Bill Text: IL SB3732 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning certificates of title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-27 - Public Act . . . . . . . . . 96-1344 [SB3732 Detail]

Download: Illinois-2009-SB3732-Engrossed.html

---

SB3732 Engrossed LRB096 20624 AJT 36335 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 2-118.1, 6-106.1a, 6-118, 6-205, 6-206, 6-208.1,
6-303, 6-520, 11-401, 11-500, 11-501.1, 11-501.6, and 11-501.8
and by adding Section 1-197.6 as follows:
(625 ILCS 5/1-197.6 new)
Sec. 1-197.6. Statutory summary revocation of driving
privileges. The revocation by the Secretary of State of a
person's license or privilege to operate a motor vehicle on the
public highways for the period provided in Section 6-208.1.
Reinstatement after the revocation period shall occur after the
person has been approved for reinstatement through an
administrative hearing with the Secretary of State, has filed
proof of financial responsibility, has paid the reinstatement
fee as provided in Section 6-118, and has successfully
completed all necessary examinations. The basis for this
revocation of driving privileges shall be the individual's
refusal to submit to or failure to complete a chemical test or
tests following an arrest for the offense of driving under the
influence of alcohol, other drugs, or intoxicating compounds,
or any combination thereof involving a motor vehicle accident

SB3732 Engrossed - 2 - LRB096 20624 AJT 36335 b
that caused personal injury or death to another, as provided in
Section 11-501.1 of this Code.
(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
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

SB3732 Engrossed - 3 - LRB096 20624 AJT 36335 b
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
issuance of a Uniform Traffic Ticket, or issued a Uniform
Traffic Ticket out of state as provided in subsection (a)
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 to determine the person's
alcohol or drug concentration; or

SB3732 Engrossed - 4 - LRB096 20624 AJT 36335 b
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 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 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.
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.
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. 95-355, eff. 1-1-08.)
(625 ILCS 5/6-106.1a)

SB3732 Engrossed - 5 - LRB096 20624 AJT 36335 b
Sec. 6-106.1a. Cancellation of school bus driver permit;
trace of alcohol.
(a) A person who has been issued a school bus driver permit
by the Secretary of State in accordance with Section 6-106.1 of
this Code and who drives or is in actual physical control of a
school bus or any other vehicle owned or operated by or for a
public or private school, or a school operated by a religious
institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as
students in grade 12 or below, in connection with any activity
of the entities listed, upon the public highways of this State
shall be deemed to have given consent to a chemical test or
tests of blood, breath, or urine for the purpose of determining
the alcohol content of the person's blood if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket for any
violation of this Code or a similar provision of a local
ordinance, if a police officer has probable cause to believe
that the driver has consumed any amount of an alcoholic
beverage based upon evidence of the driver's physical condition
or other first hand knowledge of the police officer. The test
or tests shall be 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.
(b) A person who is dead, unconscious, or who is otherwise

SB3732 Engrossed - 6 - LRB096 20624 AJT 36335 b
in a condition rendering that person incapable of refusal,
shall be deemed not to have withdrawn the consent provided by
paragraph (a) of this Section and the test or tests may be
administered subject to the following provisions:
(1) Chemical analysis of the person's blood, urine,
breath, or other substance, to be considered valid under
the provisions of this Section, shall have been performed
according to standards promulgated by the Department of
State Police by an individual possessing a valid permit
issued by the Department of State Police for this purpose.
The Director of State Police is authorized to approve
satisfactory techniques or methods, to ascertain the
qualifications and competence of individuals to conduct
analyses, to issue permits that shall be subject to
termination or revocation at the direction of the
Department of State Police, and to certify the accuracy of
breath testing equipment. The Department of State Police
shall prescribe rules as necessary.
(2) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a registered nurse, or other qualified person
trained in venipuncture and acting under the direction of a
licensed physician may withdraw blood for the purpose of
determining the alcohol content. This limitation does not
apply to the taking of breath or urine specimens.

SB3732 Engrossed - 7 - LRB096 20624 AJT 36335 b
(3) The person tested may have a physician, qualified
technician, chemist, registered nurse, or other qualified
person of his or her own choosing administer a chemical
test or tests in addition to any test or tests administered
at the direction of a law enforcement officer. The test
administered at the request of the person may be admissible
into evidence at a hearing conducted in accordance with
Section 2-118 of this Code. The failure or inability to
obtain an additional test by a person shall not preclude
the consideration of the previously performed chemical
test.
(4) Upon a request of the person who submits to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or that person's
attorney by the requesting law enforcement agency within 72
hours of receipt of the test result.
(5) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(6) If a driver is receiving medical treatment as a
result of a motor vehicle accident, a physician licensed to
practice medicine, registered nurse, or other qualified
person trained in venipuncture and acting under the
direction of a licensed physician shall withdraw blood for
testing purposes to ascertain the presence of alcohol upon

SB3732 Engrossed - 8 - LRB096 20624 AJT 36335 b
the specific request of a law enforcement officer. However,
that testing shall not be performed until, in the opinion
of the medical personnel on scene, the withdrawal can be
made without interfering with or endangering the
well-being of the patient.
(c) A person requested to submit to a test as provided in
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
more than 0.00, may result in the loss of that person's
privilege to possess a school bus driver permit. The loss of
the individual's privilege to possess a school bus driver
permit shall be imposed in accordance with Section 6-106.1b of
this Code.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of more than 0.00, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of more than 0.00. The law enforcement officer
shall submit the same sworn report when a person who has been
issued a school bus driver permit and who was operating a
school bus or any other vehicle owned or operated by or for a
public or private school, or a school operated by a religious

SB3732 Engrossed - 9 - LRB096 20624 AJT 36335 b
institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as
students in grade 12 or below, in connection with any activity
of the entities listed, submits to testing under Section
11-501.1 of this Code and the testing discloses an alcohol
concentration of more than 0.00 and less than the alcohol
concentration at which driving or being in actual physical
control of a motor vehicle is prohibited under paragraph (1) of
subsection (a) of Section 11-501.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the school bus
driver permit sanction on the individual's driving record and
the sanction shall be effective on the 46th day following the
date notice of the sanction was given to the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this school bus driver permit
sanction on the person and the sanction shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than
0.00 is established by a subsequent analysis of blood or urine,
the police officer or arresting agency shall give notice as
provided in this Section or by deposit in the United States
mail of that notice in an envelope with postage prepaid and
addressed to that person at his or her last known address and
the loss of the school bus driver permit shall be effective on
the 46th day following the date notice was given.

