Bill Amendment: IL HB2762 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DUI SALIVA TESTING
Status: 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB2762 Detail]
Download: Illinois-2015-HB2762-House_Amendment_001.html
Bill Title: DUI SALIVA TESTING
Status: 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB2762 Detail]
Download: Illinois-2015-HB2762-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2762
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2 | AMENDMENT NO. ______. Amend House Bill 2762 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Aeronautics Act is amended by | ||||||
5 | changing Sections 43d and 43e as follows:
| ||||||
6 | (620 ILCS 5/43d) (from Ch. 15 1/2, par. 22.43d)
| ||||||
7 | Sec. 43d. Intoxicated persons in or about aircraft.
| ||||||
8 | (a) No person shall:
| ||||||
9 | (1) Operate or attempt to operate any aircraft in this | ||||||
10 | State while under
the influence of intoxicating liquor or | ||||||
11 | any narcotic drug or other
controlled substance.
| ||||||
12 | (2) Knowingly permit any individual who is under the | ||||||
13 | influence of
intoxicating liquor or any narcotic drug or | ||||||
14 | other controlled substance to
operate any aircraft owned by | ||||||
15 | the person or in his custody or control.
| ||||||
16 | (3) Perform any act in connection with the maintenance |
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| |||||||
1 | or operation of
any aircraft when under the influence of | ||||||
2 | intoxicating liquor or any
narcotic drug or other | ||||||
3 | controlled substance, except medication prescribed
by a | ||||||
4 | physician which will not render the person incapable of | ||||||
5 | performing
his duties safely.
| ||||||
6 | (4)(i) Consume alcoholic liquor within 8 hours prior to | ||||||
7 | operating or
acting as a crew member of any aircraft within | ||||||
8 | this State.
| ||||||
9 | (ii) Act as a crew member of any aircraft within this | ||||||
10 | State
while under the influence of alcohol
or when the | ||||||
11 | alcohol concentration in the person's blood , saliva, or | ||||||
12 | breath is
0.04
or
more based on the definition of blood , | ||||||
13 | saliva, and breath units contained in Section
11-501.2 of | ||||||
14 | the Illinois Vehicle Code.
| ||||||
15 | (iii) Operate any aircraft within this
State
when the | ||||||
16 | alcohol concentration in the person's blood , saliva, or | ||||||
17 | breath is 0.04 or
more based on the definition of blood , | ||||||
18 | saliva, and breath units contained in Section
11-501.2 of | ||||||
19 | the Illinois Vehicle Code.
| ||||||
20 | (iv) Operate or act as a crew member of any aircraft | ||||||
21 | within this
State when there is any amount of a drug, | ||||||
22 | substance, or compound in the
person's blood , saliva, or | ||||||
23 | urine resulting from the unlawful use or consumption of
| ||||||
24 | cannabis as listed in the Cannabis Control Act or a | ||||||
25 | controlled substance
as listed in the Illinois Controlled | ||||||
26 | Substances Act.
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| |||||||
1 | (5) Knowingly consume while a crew member of any | ||||||
2 | aircraft
any intoxicating
liquor, narcotic drug, or other | ||||||
3 | controlled substance while the aircraft is in
operation.
| ||||||
4 | (b) Any person who violates clause (4)(i) of subsection (a) | ||||||
5 | of this Section
is guilty
of a Class A misdemeanor.
A person | ||||||
6 | who violates paragraph (2), (3), or (5) or clause (4)(ii) of
| ||||||
7 | subsection (a) of this Section is guilty of a Class 4 felony. A | ||||||
8 | person who
violates paragraph (1) or clause (4)(iii) or (4)(iv) | ||||||
9 | of subsection (a) of this
Section is guilty of a Class 3 | ||||||
10 | felony.
| ||||||
11 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
12 | (620 ILCS 5/43e) (from Ch. 15 1/2, par. 22.43e)
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13 | Sec. 43e.
(a) Any person who operates, is in actual | ||||||
14 | physical control
or who acts as a crew member of any aircraft | ||||||
15 | in this State shall be deemed
to have given consent, subject to | ||||||
16 | the provisions of Section 11-501.2 of the
Illinois Vehicle | ||||||
17 | Code, to a chemical test or tests of blood, breath , saliva, or
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18 | urine for the purpose of determining the alcohol, other drug, | ||||||
19 | or
combination thereof content of the person's blood if | ||||||
20 | arrested or upon
request by any law enforcement officer where | ||||||
21 | the officer has probable cause
to believe the person is in | ||||||
22 | violation of Section 43d of this Act. The test
or tests shall | ||||||
23 | be administered at the direction of the arresting law
| ||||||
24 | enforcement officer and the agency employing the officer shall | ||||||
25 | designate
which of the tests specified in this Section shall
be |
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1 | administered.
| ||||||
2 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
3 | in a
condition rendering the person incapable of refusal, shall | ||||||
4 | be deemed not
to have withdrawn the consent provided by | ||||||
5 | paragraph (a) of this Section,
and the test or tests may be | ||||||
6 | administered, subject to the provisions of
Section 11-501.2 of | ||||||
7 | the Illinois Vehicle Code.
| ||||||
8 | (c) If the person refuses testing or submits to a test | ||||||
9 | which discloses
an alcohol concentration of 0.04 or more or | ||||||
10 | discloses the presence of any
illegal drug the law enforcement | ||||||
11 | officer shall immediately submit a sworn
report containing that | ||||||
12 | information to the Federal Aviation Administration,
Civil | ||||||
13 | Aeronautics Board or any other federal agency responsible for | ||||||
14 | the
licensing of pilots and crew members. The test results | ||||||
15 | shall, in addition,
be made available to any agency responsible | ||||||
16 | for relicensing or recertifying
any pilot or crew member.
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17 | (Source: P.A. 87-458.)
| ||||||
18 | Section 10. The Illinois Vehicle Code is amended by | ||||||
19 | changing Sections 2-118, 2-118.1, 6-106.1a, 6-208.1, 11-401, | ||||||
20 | 11-500, 11-500.1, 11-501, 11-501.1, 11-501.2, 11-501.4, | ||||||
21 | 11-501.4-1, 11-501.6, 11-501.8, and 11-507 as follows:
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22 | (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
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23 | Sec. 2-118. Hearings.
| ||||||
24 | (a) Upon the suspension, revocation or denial of
the |
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| |||||||
1 | issuance of a license, permit, registration or certificate of | ||||||
2 | title
under this Code of any person the Secretary of State | ||||||
3 | shall immediately
notify such person in writing and upon his | ||||||
4 | written request shall, within 20
days after receipt thereof, | ||||||
5 | set a date for a hearing to commence within 90
calendar days | ||||||
6 | from the date of the written request for all requests related | ||||||
7 | to
a suspension, revocation, or the denial of the issuance of a | ||||||
8 | license, permit,
registration, or certificate of title | ||||||
9 | occurring after July 1, 2002, in the
County of
Sangamon, the | ||||||
10 | County of Jefferson, or the County of Cook, as such
person may | ||||||
11 | specify, unless both
parties agree that such hearing may be | ||||||
12 | held in some other county.
The Secretary may require the | ||||||
13 | payment of a fee of not more than $50 for the
filing of any | ||||||
14 | petition, motion, or request for hearing conducted pursuant to
| ||||||
15 | this Section. These fees must be deposited into the Secretary | ||||||
16 | of State DUI
Administration Fund, a special fund created in the | ||||||
17 | State treasury, and, subject
to appropriation and as directed | ||||||
18 | by the Secretary of State, shall be used for
operation of the | ||||||
19 | Department of Administrative Hearings of the Office of the
| ||||||
20 | Secretary of
State
and for no other purpose. The
Secretary | ||||||
21 | shall establish by rule the amount and the procedures, terms, | ||||||
22 | and
conditions relating to these fees.
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23 | (b) At any time after the suspension, revocation or denial | ||||||
24 | of a license,
permit, registration or certificate of title of | ||||||
25 | any person as
hereinbefore referred to, the Secretary of State, | ||||||
26 | in his or her discretion
and
without the necessity of a request |
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1 | by such person, may hold such a hearing,
upon not less than 10 | ||||||
2 | days' notice in writing, in the Counties of Sangamon,
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3 | Jefferson,
or Cook or in any other county agreed to by the | ||||||
4 | parties.
| ||||||
5 | (c) Upon any such hearing, the Secretary of State, or his | ||||||
6 | authorized
agent may administer oaths and issue subpoenas for | ||||||
7 | the attendance of
witnesses and the production of relevant | ||||||
8 | books and records and may require
an examination of such | ||||||
9 | person. Upon any such hearing, the Secretary of
State shall | ||||||
10 | either rescind or, good cause appearing therefor, continue,
| ||||||
11 | change or extend the Order of Revocation or Suspension, or upon | ||||||
12 | petition
therefore and subject to the provisions of this Code, | ||||||
13 | issue a restricted
driving permit or reinstate the license or | ||||||
14 | permit of such person.
| ||||||
15 | (d) All hearings and hearing procedures shall comply with | ||||||
16 | requirements
of the Constitution, so that no person is deprived | ||||||
17 | of due process of law
nor denied equal protection of the laws. | ||||||
18 | All hearings shall be held before
the Secretary of State or | ||||||
19 | before such persons as may be designated by the
Secretary of | ||||||
20 | State and appropriate records of such hearings shall be kept.
| ||||||
21 | Where a transcript of the hearing is taken, the person | ||||||
22 | requesting the
hearing shall have the opportunity to order a | ||||||
23 | copy thereof at his own
expense.
The Secretary of State shall | ||||||
24 | enter an order upon any hearing conducted
under this Section, | ||||||
25 | related to a suspension, revocation, or the denial of
the | ||||||
26 | issuance of a license, permit, registration, or certificate of |
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| |||||||
1 | title
occurring after July 1, 2002, within 90 days of its | ||||||
2 | conclusion and shall
immediately notify the person in writing | ||||||
3 | of his or her action.
| ||||||
4 | (d-5) Any hearing over which the Secretary of State has | ||||||
5 | jurisdiction because of a person's implied consent to testing | ||||||
6 | of the person's blood, breath, saliva, or urine for the | ||||||
7 | presence of alcohol, drugs, or intoxicating compounds may be | ||||||
8 | conducted upon a review of the official police reports. Either | ||||||
9 | party, however, may subpoena the arresting officer and any | ||||||
10 | other law enforcement officer who was involved in the | ||||||
11 | petitioner's arrest or processing after arrest, as well as any | ||||||
12 | other person whose testimony may be probative to the issues at | ||||||
13 | the hearing. The failure of a law enforcement officer to answer | ||||||
14 | the subpoena shall be considered grounds for a continuance if, | ||||||
15 | in the hearing officer's discretion, the continuance is | ||||||
16 | appropriate. The failure of the arresting officer to answer a | ||||||
17 | subpoena shall not, in and of itself, be considered grounds for | ||||||
18 | the rescission of an implied consent suspension. Rather, the | ||||||
19 | hearing shall proceed on the basis of the other evidence | ||||||
20 | available, and the hearing officer shall assign this evidence | ||||||
21 | whatever probative value is deemed appropriate. The decision | ||||||
22 | whether to rescind shall be based upon the totality of the | ||||||
23 | evidence.
| ||||||
24 | (e) The action of the
Secretary of State in suspending, | ||||||
25 | revoking or denying any license, permit,
registration, or | ||||||
26 | certificate of title shall be subject to judicial review
in the
|
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| |||||||
1 | Circuit Court of Sangamon County, in the Circuit Court of | ||||||
2 | Jefferson County,
or in the Circuit Court of Cook County, and | ||||||
3 | the
provisions of the Administrative Review Law, and all | ||||||
4 | amendments and
modifications thereto, and the rules adopted | ||||||
5 | pursuant thereto, are hereby
adopted and shall apply to and | ||||||
6 | govern every action for the judicial review of
final acts or | ||||||
7 | decisions of the Secretary of State hereunder.
| ||||||
8 | (Source: P.A. 95-627, eff. 6-1-08; 96-184, eff. 8-10-09.)
