot
Program Act, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, shall not constitute a
defense against any charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
person convicted of violating subsection (a) of this
Section is guilty of a Class A misdemeanor.
(2) A person who violates subsection (a) or a similar
provision a second time shall be sentenced to a mandatory
minimum term of either 5 days of imprisonment or 240 hours
of community service in addition to any other criminal or
administrative sanction.
(3) A person who violates subsection (a) is subject to
6 months of imprisonment, an additional mandatory minimum
fine of $1,000, and 25 days of community service in a

SB2953 - 34 - LRB098 12710 MLW 47181 b
program benefiting children if the person was transporting
a person under the age of 16 at the time of the violation.
(4) A person who violates subsection (a) a first time,
if the alcohol concentration in his or her blood, breath,
or urine was 0.16 or more based on the definition of blood,
breath, or urine units in Section 11-501.2, shall be
subject, in addition to any other penalty that may be
imposed, to a mandatory minimum of 100 hours of community
service and a mandatory minimum fine of $500.
(5) A person who violates subsection (a) a second time,
if at the time of the second violation the alcohol
concentration in his or her blood, breath, or urine was
0.16 or more based on the definition of blood, breath, or
urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 2 days of imprisonment and a mandatory
minimum fine of $1,250.
(d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
(1) Every person convicted of committing a violation of
this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of subsection

SB2953 - 35 - LRB098 12710 MLW 47181 b
(a) or a similar provision for the third or subsequent
time;
(B) the person committed a violation of subsection
(a) while driving a school bus with one or more
passengers on board;
(C) the person in committing a violation of
subsection (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries;
(D) the person committed a violation of subsection
(a) and has been previously convicted of violating
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a similar provision of a law
of another state relating to reckless homicide in which
the person was determined to have been under the
influence of alcohol, other drug or drugs, or
intoxicating compound or compounds as an element of the
offense or the person has previously been convicted
under subparagraph (C) or subparagraph (F) of this
paragraph (1);
(E) the person, in committing a violation of
subsection (a) while driving at any speed in a school
speed zone at a time when a speed limit of 20 miles per
hour was in effect under subsection (a) of Section
11-605 of this Code, was involved in a motor vehicle

SB2953 - 36 - LRB098 12710 MLW 47181 b
accident that resulted in bodily harm, other than great
bodily harm or permanent disability or disfigurement,
to another person, when the violation of subsection (a)
was a proximate cause of the bodily harm;
(F) the person, in committing a violation of
subsection (a), was involved in a motor vehicle,
snowmobile, all-terrain vehicle, or watercraft
accident that resulted in the death of another person,
when the violation of subsection (a) was a proximate
cause of the death;
(G) the person committed a violation of subsection
(a) during a period in which the defendant's driving
privileges are revoked or suspended, where the
revocation or suspension was for a violation of
subsection (a) or a similar provision, Section
11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(H) the person committed the violation while he or
she did not possess a driver's license or permit or a
restricted driving permit or a judicial driving permit
or a monitoring device driving permit;
(I) the person committed the violation while he or
she knew or should have known that the vehicle he or
she was driving was not covered by a liability
insurance policy;

SB2953 - 37 - LRB098 12710 MLW 47181 b
(J) the person in committing a violation of
subsection (a) was involved in a motor vehicle accident
that resulted in bodily harm, but not great bodily
harm, to the child under the age of 16 being
transported by the person, if the violation was the
proximate cause of the injury;
(K) the person in committing a second violation of
subsection (a) or a similar provision was transporting
a person under the age of 16; or
(L) the person committed a violation of subsection
(a) of this Section while transporting one or more
passengers in a vehicle for-hire.
(2)(A) Except as provided otherwise, a person
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is guilty of a Class
4 felony.
(B) A third violation of this Section or a similar
provision is a Class 2 felony. If at the time of the third
violation the alcohol concentration in his or her blood,
breath, or urine was 0.16 or more based on the definition
of blood, breath, or urine units in Section 11-501.2, a
mandatory minimum of 90 days of imprisonment and a
mandatory minimum fine of $2,500 shall be imposed in
addition to any other criminal or administrative sanction.
If at the time of the third violation, the defendant was

SB2953 - 38 - LRB098 12710 MLW 47181 b
transporting a person under the age of 16, a mandatory fine
of $25,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(C) A fourth violation of this Section or a similar
provision is a Class 2 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the fourth
violation, the defendant was transporting a person under
the age of 16 a mandatory fine of $25,000 and 25 days of
community service in a program benefiting children shall be
imposed in addition to any other criminal or administrative
sanction.
(D) A fifth violation of this Section or a similar
provision is a Class 1 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or

SB2953 - 39 - LRB098 12710 MLW 47181 b
administrative sanction. If at the time of the fifth
violation, the defendant was transporting a person under
the age of 16, a mandatory fine of $25,000, and 25 days of
community service in a program benefiting children shall be
imposed in addition to any other criminal or administrative
sanction.
(E) A sixth or subsequent violation of this Section or
similar provision is a Class X felony. If at the time of
the violation, the alcohol concentration in the
defendant's blood, breath, or urine was 0.16 or more based
on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the violation,
the defendant was transporting a person under the age of
16, a mandatory fine of $25,000 and 25 days of community
service in a program benefiting children shall be imposed
in addition to any other criminal or administrative
sanction.
(F) For a violation of subparagraph (C) of paragraph
(1) of this subsection (d), the defendant, if sentenced to
a term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years.
(G) A violation of subparagraph (F) of paragraph (1) of
this subsection (d) is a Class 2 felony, for which the
defendant, unless the court determines that extraordinary

SB2953 - 40 - LRB098 12710 MLW 47181 b
circumstances exist and require probation, shall be
sentenced to: (i) a term of imprisonment of not less than 3
years and not more than 14 years if the violation resulted
in the death of one person; or (ii) a term of imprisonment
of not less than 6 years and not more than 28 years if the
violation resulted in the deaths of 2 or more persons.
(H) For a violation of subparagraph (J) of paragraph
(1) of this subsection (d), a mandatory fine of $2,500, and
25 days of community service in a program benefiting
children shall be imposed in addition to any other criminal
or administrative sanction.
(I) A violation of subparagraph (K) of paragraph (1) of
this subsection (d), is a Class 2 felony and a mandatory
fine of $2,500, and 25 days of community service in a
program benefiting children shall be imposed in addition to
any other criminal or administrative sanction. If the child
being transported suffered bodily harm, but not great
bodily harm, in a motor vehicle accident, and the violation
was the proximate cause of that injury, a mandatory fine of
$5,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(J) A violation of subparagraph (D) of paragraph (1) of
this subsection (d) is a Class 3 felony, for which a
sentence of probation or conditional discharge may not be
imposed.