SB3732 Engrossed - 10 - LRB096 20624 AJT 36335 b
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
school bus driver permit sanction to the driver and the
driver's current employer by mailing a notice of the effective
date of the sanction to the individual. However, shall the
sworn report be defective by not containing sufficient
information or be completed in error, the notice of the school
bus driver permit sanction may not be mailed to the person or
his current employer 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 school bus driver permit
sanction by requesting an administrative hearing with the
Secretary of State in accordance with Section 2-118 of this
Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is
shown to be more than 0.00 shall not be subject to this Section
if the individual's blood alcohol concentration resulted only
from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing
shall not stay or delay the effective date of the impending
suspension. The scope of this hearing shall be limited to the
issues of:
(1) whether the police officer had probable cause to

SB3732 Engrossed - 11 - LRB096 20624 AJT 36335 b
believe that the person was driving or in actual physical
control of a school bus or any other vehicle owned or
operated by or for a public or private school, or a school
operated by a religious institution, when the vehicle is
being used over a regularly scheduled route for the
transportation of persons enrolled as students in grade 12
or below, in connection with any activity of the entities
listed, upon the public highways of the State and the
police officer had reason to believe that the person was in
violation of any provision of this Code or a similar
provision of a local ordinance; and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of this Code or a similar
provision of a local ordinance; and
(3) whether the police officer had probable cause to
believe that the driver had consumed any amount of an
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to possess a school bus driver
permit would be canceled if the person refused to submit to
and complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol concentration; and
(5) whether the person, after being advised by the

SB3732 Engrossed - 12 - LRB096 20624 AJT 36335 b
officer that the privileges to possess a school bus driver
permit would be canceled if the person submits to a
chemical test or tests and the test or tests disclose an
alcohol concentration of more than 0.00 and the person did
submit to and complete the test or tests that determined an
alcohol concentration of more than 0.00; and
(6) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol in the performance of a religious service or
ceremony; and
(7) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol through ingestion of the prescribed or
recommended dosage of medicine.
The Secretary of State may adopt administrative rules
setting forth circumstances under which the holder of a school
bus driver permit is not required to appear in person at the
hearing.
Provided that the petitioner may subpoena the officer, the
hearing may be conducted upon a review of the law enforcement
officer's own official reports. Failure of the officer to
answer the subpoena shall be grounds for a continuance if, in
the hearing officer's discretion, the continuance is
appropriate. At the conclusion of the hearing held under
Section 2-118 of this Code, the Secretary of State may rescind,
continue, or modify the school bus driver permit sanction.

SB3732 Engrossed - 13 - LRB096 20624 AJT 36335 b
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that the
results of the testing may be considered at a hearing held
under Section 2-118 of this Code. However, the results of the
testing may not be used to impose driver's license sanctions
under Section 11-501.1 of this Code. A law enforcement officer
may, however, pursue a statutory summary suspension or
revocation of driving privileges under Section 11-501.1 of this
Code if other physical evidence or first hand knowledge forms
the basis of that suspension or revocation.
(g) This Section applies only to drivers who have been
issued a school bus driver permit in accordance with Section
6-106.1 of this Code at the time of the issuance of the Uniform
Traffic Ticket for a violation of this Code or a similar
provision of a local ordinance, and a chemical test request is
made under this Section.
(h) The action of the Secretary of State in suspending,
revoking, canceling, or denying any license, permit,
registration, or certificate of title shall be subject to
judicial review in the Circuit Court of Sangamon County or in
the Circuit Court of Cook County, and the provisions of the
Administrative Review Law and its rules are hereby adopted and
shall apply to and govern every action for the judicial review
of final acts or decisions of the Secretary of State under this
Section.

SB3732 Engrossed - 14 - LRB096 20624 AJT 36335 b
(Source: P.A. 90-107, eff. 1-1-98; 91-124, eff. 7-16-99;
91-828, eff. 1-1-01.)
(625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license

SB3732 Engrossed - 15 - LRB096 20624 AJT 36335 b
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle

SB3732 Engrossed - 16 - LRB096 20624 AJT 36335 b
Administrators network Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the

SB3732 Engrossed - 17 - LRB096 20624 AJT 36335 b
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older who presents the Secretary of
State's office with a police report showing that his license or
permit was stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Summary suspension under Section 11-501.1...........$250
Summary revocation under Section 11-501.1...........$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501 or
11-501.1 of this Code or a similar provision of a local

SB3732 Engrossed - 18 - LRB096 20624 AJT 36335 b
ordinance or a similar out-of-state offense or Section 9-3 of
the Criminal Code of 1961 and each suspension or revocation was
for a violation of Section 11-501 or 11-501.1 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 shall pay, in addition to any other fees required by this
Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Summary revocation under Section 11-501.1...........$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license

SB3732 Engrossed - 19 - LRB096 20624 AJT 36335 b
summarily suspended under Section 11-501.1 shall be
deposited into the Drunk and Drugged Driving Prevention
Fund. However, for a person whose license or privilege to
operate a motor vehicle in this State has been suspended or
revoked for a second or subsequent time for a violation of
Section 11-501 or 11-501.1 of this Code or Section 9-3 of
the Criminal Code of 1961, $190 of the $500 fee for
reinstatement of a license summarily suspended under
Section 11-501.1, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.
3. $6 of such original or renewal fee for a commercial
driver's license and $6 of the commercial driver
instruction permit fee when such permit is issued to any
person holding a valid Illinois driver's license, shall be
paid into the CDLIS/AAMVAnet Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial

SB3732 Engrossed - 20 - LRB096 20624 AJT 36335 b
driver's license or commercial driver instruction permit
shall be paid into the Motor Carrier Safety Inspection
Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(Source: P.A. 95-855, eff. 1-1-09; 96-34, eff. 7-13-09; 96-38,
eff. 7-13-09.)
(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of

SB3732 Engrossed - 21 - LRB096 20624 AJT 36335 b
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating to
the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code;

SB3732 Engrossed - 22 - LRB096 20624 AJT 36335 b
8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was
revoked for reckless homicide or a similar out-of-state
offense.
(b) The Secretary of State shall also immediately revoke

SB3732 Engrossed - 23 - LRB096 20624 AJT 36335 b
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation
shall remain in effect for the period determined by the
court. Upon the direction of the court, the Secretary shall
issue the person a judicial driving permit, also known as a
JDP. The JDP shall be subject to the same terms as a JDP
issued under Section 6-206.1, except that the court may
direct that a JDP issued under this subdivision (b)(3) be
effective immediately.
(c)(1) Except as provided in subsection (c-5), whenever a
person is convicted of any of the offenses enumerated in this
Section, the court may recommend and the Secretary of State in

SB3732 Engrossed - 24 - LRB096 20624 AJT 36335 b
his discretion, without regard to whether the recommendation is
made by the court may, upon application, issue to the person 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 for the
receipt of necessary medical care or 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 living in the petitioner's household to and
from daycare; if the petitioner is able to demonstrate that no
alternative means of transportation is reasonably available
and that the petitioner will not endanger the public safety or
welfare; provided that the Secretary's discretion shall be
limited to cases where undue hardship, as defined by the rules
of the Secretary of State, would result from a failure to issue
the restricted driving permit. 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.