| ||||||
9 | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
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10 | Sec. 2-118.1. Opportunity for hearing; statutory summary | ||||||
11 | alcohol
or other drug related suspension or revocation pursuant | ||||||
12 | to Section 11-501.1. | ||||||
13 | (a) A statutory summary suspension or revocation of driving | ||||||
14 | privileges under Section
11-501.1 shall not become effective | ||||||
15 | until the person is notified in writing of
the impending | ||||||
16 | suspension or revocation and informed that he may request a | ||||||
17 | hearing in the
circuit court of venue under paragraph (b) of | ||||||
18 | this Section and the statutory
summary suspension or revocation | ||||||
19 | shall become effective as provided in Section 11-501.1. | ||||||
20 | (b) Within 90 days after the notice of statutory summary
| ||||||
21 | suspension or revocation served under Section
11-501.1, the | ||||||
22 | person may make a written request for a judicial hearing in
the | ||||||
23 | circuit court of venue. The request to the circuit court shall | ||||||
24 | state
the grounds upon which the person seeks to have the | ||||||
25 | statutory summary
suspension or revocation rescinded. Within |
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| |||||||
1 | 30 days after receipt of the written request
or the first | ||||||
2 | appearance date on the Uniform Traffic Ticket issued pursuant
| ||||||
3 | to a violation of Section 11-501, or a similar provision of a | ||||||
4 | local
ordinance, the hearing shall be conducted by the circuit | ||||||
5 | court having
jurisdiction. This judicial hearing, request, or | ||||||
6 | process shall not stay or
delay the statutory summary | ||||||
7 | suspension or revocation. The hearings shall proceed in the
| ||||||
8 | court in the same manner as in other civil proceedings. | ||||||
9 | The hearing may be conducted upon a review of the law | ||||||
10 | enforcement
officer's own official reports; provided however, | ||||||
11 | that the person may
subpoena the officer. Failure of the | ||||||
12 | officer to answer the subpoena shall
be considered grounds for | ||||||
13 | a continuance if in the court's discretion the
continuance is | ||||||
14 | appropriate. | ||||||
15 | The scope of the hearing shall be limited to the issues of: | ||||||
16 | 1. Whether the person was placed under arrest for an | ||||||
17 | offense as defined
in Section 11-501, or a similar | ||||||
18 | provision of a local ordinance, as evidenced
by the | ||||||
19 | issuance of a Uniform Traffic Ticket, or issued a Uniform | ||||||
20 | Traffic
Ticket out of state as provided in subsection (a) | ||||||
21 | of Section 11-501.1; and | ||||||
22 | 2. Whether the officer had reasonable grounds to | ||||||
23 | believe that
the person was driving or in actual physical | ||||||
24 | control of a motor vehicle
upon a highway while under the | ||||||
25 | influence of alcohol, other drug, or
combination of both; | ||||||
26 | and |
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| |||||||
1 | 3. Whether the person, after being advised by the | ||||||
2 | officer
that the privilege to operate a motor vehicle would | ||||||
3 | be suspended or revoked if the
person refused to submit to | ||||||
4 | and complete the test or tests, did refuse to
submit to or | ||||||
5 | complete the test or tests to determine the person's blood | ||||||
6 | alcohol or drug concentration; or | ||||||
7 | 4. Whether the person, after being advised by the | ||||||
8 | officer that
the privilege to operate a motor vehicle would | ||||||
9 | be suspended if the person
submits to a chemical test, or | ||||||
10 | tests, and the test discloses an alcohol
concentration of | ||||||
11 | 0.08 or more, or any amount of a drug, substance,
or | ||||||
12 | compound in the person's blood , saliva, or urine resulting | ||||||
13 | from the unlawful use or
consumption of cannabis listed in | ||||||
14 | the Cannabis Control Act, a controlled
substance listed in | ||||||
15 | the Illinois Controlled Substances Act, an intoxicating
| ||||||
16 | compound as listed in the Use of Intoxicating Compounds | ||||||
17 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
18 | Control and Community Protection Act, and the person
did | ||||||
19 | submit to and complete the test or tests that determined an | ||||||
20 | alcohol
concentration of 0.08 or more. | ||||||
21 | 4.2. (Blank). | ||||||
22 | 4.5. (Blank). | ||||||
23 | 5. If the person's driving privileges were revoked, | ||||||
24 | whether the person was involved in a motor vehicle accident | ||||||
25 | that caused Type A injury or death to another. | ||||||
26 | Upon the conclusion of the judicial hearing, the circuit |
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| |||||||
1 | court shall
sustain or rescind the statutory summary suspension | ||||||
2 | or revocation and immediately notify
the Secretary of State. | ||||||
3 | Reports received by the Secretary of State under
this Section | ||||||
4 | shall be privileged information and for use only by the
courts, | ||||||
5 | police officers, and Secretary of State. | ||||||
6 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
| ||||||
7 | (625 ILCS 5/6-106.1a)
| ||||||
8 | Sec. 6-106.1a. Cancellation of school bus driver permit; | ||||||
9 | trace of alcohol.
| ||||||
10 | (a) A person who has been issued a school bus driver permit | ||||||
11 | by the Secretary
of State in accordance with Section 6-106.1 of | ||||||
12 | this Code and who drives or is
in actual physical control of a | ||||||
13 | school bus
or any other vehicle owned or operated by or for a | ||||||
14 | public or private
school, or a school operated by a religious | ||||||
15 | institution, when the vehicle is
being used over a regularly | ||||||
16 | scheduled route for the transportation of persons
enrolled as | ||||||
17 | students in grade 12 or below, in connection with any activity | ||||||
18 | of
the entities listed, upon the public highways of this State | ||||||
19 | shall be
deemed to have given consent to a chemical test or | ||||||
20 | tests of blood, breath, saliva, or
urine for the purpose of | ||||||
21 | determining the alcohol content of the person's blood
if | ||||||
22 | arrested, as evidenced
by the issuance of a Uniform Traffic | ||||||
23 | Ticket for any violation of this
Code or a similar provision of | ||||||
24 | a local ordinance, if a police officer
has probable cause to | ||||||
25 | believe that the driver has consumed any amount of an
alcoholic |
| |||||||
| |||||||
1 | beverage based upon evidence of the driver's physical condition
| ||||||
2 | or other first hand knowledge of the police officer. The test | ||||||
3 | or tests shall
be administered at the direction of the | ||||||
4 | arresting officer. The law enforcement
agency employing the | ||||||
5 | officer shall designate which of the aforesaid tests shall
be | ||||||
6 | administered. A saliva or urine test may be administered even | ||||||
7 | after a blood or breath
test or both has been administered.
| ||||||
8 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
9 | in a condition
rendering that person incapable of refusal, | ||||||
10 | shall be deemed not to have
withdrawn the consent provided by | ||||||
11 | paragraph (a) of this Section and the test or
tests may be | ||||||
12 | administered subject to the following provisions:
| ||||||
13 | (1) Chemical analysis of the person's blood, urine, | ||||||
14 | breath, saliva, or
other substance,
to be considered valid | ||||||
15 | under the provisions of this Section, shall have been
| ||||||
16 | performed according to standards promulgated by the | ||||||
17 | Department of State Police by an
individual
possessing a | ||||||
18 | valid permit issued by the Department of State Police for | ||||||
19 | this
purpose. The
Director of State Police is authorized to | ||||||
20 | approve satisfactory techniques
or
methods, to ascertain | ||||||
21 | the qualifications and competence of individuals to
| ||||||
22 | conduct analyses, to issue
permits that shall be subject to | ||||||
23 | termination or revocation at the direction of
the | ||||||
24 | Department of State Police, and to certify the
accuracy of | ||||||
25 | breath testing
equipment. The
Department of State Police | ||||||
26 | shall prescribe rules as
necessary.
|
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| |||||||
1 | (2) When a person submits to a blood test at the | ||||||
2 | request of a law
enforcement officer under the provisions | ||||||
3 | of this Section, only a physician
authorized to practice | ||||||
4 | medicine, a licensed physician assistant, a licensed | ||||||
5 | advanced practice nurse, a registered nurse, or other | ||||||
6 | qualified person
trained in venipuncture and acting under | ||||||
7 | the direction of a licensed physician
may withdraw blood | ||||||
8 | for the purpose of determining the alcohol content.
This | ||||||
9 | limitation does not apply to the taking of breath , saliva, | ||||||
10 | or urine specimens.
| ||||||
11 | (3) The person tested may have a physician, qualified | ||||||
12 | technician, chemist,
registered nurse, or other qualified | ||||||
13 | person of his or her own choosing
administer a chemical | ||||||
14 | test or tests in addition to any test or tests
administered | ||||||
15 | at the direction of a law enforcement officer. The test
| ||||||
16 | administered at the request of the person may be admissible | ||||||
17 | into evidence at a
hearing conducted in accordance with | ||||||
18 | Section 2-118 of this Code. The failure
or inability to | ||||||
19 | obtain an additional test by a person shall not preclude | ||||||
20 | the
consideration of the previously performed chemical | ||||||
21 | test.
| ||||||
22 | (4) Upon a request of the person who submits to a | ||||||
23 | chemical test or tests
at the request of a law enforcement | ||||||
24 | officer, full information concerning the
test or tests | ||||||
25 | shall be made available to the person or that person's
| ||||||
26 | attorney by the requesting law enforcement agency within 72 |
| |||||||
| |||||||
1 | hours of receipt of
the test result.
| ||||||
2 | (5) Alcohol concentration means either grams of | ||||||
3 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
4 | per 210 liters of breath.
| ||||||
5 | (6) If a driver is receiving medical treatment as a | ||||||
6 | result of a motor
vehicle accident, a physician licensed to | ||||||
7 | practice medicine, licensed physician assistant, licensed | ||||||
8 | advanced practice nurse, registered nurse,
or other | ||||||
9 | qualified person trained in venipuncture and acting under | ||||||
10 | the
direction of a
licensed physician shall withdraw blood | ||||||
11 | for testing purposes to ascertain the
presence of alcohol | ||||||
12 | upon the specific request of a law enforcement officer.
| ||||||
13 | However, that testing shall not be performed until, in the | ||||||
14 | opinion of the
medical personnel on scene, the withdrawal | ||||||
15 | can be made without interfering with
or endangering the | ||||||
16 | well-being of the patient.
| ||||||
17 | (c) A person requested to submit to a test as provided in | ||||||
18 | this Section shall
be warned
by the law enforcement officer | ||||||
19 | requesting the test that a refusal to submit to
the test, or
| ||||||
20 | submission to the test resulting in an alcohol concentration of | ||||||
21 | more than 0.00,
may result
in the loss of that person's | ||||||
22 | privilege to possess a school bus driver
permit. The loss of | ||||||
23 | the individual's privilege to possess a school bus driver
| ||||||
24 | permit shall be imposed in accordance with Section 6-106.1b of | ||||||
25 | this Code.
| ||||||
26 | (d) If the person refuses testing or submits to a test that |
| |||||||
| |||||||
1 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
2 | enforcement officer shall
immediately submit a sworn report to | ||||||
3 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
4 | State certifying that the test or tests were
requested under | ||||||
5 | subsection (a) and the person refused to submit to a test or
| ||||||
6 | tests or submitted to testing which disclosed an alcohol | ||||||
7 | concentration of more
than 0.00. The law enforcement officer | ||||||
8 | shall submit the same sworn report when
a person who has been | ||||||
9 | issued a school bus driver permit and who was operating a
| ||||||
10 | school bus or any other vehicle owned
or operated by or for a | ||||||
11 | public or private school, or a school operated by a
religious | ||||||
12 | institution, when the vehicle is being used over a regularly
| ||||||
13 | scheduled route for the transportation of persons enrolled as | ||||||
14 | students in grade
12 or below, in connection with
any activity | ||||||
15 | of the entities listed, submits to testing under Section | ||||||
16 | 11-501.1
of this Code and the testing discloses an alcohol | ||||||
17 | concentration of more than
0.00 and less than the alcohol | ||||||
18 | concentration at which driving or being in
actual physical | ||||||
19 | control of a motor vehicle is prohibited under paragraph (1) of
| ||||||
20 | subsection (a) of Section 11-501.
| ||||||
21 | Upon receipt of the sworn report of a law enforcement | ||||||
22 | officer, the Secretary
of State shall enter the school bus | ||||||
23 | driver permit sanction on the
individual's driving record and | ||||||
24 | the sanction shall be effective on the
46th day following the | ||||||
25 | date notice of the sanction was given to the person.
| ||||||
26 | The law enforcement officer submitting the sworn report |
| |||||||
| |||||||
1 | shall serve immediate
notice of this school bus driver permit | ||||||
2 | sanction on the person and the sanction
shall be effective on | ||||||
3 | the 46th day following the date notice was given.
| ||||||
4 | In cases where the blood alcohol concentration of more than | ||||||
5 | 0.00 is
established by a subsequent analysis of blood , saliva, | ||||||
6 | or urine, the police officer or
arresting agency shall give | ||||||
7 | notice as provided in this Section or by deposit in
the United | ||||||
8 | States mail of that notice in an envelope with postage prepaid | ||||||
9 | and
addressed to that person at his or her last known address | ||||||
10 | and the loss of the
school
bus driver permit shall be effective | ||||||
11 | on the 46th day following the date notice
was given.
| ||||||
12 | Upon receipt of the sworn report of a law enforcement | ||||||
13 | officer, the Secretary
of State shall also give notice of the | ||||||
14 | school bus driver permit sanction to the
driver and the | ||||||
15 | driver's current employer by mailing a notice of the effective
| ||||||
16 | date of the sanction to the individual. However, shall the | ||||||
17 | sworn report be
defective by not containing sufficient | ||||||
18 | information or be completed in error,
the notice of the school | ||||||
19 | bus driver permit sanction may not be mailed to the
person or | ||||||
20 | his current employer or entered to the driving record,
but | ||||||
21 | rather the sworn report shall be returned to the issuing law | ||||||
22 | enforcement
agency.
| ||||||
23 | (e) A driver may contest this school bus driver permit | ||||||
24 | sanction by
requesting an administrative hearing with the | ||||||
25 | Secretary of State in accordance
with Section 2-118 of this | ||||||
26 | Code. An individual whose blood alcohol
concentration is shown |
| |||||||
| |||||||
1 | to be more than 0.00 is not subject to this Section if
he or she | ||||||
2 | consumed alcohol in the performance of a religious service or
| ||||||
3 | ceremony. An individual whose blood alcohol concentration is | ||||||
4 | shown to be more
than 0.00 shall not be subject to this Section | ||||||
5 | if the individual's blood
alcohol concentration resulted only | ||||||
6 | from ingestion of the prescribed or
recommended dosage of | ||||||
7 | medicine that contained alcohol. The petition for that
hearing | ||||||
8 | shall not stay or delay the effective date of the impending | ||||||
9 | suspension.