SB2953 - 41 - LRB098 12710 MLW 47181 b
(3) Any person sentenced under this subsection (d) who
receives a term of probation or conditional discharge must
serve a minimum term of either 480 hours of community
service or 10 days of imprisonment as a condition of the
probation or conditional discharge in addition to any other
criminal or administrative sanction.
(e) Any reference to a prior violation of subsection (a) or
a similar provision includes any violation of a provision of a
local ordinance or a provision of a law of another state or an
offense committed on a military installation that is similar to
a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this Section
shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has
been revoked for a previous violation of subsection (a) of this
Section shall be in addition to the penalty imposed for any
subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14;
98-573, eff. 8-27-13; revised 9-19-13.)
(625 ILCS 5/11-501.01)
Sec. 11-501.01. Additional administrative sanctions.

SB2953 - 42 - LRB098 12710 MLW 47181 b
(a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or 11-508 or a
similar provision of a local ordinance, individuals shall be
required to undergo a professional evaluation to determine if
an alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be paid
for by the individual required to undergo the professional
evaluation.
(b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a
disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
(c) Every person found guilty of violating Section 11-501,
whose operation of a motor vehicle while in violation of that
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense

SB2953 - 43 - LRB098 12710 MLW 47181 b
of an emergency response as provided in subsection (i) of this
Section.
(d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
(e) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person
who has been convicted of a second or subsequent offense of
Section 11-501 or a similar provision of a local ordinance. The
person must pay to the Secretary of State DUI Administration
Fund an amount not to exceed $30 for each month that he or she
uses the device. The Secretary shall establish by rule and
regulation the procedures for certification and use of the
interlock system, the amount of the fee, and the procedures,
terms, and conditions relating to these fees.
(f) In addition to any other penalties and liabilities, a
person who is found guilty of or pleads guilty to violating
Section 11-501, including any person placed on court
supervision for violating Section 11-501, shall be assessed
$750, payable to the circuit clerk, who shall distribute the
money as follows: $350 to the law enforcement agency that made
the arrest, and $400 shall be forwarded to the State Treasurer
for deposit into the General Revenue Fund. If the person has
been previously convicted of violating Section 11-501 or a
similar provision of a local ordinance, the fine shall be
$1,000, and the circuit clerk shall distribute $200 to the law

SB2953 - 44 - LRB098 12710 MLW 47181 b
enforcement agency that made the arrest and $800 to the State
Treasurer for deposit into the General Revenue Fund. In the
event that more than one agency is responsible for the arrest,
the amount payable to law enforcement agencies shall be shared
equally. Any moneys received by a law enforcement agency under
this subsection (f) shall be used for enforcement and
prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations. Any moneys received
by the Department of State Police under this subsection (f)
shall be deposited into the State Police DUI Fund and shall be
used to purchase law enforcement equipment that will assist in
the prevention of alcohol related criminal violence throughout
the State.
(g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury. All moneys received by the
Secretary of State Police under subsection (f) of this Section
shall be deposited into the Secretary of State Police DUI Fund

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and, subject to appropriation, shall be used for enforcement
and prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations.
(h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's

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state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
(i) In addition to any other fine or penalty required by
law, an individual convicted of a violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision, whose operation of a motor vehicle,
snowmobile, or watercraft while in violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision proximately caused an incident resulting in
an appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response. The restitution may not exceed $1,000 per public
agency for each emergency response. As used in this subsection
(i), "emergency response" means any incident requiring a
response by a police officer, a firefighter carried on the
rolls of a regularly constituted fire department, or an
ambulance. With respect to funds designated for the Department
of State Police, the moneys shall be remitted by the circuit
court clerk to the State Police within one month after receipt
for deposit into the State Police DUI Fund. With respect to
funds designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys into
the Conservation Police Operations Assistance Fund.

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(j) A person that is subject to a chemical test or tests of
blood under subsection (a) of Section 11-501.1 or subdivision
(c)(2) of Section 11-501.2 of this Code, whether or not that
person consents to testing, shall be liable for the expense up
to $500 for blood withdrawal by a physician authorized to
practice medicine, a licensed physician assistant, a licensed
advanced practice nurse, a registered nurse, a trained
phlebotomist, a certified paramedic, or a qualified person
other than a police officer approved by the Department of State
Police to withdraw blood, who responds, whether at a law
enforcement facility or a health care facility, to a police
department request for the drawing of blood based upon refusal
of the person to submit to a lawfully requested breath test or
probable cause exists to believe the test would disclose the
ingestion, consumption, or use of drugs or intoxicating
compounds if:
(1) the person is found guilty of violating Section
11-501 of this Code or a similar provision of a local
ordinance; or
(2) the person pleads guilty to or stipulates to facts
supporting a violation of Section 11-503 of this Code or a
similar provision of a local ordinance when the plea or
stipulation was the result of a plea agreement in which the
person was originally charged with violating Section
11-501 of this Code or a similar local ordinance.
(Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13;

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98-292, eff. 1-1-14; 98-463, eff. 8-16-13.)
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as defined
in Section 11-501, 11-508, or a similar local ordinance or
proceedings pursuant to Section 2-118.1, evidence of the
concentration of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof in a person's
blood or breath at the time alleged, as determined by analysis
of the person's blood, urine, breath or other bodily substance,
shall be admissible. Where such test is made the following
provisions shall apply:
1. Chemical analyses of the person's blood, urine,
breath or other bodily substance to be considered valid
under the provisions of this Section shall have been
performed according to standards promulgated by the
Department of State Police by a licensed physician,
registered nurse, trained phlebotomist, certified
paramedic, or other 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 such analyses, to
issue permits which shall be subject to termination or

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revocation at the discretion of that Department and to
certify the accuracy of breath testing equipment. The
Department of State Police shall prescribe regulations as
necessary to implement this Section.
2. When a person in this State shall submit to a blood
test at the request of a law enforcement officer under the
provisions of Section 11-501.1, only a physician
authorized to practice medicine, a licensed physician
assistant, a licensed advanced practice nurse, a
registered nurse, trained phlebotomist, or certified
paramedic, or other qualified person approved by the
Department of State Police may withdraw blood for the
purpose of determining the alcohol, drug, or alcohol and
drug content therein. This limitation shall not apply to
the taking of breath or urine specimens.
When a blood test of a person who has been taken to an
adjoining state for medical treatment is requested by an
Illinois law enforcement officer, the blood may be
withdrawn only by a physician authorized to practice
medicine in the adjoining state, a licensed physician
assistant, a licensed advanced practice nurse, a
registered nurse, a trained phlebotomist acting under the
direction of the physician, or certified paramedic. The law
enforcement officer requesting the test shall take custody
of the blood sample, and the blood sample shall be analyzed
by a laboratory certified by the Department of State Police