SB3732 Engrossed - 25 - LRB096 20624 AJT 36335 b
(2) 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, 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.
(3) If:
(A) 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, where
the use of alcohol or 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 pursuant to Section
6-203.1;

SB3732 Engrossed - 26 - LRB096 20624 AJT 36335 b
arising out of separate occurrences; or
(B) a person has been convicted of one violation of
Section 6-303 of this Code committed while his or her
driver's license, permit, or privilege was revoked
because of a violation of Section 9-3 of the Criminal
Code of 1961, relating to the offense of reckless
homicide where the use of alcohol or other drugs was
recited as an element of the offense, or a similar
provision of a law of another state;
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.
(4) The person issued a permit conditioned on 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.
(5) 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.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems

SB3732 Engrossed - 27 - LRB096 20624 AJT 36335 b
appropriate, except that the permit shall expire within one
year from the date of issuance. The 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, 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 these
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 petitioner 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 successfully complete the program.

SB3732 Engrossed - 28 - LRB096 20624 AJT 36335 b
However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a)
of this Section, no restricted driving permit shall be
issued until the individual has served 6 months of the
revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 relating
to the offense of reckless homicide or a similar out-of-state
offense, the person's driving privileges shall be revoked
pursuant to subdivision (a)(15) of this Section. The person may
not make application for a license or permit until the
expiration of five years from the effective date of the
revocation or the expiration of five years from the date of
release from a term of imprisonment, whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 relating to the offense of reckless homicide or a
similar out-of-state offense, the person may never apply for a
license or permit.
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a

SB3732 Engrossed - 29 - LRB096 20624 AJT 36335 b
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
(2) 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, 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

SB3732 Engrossed - 30 - LRB096 20624 AJT 36335 b
ignition interlock device as defined in Section 1-129.1.
(3) 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:
(A) 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, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense; or
(B) a statutory summary suspension or revocation
under Section 11-501.1; or
(C) a suspension pursuant to 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.
(4) The person issued a permit conditioned upon the use
of an 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.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving
a vehicle that is not equipped with an ignition interlock

SB3732 Engrossed - 31 - LRB096 20624 AJT 36335 b
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.
(6) 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.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961,
relating to the offense of reckless homicide, or a similar
provision of a law of another state, is permanent. The
Secretary may not, at any time, issue a license or permit to
that person.
(e) This Section is subject to the provisions of the Driver
License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like

SB3732 Engrossed - 32 - LRB096 20624 AJT 36335 b
period of time.
(g) 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 revoked under any provisions of
this Code.
(h) 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 under
Section 11-501 of this Code 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.
(i) (Blank).
(j) 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 revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377,
eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848,
eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09;
96-607, eff. 8-24-09.)

SB3732 Engrossed - 33 - LRB096 20624 AJT 36335 b
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 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
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 death or
injury requiring immediate professional treatment in a

SB3732 Engrossed - 34 - LRB096 20624 AJT 36335 b
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
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;

SB3732 Engrossed - 35 - LRB096 20624 AJT 36335 b
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
of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 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

SB3732 Engrossed - 36 - LRB096 20624 AJT 36335 b
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 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

SB3732 Engrossed - 37 - LRB096 20624 AJT 36335 b
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 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 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, and any driver who is convicted of a second or
subsequent offense, within 5 years of a previous
conviction, for the illegal possession, while operating or
in actual physical control, as a driver, of a motor
vehicle, of any controlled substance prohibited under the

SB3732 Engrossed - 38 - LRB096 20624 AJT 36335 b
Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act shall be suspended for
5 years. 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 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;
31. Has refused to submit to a test as required by

SB3732 Engrossed - 39 - LRB096 20624 AJT 36335 b
Section 11-501.6 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 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 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;
35. Has committed a violation of Section 11-1301.6 of
this Code;
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

SB3732 Engrossed - 40 - LRB096 20624 AJT 36335 b
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 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;
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

SB3732 Engrossed - 41 - LRB096 20624 AJT 36335 b
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; or
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.
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
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

SB3732 Engrossed - 42 - LRB096 20624 AJT 36335 b
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
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

SB3732 Engrossed - 43 - LRB096 20624 AJT 36335 b
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.
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

SB3732 Engrossed - 44 - LRB096 20624 AJT 36335 b
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 living in the
petitioner's household to and from daycare. The petitioner
must demonstrate that no alternative means 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, 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

SB3732 Engrossed - 45 - LRB096 20624 AJT 36335 b
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, where
the use of alcohol or 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

SB3732 Engrossed - 46 - LRB096 20624 AJT 36335 b
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
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, 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

SB3732 Engrossed - 47 - LRB096 20624 AJT 36335 b
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 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

SB3732 Engrossed - 48 - LRB096 20624 AJT 36335 b
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.
(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. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,

SB3732 Engrossed - 49 - LRB096 20624 AJT 36335 b
eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
eff. 8-11-09; 96-607, eff. 8-24-09.)
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension or
revocation.
(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 to determine the alcohol, drug, or
intoxicating compound concentration, pursuant to 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 resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act,
a controlled substance listed in the Illinois Controlled

SB3732 Engrossed - 50 - LRB096 20624 AJT 36335 b
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
to Section 11-501.1 or any amount of a drug, substance or
compound in such 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, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act.
(a-1) Unless the statutory summary revocation has been
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.