The scope of this hearing shall be limited to the | ||||||
10 | issues of:
| ||||||
11 | (1) whether the police officer had probable cause to | ||||||
12 | believe that the
person was driving or in actual physical | ||||||
13 | control of a school bus
or any other vehicle owned or | ||||||
14 | operated by or for a
public or private school, or a
school | ||||||
15 | operated by a religious institution, when the vehicle is | ||||||
16 | being used
over a regularly scheduled route for the | ||||||
17 | transportation of persons enrolled as
students in grade 12 | ||||||
18 | or below, in connection with any activity of the entities
| ||||||
19 | listed, upon the public highways of the State and the | ||||||
20 | police officer had reason
to believe that the person was in | ||||||
21 | violation of any provision of this
Code or a similar | ||||||
22 | provision of a local ordinance; and
| ||||||
23 | (2) whether the person was issued a Uniform Traffic | ||||||
24 | Ticket for any
violation of this Code or a similar | ||||||
25 | provision of a local
ordinance; and
| ||||||
26 | (3) whether the police officer had probable cause to |
| |||||||
| |||||||
1 | believe that the
driver had
consumed any amount of an | ||||||
2 | alcoholic beverage based upon the driver's
physical | ||||||
3 | actions or other first-hand knowledge of the police | ||||||
4 | officer; and
| ||||||
5 | (4) whether the person, after being advised by the | ||||||
6 | officer that the
privilege to possess a school bus driver | ||||||
7 | permit would be canceled if the person
refused to submit to | ||||||
8 | and complete the test or tests, did refuse to submit to or
| ||||||
9 | complete the test or tests to determine the person's | ||||||
10 | alcohol concentration; and
| ||||||
11 | (5) whether the person, after being advised by the | ||||||
12 | officer that the
privileges to possess a school bus driver | ||||||
13 | permit would be canceled if the
person submits to a | ||||||
14 | chemical test or tests and the test or tests disclose an
| ||||||
15 | alcohol concentration of more than 0.00 and
the person did | ||||||
16 | submit to and complete the test or tests that determined an
| ||||||
17 | alcohol concentration of more than 0.00; and
| ||||||
18 | (6) whether the test result of an alcohol concentration | ||||||
19 | of more than 0.00
was based upon the person's consumption | ||||||
20 | of alcohol in the performance of a
religious service or | ||||||
21 | ceremony; and
| ||||||
22 | (7) whether the test result of an alcohol concentration | ||||||
23 | of more than 0.00
was based upon the person's consumption | ||||||
24 | of alcohol through ingestion of the
prescribed or | ||||||
25 | recommended dosage of medicine.
| ||||||
26 | The Secretary of State may adopt administrative rules |
| |||||||
| |||||||
1 | setting forth
circumstances under which the holder of a school | ||||||
2 | bus driver permit is not
required to
appear in
person at the | ||||||
3 | hearing.
| ||||||
4 | Provided that the petitioner may subpoena the officer, the | ||||||
5 | hearing may be
conducted upon a review of the law enforcement | ||||||
6 | officer's own official
reports. Failure of the officer to | ||||||
7 | answer the subpoena shall be grounds for a
continuance if, in | ||||||
8 | the hearing officer's discretion, the continuance is
| ||||||
9 | appropriate. At the conclusion of the hearing held under | ||||||
10 | Section 2-118 of this
Code, the Secretary of State may rescind, | ||||||
11 | continue, or modify
the school bus driver permit sanction.
| ||||||
12 | (f) The results of any chemical testing performed in | ||||||
13 | accordance with
subsection (a) of this Section are not | ||||||
14 | admissible in any civil or criminal
proceeding, except that the | ||||||
15 | results
of the testing may be considered at a hearing held | ||||||
16 | under Section 2-118 of this
Code. However, the results of the | ||||||
17 | testing may not be used to impose
driver's license sanctions | ||||||
18 | under Section 11-501.1 of this Code. A law
enforcement officer | ||||||
19 | may, however, pursue a statutory summary suspension or | ||||||
20 | revocation of
driving privileges under Section 11-501.1 of this | ||||||
21 | Code if other physical
evidence or first hand knowledge forms | ||||||
22 | the basis of that suspension or revocation.
| ||||||
23 | (g) This Section applies only to drivers who have been | ||||||
24 | issued a school bus
driver permit in accordance with Section | ||||||
25 | 6-106.1 of this Code at the time of
the issuance of the Uniform | ||||||
26 | Traffic Ticket for a violation of this
Code or a similar |
| |||||||
| |||||||
1 | provision of a local ordinance, and a chemical test
request is | ||||||
2 | made under this Section.
| ||||||
3 | (h) The action of the Secretary of State in suspending, | ||||||
4 | revoking, canceling,
or denying any license, permit, | ||||||
5 | registration, or certificate of title shall be
subject to | ||||||
6 | judicial review in the Circuit Court of Sangamon County or in | ||||||
7 | the
Circuit Court of Cook County, and the provisions of the | ||||||
8 | Administrative Review
Law and its rules are hereby adopted and | ||||||
9 | shall apply to and govern every
action for the judicial review | ||||||
10 | of final acts or decisions of the Secretary of
State under this | ||||||
11 | Section.
| ||||||
12 | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11.)
| ||||||
13 | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | ||||||
14 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
15 | drug,
or intoxicating compound related suspension or | ||||||
16 | revocation. | ||||||
17 | (a) Unless the statutory summary suspension has been | ||||||
18 | rescinded, any
person whose privilege to drive a motor vehicle | ||||||
19 | on the public highways has
been summarily suspended, pursuant | ||||||
20 | to Section 11-501.1, shall not be
eligible for restoration of | ||||||
21 | the privilege until the expiration of: | ||||||
22 | 1. twelve months from the effective date of the | ||||||
23 | statutory summary suspension
for a refusal or failure to | ||||||
24 | complete a test or tests to determine the alcohol, other | ||||||
25 | drug, or intoxicating compound concentration under
Section |
| |||||||
| |||||||
1 | 11-501.1, if the person was not involved in a motor vehicle | ||||||
2 | accident that caused personal injury or death to another; | ||||||
3 | or | ||||||
4 | 2. six months from the effective date of the statutory | ||||||
5 | summary
suspension imposed following the person's | ||||||
6 | submission to a chemical test
which disclosed an alcohol | ||||||
7 | concentration of 0.08 or more, or any
amount
of a
drug, | ||||||
8 | substance, or intoxicating compound in such person's
| ||||||
9 | breath, blood, saliva, or
urine resulting
from the unlawful | ||||||
10 | use or consumption of cannabis listed in the Cannabis
| ||||||
11 | Control Act, a controlled substance listed in the Illinois
| ||||||
12 | Controlled
Substances Act, an intoxicating compound listed | ||||||
13 | in the Use of Intoxicating
Compounds Act, or | ||||||
14 | methamphetamine as listed in the Methamphetamine Control | ||||||
15 | and Community Protection Act, pursuant to Section | ||||||
16 | 11-501.1; or | ||||||
17 | 3. three years from the effective date of the statutory | ||||||
18 | summary suspension
for any person other than a first | ||||||
19 | offender who refuses or fails to
complete a test or tests | ||||||
20 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
21 | concentration
pursuant to Section 11-501.1; or | ||||||
22 | 4. one year from the effective date of the summary | ||||||
23 | suspension imposed
for any person other than a first | ||||||
24 | offender following submission to a
chemical test which | ||||||
25 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
26 | to Section 11-501.1 or any amount of a drug, substance or
|
| |||||||
| |||||||
1 | compound in such person's blood , saliva, or urine resulting | ||||||
2 | from the unlawful use or
consumption of cannabis listed in | ||||||
3 | the Cannabis Control Act, a
controlled
substance listed in | ||||||
4 | the Illinois Controlled Substances Act, an
intoxicating
| ||||||
5 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
6 | or methamphetamine as listed in the Methamphetamine | ||||||
7 | Control and Community Protection Act; or | ||||||
8 | 5. (Blank). | ||||||
9 | (b) Following a statutory summary suspension of the | ||||||
10 | privilege to drive a
motor vehicle under Section 11-501.1, | ||||||
11 | driving privileges shall be
restored unless the person is | ||||||
12 | otherwise suspended, revoked, or cancelled by this Code. If
the | ||||||
13 | court has reason to believe that the person's
driving privilege | ||||||
14 | should not be restored, the court shall notify
the Secretary of | ||||||
15 | State prior to the expiration of the statutory summary
| ||||||
16 | suspension so appropriate action may be taken pursuant to this | ||||||
17 | Code. | ||||||
18 | (c) Driving privileges may not be restored until all | ||||||
19 | applicable
reinstatement fees, as provided by this Code, have | ||||||
20 | been paid to the Secretary
of State and the appropriate entry | ||||||
21 | made to the driver's record. | ||||||
22 | (d) Where a driving privilege has been summarily suspended | ||||||
23 | or revoked under Section
11-501.1 and the person is | ||||||
24 | subsequently convicted of violating Section
11-501, or a | ||||||
25 | similar provision of a local ordinance, for the same incident,
| ||||||
26 | any period served on statutory summary suspension or revocation |
| |||||||
| |||||||
1 | shall be credited toward
the minimum period of revocation of | ||||||
2 | driving privileges imposed pursuant to
Section 6-205. | ||||||
3 | (e) A first offender who refused chemical testing and whose | ||||||
4 | driving privileges were summarily revoked pursuant to Section | ||||||
5 | 11-501.1 shall not be eligible for a monitoring device driving | ||||||
6 | permit, but may make application for reinstatement or for a | ||||||
7 | restricted driving permit after a period of one year has | ||||||
8 | elapsed from the effective date of the revocation. | ||||||
9 | (f) (Blank). | ||||||
10 | (g) Following a statutory summary suspension of driving | ||||||
11 | privileges
pursuant to Section 11-501.1 where the person was | ||||||
12 | not a first offender, as
defined in Section 11-500, the | ||||||
13 | Secretary of State may not issue a
restricted driving permit. | ||||||
14 | (h) (Blank). | ||||||
15 | (Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14; | ||||||
16 | 98-1015, eff. 8-22-14; 98-1172, eff. 1-12-15.)
| ||||||
17 | (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
| ||||||
18 | Sec. 11-401. Motor vehicle accidents involving death or | ||||||
19 | personal injuries.
| ||||||
20 | (a) The driver of any vehicle involved in a motor vehicle | ||||||
21 | accident
resulting in personal injury to or death of any person | ||||||
22 | shall immediately stop
such vehicle at the scene of such | ||||||
23 | accident, or as close thereto as possible
and shall then | ||||||
24 | forthwith return to, and in every event shall remain at the
| ||||||
25 | scene of the accident until the requirements of Section 11-403 |
| |||||||
| |||||||
1 | have been
fulfilled. Every such stop shall be made without | ||||||
2 | obstructing traffic more
than is necessary.
| ||||||
3 | (b) Any person who has failed to stop or to comply with the
| ||||||
4 | requirements of paragraph (a) shall, as soon as possible but in | ||||||
5 | no case
later than one-half hour after such motor
vehicle | ||||||
6 | accident, or, if hospitalized and incapacitated from reporting | ||||||
7 | at any
time during such period, as soon as possible but in no | ||||||
8 | case later than one-half
hour
after
being discharged from the
| ||||||
9 | hospital, report the place of the accident, the date, the | ||||||
10 | approximate time,
the
driver's name and address, the | ||||||
11 | registration number of the vehicle
driven, and the names of all | ||||||
12 | other occupants of
such vehicle, at a police station or | ||||||
13 | sheriff's office near the place where
such accident occurred. | ||||||
14 | No report made as required under this paragraph shall be used,
| ||||||
15 | directly or indirectly, as a basis for the prosecution of any
| ||||||
16 | violation of paragraph (a).
| ||||||
17 | (b-1) Any person arrested for violating this Section is | ||||||
18 | subject to chemical testing of his or her blood, breath, | ||||||
19 | saliva, or urine for the presence of alcohol, other drug or | ||||||
20 | drugs, intoxicating compound or compounds, or any combination | ||||||
21 | thereof, as provided in Section 11-501.1, if the testing occurs | ||||||
22 | within 12 hours of the time of the occurrence of the accident | ||||||
23 | that led to his or her arrest. The person's driving privileges | ||||||
24 | are subject to statutory summary suspension under Section | ||||||
25 | 11-501.1 if he or she fails testing or statutory summary | ||||||
26 | revocation under Section 11-501.1 if he or she refuses to |
| |||||||
| |||||||
1 | undergo the testing.
| ||||||
2 | For purposes of this Section, personal injury shall mean | ||||||
3 | any injury
requiring immediate professional treatment in a | ||||||
4 | medical facility or
doctor's office.
| ||||||
5 | (c) Any person failing to comply with paragraph (a) shall | ||||||
6 | be guilty of a Class 4 felony.
| ||||||
7 | (d) Any person failing to comply with paragraph (b) is
| ||||||
8 | guilty
of
a Class 2 felony if the
motor vehicle accident does | ||||||
9 | not result in the death of any person.