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for that purpose.
3. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to any administered at
the direction of a law enforcement officer. The failure or
inability to obtain an additional test by a person shall
not preclude the admission of evidence relating to the test
or tests taken at the direction of a law enforcement
officer.
4. Upon the request of the person who shall submit to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or such person's
attorney.
5. Alcohol concentration shall mean either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(a-5) Law enforcement officials may use standardized field
sobriety tests approved by the National Highway Traffic Safety
Administration when conducting investigations of a violation
of Section 11-501 or similar local ordinance by drivers
suspected of driving under the influence of cannabis. The
General Assembly finds that standardized field sobriety tests
approved by the National Highway Traffic Safety Administration
are divided attention tasks that are intended to determine if a

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person is under the influence of cannabis. The purpose of these
tests is to determine the effect of the use of cannabis on a
person's capacity to think and act with ordinary care and
therefore operate a motor vehicle safely. Therefore, the
results of these standardized field sobriety tests,
appropriately administered, shall be admissible in the trial of
any civil or criminal action or proceeding arising out of an
arrest for a cannabis-related offense as defined in Section
11-501 or a similar local ordinance or proceedings under
Section 2-118.1. Where a test is made the following provisions
shall apply:
1. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to the standardized
field sobriety test or tests administered at the direction
of a law enforcement officer. The failure or inability to
obtain an additional test by a person does not preclude the
admission of evidence relating to the test or tests taken
at the direction of a law enforcement officer.
2. Upon the request of the person who shall submit to a
standardized field sobriety 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 the
person's attorney.
3. At the trial of any civil or criminal action or

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proceeding arising out of an arrest for an offense as
defined in Section 11-501 or a similar local ordinance or
proceedings under Section 2-118.1 in which the results of
these standardized field sobriety tests are admitted, the
cardholder may present and the trier of fact may consider
evidence that the card holder lacked the physical capacity
to perform the standardized field sobriety tests.
(b) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while driving or in actual physical control of a
vehicle while under the influence of alcohol, the concentration
of alcohol in the person's blood or breath at the time alleged
as shown by analysis of the person's blood, urine, breath, or
other bodily substance shall give rise to the following
presumptions:
1. If there was at that time an alcohol concentration
of 0.05 or less, it shall be presumed that the person was
not under the influence of alcohol.
2. If there was at that time an alcohol concentration
in excess of 0.05 but less than 0.08, such facts shall not
give rise to any presumption that the person was or was not
under the influence of alcohol, but such fact may be
considered with other competent evidence in determining
whether the person was under the influence of alcohol.
3. If there was at that time an alcohol concentration
of 0.08 or more, it shall be presumed that the person was

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under the influence of alcohol.
4. The foregoing provisions of this Section shall not
be construed as limiting the introduction of any other
relevant evidence bearing upon the question whether the
person was under the influence of alcohol.
(c) 1. If a person under arrest refuses to submit to a
chemical test under the provisions of Section 11-501.1,
evidence of refusal shall be admissible in any civil or
criminal action or proceeding arising out of acts alleged to
have been committed while the person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof was driving or in actual
physical control of a motor vehicle.
2. Notwithstanding any ability to refuse under this Code to
submit to these tests or any ability to revoke the implied
consent to these tests, if a law enforcement officer has
probable cause to believe that a motor vehicle driven by or in
actual physical control of a person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof has caused the death or
personal injury to another, the law enforcement officer shall
request, and that person shall submit, upon the request of a
law enforcement officer, to a chemical test or tests of his or
her blood, breath or urine for the purpose of determining the
alcohol content thereof or the presence of any other drug or
combination of both.

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This provision does not affect the applicability of or
imposition of driver's license sanctions under Section
11-501.1 of this Code.
3. For purposes of this Section, a personal injury includes
any Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or a medical
facility. A Type A injury includes severe bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11;
97-813, eff. 7-13-12; 98-122, eff. 1-1-14.)
(625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
Sec. 11-501.4. Admissibility of chemical tests of blood or
urine conducted in the regular course of providing emergency
medical treatment.
(a) Notwithstanding any other provision of law, the results
of blood or urine tests performed for the purpose of
determining the content of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof, of an individual's blood or urine conducted upon
persons receiving medical treatment in a hospital emergency
room are admissible in evidence as a business record exception
to the hearsay rule only in prosecutions for any violation of
Section 11-501 or 11-508 of this Code or a similar provision of

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a local ordinance, or in prosecutions for reckless homicide
brought under the Criminal Code of 1961 or the Criminal Code of
2012, when each of the following criteria are met:
(1) the chemical tests performed upon an individual's
blood or urine were ordered in the regular course of
providing emergency medical treatment and not at the
request of law enforcement authorities;
(2) the chemical tests performed upon an individual's
blood or urine were performed by the laboratory routinely
used by the hospital; and
(3) results of chemical tests performed upon an
individual's blood or urine are admissible into evidence
regardless of the time that the records were prepared.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to chemical tests performed upon an individual's
blood or urine under the provisions of this Section in
prosecutions as specified in subsection (a) of this Section. No
person shall be liable for civil damages as a result of the
evidentiary use of chemical testing of an individual's blood or
urine test results under this Section, or as a result of that
person's testimony made available under this Section.
(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
(625 ILCS 5/11-501.4-1)
Sec. 11-501.4-1. Reporting of test results of blood or

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urine conducted in the regular course of providing emergency
medical treatment.
(a) Notwithstanding any other provision of law, the results
of blood or urine tests performed for the purpose of
determining the content of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof, in an individual's blood or urine conducted upon
persons receiving medical treatment in a hospital emergency
room for injuries resulting from a motor vehicle accident shall
be disclosed to the Department of State Police or local law
enforcement agencies of jurisdiction, upon request. Such blood
or urine tests are admissible in evidence as a business record
exception to the hearsay rule only in prosecutions for any
violation of Section 11-501 or 11-508 of this Code or a similar
provision of a local ordinance, or in prosecutions for reckless
homicide brought under the Criminal Code of 1961 or the
Criminal Code of 2012.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to tests performed upon an individual's blood or
urine under the provisions of subsection (a) of this Section.
No person shall be liable for civil damages or professional
discipline as a result of the disclosure or reporting of the
tests or the evidentiary use of an individual's blood or urine
test results under this Section or Section 11-501.4 or as a
result of that person's testimony made available under this

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Section or Section 11-501.4, except for willful or wanton
misconduct.
(Source: P.A. 97-1150, eff. 1-25-13.)
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
Sec. 11-501.6. Driver involvement in personal injury or
fatal motor vehicle accident; chemical test.
(a) Any person who drives or is in actual control of a
motor vehicle upon the public highways of this State and who
has been involved in a personal injury or fatal motor vehicle
accident, shall be deemed to have given consent to a breath
test using a portable device as approved by the Department of
State Police or 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 of
such person's blood if arrested as evidenced by the issuance of
a Uniform Traffic Ticket for any violation of the Illinois
Vehicle Code or a similar provision of a local ordinance, with
the exception of equipment violations contained in Chapter 12
of this Code, or similar provisions of local ordinances. The
test or tests shall be administered at the direction of the
arresting officer. The law enforcement agency employing the
officer shall designate which of the aforesaid tests shall be
administered. A urine test may be administered even after a
blood or breath test or both has been administered. Compliance
with this Section does not relieve such person from the