SB3732 Engrossed - 51 - LRB096 20624 AJT 36335 b
(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,
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

SB3732 Engrossed - 52 - LRB096 20624 AJT 36335 b
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 any type of driving permit or privilege during the
summary 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. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
eff. 8-21-08.)
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
Sec. 6-303. Driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked.
(a) Except as otherwise provided in subsection (a-5), any
person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such
person's driver's license, permit or privilege to do so or the
privilege to obtain a driver's license or permit is revoked or
suspended as provided by this Code or the law of another state,
except as may be specifically allowed by a judicial driving
permit issued prior to January 1, 2009, monitoring device

SB3732 Engrossed - 53 - LRB096 20624 AJT 36335 b
driving permit, family financial responsibility driving
permit, probationary license to drive, or a restricted driving
permit issued pursuant to this Code or under the law of another
state, shall be guilty of a Class A misdemeanor.
(a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961, relating to the offense of reckless
homicide or a similar provision of a law of another state, is
guilty of a Class 4 felony. The person shall be required to
undergo a professional evaluation, as provided in Section
11-501 of this Code, to determine if an alcohol, drug, or
intoxicating compound problem exists and the extent of the
problem, and to undergo the imposition of treatment as
appropriate.
(b) (Blank).
(b-1) Upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit or monitoring device
driving permit the Secretary shall extend the suspension for
the same period of time as the originally imposed suspension
unless the suspension has already expired, in which case the

SB3732 Engrossed - 54 - LRB096 20624 AJT 36335 b
Secretary shall be authorized to suspend the person's driving
privileges for the same period of time as the originally
imposed suspension.
(b-2) Except as provided in subsection (b-6), upon
receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit or privilege was revoked by
the Secretary of State or the driver's license administrator of
any other state, except as specifically allowed by a restricted
driving permit issued pursuant to this Code or the law of
another state, the Secretary shall not issue a driver's license
for an additional period of one year from the date of such
conviction indicating such person was operating a vehicle
during such period of revocation.
(b-3) (Blank).
(b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating a
motor vehicle that was not equipped with an ignition interlock
device during a time when the person was prohibited from
operating a motor vehicle not equipped with such a device, the
Secretary shall not issue a driver's license to that person for
an additional period of one year from the date of the
conviction.
(b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving

SB3732 Engrossed - 55 - LRB096 20624 AJT 36335 b
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961, as amended,
relating to the offense of reckless homicide, or a similar
provision of a law of another state.
(b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 relating
to the offense of reckless homicide or a similar out-of-state
offense, the Secretary shall not issue a driver's license for
an additional period of three years from the date of such
conviction.
(c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
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
(2) a violation of paragraph (b) of Section 11-401 of
this Code or a similar provision of a local ordinance
relating to the offense of leaving the scene of a motor
vehicle accident involving personal injury or death; or

SB3732 Engrossed - 56 - LRB096 20624 AJT 36335 b
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code.
Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
(c-1) Except as provided in subsections (c-5) and (d), any
person convicted of a second violation of this Section shall be
ordered by the court to serve a minimum of 100 hours of
community service.
(c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
(1) Seizure of the license plates of the person's
vehicle.
(2) Immobilization of the person's vehicle for a period
of time to be determined by the court.
(c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a MDDP shall
be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.
(c-4) Any person who has been issued a MDDP and who is
convicted of a violation of this Section as a result of
operating or being in actual physical control of a motor
vehicle not equipped with an ignition interlock device at the
time of the offense shall be guilty of a Class 4 felony and
shall serve a minimum term of imprisonment of 30 days.

SB3732 Engrossed - 57 - LRB096 20624 AJT 36335 b
(c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a mandatory
term of imprisonment, if the revocation or suspension was for a
violation of Section 9-3 of the Criminal Code of 1961, relating
to the offense of reckless homicide, or a similar out-of-state
offense.
(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if the original
revocation or suspension was for a violation of Section 11-401
or 11-501 of this Code, or a similar out-of-state offense, or a
similar provision of a local ordinance, or a statutory summary
suspension or revocation under Section 11-501.1 of this Code.
(d-1) Except as provided in subsections (d-2), (d-2.5), and
(d-3), any person convicted of a third or subsequent violation
of this Section shall serve a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court.
(d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days if the revocation or suspension
was for a violation of Section 11-401 or 11-501 of this Code,
or a similar out-of-state offense, or a similar provision of a
local ordinance, or a statutory summary suspension or

SB3732 Engrossed - 58 - LRB096 20624 AJT 36335 b
revocation under Section 11-501.1 of this Code.
(d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment if the revocation or suspension was for a
violation of Section 9-3 of the Criminal Code of 1961, relating
to the offense of reckless homicide, or a similar out-of-state
offense. The person's driving privileges shall be revoked for
the remainder of the person's life.
(d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days if the revocation or suspension was
for a violation of Section 11-401 or 11-501 of this Code, or a
similar out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
(d-3.5) Any person convicted of a fourth or subsequent
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, and must serve
a mandatory term of imprisonment, and is eligible for an
extended term, if the revocation or suspension was for a
violation of Section 9-3 of the Criminal Code of 1961, relating
to the offense of reckless homicide, or a similar out-of-state
offense.
(d-4) Any person convicted of a tenth, eleventh, twelfth,

SB3732 Engrossed - 59 - LRB096 20624 AJT 36335 b
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if the revocation or suspension was for
a violation of Section 11-401 or 11-501 of this Code, or a
similar out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
(d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if the
revocation or suspension was for a violation of Section 11-401
or 11-501 of this Code, or a similar out-of-state offense, or a
similar provision of a local ordinance, or a statutory summary
suspension or revocation under Section 11-501.1 of this Code.
(e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the vehicle
that was impounded and the notarized written consent for the
release by the vehicle owner.
(f) 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.

SB3732 Engrossed - 60 - LRB096 20624 AJT 36335 b
(g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 1961 if the person's
driving privilege was revoked or suspended as a result of a
violation listed in paragraph (1) or (2) of subsection (c) of
this Section, as a result of a summary suspension or revocation
as provided in paragraph (3) of subsection (c) of this Section,
or as a result of a violation of Section 9-3 of the Criminal
Code of 1961 relating to the offense of reckless homicide.
(Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,
eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; revised
9-15-09.)
(625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
Sec. 6-520. CDL disqualification or out-of-service order;
hearing.
(a) A disqualification of commercial driving privileges by
the Secretary of State, pursuant to this UCDLA, shall not
become effective until the person is notified in writing, by
the Secretary, of the impending disqualification and advised
that a CDL hearing may be requested of the Secretary if the
stop or arrest occurred in a commercial motor vehicle.
(b) Upon receipt of: the notice of a CDL disqualification
not based upon a conviction; an out-of-service order; or
notification that a CDL disqualification is forthcoming, the

SB3732 Engrossed - 61 - LRB096 20624 AJT 36335 b
person may make a written petition in a form, approved by the
Secretary of State, for a CDL hearing with the Secretary if the
stop or arrest occurred in a commercial motor vehicle. Such
petition must state the grounds upon which the person seeks to
have the CDL disqualification rescinded or the out-of-service
order removed from the person's driving record. Within 10 days
after the receipt of such petition, it shall be reviewed by the
Director of the Department of Administrative Hearings, Office
of the Secretary of State, or by an appointed designee. If it
is determined that the petition on its face does not state
grounds upon which the relief may be based, the petition for a
CDL hearing shall be denied and the disqualification shall
become effective as if no petition had been filed and the
out-of-service order shall be sustained. If such petition is so
denied, the person may submit another petition.
(c) The scope of a CDL hearing, for any disqualification
imposed pursuant to paragraphs (1) and (2) of subsection (a) of
Section 6-514, resulting from the operation of a commercial
motor vehicle, shall be limited to the following issues:
1. Whether the person was operating a commercial motor
vehicle;
2. Whether, after making the initial stop, the police
officer had probable cause to issue a Sworn Report;
3. Whether the person was verbally warned of the
ensuing consequences prior to submitting to any type of
chemical test or tests to determine such person's blood