Any person failing to | ||||||
10 | comply with paragraph (b)
when the accident results in the | ||||||
11 | death of
any person is guilty of a Class 1
felony.
| ||||||
12 | (e) The Secretary of State shall revoke the driving | ||||||
13 | privilege of any person
convicted of a violation of this | ||||||
14 | Section.
| ||||||
15 | (Source: P.A. 95-347, eff. 1-1-08; 96-1344, eff. 7-1-11 .)
| ||||||
16 | (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
| ||||||
17 | Sec. 11-500. Definitions. For the purposes of interpreting | ||||||
18 | Sections
6-206.1 and 6-208.1 of this Code, "first offender" | ||||||
19 | shall mean any person
who has not had a previous conviction or | ||||||
20 | court assigned supervision for
violating Section 11-501, or a | ||||||
21 | similar provision of a local ordinance,
or a conviction in any | ||||||
22 | other state for a violation of driving while under
the | ||||||
23 | influence or a similar offense where the cause of action is the | ||||||
24 | same
or substantially similar to this Code or similar offenses | ||||||
25 | committed on a military installation, or any person who has not |
| |||||||
| |||||||
1 | had a driver's license suspension pursuant to paragraph 6 of | ||||||
2 | subsection (a) of Section 6-206 as the result of refusal of | ||||||
3 | chemical testing in another state, or any
person who has not | ||||||
4 | had a driver's license
suspension or revocation for violating | ||||||
5 | Section 11-501.1 within 5 years prior to the date of
the
| ||||||
6 | current offense, except in cases where the driver submitted to
| ||||||
7 | chemical testing resulting in an alcohol concentration of 0.08 | ||||||
8 | or
more,
or any amount of a drug, substance, or compound in | ||||||
9 | such person's blood , saliva, or
urine resulting from the | ||||||
10 | unlawful use or consumption of cannabis listed in
the Cannabis | ||||||
11 | Control Act, a controlled substance listed in the
Illinois
| ||||||
12 | Controlled Substances Act, or an intoxicating compound listed | ||||||
13 | in the Use
of
Intoxicating Compounds Act, or methamphetamine as | ||||||
14 | listed in the Methamphetamine Control and Community Protection | ||||||
15 | Act and
was subsequently found not guilty of violating Section | ||||||
16 | 11-501, or a similar
provision of a local ordinance. | ||||||
17 | (Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09; | ||||||
18 | 96-1344, eff. 7-1-11 .)
| ||||||
19 | (625 ILCS 5/11-500.1)
| ||||||
20 | Sec. 11-500.1. Immunity.
| ||||||
21 | (a) A person authorized under this Article to withdraw | ||||||
22 | blood or collect
saliva or urine shall not be civilly liable | ||||||
23 | for damages when the person, in good faith,
withdraws blood or | ||||||
24 | collects saliva or urine for evidentiary purposes under this | ||||||
25 | Code,
upon the request of a law enforcement officer, unless the |
| |||||||
| |||||||
1 | act is performed in a
willful and wanton manner.
| ||||||
2 | (b) As used in this Section, "willful and wanton manner" | ||||||
3 | means a course of
action that shows an actual or deliberate | ||||||
4 | intention to cause harm or which, if
not intentional, shows an | ||||||
5 | utter indifference to or conscious disregard for the
health or | ||||||
6 | safety of another.
| ||||||
7 | (Source: P.A. 89-689, eff. 12-31-96.)
| ||||||
8 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
9 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
10 | other drug or drugs, intoxicating compound or compounds or any | ||||||
11 | combination thereof.
| ||||||
12 | (a) A person shall not drive or be in actual physical | ||||||
13 | control of any vehicle within this State while: | ||||||
14 | (1) the alcohol concentration in the person's blood , | ||||||
15 | saliva, or breath is 0.08 or more based on the definition | ||||||
16 | of blood and breath units in Section 11-501.2; | ||||||
17 | (2) under the influence of alcohol; | ||||||
18 | (3) under the influence of any intoxicating compound or | ||||||
19 | combination of intoxicating compounds to a degree that | ||||||
20 | renders the person incapable of driving safely; | ||||||
21 | (4) under the influence of any other drug or | ||||||
22 | combination of drugs to a degree that renders the person | ||||||
23 | incapable of safely driving; | ||||||
24 | (5) under the combined influence of alcohol, other drug | ||||||
25 | or drugs, or intoxicating compound or compounds to a degree |
| |||||||
| |||||||
1 | that renders the person incapable of safely driving; or | ||||||
2 | (6) there is any amount of a drug, substance, or | ||||||
3 | compound in the person's breath, blood, saliva, or urine | ||||||
4 | resulting from the unlawful use or consumption of cannabis | ||||||
5 | listed in the Cannabis Control Act, a controlled substance | ||||||
6 | listed in the Illinois Controlled Substances Act, an | ||||||
7 | intoxicating compound listed in the Use of Intoxicating | ||||||
8 | Compounds Act, or methamphetamine as listed in the | ||||||
9 | Methamphetamine Control and Community Protection Act.
| ||||||
10 | Subject to all other requirements and provisions under this | ||||||
11 | Section, this paragraph (6) does not apply to the lawful | ||||||
12 | consumption of cannabis by a qualifying patient licensed | ||||||
13 | under the Compassionate Use of Medical Cannabis Pilot | ||||||
14 | Program Act who is in possession of a valid registry card | ||||||
15 | issued under that Act, unless that person is impaired by | ||||||
16 | the use of cannabis. | ||||||
17 | (b) The fact that any person charged with violating this | ||||||
18 | Section is or has been legally entitled to use alcohol, | ||||||
19 | cannabis under the Compassionate Use of Medical Cannabis Pilot | ||||||
20 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
21 | compounds, or any combination thereof, shall not constitute a | ||||||
22 | defense against any charge of violating this Section. | ||||||
23 | (c) Penalties. | ||||||
24 | (1) Except as otherwise provided in this Section, any | ||||||
25 | person convicted of violating subsection (a) of this | ||||||
26 | Section is guilty of a Class A misdemeanor. |
| |||||||
| |||||||
1 | (2) A person who violates subsection (a) or a similar | ||||||
2 | provision a second time shall be sentenced to a mandatory | ||||||
3 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
4 | of community service in addition to any other criminal or | ||||||
5 | administrative sanction. | ||||||
6 | (3) A person who violates subsection (a) is subject to | ||||||
7 | 6 months of imprisonment, an additional mandatory minimum | ||||||
8 | fine of $1,000, and 25 days of community service in a | ||||||
9 | program benefiting children if the person was transporting | ||||||
10 | a person under the age of 16 at the time of the violation. | ||||||
11 | (4) A person who violates subsection (a) a first time, | ||||||
12 | if the alcohol concentration in his or her blood, breath, | ||||||
13 | saliva, or urine was 0.16 or more based on the definition | ||||||
14 | of blood, breath, saliva, or urine units in Section | ||||||
15 | 11-501.2, shall be subject, in addition to any other | ||||||
16 | penalty that may be imposed, to a mandatory minimum of 100 | ||||||
17 | hours of community service and a mandatory minimum fine of | ||||||
18 | $500. | ||||||
19 | (5) A person who violates subsection (a) a second time, | ||||||
20 | if at the time of the second violation the alcohol | ||||||
21 | concentration in his or her blood, breath, saliva, or urine | ||||||
22 | was 0.16 or more based on the definition of blood, breath, | ||||||
23 | saliva, or urine units in Section 11-501.2, shall be | ||||||
24 | subject, in addition to any other penalty that may be | ||||||
25 | imposed, to a mandatory minimum of 2 days of imprisonment | ||||||
26 | and a mandatory minimum fine of $1,250. |
| |||||||
| |||||||
1 | (d) Aggravated driving under the influence of alcohol, | ||||||
2 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
3 | any combination thereof.
| ||||||
4 | (1) Every person convicted of committing a violation of | ||||||
5 | this Section shall be guilty of aggravated driving under | ||||||
6 | the influence of alcohol, other drug or drugs, or | ||||||
7 | intoxicating compound or compounds, or any combination | ||||||
8 | thereof if: | ||||||
9 | (A) the person committed a violation of subsection | ||||||
10 | (a) or a similar provision for the third or subsequent | ||||||
11 | time; | ||||||
12 | (B) the person committed a violation of subsection | ||||||
13 | (a) while driving a school bus with one or more | ||||||
14 | passengers on board; | ||||||
15 | (C) the person in committing a violation of | ||||||
16 | subsection (a) was involved in a motor vehicle accident | ||||||
17 | that resulted in great bodily harm or permanent | ||||||
18 | disability or disfigurement to another, when the | ||||||
19 | violation was a proximate cause of the injuries; | ||||||
20 | (D) the person committed a violation of subsection | ||||||
21 | (a) and has been previously convicted of violating | ||||||
22 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012 or a similar provision of a law | ||||||
24 | of another state relating to reckless homicide in which | ||||||
25 | the person was determined to have been under the | ||||||
26 | influence of alcohol, other drug or drugs, or |
| |||||||
| |||||||
1 | intoxicating compound or compounds as an element of the | ||||||
2 | offense or the person has previously been convicted | ||||||
3 | under subparagraph (C) or subparagraph (F) of this | ||||||
4 | paragraph (1); | ||||||
5 | (E) the person, in committing a violation of | ||||||
6 | subsection (a) while driving at any speed in a school | ||||||
7 | speed zone at a time when a speed limit of 20 miles per | ||||||
8 | hour was in effect under subsection (a) of Section | ||||||
9 | 11-605 of this Code, was involved in a motor vehicle | ||||||
10 | accident that resulted in bodily harm, other than great | ||||||
11 | bodily harm or permanent disability or disfigurement, | ||||||
12 | to another person, when the violation of subsection (a) | ||||||
13 | was a proximate cause of the bodily harm; | ||||||
14 | (F) the person, in committing a violation of | ||||||
15 | subsection (a), was involved in a motor vehicle, | ||||||
16 | snowmobile, all-terrain vehicle, or watercraft | ||||||
17 | accident that resulted in the death of another person, | ||||||
18 | when the violation of subsection (a) was a proximate | ||||||
19 | cause of the death; | ||||||
20 | (G) the person committed a violation of subsection | ||||||
21 | (a) during a period in which the defendant's driving | ||||||
22 | privileges are revoked or suspended, where the | ||||||
23 | revocation or suspension was for a violation of | ||||||
24 | subsection (a) or a similar provision, Section | ||||||
25 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
26 | reckless homicide as defined in Section 9-3 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
2 | (H) the person committed the violation while he or | ||||||
3 | she did not possess a driver's license or permit or a | ||||||
4 | restricted driving permit or a judicial driving permit | ||||||
5 | or a monitoring device driving permit; | ||||||
6 | (I) the person committed the violation while he or | ||||||
7 | she knew or should have known that the vehicle he or | ||||||
8 | she was driving was not covered by a liability | ||||||
9 | insurance policy; | ||||||
10 | (J) the person in committing a violation of | ||||||
11 | subsection (a) was involved in a motor vehicle accident | ||||||
12 | that resulted in bodily harm, but not great bodily | ||||||
13 | harm, to the child under the age of 16 being | ||||||
14 | transported by the person, if the violation was the | ||||||
15 | proximate cause of the injury; | ||||||
16 | (K) the person in committing a second violation of | ||||||
17 | subsection (a) or a similar provision was transporting | ||||||
18 | a person under the age of 16; or | ||||||
19 | (L) the person committed a violation of subsection | ||||||
20 | (a) of this Section while transporting one or more | ||||||
21 | passengers in a vehicle for-hire. | ||||||
22 | (2)(A) Except as provided otherwise, a person | ||||||
23 | convicted of aggravated driving under the influence of | ||||||
24 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
25 | compounds, or any combination thereof is guilty of a Class | ||||||
26 | 4 felony. |
| |||||||
| |||||||
1 | (B) A third violation of this Section or a similar | ||||||
2 | provision is a Class 2 felony. If at the time of the third | ||||||
3 | violation the alcohol concentration in his or her blood, | ||||||
4 | breath, saliva, or urine was 0.16 or more based on the | ||||||
5 | definition of blood, breath, saliva, or urine units in | ||||||
6 | Section 11-501.2, a mandatory minimum of 90 days of | ||||||
7 | imprisonment and a mandatory minimum fine of $2,500 shall | ||||||
8 | be imposed in addition to any other criminal or | ||||||
9 | administrative sanction. If at the time of the third | ||||||
10 | violation, the defendant was transporting a person under | ||||||
11 | the age of 16, a mandatory fine of $25,000 and 25 days of | ||||||
12 | community service in a program benefiting children shall be | ||||||
13 | imposed in addition to any other criminal or administrative | ||||||
14 | sanction. | ||||||
15 | (C) A fourth violation of this Section or a similar | ||||||
16 | provision is a Class 2 felony, for which a sentence of | ||||||
17 | probation or conditional discharge may not be imposed. If | ||||||
18 | at the time of the violation, the alcohol concentration in | ||||||
19 | the defendant's blood, breath, saliva, or urine was 0.16 or | ||||||
20 | more based on the definition of blood, breath, saliva, or | ||||||
21 | urine units in Section 11-501.2, a mandatory minimum fine | ||||||
22 | of $5,000 shall be imposed in addition to any other | ||||||
23 | criminal or administrative sanction. If at the time of the | ||||||
24 | fourth violation, the defendant was transporting a person | ||||||
25 | under the age of 16 a mandatory fine of $25,000 and 25 days | ||||||
26 | of community service in a program benefiting children shall |
| |||||||
| |||||||
1 | be imposed in addition to any other criminal or | ||||||
2 | administrative sanction. | ||||||
3 | (D) A fifth violation of this Section or a similar | ||||||
4 | provision is a Class 1 felony, for which a sentence of | ||||||
5 | probation or conditional discharge may not be imposed. If | ||||||
6 | at the time of the violation, the alcohol concentration in | ||||||
7 | the defendant's blood, breath, saliva, or urine was 0.16 or | ||||||
8 | more based on the definition of blood, breath, saliva, or | ||||||
9 | urine units in Section 11-501.2, a mandatory minimum fine | ||||||
10 | of $5,000 shall be imposed in addition to any other | ||||||
11 | criminal or administrative sanction. If at the time of the | ||||||
12 | fifth violation, the defendant was transporting a person | ||||||
13 | under the age of 16, a mandatory fine of $25,000, and 25 | ||||||
14 | days of community service in a program benefiting children | ||||||
15 | shall be imposed in addition to any other criminal or | ||||||