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requirements of Section 11-501.1 of this Code.
(b) Any person who is dead, unconscious or who is otherwise
in a condition rendering such person incapable of refusal shall
be deemed not to have withdrawn the consent provided by
subsection (a) of this Section. In addition, if a driver of a
vehicle is receiving medical treatment as a result of a motor
vehicle accident, any physician licensed to practice medicine,
licensed physician assistant, licensed advanced practice
nurse, registered nurse or a phlebotomist acting under the
direction of a licensed physician shall withdraw blood for
testing purposes to ascertain the presence of alcohol, other
drug or drugs, or intoxicating compound or compounds, upon the
specific request of a law enforcement officer. However, no such
testing shall be performed until, in the opinion of the medical
personnel on scene, the withdrawal can be made without
interfering with or endangering the well-being of the patient.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test, or submission to
the test resulting in an alcohol concentration of 0.08 or more,
or any amount of a drug, substance, or intoxicating 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

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Methamphetamine Control and Community Protection Act as
detected in such person's blood or urine, may result in the
suspension of such person's privilege to operate a motor
vehicle 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
length of the suspension shall be the same as outlined in
Section 6-208.1 of this Code regarding statutory summary
suspensions.
(d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.08 or more, or
any amount of a drug, substance, or intoxicating compound in
such person's blood or urine after exhibiting other indicia
that the person is incapable of driving safely 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 Secretary of State on
a form prescribed by the Secretary, certifying that the test or
tests were requested pursuant to subsection (a) and the person
refused to submit to a test or tests or submitted to testing
which disclosed an alcohol concentration of 0.08 or more, or
any amount of a drug, substance, or intoxicating compound in

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such person's blood or urine, after exhibiting other indicia
that the person is incapable of driving safely 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.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall enter the suspension and
disqualification to 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.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and such suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of 0.08 or
more, or any amount of a drug, substance, or intoxicating
compound after exhibiting other indicia that the person is
incapable of driving safely resulting from the unlawful use or
consumption of cannabis as 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

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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 shall
give notice as provided in this Section or by deposit in the
United States mail of such notice in an envelope with postage
prepaid and addressed to such person at his address as shown on
the Uniform Traffic Ticket and the suspension and
disqualification shall be effective on the 46th day following
the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall also give notice of the suspension
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.
(e) A driver may contest this suspension of his or her
driving privileges and disqualification of his or her CDL
privileges by requesting an administrative hearing with the
Secretary in accordance with Section 2-118 of this Code. At the
conclusion of a hearing held under Section 2-118 of this Code,
the Secretary may rescind, continue, or modify the orders of
suspension and disqualification. If the Secretary does not

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rescind the orders of suspension and disqualification, a
restricted driving permit may be granted by the Secretary upon
application being made and good cause shown. A restricted
driving permit may be granted to relieve undue hardship to
allow driving for employment, educational, and medical
purposes as outlined in Section 6-206 of this Code. The
provisions of Section 6-206 of this Code shall apply. In
accordance with 49 C.F.R. 384, the Secretary of State may not
issue a restricted driving permit for the operation of a
commercial motor vehicle to a person holding a CDL whose
driving privileges have been suspended, revoked, cancelled, or
disqualified.
(f) (Blank).
(g) For the purposes of this Section, a personal injury
shall include any type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's
office or a medical facility. A type A injury shall include
severely bleeding wounds, distorted extremities, and injuries
that require the injured party to be carried from the scene.
(Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11;
97-835, eff. 7-20-12.)
(625 ILCS 5/11-508 new)
Sec. 11-508. Driving with unlawful drugs in blood, breath,
or urine.

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(a) A person shall not drive or be in actual physical
control of any vehicle within this State while there is any
amount of a drug, substance, or 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.
(b) This Section does not apply to the lawful consumption
of cannabis by a qualifying patient licensed under the
Compassionate Use of Medical Cannabis Pilot Program Act who is
in possession of a valid registry card issued under that Act.
(c) A person who violates subsection (a) of this Section is
guilty of a Class B misdemeanor for a first offense and is
guilty of a Class A misdemeanor for a second or subsequent
offense.
Section 15. The Snowmobile Registration and Safety Act is
amended by changing Sections 5-7 and by adding Section 5-7.7 as
follows:
(625 ILCS 40/5-7)
Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;

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suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood or
breath is a concentration at which driving a motor vehicle
is prohibited under subdivision (1) of subsection (a) of
Section 11-501 of the Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of
safely operating a snowmobile; or
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile. ; or
5. (Blank). There is any amount of a drug, substance,
or compound in that person's breath, blood, or urine
resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act, controlled substance
listed in the Illinois Controlled Substances Act, or
intoxicating compound listed in the use of Intoxicating
Compounds Act.

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(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them does not constitute a defense against a
charge of violating this Section.
(c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
(c-2) For purposes of this Section, the following are
equivalent to a conviction:
(1) a forfeiture of bail or collateral deposited to
secure a defendant's appearance in court when forfeiture
has not been vacated; or
(2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section;
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm or
permanent disability or disfigurement, when the violation

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was a proximate cause of the injuries. A person guilty of a
Class 4 felony under this paragraph 2, if sentenced to a
term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years; or
3. The offense occurred during a period in which the
person's privileges to operate a snowmobile are revoked or
suspended, and the revocation or suspension was for a
violation of this Section or was imposed under Section
5-7.1.
(e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the death
of a person. A person guilty of a Class 2 felony under this
subsection (e), if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(e-1) Every person convicted of violating this Section or a
similar provision of a local ordinance who had a child under
the age of 16 on board the snowmobile at the time of offense
shall be subject to a mandatory minimum fine of $500 and shall
be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under
this subsection shall not be subject to suspension nor shall
the person be eligible for probation in order to reduce the
assignment.
(e-2) Every person found guilty of violating this Section,
whose operation of a snowmobile while in violation of this

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Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of
Section 11-501.01 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities, a
person who is found guilty of violating this Section, including
any person placed on court supervision, shall be fined $100,
payable to the circuit clerk, who shall distribute the money to
the law enforcement agency that made the arrest. In the event
that more than one agency is responsible for the arrest, the
$100 shall be shared equally. Any moneys received by a law
enforcement agency under this subsection (e-3) shall be used to
purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of
alcohol related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,
and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the snowmobile
operation privileges of a person convicted or found guilty of a
misdemeanor under this Section for a period of one year, except
that first-time offenders are exempt from this mandatory one
year suspension.
(g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of 5