SB3732 Engrossed - 62 - LRB096 20624 AJT 36335 b
concentration of alcohol, other drug, or both;
4. Whether the person did refuse to submit to or failed
to complete the chemical testing or did submit to such test
or tests and such test or tests disclosed an alcohol
concentration of at least 0.04 or any amount of a drug,
substance, or compound resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act
or a controlled substance listed in the Illinois Controlled
Substances Act or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act in
the person's system;
5. Whether the person was warned that if the test or
tests disclosed an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act or a controlled substance listed in
the Illinois Controlled Substances Act or methamphetamine
as listed in the Methamphetamine Control and Community
Protection Act, such results could be admissible in a
subsequent prosecution under Section 11-501 of this Code or
similar provision of local ordinances; and
6. Whether such results could not be used to impose any
driver's license sanctions pursuant to Section 11-501.1.
Upon the conclusion of the above CDL hearing, the CDL
disqualification imposed shall either be sustained or
rescinded.

SB3732 Engrossed - 63 - LRB096 20624 AJT 36335 b
(d) The scope of a CDL hearing for any out-of-service
sanction, imposed pursuant to Section 6-515, shall be limited
to the following issues:
1. Whether the person was driving a commercial motor
vehicle;
2. Whether, while driving such commercial motor
vehicle, the person had alcohol or any amount of a drug,
substance, or compound resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act
or a controlled substance listed in the Illinois Controlled
Substances Act or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act in
such person's system;
3. Whether the person was verbally warned of the
ensuing consequences prior to being asked to submit to any
type of chemical test or tests to determine such person's
alcohol, other drug, or both, concentration; and
4. Whether, after being so warned, the person did
refuse to submit to or failed to complete such chemical
test or tests or did submit to such test or tests and such
test or tests disclosed an alcohol concentration greater
than 0.00 or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act or a controlled
substance listed in the Illinois Controlled Substances Act
or methamphetamine as listed in the Methamphetamine

SB3732 Engrossed - 64 - LRB096 20624 AJT 36335 b
Control and Community Protection Act.
Upon the conclusion of the above CDL hearing, the
out-of-service sanction shall either be sustained or removed
from the person's driving record.
(e) If any person petitions for a hearing relating to any
CDL disqualification based upon a conviction, as defined in
this UCDLA, said hearing shall not be conducted as a CDL
hearing, but shall be conducted as any other driver's license
hearing, whether formal or informal, as promulgated in the
rules and regulations of the Secretary.
(f) Any evidence of alcohol or other drug consumption, for
the purposes of this UCDLA, shall be sufficient probable cause
for requesting the driver to submit to a chemical test or tests
to determine the presence of alcohol, other drug, or both in
the person's system and the subsequent issuance of an
out-of-service order or a Sworn Report by a police officer.
(g) For the purposes of this UCDLA, a CDL "hearing" shall
mean a hearing before the Office of the Secretary of State in
accordance with Section 2-118 of this Code, for the purpose of
resolving differences or disputes specifically related to the
scope of the issues identified in this Section relating to the
operation of a commercial motor vehicle. These proceedings will
be a matter of record and a final appealable order issued. The
petition for a CDL hearing shall not stay or delay the
effective date of the impending disqualification.
(h) The CDL hearing may be conducted upon a review of the

SB3732 Engrossed - 65 - LRB096 20624 AJT 36335 b
police officer's own official reports; provided however, that
the petitioner may subpoena the officer. Failure of the officer
to answer the subpoena shall be grounds for a continuance.
(i) Any CDL disqualification based upon a statutory summary
suspension or revocation resulting from an arrest of a CDL
holder while operating a non-commercial motor vehicle, may only
be contested by filing a petition to contest the statutory
summary suspension or revocation in the appropriate circuit
court as provided for in Section 2-118.1 of this Code.
(Source: P.A. 95-382, eff. 8-23-07.)
(625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
Sec. 11-401. Motor vehicle accidents involving death or
personal injuries.
(a) The driver of any vehicle involved in a motor vehicle
accident resulting in personal injury to or death of any person
shall immediately stop such vehicle at the scene of such
accident, or as close thereto as possible and shall then
forthwith return to, and in every event shall remain at the
scene of the accident until the requirements of Section 11-403
have been fulfilled. Every such stop shall be made without
obstructing traffic more than is necessary.
(b) Any person who has failed to stop or to comply with the
requirements of paragraph (a) shall, as soon as possible but in
no case later than one-half hour after such motor vehicle
accident, or, if hospitalized and incapacitated from reporting

SB3732 Engrossed - 66 - LRB096 20624 AJT 36335 b
at any time during such period, as soon as possible but in no
case later than one-half hour after being discharged from the
hospital, report the place of the accident, the date, the
approximate time, the driver's name and address, the
registration number of the vehicle driven, and the names of all
other occupants of such vehicle, at a police station or
sheriff's office near the place where such accident occurred.
No report made as required under this paragraph shall be used,
directly or indirectly, as a basis for the prosecution of any
violation of paragraph (a).
(b-1) Any person arrested for violating this Section is
subject to chemical testing of his or her blood, breath, or
urine for the presence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, as provided in Section 11-501.1, if the testing occurs
within 12 hours of the time of the occurrence of the accident
that led to his or her arrest. The person's driving privileges
are subject to statutory summary suspension under Section
11-501.1 if he or she fails testing or statutory summary
revocation under Section 11-501.1 if he or she refuses to
undergo the testing.
For purposes of this Section, personal injury shall mean
any injury requiring immediate professional treatment in a
medical facility or doctor's office.
(c) Any person failing to comply with paragraph (a) shall
be guilty of a Class 4 felony.