16 | administrative sanction. | ||||||
17 | (E) A sixth or subsequent violation of this Section or | ||||||
18 | similar provision is a Class X felony. If at the time of | ||||||
19 | the violation, the alcohol concentration in the | ||||||
20 | defendant's blood, breath, saliva, or urine was 0.16 or | ||||||
21 | more based on the definition of blood, breath, saliva, or | ||||||
22 | urine units in Section 11-501.2, a mandatory minimum fine | ||||||
23 | of $5,000 shall be imposed in addition to any other | ||||||
24 | criminal or administrative sanction. If at the time of the | ||||||
25 | violation, the defendant was transporting a person under | ||||||
26 | the age of 16, a mandatory fine of $25,000 and 25 days of |
| |||||||
| |||||||
1 | community service in a program benefiting children shall be | ||||||
2 | imposed in addition to any other criminal or administrative | ||||||
3 | sanction. | ||||||
4 | (F) For a violation of subparagraph (C) of paragraph | ||||||
5 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
6 | a term of imprisonment, shall be sentenced to not less than | ||||||
7 | one year nor more than 12 years. | ||||||
8 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
9 | this subsection (d) is a Class 2 felony, for which the | ||||||
10 | defendant, unless the court determines that extraordinary | ||||||
11 | circumstances exist and require probation, shall be | ||||||
12 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
13 | years and not more than 14 years if the violation resulted | ||||||
14 | in the death of one person; or (ii) a term of imprisonment | ||||||
15 | of not less than 6 years and not more than 28 years if the | ||||||
16 | violation resulted in the deaths of 2 or more persons. | ||||||
17 | (H) For a violation of subparagraph (J) of paragraph | ||||||
18 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
19 | 25 days of community service in a program benefiting | ||||||
20 | children shall be imposed in addition to any other criminal | ||||||
21 | or administrative sanction. | ||||||
22 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
23 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
24 | fine of $2,500, and 25 days of community service in a | ||||||
25 | program benefiting children shall be imposed in addition to | ||||||
26 | any other criminal or administrative sanction. If the child |
| |||||||
| |||||||
1 | being transported suffered bodily harm, but not great | ||||||
2 | bodily harm, in a motor vehicle accident, and the violation | ||||||
3 | was the proximate cause of that injury, a mandatory fine of | ||||||
4 | $5,000 and 25 days of community service in a program | ||||||
5 | benefiting children shall be imposed in addition to any | ||||||
6 | other criminal or administrative sanction. | ||||||
7 | (J) A violation of subparagraph (D) of paragraph (1) of | ||||||
8 | this subsection (d) is a Class 3 felony, for which a | ||||||
9 | sentence of probation or conditional discharge may not be | ||||||
10 | imposed. | ||||||
11 | (3) Any person sentenced under this subsection (d) who | ||||||
12 | receives a term of probation or conditional discharge must | ||||||
13 | serve a minimum term of either 480 hours of community | ||||||
14 | service or 10 days of imprisonment as a condition of the | ||||||
15 | probation or conditional discharge in addition to any other | ||||||
16 | criminal or administrative sanction. | ||||||
17 | (e) Any reference to a prior violation of subsection (a) or | ||||||
18 | a similar provision includes any violation of a provision of a | ||||||
19 | local ordinance or a provision of a law of another state or an | ||||||
20 | offense committed on a military installation that is similar to | ||||||
21 | a violation of subsection (a) of this Section. | ||||||
22 | (f) The imposition of a mandatory term of imprisonment or | ||||||
23 | assignment of community service for a violation of this Section | ||||||
24 | shall not be suspended or reduced by the court. | ||||||
25 | (g) Any penalty imposed for driving with a license that has | ||||||
26 | been revoked for a previous violation of subsection (a) of this |
| |||||||
| |||||||
1 | Section shall be in addition to the penalty imposed for any | ||||||
2 | subsequent violation of subsection (a). | ||||||
3 | (h) For any prosecution under this Section, a certified | ||||||
4 | copy of the driving abstract of the defendant shall be admitted | ||||||
5 | as proof of any prior conviction.
| ||||||
6 | (Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; | ||||||
7 | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14.)
| ||||||
8 | (625 ILCS 5/11-501.1)
| ||||||
9 | Sec. 11-501.1. Suspension of drivers license; statutory | ||||||
10 | summary
alcohol, other drug or drugs, or intoxicating compound | ||||||
11 | or
compounds related suspension or revocation; implied | ||||||
12 | consent. | ||||||
13 | (a) Any person who drives or is in actual physical control | ||||||
14 | of a motor
vehicle upon the public highways of this State shall | ||||||
15 | be deemed to have given
consent, subject to the provisions of | ||||||
16 | Section 11-501.2, to a chemical test or
tests of blood, breath, | ||||||
17 | saliva, or urine for the purpose of determining the content of
| ||||||
18 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
19 | compounds or
any combination thereof in the person's blood if | ||||||
20 | arrested,
as evidenced by the issuance of a Uniform Traffic | ||||||
21 | Ticket, for any offense
as defined in Section 11-501 or a | ||||||
22 | similar provision of a local ordinance, or if arrested for | ||||||
23 | violating Section 11-401.
If a law enforcement officer has | ||||||
24 | probable cause to believe the person was under the influence of | ||||||
25 | alcohol, other drug or drugs, intoxicating compound or |
| |||||||
| |||||||
1 | compounds, or any combination thereof, the law enforcement | ||||||
2 | officer shall request a chemical test or tests which shall be | ||||||
3 | administered at the direction of the arresting
officer. The law | ||||||
4 | enforcement agency employing the officer shall designate which
| ||||||
5 | of the aforesaid tests shall be administered. A saliva or urine | ||||||
6 | test may be administered
even after a blood or breath test or | ||||||
7 | both has
been administered. For purposes of this Section, an | ||||||
8 | Illinois law
enforcement officer of this State who is | ||||||
9 | investigating the person for any
offense defined in Section | ||||||
10 | 11-501 may travel into an adjoining state, where
the person has | ||||||
11 | been transported for medical care, to complete an
investigation | ||||||
12 | and to request that the person submit to the test or tests
set | ||||||
13 | forth in this Section. The requirements of this Section that | ||||||
14 | the
person be arrested are inapplicable, but the officer shall | ||||||
15 | issue the person
a Uniform Traffic Ticket for an offense as | ||||||
16 | defined in Section 11-501 or a
similar provision of a local | ||||||
17 | ordinance prior to requesting that the person
submit to the | ||||||
18 | test or tests. The issuance of the Uniform Traffic Ticket
shall | ||||||
19 | not constitute an arrest, but shall be for the purpose of | ||||||
20 | notifying
the person that he or she is subject to the | ||||||
21 | provisions of this Section and
of the officer's belief of the | ||||||
22 | existence of probable cause to
arrest. Upon returning to this | ||||||
23 | State, the officer shall file the Uniform
Traffic Ticket with | ||||||
24 | the Circuit Clerk of the county where the offense was
| ||||||
25 | committed, and shall seek the issuance of an arrest warrant or | ||||||
26 | a summons
for the person. |
| |||||||
| |||||||
1 | (a-5) (Blank). | ||||||
2 | (b) Any person who is dead, unconscious, or who is | ||||||
3 | otherwise in a condition
rendering the person incapable of | ||||||
4 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
5 | provided by paragraph (a) of this Section and the test or
tests | ||||||
6 | may be administered, subject to the provisions of Section | ||||||
7 | 11-501.2. | ||||||
8 | (c) A person requested to submit to a test as provided | ||||||
9 | above shall
be warned by the law enforcement officer requesting | ||||||
10 | the test that a
refusal to submit to the test will result in | ||||||
11 | the statutory summary
suspension of the person's privilege to | ||||||
12 | operate a motor vehicle, as provided
in Section 6-208.1 of this | ||||||
13 | Code, and will also result in the disqualification of the | ||||||
14 | person's privilege to operate a commercial motor vehicle, as | ||||||
15 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
16 | holder. The person shall also be warned that a refusal to | ||||||
17 | submit to the test, when the person was involved in a motor | ||||||
18 | vehicle accident that caused personal injury or death to | ||||||
19 | another, will result in the statutory summary revocation of the | ||||||
20 | person's privilege to operate a motor vehicle, as provided in | ||||||
21 | Section 6-208.1, and will also result in the disqualification | ||||||
22 | of the person's privilege to operate a commercial motor | ||||||
23 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
24 | person is a CDL holder. The person shall also be warned by the | ||||||
25 | law
enforcement officer that if the person submits to the test | ||||||
26 | or tests
provided in paragraph (a) of this Section and the |
| |||||||
| |||||||
1 | alcohol concentration in
the person's blood , saliva, or breath | ||||||
2 | is 0.08 or greater, or any amount of
a
drug, substance, or | ||||||
3 | compound resulting from the unlawful use or consumption
of | ||||||
4 | cannabis as covered by the Cannabis Control Act, a controlled
| ||||||
5 | substance
listed in the Illinois Controlled Substances Act, an | ||||||
6 | intoxicating compound
listed in the Use of Intoxicating | ||||||
7 | Compounds Act, or methamphetamine as listed in the | ||||||
8 | Methamphetamine Control and Community Protection Act is | ||||||
9 | detected in the person's
blood , saliva, or urine, a statutory | ||||||
10 | summary suspension of the person's privilege to
operate a motor | ||||||
11 | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||||||
12 | Code, and a disqualification of
the person's privilege to | ||||||
13 | operate a commercial motor vehicle, as provided in Section | ||||||
14 | 6-514 of this Code, if the person is a CDL holder, will be | ||||||
15 | imposed. | ||||||
16 | A person who is under the age of 21 at the time the person | ||||||
17 | is requested to
submit to a test as provided above shall, in | ||||||
18 | addition to the warnings provided
for in this Section, be | ||||||
19 | further warned by the law enforcement officer
requesting the | ||||||
20 | test that if the person submits to the test or tests provided | ||||||
21 | in
paragraph (a) of this Section and the alcohol concentration | ||||||
22 | in the person's
blood , saliva, or breath is greater than 0.00 | ||||||
23 | and less than 0.08, a
suspension of the
person's privilege to | ||||||
24 | operate a motor vehicle, as provided under Sections
6-208.2 and | ||||||
25 | 11-501.8 of this Code, will be imposed. The results of this | ||||||
26 | test
shall be admissible in a civil or criminal action or |
| |||||||
| |||||||
1 | proceeding arising from an
arrest for an offense as defined in | ||||||
2 | Section 11-501 of this Code or a similar
provision of a local | ||||||
3 | ordinance or pursuant to Section 11-501.4 in prosecutions
for | ||||||
4 | reckless homicide brought under the Criminal Code of 1961 or | ||||||
5 | the Criminal Code of 2012. These test
results, however, shall | ||||||
6 | be admissible only in actions or proceedings directly
related | ||||||
7 | to the incident upon which the test request was made. | ||||||
8 | (d) If the person refuses testing or submits to a test that | ||||||
9 | discloses
an alcohol concentration of 0.08 or more, or any | ||||||
10 | amount of a drug,
substance, or intoxicating compound in the | ||||||
11 | person's breath, blood,
saliva, or urine resulting from the
| ||||||
12 | unlawful use or consumption of cannabis listed in the Cannabis | ||||||
13 | Control Act, a controlled substance listed in the Illinois | ||||||
14 | Controlled Substances
Act, an intoxicating compound listed in | ||||||
15 | the Use of Intoxicating Compounds
Act, or methamphetamine as | ||||||
16 | listed in the Methamphetamine Control and Community Protection | ||||||
17 | Act, the law enforcement officer shall immediately submit a | ||||||
18 | sworn report to
the
circuit court of venue and the Secretary of | ||||||
19 | State, certifying that the test or
tests was or were requested | ||||||
20 | under paragraph (a) and the person refused to
submit to a test, | ||||||
21 | or tests, or submitted to testing that disclosed an alcohol
| ||||||
22 | concentration of 0.08 or more. | ||||||
23 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
24 | officer
submitted under paragraph (d), the Secretary of State | ||||||
25 | shall enter the
statutory summary suspension or revocation and | ||||||
26 | disqualification for the periods specified in Sections
6-208.1 |
| |||||||
| |||||||
1 | and 6-514, respectively,
and effective as provided in paragraph | ||||||
2 | (g). | ||||||
3 | If the person is a first offender as defined in Section | ||||||
4 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
5 | Section 11-501
of this Code or a similar provision of a local | ||||||
6 | ordinance, then reports
received by the Secretary of State | ||||||
7 | under this Section shall, except during
the actual time the | ||||||
8 | Statutory Summary Suspension is in effect, be
privileged | ||||||
9 | information and for use only by the courts, police officers,
| ||||||
10 | prosecuting authorities or the Secretary of State, unless the | ||||||
11 | person is a CDL holder, is operating a commercial motor vehicle | ||||||
12 | or vehicle required to be placarded for hazardous materials, in | ||||||
13 | which case the suspension shall not be privileged. Reports | ||||||
14 | received by the Secretary of State under this Section shall | ||||||
15 | also be made available to the parent or guardian of a person | ||||||
16 | under the age of 18 years that holds an instruction permit or a | ||||||
17 | graduated driver's license, regardless of whether the | ||||||
18 | statutory summary suspension is in effect. A statutory summary | ||||||
19 | revocation shall not be privileged information. | ||||||
20 | (f) The law enforcement officer submitting the sworn report | ||||||
21 | under paragraph
(d) shall serve immediate notice of the | ||||||
22 | statutory summary suspension or revocation on the
person and | ||||||
23 | the suspension or revocation and disqualification shall be | ||||||
24 | effective as provided in paragraph (g). | ||||||
25 | (1) In
cases where the blood alcohol concentration of | ||||||
26 | 0.08 or greater or
any amount of
a drug, substance, or |
| |||||||
| |||||||
1 | compound resulting from the unlawful use or consumption
of | ||||||
2 | cannabis as covered by the Cannabis Control Act, a | ||||||
3 | controlled
substance
listed in the Illinois Controlled | ||||||