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years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section.
(Source: P.A. 95-149, eff. 8-14-07; 96-1000, eff. 7-2-10.)
(625 ILCS 40/5-7.7 new)
Sec. 5-7.7. Operating a snowmobile with unlawful drugs in
blood, breath, or urine.
(a) A person shall not operate or be in actual physical
control of a snowmobile within this State while there is any
amount of a drug, substance, or 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.
(b) This Section does not apply to the lawful consumption
of cannabis by a qualifying patient licensed under the
Compassionate Use of Medical Cannabis Pilot Program Act who is
in possession of a valid registry card issued under that Act.
(c) A person who violates subsection (a) of this Section is
guilty of a Class B misdemeanor for a first offense and is
guilty of a Class A misdemeanor for a second or subsequent
offense.
Section 20. The Boat Registration and Safety Act is amended

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by changing Sections 5-16, 5-16a, 5-16a.1, and 5-16c and by
adding Section 5-16d as follows:
(625 ILCS 45/5-16)
Sec. 5-16. Operating a watercraft under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof.
(A) 1. A person shall not operate or be in actual physical
control of any watercraft within this State while:
(a) The alcohol concentration in such person's
blood or breath is a concentration at which driving a
motor vehicle is prohibited under subdivision (1) of
subsection (a) of Section 11-501 of the Illinois
Vehicle Code;
(b) Under the influence of alcohol;
(c) Under the influence of any other drug or
combination of drugs to a degree which renders such
person incapable of safely operating any watercraft;
(c-1) Under the influence of any intoxicating
compound or combination of intoxicating compounds to a
degree that renders the person incapable of safely
operating any watercraft; or
(d) Under the combined influence of alcohol and any
other drug or drugs to a degree which renders such
person incapable of safely operating a watercraft. ; or
(e) (Blank). There is any amount of a drug,

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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 an intoxicating compound listed in
the Use of Intoxicating Compounds Act.
2. The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol,
other drug or drugs, any intoxicating compound or
compounds, or any combination of them, shall not constitute
a defense against any charge of violating this Section.
3. Every person convicted of violating this Section
shall be guilty of a Class A misdemeanor, except as
otherwise provided in this Section.
4. Every person convicted of violating this Section
shall be guilty of a Class 4 felony if:
(a) He has a previous conviction under this
Section;
(b) The offense results in personal injury where a
person other than the operator suffers great bodily
harm or permanent disability or disfigurement, when
the violation was a proximate cause of the injuries. A
person guilty of a Class 4 felony under this
subparagraph (b), if sentenced to a term of
imprisonment, shall be sentenced to a term of not less
than one year nor more than 12 years; or

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(c) The offense occurred during a period in which
his or her privileges to operate a watercraft are
revoked or suspended, and the revocation or suspension
was for a violation of this Section or was imposed
under subsection (B).
5. Every person convicted of violating this Section
shall be guilty of a Class 2 felony if the offense results
in the death of a person. A person guilty of a Class 2
felony under this paragraph 5, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than
3 years and not more than 14 years.
5.1. A person convicted of violating this Section or a
similar provision of a local ordinance who had a child
under the age of 16 aboard the watercraft at the time of
offense is subject to a mandatory minimum fine of $500 and
to a mandatory minimum of 5 days of community service in a
program benefiting children. The assignment under this
paragraph 5.1 is not subject to suspension and the person
is not eligible for probation in order to reduce the
assignment.
5.2. A person found guilty of violating this Section,
if his or her operation of a watercraft while in violation
of this Section proximately caused any incident resulting
in an appropriate emergency response, is liable for the
expense of an emergency response as provided in subsection
(m) of Section 11-501 of the Illinois Vehicle Code.

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5.3. In addition to any other penalties and
liabilities, a person who is found guilty of violating this
Section, including any person placed on court supervision,
shall be fined $100, payable to the circuit clerk, who
shall distribute the money to the law enforcement agency
that made the arrest. In the event that more than one
agency is responsible for the arrest, the $100 shall be
shared equally. Any moneys received by a law enforcement
agency under this paragraph 5.3 shall be used to purchase
law enforcement equipment or to provide law enforcement
training that will assist in the prevention of alcohol
related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection
devices, and alcohol breath testers.
6. (a) In addition to any criminal penalties imposed,
the Department of Natural Resources shall suspend the
watercraft operation privileges of any person
convicted or found guilty of a misdemeanor under this
Section, a similar provision of a local ordinance, or
Title 46 of the U.S. Code of Federal Regulations for a
period of one year, except that a first time offender
is exempt from this mandatory one year suspension.
As used in this subdivision (A)6(a), "first time
offender" means any person who has not had a previous
conviction or been assigned supervision for violating

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this Section, a similar provision of a local ordinance
or, Title 46 of the U.S. Code of Federal Regulations,
or any person who has not had a suspension imposed
under subdivision (B)3.1 of Section 5-16.
(b) In addition to any criminal penalties imposed,
the Department of Natural Resources shall suspend the
watercraft operation privileges of any person
convicted of a felony under this Section, a similar
provision of a local ordinance, or Title 46 of the U.S.
Code of Federal Regulations for a period of 3 years.
(B) 1. Any person who operates or is in actual physical
control of any watercraft upon the waters 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 content of alcohol, other drug or drugs,
intoxicating compound or compounds, or combination thereof
in the person's blood if arrested for any offense of
subsection (A) above. The chemical 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 tests shall be administered. A urine
test may be administered even after a blood or breath test
or both has been administered.
1.1. For the purposes of this Section, an Illinois Law
Enforcement officer of this State who is investigating the
person for any offense defined in Section 5-16 may travel

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into an adjoining state, where the person has been
transported for medical care to complete an investigation,
and may 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 citation for an
offense as defined in Section 5-16 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
citation 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 in the existence of probable cause to
arrest. Upon returning to this State, the officer shall
file the uniform citation 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.
1.2. Notwithstanding any ability to refuse under this
Act to submit to these tests or any ability to revoke the
implied consent to these tests, if a law enforcement
officer has probable cause to believe that a watercraft
operated by or under actual physical control of a person
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination of
them has caused the death of or personal injury to another,
that person shall submit, upon the request of a law

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enforcement officer, to a chemical test or tests of his or
her blood, breath, or urine for the purpose of determining
the alcohol content or the presence of any other drug,
intoxicating compound, or combination of them. For the
purposes of this Section, a personal injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene for
immediate professional attention in either a doctor's
office or a medical facility.
2. Any person who is dead, unconscious or who is
otherwise in a condition rendering such person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided above, and the test may be administered.
3. A person requested to submit to a chemical test as
provided above shall be verbally advised by the law
enforcement officer requesting the test that a refusal to
submit to the test will result in suspension of such
person's privilege to operate a watercraft for a minimum of
2 years. Following this warning, if a person under arrest
refuses upon the request of a law enforcement officer to
submit to a test designated by the officer, no test shall
be given, but the law enforcement officer shall file with
the clerk of the circuit court for the county in which the
arrest was made, and with the Department of Natural
Resources, a sworn statement naming the person refusing to
take and complete the chemical test or tests requested