SB3732 Engrossed - 67 - LRB096 20624 AJT 36335 b
(d) Any person failing to comply with paragraph (b) is
guilty of a Class 2 felony if the motor vehicle accident does
not result in the death of any person. Any person failing to
comply with paragraph (b) when the accident results in the
death of any person is guilty of a Class 1 felony.
(e) The Secretary of State shall revoke the driving
privilege of any person convicted of a violation of this
Section.
(Source: P.A. 94-115, eff. 1-1-06; 95-347, eff. 1-1-08.)
(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
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

SB3732 Engrossed - 68 - LRB096 20624 AJT 36335 b
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 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.)
(625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
Sec. 11-501.1. Suspension of drivers license; statutory
summary alcohol, other drug or drugs, or intoxicating compound
or compounds related suspension or revocation; implied
consent.
(a) Any person who drives or is in actual physical control
of a motor vehicle upon the public highways of this State shall
be deemed to have given consent, subject to the provisions of
Section 11-501.2, to a chemical test or tests of blood, breath,
or urine for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket, for any
offense as defined in Section 11-501 or a similar provision of

SB3732 Engrossed - 69 - LRB096 20624 AJT 36335 b
a local ordinance, or if arrested for violating Section 11-401.
The test or tests shall be administered at the direction of the
arresting officer. The law enforcement agency employing the
officer shall designate which of the aforesaid tests shall be
administered. A urine test may be administered even after a
blood or breath test or both has been administered. For
purposes of this Section, an Illinois law enforcement officer
of this State who is investigating the person for any offense
defined in Section 11-501 may travel into an adjoining state,
where the person has been transported for medical care, to
complete an investigation and to request that the person submit
to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are
inapplicable, but the officer shall issue the person a Uniform
Traffic Ticket for an offense as defined in Section 11-501 or a
similar provision of a local ordinance prior to requesting that
the person submit to the test or tests. The issuance of the
Uniform Traffic Ticket shall not constitute an arrest, but
shall be for the purpose of notifying the person that he or she
is subject to the provisions of this Section and of the
officer's belief of the existence of probable cause to arrest.
Upon returning to this State, the officer shall file the
Uniform Traffic Ticket with the Circuit Clerk of the county
where the offense was committed, and shall seek the issuance of
an arrest warrant or a summons for the person.
(b) Any person who is dead, unconscious, or who is

SB3732 Engrossed - 70 - LRB096 20624 AJT 36335 b
otherwise in a condition rendering the person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or tests
may be administered, subject to the provisions of Section
11-501.2.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test will result in
the statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Section 6-208.1 of this
Code, and will also result in the disqualification of the
person's privilege to operate a commercial motor vehicle, as
provided in Section 6-514 of this Code, if the person is a CDL
holder. The person shall also be warned that a refusal to
submit to the test, when the person was involved in a motor
vehicle accident that caused personal injury or death to
another, will result in the statutory summary revocation of the
person's privilege to operate a motor vehicle, as provided in
Section 6-208.1, and will also result in the disqualification
of the person's privilege to operate a commercial motor
vehicle, as provided in Section 6-514 of this Code, if the
person is a CDL holder. The person shall also be warned by the
law enforcement officer that if the person submits to the test
or tests provided in paragraph (a) of this Section and the
alcohol concentration in the person's blood or breath is 0.08
or greater, or any amount of a drug, substance, or compound

SB3732 Engrossed - 71 - LRB096 20624 AJT 36335 b
resulting from the unlawful use or consumption of cannabis as
covered by the Cannabis Control Act, a controlled substance
listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
detected in the person's blood or urine, a statutory summary
suspension of the person's privilege to operate a motor
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
Code, and a disqualification of the person's privilege to
operate a commercial motor vehicle, as provided in Section
6-514 of this Code, if the person is a CDL holder, will be
imposed.
A person who is under the age of 21 at the time the person
is requested to submit to a test as provided above shall, in
addition to the warnings provided for in this Section, be
further warned by the law enforcement officer requesting the
test that if the person submits to the test or tests provided
in paragraph (a) of this Section and the alcohol concentration
in the person's blood or breath is greater than 0.00 and less
than 0.08, a suspension of the person's privilege to operate a
motor vehicle, as provided under Sections 6-208.2 and 11-501.8
of this Code, will be imposed. The results of this test shall
be admissible in a civil or criminal action or proceeding
arising from an arrest for an offense as defined in Section
11-501 of this Code or a similar provision of a local ordinance

SB3732 Engrossed - 72 - LRB096 20624 AJT 36335 b
or pursuant to Section 11-501.4 in prosecutions for reckless
homicide brought under the Criminal Code of 1961. These test
results, however, shall be admissible only in actions or
proceedings directly related to the incident upon which the
test request was made.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of 0.08 or more, or any
amount of a drug, substance, or intoxicating compound in the
person's breath, blood, or urine resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the circuit court of venue and the Secretary of State,
certifying that the test or tests was or were requested under
paragraph (a) and the person refused to submit to a test, or
tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more.
(e) Upon receipt of the sworn report of a law enforcement
officer submitted under paragraph (d), the Secretary of State
shall enter the statutory summary suspension or revocation and
disqualification for the periods specified in Sections 6-208.1
and 6-514, respectively, and effective as provided in paragraph
(g).

SB3732 Engrossed - 73 - LRB096 20624 AJT 36335 b
If the person is a first offender as defined in Section
11-500 of this Code, and is not convicted of a violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, then reports received by the Secretary of State
under this Section shall, except during the actual time the
Statutory Summary Suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State. However,
beginning January 1, 2008, if the person is a CDL holder, the
statutory summary suspension shall also be made available to
the driver licensing administrator of any other state, the U.S.
Department of Transportation, and the affected driver or motor
carrier or prospective motor carrier upon request. Reports
received by the Secretary of State under this Section shall
also be made available to the parent or guardian of a person
under the age of 18 years that holds an instruction permit or a
graduated driver's license, regardless of whether the
statutory summary suspension is in effect. A statutory summary
revocation shall not be privileged information.
(f) The law enforcement officer submitting the sworn report
under paragraph (d) shall serve immediate notice of the
statutory summary suspension or revocation on the person and
the suspension or revocation and disqualification shall be
effective as provided in paragraph (g). In cases where the
blood alcohol concentration of 0.08 or greater or any amount of
a drug, substance, or compound resulting from the unlawful use

SB3732 Engrossed - 74 - LRB096 20624 AJT 36335 b
or consumption of cannabis as covered by the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
established by a subsequent analysis of blood or urine
collected at the time of arrest, the arresting officer or
arresting agency shall give notice as provided in this Section
or by deposit in the United States mail of the notice in an
envelope with postage prepaid and addressed to the person at
his address as shown on the Uniform Traffic Ticket and the
statutory summary suspension and disqualification shall begin
as provided in paragraph (g). The officer shall confiscate any
Illinois driver's license or permit on the person at the time
of arrest. If the person has a valid driver's license or
permit, the officer shall issue the person a receipt, in a form
prescribed by the Secretary of State, that will allow that
person to drive during the periods provided for in paragraph
(g). The officer shall immediately forward the driver's license
or permit to the circuit court of venue along with the sworn
report provided for in paragraph (d).
(g) The statutory summary suspension or revocation and
disqualification referred to in this Section shall take effect
on the 46th day following the date the notice of the statutory
summary suspension or revocation was given to the person.
(h) The following procedure shall apply whenever a person