4 | Substances Act,
an intoxicating compound
listed in the Use | ||||||
5 | of Intoxicating Compounds Act, or methamphetamine as | ||||||
6 | listed in the Methamphetamine Control and Community | ||||||
7 | Protection Act is established by a
subsequent
analysis of | ||||||
8 | blood , saliva, or urine collected at the time of arrest, | ||||||
9 | the arresting
officer or arresting agency shall give notice | ||||||
10 | as provided in this Section or by
deposit in the United | ||||||
11 | States mail of the notice in an envelope with postage
| ||||||
12 | prepaid and addressed to the person at his address as shown | ||||||
13 | on the Uniform
Traffic Ticket and the statutory summary | ||||||
14 | suspension and disqualification shall begin as provided in
| ||||||
15 | paragraph (g). The officer shall confiscate any Illinois | ||||||
16 | driver's license or
permit on the person at the time of | ||||||
17 | arrest. If the person has a valid driver's
license or | ||||||
18 | permit, the officer shall issue the person a receipt, in
a | ||||||
19 | form prescribed by the Secretary of State, that will allow | ||||||
20 | that person
to drive during the periods provided for in | ||||||
21 | paragraph (g). The officer
shall immediately forward the | ||||||
22 | driver's license or permit to the circuit
court of venue | ||||||
23 | along with the sworn report provided for in
paragraph (d). | ||||||
24 | (2) (Blank). | ||||||
25 | (g) The statutory summary suspension or revocation and | ||||||
26 | disqualification
referred to in this Section shall
take effect |
| |||||||
| |||||||
1 | on the 46th day following the date the notice of the statutory
| ||||||
2 | summary suspension or revocation was given to the person. | ||||||
3 | (h) The following procedure shall apply
whenever a person | ||||||
4 | is arrested for any offense as defined in Section 11-501
or a | ||||||
5 | similar provision of a local ordinance: | ||||||
6 | Upon receipt of the sworn report from the law enforcement | ||||||
7 | officer,
the Secretary of State shall confirm the statutory | ||||||
8 | summary suspension or revocation by
mailing a notice of the | ||||||
9 | effective date of the suspension or revocation to the person | ||||||
10 | and
the court of venue. The Secretary of State shall also mail | ||||||
11 | notice of the effective date of the disqualification to the | ||||||
12 | person. However, should the sworn report be defective by not
| ||||||
13 | containing sufficient information or be completed in error, the
| ||||||
14 | confirmation of the statutory summary suspension or revocation | ||||||
15 | shall not be mailed to the
person or entered to the record; | ||||||
16 | instead, the sworn report shall
be
forwarded to the court of | ||||||
17 | venue with a copy returned to the issuing agency
identifying | ||||||
18 | any defect. | ||||||
19 | (i) As used in this Section, "personal injury" includes any | ||||||
20 | Type A injury as indicated on the traffic accident report | ||||||
21 | completed by a law enforcement officer that requires immediate | ||||||
22 | professional attention in either a doctor's office or a medical | ||||||
23 | facility. A Type A injury includes severely bleeding wounds, | ||||||
24 | distorted extremities, and injuries that require the injured | ||||||
25 | party to be carried from the scene. | ||||||
26 | (Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; |
| |||||||
| |||||||
1 | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff. | ||||||
2 | 1-12-15.)
| ||||||
3 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||||||
4 | Sec. 11-501.2. Chemical and other tests.
| ||||||
5 | (a) Upon the trial of any civil or criminal action or | ||||||
6 | proceeding arising out
of an arrest for an offense as defined | ||||||
7 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
8 | pursuant to Section 2-118.1, evidence of the
concentration of | ||||||
9 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
10 | compounds, or any combination thereof in a person's blood
or | ||||||
11 | breath at the time alleged, as determined by analysis of the | ||||||
12 | person's blood,
urine, breath , saliva, or other bodily | ||||||
13 | substance, shall be admissible. Where such test
is made the | ||||||
14 | following provisions shall apply:
| ||||||
15 | 1. Chemical analyses of the person's blood, urine, | ||||||
16 | breath , saliva, or other bodily
substance to be considered | ||||||
17 | valid under the provisions of this Section shall
have been | ||||||
18 | performed according to standards promulgated by the | ||||||
19 | Department of State Police
by
a licensed physician, | ||||||
20 | registered nurse, trained phlebotomist, licensed | ||||||
21 | paramedic, or other individual
possessing a valid permit | ||||||
22 | issued by that Department for
this purpose. The Director of | ||||||
23 | State Police is authorized to approve satisfactory
| ||||||
24 | techniques or methods, to ascertain the qualifications and | ||||||
25 | competence of
individuals to conduct such analyses, to |
| |||||||
| |||||||
1 | issue permits which shall be subject
to termination or | ||||||
2 | revocation at the discretion of that Department and to
| ||||||
3 | certify the accuracy of breath testing equipment. The | ||||||
4 | Department
of
State Police shall prescribe regulations as | ||||||
5 | necessary to
implement this
Section.
| ||||||
6 | 2. When a person in this State shall submit to a blood | ||||||
7 | test at the request
of a law enforcement officer under the | ||||||
8 | provisions of Section 11-501.1, only a
physician | ||||||
9 | authorized to practice medicine, a licensed physician | ||||||
10 | assistant, a licensed advanced practice nurse, a | ||||||
11 | registered nurse, trained
phlebotomist, or licensed | ||||||
12 | paramedic, or other
qualified person approved by the | ||||||
13 | Department of State Police may withdraw blood
for the | ||||||
14 | purpose of determining the alcohol, drug, or alcohol and | ||||||
15 | drug content
therein. This limitation shall not apply to | ||||||
16 | the taking of breath , saliva, or urine
specimens.
| ||||||
17 | When a blood test of a person who has been taken to an | ||||||
18 | adjoining state
for medical treatment is requested by an | ||||||
19 | Illinois law enforcement officer,
the blood may be | ||||||
20 | withdrawn only by a physician authorized to practice
| ||||||
21 | medicine in the adjoining state, a licensed physician | ||||||
22 | assistant, a licensed advanced practice nurse, a | ||||||
23 | registered nurse, a trained
phlebotomist acting under the | ||||||
24 | direction of the physician, or licensed
paramedic. The law
| ||||||
25 | enforcement officer requesting the test shall take custody | ||||||
26 | of the blood
sample, and the blood sample shall be analyzed |
| |||||||
| |||||||
1 | by a laboratory certified by the
Department of State Police | ||||||
2 | for that purpose.
| ||||||
3 | 3. The person tested may have a physician, or a | ||||||
4 | qualified technician,
chemist, registered nurse, or other | ||||||
5 | qualified person of their own choosing
administer a | ||||||
6 | chemical test or tests in addition to any administered at | ||||||
7 | the
direction of a law enforcement officer. The failure or | ||||||
8 | inability to obtain
an additional test by a person shall | ||||||
9 | not preclude the admission of evidence
relating to the test | ||||||
10 | or tests taken at the direction of a law enforcement
| ||||||
11 | officer.
| ||||||
12 | 4. Upon the request of the person who shall submit to a | ||||||
13 | chemical test
or tests at the request of a law enforcement | ||||||
14 | officer, full information
concerning the test or tests | ||||||
15 | shall be made available to the person or such
person's | ||||||
16 | attorney.
| ||||||
17 | 5. Alcohol concentration shall mean either grams of | ||||||
18 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
19 | per 210 liters of breath.
| ||||||
20 | (a-5) Law enforcement officials may use standardized field | ||||||
21 | sobriety tests approved by the National Highway Traffic Safety | ||||||
22 | Administration when conducting investigations of a violation | ||||||
23 | of Section 11-501 or similar local ordinance by drivers | ||||||
24 | suspected of driving under the influence of cannabis. The | ||||||
25 | General Assembly finds that standardized field sobriety tests | ||||||
26 | approved by the National Highway Traffic Safety Administration |
| |||||||
| |||||||
1 | are divided attention tasks that are intended to determine if a | ||||||
2 | person is under the influence of cannabis. The purpose of these | ||||||
3 | tests is to determine the effect of the use of cannabis on a | ||||||
4 | person's capacity to think and act with ordinary care and | ||||||
5 | therefore operate a motor vehicle safely. Therefore, the | ||||||
6 | results of these standardized field sobriety tests, | ||||||
7 | appropriately administered, shall be admissible in the trial of | ||||||
8 | any civil or criminal action or proceeding arising out of an | ||||||
9 | arrest for a cannabis-related offense as defined in Section | ||||||
10 | 11-501 or a similar local ordinance or proceedings under | ||||||
11 | Section 2-118.1 or 2-118.2. Where a test is made the following | ||||||
12 | provisions shall apply: | ||||||
13 | 1. The person tested may have a physician, or a | ||||||
14 | qualified technician, chemist, registered nurse, or other | ||||||
15 | qualified person of their own choosing administer a | ||||||
16 | chemical test or tests in addition to the standardized | ||||||
17 | field sobriety test or tests administered at the direction | ||||||
18 | of a law enforcement officer. The failure or inability to | ||||||
19 | obtain an additional test by a person does not preclude the | ||||||
20 | admission of evidence relating to the test or tests taken | ||||||
21 | at the direction of a law enforcement officer. | ||||||
22 | 2. Upon the request of the person who shall submit to a | ||||||
23 | standardized field sobriety test or tests at the request of | ||||||
24 | a law enforcement officer, full information concerning the | ||||||
25 | test or tests shall be made available to the person or the | ||||||
26 | person's attorney. |
| |||||||
| |||||||
1 | 3. At the trial of any civil or criminal action or | ||||||
2 | proceeding arising out of an arrest for an offense as | ||||||
3 | defined in Section 11-501 or a similar local ordinance or | ||||||
4 | proceedings under Section 2-118.1 or 2-118.2 in which the | ||||||
5 | results of these standardized field sobriety tests are | ||||||
6 | admitted, the cardholder may present and the trier of fact | ||||||
7 | may consider evidence that the card holder lacked the | ||||||
8 | physical capacity to perform the standardized field | ||||||
9 | sobriety tests. | ||||||
10 | (b) Upon the trial of any civil or criminal action or | ||||||
11 | proceeding arising
out of acts alleged to have been committed | ||||||
12 | by any person while driving or
in actual physical control of a | ||||||
13 | vehicle while under the influence of alcohol,
the concentration | ||||||
14 | of alcohol in the person's blood or breath at the time
alleged | ||||||
15 | as shown by analysis of the person's blood, urine, breath, | ||||||
16 | saliva, or other
bodily substance shall give rise to the | ||||||
17 | following presumptions:
| ||||||
18 | 1. If there was at that time an alcohol concentration | ||||||
19 | of 0.05 or less,
it shall be presumed that the person was | ||||||
20 | not under the influence of alcohol.
| ||||||
21 | 2. If there was at that time an alcohol concentration | ||||||
22 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
23 | give rise to any
presumption that
the person was or was not | ||||||
24 | under the influence of alcohol, but such fact
may be | ||||||
25 | considered with other competent evidence in determining | ||||||
26 | whether the
person was under the influence of alcohol.
|
| |||||||
| |||||||
1 | 3. If there was at that time an alcohol concentration | ||||||
2 | of 0.08
or more,
it shall be presumed that the person was | ||||||
3 | under the influence of alcohol.
| ||||||
4 | 4. The foregoing provisions of this Section shall not | ||||||
5 | be construed as
limiting the introduction of any other | ||||||
6 | relevant evidence bearing upon the
question whether the | ||||||
7 | person was under the influence of alcohol.
| ||||||
8 | (c) 1. If a person under arrest refuses to submit to a | ||||||
9 | chemical test
under
the provisions of Section 11-501.1, | ||||||
10 | evidence of refusal shall be admissible
in any civil or | ||||||
11 | criminal action or proceeding arising out of acts alleged
to | ||||||
12 | have been committed while the person under the influence of | ||||||
13 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
14 | compounds, or
any combination thereof was driving or in actual | ||||||
15 | physical
control of a motor vehicle.
| ||||||
16 | 2. Notwithstanding any ability to refuse under this Code to | ||||||
17 | submit to
these tests or any ability to revoke the implied | ||||||
18 | consent to these tests, if a
law enforcement officer has | ||||||
19 | probable cause to believe that a motor vehicle
driven by or in | ||||||
20 | actual physical control of a person under the influence of
| ||||||
21 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
22 | compounds,
or any combination thereof
has caused the death or
| ||||||
23 | personal injury to another, the law enforcement officer shall | ||||||
24 | request, and that person shall submit, upon the request of a | ||||||
25 | law
enforcement officer, to a chemical test or tests of his or | ||||||
26 | her blood, breath , saliva, or
urine for the purpose of
|
| |||||||
| |||||||
1 | determining the alcohol content thereof or the presence of any | ||||||
2 | other drug or
combination of both.
| ||||||
3 | This provision does not affect the applicability of or | ||||||
4 | imposition of driver's
license sanctions under Section | ||||||
5 | 11-501.1 of this Code.
| ||||||
6 | 3. For purposes of this Section, a personal injury includes | ||||||
7 | any Type A
injury as indicated on the traffic accident report | ||||||
8 | completed by a law
enforcement officer that requires immediate | ||||||
9 | professional attention in either a
doctor's office or a medical | ||||||
10 | facility. A Type A injury includes severe
bleeding wounds, | ||||||
11 | distorted extremities, and injuries that require the injured
| ||||||
12 | party to be carried from the scene.
| ||||||
13 | (d) If a person refuses standardized field sobriety tests | ||||||
14 | under Section 11-501.9 of this Code, evidence of refusal shall | ||||||
15 | be admissible in any civil or criminal action or proceeding | ||||||
16 | arising out of acts committed while the person was driving or | ||||||
17 | in actual physical control of a vehicle and alleged to have | ||||||
18 | been impaired by the use of cannabis. | ||||||
19 | (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; | ||||||
20 | 97-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff. | ||||||
21 | 8-15-14; 98-1172, eff. 1-12-15.)
| ||||||
22 | (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
| ||||||
23 | Sec. 11-501.4.