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under the provisions of this Section. Such sworn statement
shall identify the arrested person, such person's current
residence address and shall specify that a refusal by such
person to take the chemical test or tests was made. Such
sworn statement shall include a statement that the
arresting officer had reasonable cause to believe the
person was operating or was in actual physical control of
the watercraft within this State while under the influence
of alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof and that such chemical
test or tests were made as an incident to and following the
lawful arrest for an offense as defined in this Section or
a similar provision of a local ordinance, and that the
person after being arrested for an offense arising out of
acts alleged to have been committed while so operating a
watercraft refused to submit to and complete a chemical
test or tests as requested by the law enforcement officer.
3.1. The law enforcement officer submitting the sworn
statement as provided in paragraph 3 of this subsection (B)
shall serve immediate written notice upon the person
refusing the chemical test or tests that the person's
privilege to operate a watercraft within this State will be
suspended for a period of 2 years unless, within 28 days
from the date of the notice, the person requests in writing
a hearing on the suspension.
If the person desires a hearing, such person shall file

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a complaint in the circuit court for and in the county in
which such person was arrested for such hearing. Such
hearing shall proceed in the court in the same manner as
other civil proceedings, shall cover only the issues of
whether the person was placed under arrest for an offense
as defined in this Section or a similar provision of a
local ordinance as evidenced by the issuance of a uniform
citation; whether the arresting officer had reasonable
grounds to believe that such person was operating a
watercraft while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or
combination thereof; and whether such person refused to
submit and complete the chemical test or tests upon the
request of the law enforcement officer. Whether the person
was informed that such person's privilege to operate a
watercraft would be suspended if such person refused to
submit to the chemical test or tests shall not be an issue.
If the person fails to request in writing a hearing
within 28 days from the date of notice, or if a hearing is
held and the court finds against the person on the issues
before the court, the clerk shall immediately notify the
Department of Natural Resources, and the Department shall
suspend the watercraft operation privileges of the person
for at least 2 years.
3.2. If the person submits to a test that discloses an
alcohol concentration of 0.08 or more, or any amount of a

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drug, substance or intoxicating compound in the person's
breath, blood, or urine after exhibiting other indicia that
the person is incapable of operating a motorboat safely
resulting from the unlawful use of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
the law enforcement officer shall immediately submit a
sworn report to the circuit clerk of venue and the
Department of Natural Resources, certifying that the test
or tests were requested under paragraph 1 of this
subsection (B) and the person submitted to testing that
disclosed an alcohol concentration of 0.08 or more.
In cases where the blood alcohol concentration of 0.08
or greater or any amount of drug, substance or compound
after exhibiting other indicia that the person is incapable
of operating a motorboat safely resulting from the unlawful
use of cannabis, a controlled substance or an intoxicating
compound is established by a subsequent analysis of blood
or urine collected at the time of arrest, the arresting
officer or arresting agency shall immediately submit a
sworn report to the circuit clerk of venue and the
Department of Natural Resources upon receipt of the test
results.
4. A person must submit to each chemical test offered
by the law enforcement officer in order to comply with the

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implied consent provisions of this Section.
5. The provisions of Section 11-501.2 of the Illinois
Vehicle Code, as amended, concerning the certification and
use of chemical tests apply to the use of such tests under
this Section.
(C) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while operating a watercraft while under the
influence of alcohol, the concentration of alcohol in the
person's blood or breath at the time alleged as shown by
analysis of a person's blood, urine, breath, or other bodily
substance shall give rise to the presumptions specified in
subdivisions 1, 2, and 3 of subsection (b) of Section 11-501.2
of the Illinois Vehicle Code. The foregoing provisions of this
subsection (C) shall not be construed as limiting the
introduction of any other relevant evidence bearing upon the
question whether the person was under the influence of alcohol.
(D) If a person under arrest refuses to submit to a
chemical test under the provisions of this Section, evidence of
refusal shall be admissible in any civil or criminal action or
proceeding arising out of acts alleged to have been committed
while the person under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or combination of
them was operating a watercraft.
(E) The owner of any watercraft or any person given
supervisory authority over a watercraft, may not knowingly

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permit a watercraft to be operated by any person under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or combination thereof.
(F) Whenever any person is convicted or found guilty of a
violation of this Section, including any person placed on court
supervision, the court shall notify the Office of Law
Enforcement of the Department of Natural Resources, to provide
the Department with the records essential for the performance
of the Department's duties to monitor and enforce any order of
suspension or revocation concerning the privilege to operate a
watercraft.
(G) No person who has been arrested and charged for
violating paragraph 1 of subsection (A) of this Section shall
operate any watercraft within this State for a period of 24
hours after such arrest.
(Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
(625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
Sec. 5-16a. Admissibility of chemical tests of blood or
urine conducted in the regular course of providing emergency
medical treatment.
(a) Notwithstanding any other provision of law, the written
results of blood or urine alcohol tests conducted upon persons
receiving medical treatment in a hospital emergency room are
admissible in evidence as a business record exception to the
hearsay rule only in prosecutions for any violation of Section

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5-16 or 5-16d of this Act or a similar provision of a local
ordinance or in prosecutions for reckless homicide brought
under the Criminal Code of 1961 or the Criminal Code of 2012,
when:
(1) the chemical tests performed upon an individual's
blood or urine were ordered in the regular course of
providing emergency treatment and not at the request of law
enforcement authorities; and
(2) the chemical tests performed upon an individual's
blood or urine were performed by the laboratory routinely
used by the hospital.
Results of chemical tests performed upon an individual's
blood or urine are admissible into evidence regardless of the
time that the records were prepared.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to chemical tests performed upon an individual's
blood or urine under the provisions of this Section in
prosecutions as specified in subsection (a) of this Section. No
person shall be liable for civil damages as a result of the
evidentiary use of the results of chemical testing of an
individual's blood or urine under this Section or as a result
of that person's testimony made available under this Section.
(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
(625 ILCS 45/5-16a.1)

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Sec. 5-16a.1. Reporting of test results of blood or urine
conducted in the regular course of providing emergency medical
treatment.
(a) Notwithstanding any other provision of law, the results
of blood or urine tests performed for the purpose of
determining the content of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination of them
in an individual's blood or urine, conducted upon persons
receiving medical treatment in a hospital emergency room for
injuries resulting from a boating accident, shall be disclosed
to the Department of Natural Resources or local law enforcement
agencies of jurisdiction, upon request. The blood or urine
tests are admissible in evidence as a business record exception
to the hearsay rule only in prosecutions for violations of
Section 5-16 or 5-16d of this Code or a similar provision of a
local ordinance, or in prosecutions for reckless homicide
brought under the Criminal Code of 1961 or the Criminal Code of
2012.
(b) The confidentiality provisions of the law pertaining to
medical records and medical treatment shall not be applicable
with regard to tests performed upon an individual's blood or
urine under the provisions of subsection (a) of this Section.
No person is liable for civil damages or professional
discipline as a result of disclosure or reporting of the tests
or the evidentiary use of an individual's blood or urine test
results under this Section or Section 5-16a, or as a result of