SB3732 Engrossed - 75 - LRB096 20624 AJT 36335 b
is arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension or revocation by mailing a notice of the
effective date of the suspension or revocation to the person
and the court of venue. The Secretary of State shall also mail
notice of the effective date of the disqualification to the
person. However, should the sworn report be defective by not
containing sufficient information or be completed in error, the
confirmation of the statutory summary suspension or revocation
shall not be mailed to the person or entered to the record;
instead, the sworn report shall be forwarded to the court of
venue with a copy returned to the issuing agency identifying
any defect.
(i) As used in this Section, "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 severely bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(Source: P.A. 94-115, eff. 1-1-06; 95-201, eff. 1-1-08; 95-382,
eff. 8-23-07; 95-876, eff. 8-21-08.)
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)

SB3732 Engrossed - 76 - LRB096 20624 AJT 36335 b
Sec. 11-501.6. Driver involvement in personal injury or
fatal motor vehicle accident not involving an arrest for a
violation of Section 11-501; driving under the influence of
alcohol, other drug or drugs, intoxicating compounds, or any
combination thereof; chemical 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. This
Section shall not apply to those persons arrested for a
violation of Section 11-501 or a similar violation of a local
ordinance, in which case the provisions of Section 11-501.1
shall apply. 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

SB3732 Engrossed - 77 - LRB096 20624 AJT 36335 b
administered. Compliance with this Section does not relieve
such person from the 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,
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

SB3732 Engrossed - 78 - LRB096 20624 AJT 36335 b
Compounds Act, or methamphetamine as listed in the
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 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 such person's blood or

SB3732 Engrossed - 79 - LRB096 20624 AJT 36335 b
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.
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 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
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

SB3732 Engrossed - 80 - LRB096 20624 AJT 36335 b
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
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

SB3732 Engrossed - 81 - LRB096 20624 AJT 36335 b
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. 95-382, eff. 8-23-07.)
(625 ILCS 5/11-501.8)
Sec. 11-501.8. Suspension of driver's license; persons
under age 21.
(a) A person who is less than 21 years of age and who
drives or is in actual physical control of a motor vehicle upon
the public highways of this State shall be deemed to have given
consent to a chemical test or tests of blood, breath, or urine

SB3732 Engrossed - 82 - LRB096 20624 AJT 36335 b
for the purpose of determining the alcohol content of the
person's blood if arrested, as evidenced by the issuance of a
Uniform Traffic Ticket for any violation of the Illinois
Vehicle Code or a similar provision of a local ordinance, if a
police officer has probable cause to believe that the driver
has consumed any amount of an alcoholic beverage based upon
evidence of the driver's physical condition or other first hand
knowledge of the police officer. The test or tests shall be
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.
(b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that person incapable of refusal,
shall be deemed not to have withdrawn the consent provided by
paragraph (a) of this Section and the test or tests may be
administered subject to the following provisions:
(i) Chemical analysis of the person's blood, urine,
breath, or other bodily substance, to be considered valid
under the provisions of this Section, shall have been
performed according to standards promulgated by the
Department of State Police by an individual possessing a
valid permit issued by that Department for this purpose.
The Director of State Police is authorized to approve
satisfactory techniques or methods, to ascertain the

SB3732 Engrossed - 83 - LRB096 20624 AJT 36335 b
qualifications and competence of individuals to conduct
analyses, to issue permits that shall be subject to
termination or revocation at the direction of that
Department, and to certify the accuracy of breath testing
equipment. The Department of State Police shall prescribe
regulations as necessary.
(ii) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a registered nurse, or other qualified person
trained in venipuncture and acting under the direction of a
licensed physician may withdraw blood for the purpose of
determining the alcohol content therein. This limitation
does not apply to the taking of breath or urine specimens.
(iii) The person tested may have a physician, qualified
technician, chemist, registered nurse, or other qualified
person of his or her own choosing administer a chemical
test or tests in addition to any test or tests administered
at the direction of a law enforcement officer. The failure
or inability to obtain an additional test by a person shall
not preclude the consideration of the previously performed
chemical test.
(iv) Upon a request of the person who submits to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or that person's

SB3732 Engrossed - 84 - LRB096 20624 AJT 36335 b
attorney.
(v) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(vi) If a driver is receiving medical treatment as a
result of a motor vehicle accident, a physician licensed to
practice medicine, registered nurse, or other qualified
person trained in venipuncture and acting under the
direction of a licensed physician shall withdraw blood for
testing purposes to ascertain the presence of alcohol upon
the specific request of a law enforcement officer. However,
that testing shall not be performed until, in the opinion
of the medical personnel on scene, the withdrawal can be
made without interfering with or endangering the
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 more than
0.00, may result in the loss of that person's privilege to
operate a motor vehicle and may result in the disqualification
of the person's privilege to operate a commercial motor
vehicle, as provided in Section 6-514 of this Code, if the
person is a CDL holder. The loss of driving privileges shall be
imposed in accordance with Section 6-208.2 of this Code.
(d) If the person refuses testing or submits to a test that

SB3732 Engrossed - 85 - LRB096 20624 AJT 36335 b
discloses an alcohol concentration of more than 0.00, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of more than 0.00. The law enforcement officer
shall submit the same sworn report when a person under the age
of 21 submits to testing under Section 11-501.1 of this Code
and the testing discloses an alcohol concentration of more than
0.00 and less than 0.08.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the suspension and
disqualification on the individual's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to
the person. If this suspension is the individual's first
driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall,
except during the time the suspension is in effect, be
privileged information and for use only by the courts, police
officers, prosecuting authorities, the Secretary of State, or
the individual personally. However, beginning January 1, 2008,
if the person is a CDL holder, the report of suspension shall
also be made available to the driver licensing administrator of
any other state, the U.S. Department of Transportation, and the

SB3732 Engrossed - 86 - LRB096 20624 AJT 36335 b
affected driver or motor carrier or prospective motor carrier
upon request. Reports received by the Secretary of State under
this Section shall also be made available to the parent or
guardian of a person under the age of 18 years that holds an
instruction permit or a graduated driver's license, regardless
of whether the suspension is in effect.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and the suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than
0.00 is established by a subsequent analysis of blood or urine,
the police officer or arresting agency shall give notice as
provided in this Section or by deposit in the United States
mail of that notice in an envelope with postage prepaid and
addressed to that person at his last known address and the loss
of driving privileges shall be effective on the 46th day
following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
suspension and disqualification to the driver by mailing a
notice of the effective date of the suspension and
disqualification to the individual. However, should the sworn
report be defective by not containing sufficient information or
be completed in error, the notice of the suspension and
disqualification shall not be mailed to the person or entered