Admissibility of chemical tests of blood , | ||||||
24 | saliva, or urine conducted in
the regular course of providing | ||||||
25 | emergency medical treatment.
|
| |||||||
| |||||||
1 | (a) Notwithstanding any other provision of law, the results | ||||||
2 | of
blood , saliva, or urine tests performed for the purpose of | ||||||
3 | determining the content of alcohol,
other drug or drugs, or | ||||||
4 | intoxicating compound or compounds, or any
combination | ||||||
5 | thereof, of an individual's blood , saliva, or urine conducted | ||||||
6 | upon persons
receiving
medical treatment in a hospital | ||||||
7 | emergency room are admissible in evidence as a
business record | ||||||
8 | exception to the hearsay rule only in prosecutions for any
| ||||||
9 | violation of Section 11-501 of this Code or a similar provision | ||||||
10 | of a local
ordinance, or in prosecutions for reckless homicide | ||||||
11 | brought under the Criminal
Code of 1961 or the Criminal Code of | ||||||
12 | 2012, when each of the following criteria are met:
| ||||||
13 | (1) the chemical tests performed upon an individual's | ||||||
14 | blood , saliva, or urine were ordered
in the
regular course | ||||||
15 | of providing emergency medical treatment and not at the
| ||||||
16 | request of law enforcement authorities;
| ||||||
17 | (2) the chemical tests performed upon an individual's | ||||||
18 | blood , saliva, or urine were performed
by the laboratory | ||||||
19 | routinely used by the hospital; and
| ||||||
20 | (3) results of chemical tests performed upon an | ||||||
21 | individual's blood , saliva, or urine are
admissible into | ||||||
22 | evidence regardless of the time that the records were
| ||||||
23 | prepared.
| ||||||
24 | (b) The confidentiality provisions of law pertaining to | ||||||
25 | medical records
and medical treatment shall not be applicable | ||||||
26 | with regard to chemical tests
performed upon an individual's |
| |||||||
| |||||||
1 | blood , saliva, or urine under the provisions of this Section in
| ||||||
2 | prosecutions as specified in subsection (a) of this Section. No | ||||||
3 | person shall
be liable for civil damages as a result of the | ||||||
4 | evidentiary use of chemical
testing of an individual's blood , | ||||||
5 | saliva, or urine test results under this Section, or as a
| ||||||
6 | result of that person's testimony made available under this | ||||||
7 | Section.
| ||||||
8 | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| ||||||
9 | (625 ILCS 5/11-501.4-1)
| ||||||
10 | Sec. 11-501.4-1.
Reporting of test results of blood , | ||||||
11 | saliva, or urine conducted in
the regular course of providing | ||||||
12 | emergency medical treatment.
| ||||||
13 | (a) Notwithstanding any other provision of law, the results | ||||||
14 | of blood , saliva, or
urine
tests performed for the purpose of | ||||||
15 | determining the content of alcohol, other
drug or drugs, or | ||||||
16 | intoxicating compound or compounds, or any combination
| ||||||
17 | thereof, in an individual's blood , saliva, or urine conducted | ||||||
18 | upon persons
receiving medical treatment in a hospital | ||||||
19 | emergency room for injuries resulting
from a motor vehicle | ||||||
20 | accident shall be disclosed
to the Department
of State Police
| ||||||
21 | or local law enforcement agencies of jurisdiction, upon | ||||||
22 | request.
Such blood , saliva, or urine tests are admissible in | ||||||
23 | evidence as a business record
exception to the hearsay rule | ||||||
24 | only in prosecutions for any violation of Section
11-501 of | ||||||
25 | this Code or a similar provision of a local ordinance, or in
|
| |||||||
| |||||||
1 | prosecutions for reckless homicide brought under the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012.
| ||||||
3 | (b) The confidentiality provisions of law pertaining to | ||||||
4 | medical records and
medical treatment shall not be applicable | ||||||
5 | with regard to tests performed upon
an
individual's blood , | ||||||
6 | saliva, or urine under the provisions of subsection (a) of this
| ||||||
7 | Section. No person shall be liable for civil damages or | ||||||
8 | professional discipline
as a result of the disclosure or | ||||||
9 | reporting of the tests or the evidentiary
use of an
| ||||||
10 | individual's blood , saliva, or urine test results under this | ||||||
11 | Section or Section 11-501.4
or as a result of that person's | ||||||
12 | testimony made available under this Section or
Section | ||||||
13 | 11-501.4, except for willful or wanton misconduct.
| ||||||
14 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
15 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| ||||||
16 | Sec. 11-501.6. Driver involvement in personal injury or | ||||||
17 | fatal motor
vehicle accident; chemical test. | ||||||
18 | (a) Any person who drives or is in actual control of a | ||||||
19 | motor vehicle
upon the public highways of this State and who | ||||||
20 | has been involved in a
personal injury or fatal motor vehicle | ||||||
21 | accident, shall be deemed to have
given consent to a breath | ||||||
22 | test using a portable device as approved by the
Department of | ||||||
23 | State Police or to a chemical test or tests
of blood, breath, | ||||||
24 | saliva, or
urine for the purpose of determining the content of | ||||||
25 | alcohol,
other
drug or drugs, or intoxicating compound or |
| |||||||
| |||||||
1 | compounds of such
person's blood if arrested as evidenced by | ||||||
2 | the issuance of a Uniform Traffic
Ticket for any violation of | ||||||
3 | the Illinois Vehicle Code or a similar provision of
a local | ||||||
4 | ordinance, with the exception of equipment violations | ||||||
5 | contained in
Chapter 12 of this Code, or similar provisions of | ||||||
6 | local ordinances. The test
or tests shall be administered at | ||||||
7 | the direction of the arresting officer. The
law enforcement | ||||||
8 | agency employing the officer shall designate which of the
| ||||||
9 | aforesaid tests shall be administered. A saliva or urine test | ||||||
10 | may be administered even
after a blood or breath test or both | ||||||
11 | has been administered. Compliance with
this Section does not | ||||||
12 | relieve such person from the requirements of Section
11-501.1 | ||||||
13 | of this Code. | ||||||
14 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
15 | in a
condition rendering such person incapable of refusal shall | ||||||
16 | be deemed not to
have withdrawn the consent provided by | ||||||
17 | subsection (a) of this Section. In
addition, if a driver of a | ||||||
18 | vehicle is receiving medical treatment as a
result of a motor | ||||||
19 | vehicle accident, any physician licensed to practice
medicine, | ||||||
20 | licensed physician assistant, licensed advanced practice | ||||||
21 | nurse, registered nurse or a phlebotomist acting under the | ||||||
22 | direction of
a licensed physician shall withdraw blood for | ||||||
23 | testing purposes to ascertain
the presence of alcohol, other | ||||||
24 | drug or drugs, or intoxicating
compound or compounds, upon the | ||||||
25 | specific request of a law
enforcement officer. However, no such | ||||||
26 | testing shall be performed until, in
the opinion of the medical |
| |||||||
| |||||||
1 | personnel on scene, the withdrawal can be made
without | ||||||
2 | interfering with or endangering the well-being of the patient. | ||||||
3 | (c) A person requested to submit to a test as provided | ||||||
4 | above shall be
warned by the law enforcement officer requesting | ||||||
5 | the test that a refusal to
submit to the test, or submission to | ||||||
6 | the test resulting in an alcohol
concentration of 0.08 or more, | ||||||
7 | or any amount of a drug, substance,
or intoxicating compound
| ||||||
8 | resulting from the unlawful use or consumption of cannabis, as | ||||||
9 | covered by the
Cannabis Control Act, a controlled substance | ||||||
10 | listed in the Illinois
Controlled Substances Act, an | ||||||
11 | intoxicating compound listed in the Use of
Intoxicating | ||||||
12 | Compounds Act, or methamphetamine as listed in the | ||||||
13 | Methamphetamine Control and Community Protection Act as | ||||||
14 | detected in such person's blood , saliva, or urine, may
result | ||||||
15 | in the suspension of such person's privilege to operate a motor | ||||||
16 | vehicle and may result in the disqualification of the person's | ||||||
17 | privilege to operate a commercial motor vehicle, as provided in | ||||||
18 | Section 6-514 of this Code, if the person is a CDL holder.
The | ||||||
19 | length of the suspension shall be the same as outlined in | ||||||
20 | Section
6-208.1 of this Code regarding statutory summary | ||||||
21 | suspensions. | ||||||
22 | (d) If the person refuses testing or submits to a test | ||||||
23 | which discloses
an alcohol concentration of 0.08 or more, or | ||||||
24 | any amount of a drug,
substance,
or intoxicating compound in | ||||||
25 | such person's blood , saliva, or urine resulting from the
| ||||||
26 | unlawful use or
consumption of cannabis listed in the Cannabis |
| |||||||
| |||||||
1 | Control Act, a controlled
substance listed in the Illinois | ||||||
2 | Controlled Substances Act, an
intoxicating
compound listed in | ||||||
3 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
4 | listed in the Methamphetamine Control and Community Protection | ||||||
5 | Act, the law
enforcement officer shall immediately submit a | ||||||
6 | sworn report to the Secretary of
State on a form prescribed by | ||||||
7 | the Secretary, certifying that the test or tests
were requested | ||||||
8 | pursuant to subsection (a) and the person refused to submit to | ||||||
9 | a
test or tests or submitted to testing which disclosed an | ||||||
10 | alcohol concentration
of 0.08 or more, or any amount of a drug, | ||||||
11 | substance, or intoxicating
compound
in such
person's blood , | ||||||
12 | saliva, or urine, resulting from the unlawful use or | ||||||
13 | consumption of
cannabis listed in the Cannabis Control Act, a | ||||||
14 | controlled substance
listed in
the Illinois Controlled | ||||||
15 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
16 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
17 | Methamphetamine Control and Community Protection Act. | ||||||
18 | Upon receipt of the sworn report of a law enforcement | ||||||
19 | officer, the
Secretary shall enter the suspension and | ||||||
20 | disqualification to the individual's driving record and the
| ||||||
21 | suspension and disqualification shall be effective on the 46th | ||||||
22 | day following the date notice of the
suspension was given to | ||||||
23 | the person. | ||||||
24 | The law enforcement officer submitting the sworn report | ||||||
25 | shall serve immediate
notice of this suspension on the person | ||||||
26 | and such suspension and disqualification shall be effective
on |
| |||||||
| |||||||
1 | the 46th day following the date notice was given. | ||||||
2 | In cases where the blood alcohol concentration of 0.08 or | ||||||
3 | more,
or any amount
of a drug, substance, or intoxicating | ||||||
4 | compound resulting from the unlawful
use or
consumption of | ||||||
5 | cannabis as listed in the Cannabis Control Act, a
controlled
| ||||||
6 | substance listed in the Illinois Controlled Substances Act,
an
| ||||||
7 | intoxicating
compound listed in the Use of Intoxicating | ||||||
8 | Compounds Act, or methamphetamine as listed in the | ||||||
9 | Methamphetamine Control and Community Protection Act, is | ||||||
10 | established by a
subsequent analysis of blood , saliva, or urine | ||||||
11 | collected at the time of arrest, the
arresting officer shall | ||||||
12 | give notice as provided in this Section or by deposit
in the | ||||||
13 | United States mail of such notice in an envelope with postage | ||||||
14 | prepaid
and addressed to such person at his address as shown on | ||||||
15 | the Uniform Traffic
Ticket and the suspension and | ||||||
16 | disqualification shall be effective on the 46th day following | ||||||
17 | the date
notice was given. | ||||||
18 | Upon receipt of the sworn report of a law enforcement | ||||||
19 | officer, the Secretary
shall also give notice of the suspension | ||||||
20 | and disqualification to the driver by mailing a notice of
the | ||||||
21 | effective date of the suspension and disqualification to the | ||||||
22 | individual. However, should the
sworn report be defective by | ||||||
23 | not containing sufficient information or be
completed in error, | ||||||
24 | the notice of the suspension and disqualification shall not be | ||||||
25 | mailed to the
person or entered to the driving record, but | ||||||
26 | rather the sworn report shall be
returned to the issuing law |
| |||||||
| |||||||
1 | enforcement agency. | ||||||
2 | (e) A driver may contest this suspension of his or her
| ||||||
3 | driving privileges and disqualification of his or her CDL | ||||||
4 | privileges by
requesting an administrative hearing with the | ||||||
5 | Secretary in accordance with
Section 2-118 of this Code. At the | ||||||
6 | conclusion of a hearing held under
Section 2-118 of this Code, | ||||||
7 | the Secretary may rescind, continue, or modify the
orders
of | ||||||
8 | suspension and disqualification. If the Secretary does not | ||||||
9 | rescind the orders of suspension and disqualification, a | ||||||
10 | restricted
driving permit may be granted by the Secretary upon | ||||||
11 | application being made and
good cause shown. A restricted | ||||||
12 | driving permit may be granted to relieve undue
hardship to | ||||||
13 | allow driving for employment, educational, and medical | ||||||
14 | purposes as
outlined in Section 6-206 of this Code. The | ||||||
15 | provisions of Section 6-206 of
this Code shall apply. In | ||||||
16 | accordance with 49 C.F.R. 384, the Secretary of State may not | ||||||
17 | issue a restricted driving permit for the operation of a | ||||||
18 | commercial motor vehicle to a person holding a CDL whose | ||||||
19 | driving privileges have been suspended, revoked, cancelled, or | ||||||
20 | disqualified.