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that person's testimony made available under this Section or
Section 5-16a, except for willful or wanton misconduct.
(Source: P.A. 97-1150, eff. 1-25-13.)
(625 ILCS 45/5-16c)
Sec. 5-16c. Operator involvement in personal injury or
fatal boating accident; chemical tests.
(a) Any person who operates or is in actual physical
control of a motorboat within this State and who has been
involved in a personal injury or fatal boating accident shall
be deemed to have given consent to a breath test using a
portable device as approved by the Department of State Police
or 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 of the person's
blood if arrested as evidenced by the issuance of a uniform
citation for a violation of the Boat Registration and Safety
Act or a similar provision of a local ordinance, with the
exception of equipment violations contained in Article IV of
this Act or similar provisions of local ordinances. The test or
tests shall be administered at the direction of the arresting
officer. The law enforcement agency employing the officer shall
designate which of the aforesaid tests shall be administered. A
urine test may be administered even after a blood or breath
test or both has been administered. Compliance with this
Section does not relieve the person from the requirements of

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any other Section of this Act.
(b) Any 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 subsection (a) of this Section. In addition, if an
operator of a motorboat is receiving medical treatment as a
result of a boating accident, any physician licensed to
practice medicine, licensed physician assistant, licensed
advanced practice nurse, registered nurse, or a phlebotomist
acting under the direction of a licensed physician shall
withdraw blood for testing purposes to ascertain the presence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, upon the specific request of a law enforcement
officer. However, this testing shall not be performed until, in
the opinion of the medical personnel on scene, the withdrawal
can be made without interfering with or endangering the
well-being of the patient.
(c) A person requested to submit to a test under subsection
(a) of this Section shall be warned by the law enforcement
officer requesting the test that a refusal to submit to the
test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound 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

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the Use of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community Protection
Act as detected in the person's blood or urine, may result in
the suspension of the 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 the Illinois Vehicle Code, if the person is a
CDL holder. The length of the suspension shall be the same as
outlined in Section 6-208.1 of the Illinois Vehicle Code
regarding statutory summary suspensions.
(d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.08 or more, or
any amount of a drug, substance, or intoxicating compound in
the person's blood or urine after exhibiting other indicia that
the person is incapable of operating a motorboat safely
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 Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) of this Section and the person refused to submit
to a test or tests or submitted to testing which disclosed an

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alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's blood or
urine, after exhibiting other indicia that the person is
incapable of operating a motorboat safely 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.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the suspension and
disqualification to the person'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.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and this suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of 0.08 or
more, or any amount of a drug, substance, or intoxicating
compound after exhibiting other indicia that the person is
incapable of operating a motorboat safely resulting from the
unlawful use or consumption of cannabis listed in the Cannabis
Control Act, a controlled substance listed in the Illinois

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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 shall
give notice as provided in this Section or by deposit in the
United States mail of this notice in an envelope with postage
prepaid and addressed to the person at his or her address as
shown on the uniform citation and the suspension and
disqualification shall be effective on the 46th day following
the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
suspension and disqualification to the person by mailing a
notice of the effective date of the suspension and
disqualification to the person. 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.
(e) A person may contest this suspension of his or her
driving privileges and disqualification of his or her CDL
privileges by requesting an administrative hearing with the
Secretary of State in accordance with Section 2-118 of the
Illinois Vehicle Code. At the conclusion of a hearing held

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under Section 2-118 of the Illinois Vehicle Code, the Secretary
of State may rescind, continue, or modify the orders of
suspension and disqualification. If the Secretary of State does
not rescind the orders of suspension and disqualification, a
restricted driving permit may be granted by the Secretary of
State upon application being made and good cause shown. A
restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and
medical purposes as outlined in Section 6-206 of the Illinois
Vehicle Code. The provisions of Section 6-206 of the Illinois
Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the
Secretary of State may not issue a restricted driving permit
for the operation of a commercial motor vehicle to a person
holding a CDL whose driving privileges have been suspended,
revoked, cancelled, or disqualified.
(f) For the purposes of this Section, a personal injury
shall include any type A injury as indicated on the accident
report completed by a law enforcement officer that requires
immediate professional attention in a doctor's office or a
medical facility. A type A injury shall include severely
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(Source: P.A. 98-103, eff. 1-1-14.)
(625 ILCS 45/5-16d new)
Sec. 5-16d. Operating a watercraft with unlawful drugs in

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blood, breath, or urine.
(a) A person shall not operate or be in actual physical
control of a watercraft within this State while there is any
amount of a drug, substance, or 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.
(b) This Section does not apply to the lawful consumption
of cannabis by a qualifying patient licensed under the
Compassionate Use of Medical Cannabis Pilot Program Act who is
in possession of a valid registry card issued under that Act.
(c) A person who violates subsection (a) of this Section is
guilty of a Class B misdemeanor for a first offense and is
guilty of a Class A misdemeanor for a second or subsequent
offense.
Section 25. The Unified Code of Corrections is amended by
changing Sections 5-4-1 and 5-9-1.9 as follows:
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing Hearing.
(a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of

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guilt, a hearing shall be held to impose the sentence. However,
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 or 11-508 of the Illinois Vehicle Code or a
similar provision of a local ordinance, the individual must
undergo a professional evaluation to determine if an alcohol or
other drug abuse problem exists and the extent of such a
problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the
individual is not a resident of Illinois, the court may, in its
discretion, accept an evaluation from a program in the state of
such individual's residence. The court may in its sentencing
order approve an eligible defendant for placement in a
Department of Corrections impact incarceration program as
provided in Section 5-8-1.1 or 5-8-1.3. The court may in its
sentencing order recommend a defendant for placement in a
Department of Corrections substance abuse treatment program as
provided in paragraph (a) of subsection (1) of Section 3-2-2
conditioned upon the defendant being accepted in a program by
the Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;

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(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a violation
of Section 11-501 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, or a qualified
individual affected by: (i) a violation of Section 405,
405.1, 405.2, or 407 of the Illinois Controlled Substances
Act or a violation of Section 55 or Section 65 of the
Methamphetamine Control and Community Protection Act, or
(ii) a Class 4 felony violation of Section 11-14, 11-14.3
except as described in subdivisions (a)(2)(A) and
(a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
Criminal Code of 1961 or the Criminal Code of 2012,
committed by the defendant the opportunity to make a
statement concerning the impact on the victim and to offer
evidence in aggravation or mitigation; provided that the
statement and evidence offered in aggravation or
mitigation must first be prepared in writing in conjunction
with the State's Attorney before it may be presented orally