SB3732 Engrossed - 87 - LRB096 20624 AJT 36335 b
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 and
disqualification by requesting an administrative hearing with
the Secretary of State in accordance with Section 2-118 of this
Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is
shown to be more than 0.00 shall not be subject to this Section
if the individual's blood alcohol concentration resulted only
from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing
shall not stay or delay the effective date of the impending
suspension. The scope of this hearing shall be limited to the
issues of:
(1) whether the police officer had probable cause to
believe that the person was driving or in actual physical
control of a motor vehicle upon the public highways of the
State and the police officer had reason to believe that the
person was in violation of any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance;
and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a
similar provision of a local ordinance; and

SB3732 Engrossed - 88 - LRB096 20624 AJT 36335 b
(3) whether the police officer had probable cause to
believe that the driver had consumed any amount of an
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended if the person refused to submit to and
complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol concentration; and
(5) whether the person, after being advised by the
officer that the privileges to operate a motor vehicle
would be suspended if the person submits to a chemical test
or tests and the test or tests disclose an alcohol
concentration of more than 0.00, did submit to and complete
the test or tests that determined an alcohol concentration
of more than 0.00; and
(6) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol in the performance of a religious service or
ceremony; and
(7) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol through ingestion of the prescribed or
recommended dosage of medicine.

SB3732 Engrossed - 89 - LRB096 20624 AJT 36335 b
At the conclusion of the hearing held under Section 2-118
of this Code, the Secretary of State may rescind, continue, or
modify the suspension and disqualification. If the Secretary of
State does not rescind the suspension and disqualification, a
restricted driving permit may be granted by the Secretary of
State upon application being made and good cause shown. A
restricted driving permit may be granted to relieve undue
hardship by allowing driving for employment, educational, and
medical purposes as outlined in item (3) of part (c) of Section
6-206 of this Code. The provisions of item (3) of part (c) of
Section 6-206 of this Code and of subsection (f) of that
Section shall apply. The Secretary of State shall promulgate
rules providing for participation in an alcohol education and
awareness program or activity, a drug education and awareness
program or activity, or both as a condition to the issuance of
a restricted driving permit for suspensions imposed under this
Section.
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that the
results of the testing may be considered at a hearing held
under Section 2-118 of this Code. However, the results of the
testing may not be used to impose driver's license sanctions
under Section 11-501.1 of this Code. A law enforcement officer
may, however, pursue a statutory summary suspension or
revocation of driving privileges under Section 11-501.1 of this

SB3732 Engrossed - 90 - LRB096 20624 AJT 36335 b
Code if other physical evidence or first hand knowledge forms
the basis of that suspension or revocation.
(g) This Section applies only to drivers who are under age
21 at the time of the issuance of a Uniform Traffic Ticket for
a violation of the Illinois Vehicle Code or a similar provision
of a local ordinance, and a chemical test request is made under
this Section.
(h) The action of the Secretary of State in suspending,
revoking, cancelling, or disqualifying any license or permit
shall be subject to judicial review in the Circuit Court of
Sangamon County or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law and its rules are
hereby adopted and shall apply to and govern every action for
the judicial review of final acts or decisions of the Secretary
of State under this Section.
(Source: P.A. 94-307, eff. 9-30-05; 95-201, eff. 1-1-08;
95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-876, eff.
8-21-08.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-15 as follows:
(725 ILCS 5/115-15)
Sec. 115-15. Laboratory reports.
(a) In any criminal prosecution for a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act,

SB3732 Engrossed - 91 - LRB096 20624 AJT 36335 b
or the Methamphetamine Control and Community Protection Act, a
laboratory report from the Department of State Police, Division
of Forensic Services, that is signed and sworn to by the person
performing an analysis and that states (1) that the substance
that is the basis of the alleged violation has been weighed and
analyzed, and (2) the person's findings as to the contents,
weight and identity of the substance, and (3) that it contains
any amount of a controlled substance or cannabis is prima facie
evidence of the contents, identity and weight of the substance.
Attached to the report shall be a copy of a notarized statement
by the signer of the report giving the name of the signer and
stating (i) that he or she is an employee of the Department of
State Police, Division of Forensic Services, (ii) the name and
location of the laboratory where the analysis was performed,
(iii) that performing the analysis is a part of his or her
regular duties, and (iv) that the signer is qualified by
education, training and experience to perform the analysis. The
signer shall also allege that scientifically accepted tests
were performed with due caution and that the evidence was
handled in accordance with established and accepted procedures
while in the custody of the laboratory.
(a-5) In any criminal prosecution for reckless homicide
under Section 9-3 of the Criminal Code of 1961 or driving under
the influence of alcohol, other drug, or combination of both,
in violation of Section 11-501 of the Illinois Vehicle Code or
in any civil action held under a statutory summary suspension

SB3732 Engrossed - 92 - LRB096 20624 AJT 36335 b
or revocation hearing under Section 2-118.1 of the Illinois
Vehicle Code, a laboratory report from the Department of State
Police, Division of Forensic Services, that is signed and sworn
to by the person performing an analysis, and that states that
the sample of blood or urine was tested for alcohol or drugs,
and contains the person's findings as to the presence and
amount of alcohol or drugs and type of drug is prima facie
evidence of the presence, content, and amount of the alcohol or
drugs analyzed in the blood or urine. Attached to the report
must be a copy of a notarized statement by the signer of the
report giving the name of the signer and stating (1) that he or
she is an employee of the Department of State Police, Division
of Forensic Services, (2) the name and location of the
laboratory where the analysis was performed, (3) that
performing the analysis is a part of his or her regular duties,
(4) that the signer is qualified by education, training, and
experience to perform the analysis, and (5) that scientifically
accepted tests were performed with due caution and that the
evidence was handled in accordance with established and
accepted procedures while in the custody of the laboratory.
(b) The State's Attorney shall serve a copy of the report
on the attorney of record for the accused, or on the accused if
he or she has no attorney, before any proceeding in which the
report is to be used against the accused other than at a
preliminary hearing or grand jury hearing when the report may
be used without having been previously served upon the accused.

SB3732 Engrossed - 93 - LRB096 20624 AJT 36335 b
(c) The report shall not be prima facie evidence if the
accused or his or her attorney demands the testimony of the
person signing the report by serving the demand upon the
State's Attorney within 7 days from the accused or his or her
attorney's receipt of the report.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 99. Effective date. This Act takes effect July 1,
2011.