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at the hearing. Any sworn testimony offered by the victim
is subject to the defendant's right to cross-examine. All
statements and evidence offered under this paragraph (7)
shall become part of the record of the court. For the
purpose of this paragraph (7), "qualified individual"
means any person who (i) lived or worked within the
territorial jurisdiction where the offense took place when
the offense took place; and (ii) is familiar with various
public places within the territorial jurisdiction where
the offense took place when the offense took place. For the
purposes of this paragraph (7), "qualified individual"
includes any peace officer, or any member of any duly
organized State, county, or municipal peace unit assigned
to the territorial jurisdiction where the offense took
place when the offense took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was used
in the commission of the offense for which the defendant is
being sentenced.
(b) All sentences shall be imposed by the judge based upon

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his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting
as a judge in that court. Where the judge does not impose
sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to
someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category
II weapon, the trial judge shall make a finding as to whether

SB2953 - 94 - LRB098 12710 MLW 47181 b
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional sentence

SB2953 - 95 - LRB098 12710 MLW 47181 b
credit for good conduct. If the defendant, because of his or
her own misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(3) of Section 3-6-3, other than
when the sentence is imposed for one of the offenses enumerated
in paragraph (a)(2) of Section 3-6-3 committed on or after June
19, 1998, and other than when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012 if
the offense was committed on or after January 1, 1999, and
other than when the sentence is imposed for aggravated arson if
the offense was committed on or after July 27, 2001 (the
effective date of Public Act 92-176), and other than when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
judge's statement, to be given after pronouncing the sentence,
shall include the following:

SB2953 - 96 - LRB098 12710 MLW 47181 b
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 90 days additional sentence
credit for good conduct. If the defendant, because of his or
her own misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in

SB2953 - 97 - LRB098 12710 MLW 47181 b
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and when the sentence is imposed for aggravated driving under
the influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
judge's statement, to be given after pronouncing the sentence,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least 85%
of his or her sentence. Assuming the defendant receives 4 1/2
days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the
defendant, because of his or her own misconduct or failure to
comply with the institutional regulations receives lesser

SB2953 - 98 - LRB098 12710 MLW 47181 b
credit, the actual time served in prison will be longer."
When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as

SB2953 - 99 - LRB098 12710 MLW 47181 b
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no sentence credit for good
conduct under clause (3) of subsection (a) of Section 3-6-3
until he or she participates in and completes a substance abuse
treatment program or receives a waiver from the Director of
Corrections pursuant to clause (4.5) of subsection (a) of
Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any

SB2953 - 100 - LRB098 12710 MLW 47181 b
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to

SB2953 - 101 - LRB098 12710 MLW 47181 b
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant has
been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;

SB2953 - 102 - LRB098 12710 MLW 47181 b
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 96-86, eff. 1-1-10; 96-1180, eff. 1-1-11;
96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff.
8-12-11; 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
(730 ILCS 5/5-9-1.9)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units
of local government or the State of Illinois that regularly
employs at least one person engaged in the DUI analysis of
blood and urine for criminal justice agencies in criminal
matters and provides testimony with respect to such
examinations.
"DUI analysis" means an analysis of blood or urine for

SB2953 - 103 - LRB098 12710 MLW 47181 b
purposes of determining whether a violation of Section 11-501
or 11-508 of the Illinois Vehicle Code has occurred.
(b) When a person has been adjudged guilty of an offense in
violation of Section 11-501 or 11-508 of the Illinois Vehicle
Code, in addition to any other disposition, penalty, or fine
imposed, a crime laboratory DUI analysis fee of $150 for each
offense for which the person was convicted shall be levied by
the court for each case in which a laboratory analysis
occurred. Upon verified petition of the person, the court may
suspend payment of all or part of the fee if it finds that the
person does not have the ability to pay the fee.
(c) In addition to any other disposition made under the
provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of Section 11-501 or 11-508
of the Illinois Vehicle Code shall be assessed a crime
laboratory DUI analysis fee of $150 for each adjudication. Upon
verified petition of the minor, the court may suspend payment
of all or part of the fee if it finds that the minor does not
have the ability to pay the fee. The parent, guardian, or legal
custodian of the minor may pay some or all of the fee on the
minor's behalf.
(d) All crime laboratory DUI analysis fees provided for by
this Section shall be collected by the clerk of the court and
forwarded to the appropriate crime laboratory DUI fund as
provided in subsection (f).

SB2953 - 104 - LRB098 12710 MLW 47181 b
(e) Crime laboratory funds shall be established as follows:
(1) A unit of local government that maintains a crime
laboratory may establish a crime laboratory DUI fund within
the office of the county or municipal treasurer.
(2) Any combination of units of local government that
maintains a crime laboratory may establish a crime
laboratory DUI fund within the office of the treasurer of
the county where the crime laboratory is situated.
(3) The State Police DUI Fund is created as a special
fund in the State Treasury.
(f) The analysis fee provided for in subsections (b) and
(c) of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory DUI fund, or to the State Treasurer for
deposit into the State Police DUI Fund if the analysis was
performed by a laboratory operated by the Department of State
Police. If the analysis was performed by a crime laboratory
funded by a combination of units of local government, the
analysis fee shall be forwarded to the treasurer of the county
where the crime laboratory is situated if a crime laboratory
DUI fund has been established in that county. If the unit of
local government or combination of units of local government
has not established a crime laboratory DUI fund, then the
analysis fee shall be forwarded to the State Treasurer for
deposit into the State Police DUI Fund. The clerk of the

SB2953 - 105 - LRB098 12710 MLW 47181 b
circuit court may retain the amount of $10 from each collected
analysis fee to offset administrative costs incurred in
carrying out the clerk's responsibilities under this Section.
(g) Fees deposited into a crime laboratory DUI fund created
under paragraphs (1) and (2) of subsection (e) of this Section
shall be in addition to any allocations made pursuant to
existing law and shall be designated for the exclusive use of
the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI
investigations conducted within this State.
(2) Purchase and maintenance of equipment for use in
performing analyses.
(3) Continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Fees deposited in the State Police DUI Fund created
under paragraph (3) of subsection (e) of this Section shall be
used by State crime laboratories as designated by the Director
of State Police. These funds shall be in addition to any
allocations made according to existing law and shall be
designated for the exclusive use of State crime laboratories.
These uses may include those enumerated in subsection (g) of
this Section.
(Source: P.A. 91-822, eff. 6-13-00.)

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Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
SB2953 - 107 - LRB098 12710 MLW 47181 b
INDEX
Statutes amended in order of appearance