| ||||||
21 | (f) (Blank). | ||||||
22 | (g) For the purposes of this Section, a personal injury | ||||||
23 | shall include
any type A injury as indicated on the traffic | ||||||
24 | accident report completed
by a law enforcement officer that | ||||||
25 | requires immediate professional attention
in either a doctor's | ||||||
26 | office or a medical facility. A type A injury shall
include |
| |||||||
| |||||||
1 | severely bleeding wounds, distorted extremities, and injuries | ||||||
2 | that
require the injured party to be carried from the scene. | ||||||
3 | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11; | ||||||
4 | 97-835, eff. 7-20-12.)
| ||||||
5 | (625 ILCS 5/11-501.8)
| ||||||
6 | Sec. 11-501.8. Suspension of driver's license; persons | ||||||
7 | under age 21.
| ||||||
8 | (a) A person who is less than 21 years of age and who | ||||||
9 | drives or
is in actual physical control of a motor vehicle upon | ||||||
10 | the
public highways of this State shall be deemed to have given | ||||||
11 | consent to a
chemical test or tests of blood, breath, saliva, | ||||||
12 | or urine for the purpose of
determining the alcohol content of | ||||||
13 | the person's blood if arrested, as evidenced
by the issuance of | ||||||
14 | a Uniform Traffic Ticket for any violation of the Illinois
| ||||||
15 | Vehicle Code or a similar provision of a local ordinance, if a | ||||||
16 | police officer
has probable cause to believe that the driver | ||||||
17 | has consumed any amount of an
alcoholic beverage based upon | ||||||
18 | evidence of the driver's physical condition or
other first hand | ||||||
19 | knowledge of the police officer. The test or tests shall be
| ||||||
20 | administered at the direction of the arresting officer. The law | ||||||
21 | enforcement
agency employing the officer shall designate which | ||||||
22 | of the aforesaid tests shall
be administered. A saliva or urine | ||||||
23 | test may be administered even after a blood or
breath test or | ||||||
24 | both has been administered.
| ||||||
25 | (b) A person who is dead, unconscious, or who is otherwise |
| |||||||
| |||||||
1 | in a condition
rendering that person incapable of refusal, | ||||||
2 | shall be deemed not to have
withdrawn the consent provided by | ||||||
3 | paragraph (a) of this Section and the test or
tests may be | ||||||
4 | administered subject to the following provisions:
| ||||||
5 | (i) Chemical analysis of the person's blood, urine, | ||||||
6 | breath, saliva, or
other bodily substance, to be considered | ||||||
7 | valid under the provisions of this
Section, shall have been | ||||||
8 | performed according to standards promulgated by the | ||||||
9 | Department of State
Police
by an individual possessing a | ||||||
10 | valid permit issued by that Department for this
purpose. | ||||||
11 | The Director of State Police is authorized to approve | ||||||
12 | satisfactory
techniques or methods, to ascertain the | ||||||
13 | qualifications and competence of
individuals to conduct | ||||||
14 | analyses, to issue permits that shall be subject to
| ||||||
15 | termination or revocation at the direction of that | ||||||
16 | Department, and to certify
the accuracy of breath testing | ||||||
17 | equipment. The Department of
State Police shall prescribe | ||||||
18 | regulations as necessary.
| ||||||
19 | (ii) When a person submits to a blood test at the | ||||||
20 | request of a law
enforcement officer under the provisions | ||||||
21 | of this Section, only a physician
authorized to practice | ||||||
22 | medicine, a licensed physician assistant, a licensed | ||||||
23 | advanced practice nurse, a registered nurse, or other | ||||||
24 | qualified person
trained in venipuncture and acting under | ||||||
25 | the direction of a licensed physician
may withdraw blood | ||||||
26 | for the purpose of determining the alcohol content therein.
|
| |||||||
| |||||||
1 | This limitation does not apply to the taking of breath , | ||||||
2 | saliva, or urine specimens.
| ||||||
3 | (iii) The person tested may have a physician, qualified | ||||||
4 | technician,
chemist, registered nurse, or other qualified | ||||||
5 | person of his or her own choosing
administer a chemical | ||||||
6 | test or tests in addition to any test or tests
administered | ||||||
7 | at the direction of a law enforcement officer. The failure | ||||||
8 | or
inability to obtain an additional test by a person shall | ||||||
9 | not preclude the
consideration of the previously performed | ||||||
10 | chemical test.
| ||||||
11 | (iv) Upon a request of the person who submits to a | ||||||
12 | chemical test or
tests at the request of a law enforcement | ||||||
13 | officer, full information concerning
the test or tests | ||||||
14 | shall be made available to the person or that person's
| ||||||
15 | attorney.
| ||||||
16 | (v) Alcohol concentration means either grams of | ||||||
17 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
18 | per 210 liters of breath.
| ||||||
19 | (vi) If a driver is receiving medical treatment as a | ||||||
20 | result of a motor
vehicle accident, a physician licensed to | ||||||
21 | practice medicine, licensed physician assistant, licensed | ||||||
22 | advanced practice nurse, registered nurse,
or other | ||||||
23 | qualified person trained in venipuncture and
acting under | ||||||
24 | the direction of a licensed physician shall
withdraw blood | ||||||
25 | for testing purposes to ascertain the presence of alcohol | ||||||
26 | upon
the specific request of a law enforcement officer. |
| |||||||
| |||||||
1 | However, that testing
shall not be performed until, in the | ||||||
2 | opinion of the medical personnel on scene,
the withdrawal | ||||||
3 | can be made without interfering with or endangering the
| ||||||
4 | well-being of the patient.
| ||||||
5 | (c) A person requested to submit to a test as provided | ||||||
6 | above shall be warned
by the law enforcement officer requesting | ||||||
7 | the test that a refusal to submit to
the test, or submission to | ||||||
8 | the test resulting in an alcohol concentration of
more than | ||||||
9 | 0.00, may result in the loss of that person's privilege to | ||||||
10 | operate a
motor vehicle and may result in the disqualification | ||||||
11 | of the person's privilege to operate a commercial motor | ||||||
12 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
13 | person is a CDL holder. The loss of driving privileges shall be | ||||||
14 | imposed in accordance
with Section 6-208.2 of this Code.
| ||||||
15 | (d) If the person refuses testing or submits to a test that | ||||||
16 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
17 | enforcement officer shall
immediately submit a sworn report to | ||||||
18 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
19 | State, certifying that the test or tests were
requested under | ||||||
20 | subsection (a) and the person refused to submit to a test
or | ||||||
21 | tests or submitted to testing which disclosed an alcohol | ||||||
22 | concentration of
more than 0.00. The law enforcement officer | ||||||
23 | shall submit the same sworn report
when a person under the age | ||||||
24 | of 21 submits to testing under Section
11-501.1 of this Code | ||||||
25 | and the testing discloses an alcohol concentration of
more than | ||||||
26 | 0.00 and less than 0.08.
|
| |||||||
| |||||||
1 | Upon receipt of the sworn report of a law enforcement | ||||||
2 | officer, the Secretary
of State shall enter the suspension and | ||||||
3 | disqualification on the individual's driving
record and the | ||||||
4 | suspension and disqualification shall be effective on the 46th | ||||||
5 | day following the date
notice of the suspension was given to | ||||||
6 | the person. If this suspension is the
individual's first | ||||||
7 | driver's license suspension under this Section, reports
| ||||||
8 | received by the Secretary of State under this Section shall, | ||||||
9 | except during the
time the suspension is in effect, be | ||||||
10 | privileged information and for use only by
the courts, police | ||||||
11 | officers, prosecuting authorities, the Secretary of State,
or | ||||||
12 | the individual personally, unless the person is a CDL holder, | ||||||
13 | is operating a commercial motor vehicle or vehicle required to | ||||||
14 | be placarded for hazardous materials, in which case the | ||||||
15 | suspension shall not be privileged.
Reports received by the | ||||||
16 | Secretary of State under this Section shall also be made | ||||||
17 | available to the parent or guardian of a person under the age | ||||||
18 | of 18 years that holds an instruction permit or a graduated | ||||||
19 | driver's license, regardless of whether the suspension is in | ||||||
20 | effect.
| ||||||
21 | The law enforcement officer submitting the sworn report | ||||||
22 | shall serve immediate
notice of this suspension on the person | ||||||
23 | and the suspension and disqualification shall
be effective on | ||||||
24 | the 46th day following the date notice was given.
| ||||||
25 | In cases where the blood alcohol concentration of more than | ||||||
26 | 0.00 is
established by a subsequent analysis of blood , saliva, |
| |||||||
| |||||||
1 | or urine, the police officer or
arresting agency shall give | ||||||
2 | notice as provided in this Section or by deposit
in the United | ||||||
3 | States mail of that notice in an envelope with postage prepaid
| ||||||
4 | and addressed to that person at his last known address and the | ||||||
5 | loss of driving
privileges shall be effective on the 46th day | ||||||
6 | following the date notice was
given.
| ||||||
7 | Upon receipt of the sworn report of a law enforcement | ||||||
8 | officer, the Secretary
of State shall also give notice of the | ||||||
9 | suspension and disqualification to the driver
by mailing a | ||||||
10 | notice of the effective date of the suspension and | ||||||
11 | disqualification to the individual.
However, should the sworn | ||||||
12 | report be defective by not containing sufficient
information or | ||||||
13 | be completed in error, the notice of the suspension and | ||||||
14 | disqualification shall not be mailed to the person or entered | ||||||
15 | to the driving record,
but rather the sworn report shall be | ||||||
16 | returned to the issuing law enforcement
agency.
| ||||||
17 | (e) A driver may contest this suspension and | ||||||
18 | disqualification by requesting an
administrative hearing with | ||||||
19 | the Secretary of State in accordance with Section
2-118 of this | ||||||
20 | Code. An individual whose blood alcohol concentration is shown
| ||||||
21 | to be more than 0.00 is not subject to this Section if he or she | ||||||
22 | consumed
alcohol in the performance of a religious service or | ||||||
23 | ceremony. An individual
whose blood alcohol concentration is | ||||||
24 | shown to be more than 0.00 shall not be
subject to this Section | ||||||
25 | if the individual's blood alcohol concentration
resulted only | ||||||
26 | from ingestion of the prescribed or recommended dosage of
|
| |||||||
| |||||||
1 | medicine that contained alcohol. The petition for that hearing | ||||||
2 | shall not stay
or delay the effective date of the impending | ||||||
3 | suspension. The scope of this
hearing shall be limited to the | ||||||
4 | issues of:
| ||||||
5 | (1) whether the police officer had probable cause to | ||||||
6 | believe that the
person was driving or in actual physical | ||||||
7 | control of a motor vehicle upon the
public highways of the | ||||||
8 | State and the police officer had reason to believe that
the | ||||||
9 | person was in violation of any provision of the Illinois | ||||||
10 | Vehicle Code or a
similar provision of a local ordinance; | ||||||
11 | and
| ||||||
12 | (2) whether the person was issued a Uniform Traffic | ||||||
13 | Ticket for any
violation of the Illinois Vehicle Code or a | ||||||
14 | similar provision of a local
ordinance; and
| ||||||
15 | (3) whether the police officer had probable cause to | ||||||
16 | believe that the
driver
had consumed any amount of an | ||||||
17 | alcoholic beverage based upon the driver's
physical | ||||||
18 | actions or other first-hand knowledge of the police | ||||||
19 | officer; and
| ||||||
20 | (4) whether the person, after being advised by the | ||||||
21 | officer that the
privilege to operate a motor vehicle would | ||||||
22 | be suspended if the person refused
to submit to and | ||||||
23 | complete the test or tests, did refuse to submit to or
| ||||||
24 | complete the test or tests to determine the person's | ||||||
25 | alcohol concentration;
and
| ||||||
26 | (5) whether the person, after being advised by the |
| |||||||
| |||||||
1 | officer that the
privileges to operate a motor vehicle | ||||||
2 | would be suspended if the person submits
to a chemical test | ||||||
3 | or tests and the test or tests disclose an alcohol
| ||||||
4 | concentration of more than 0.00, did submit to and
complete | ||||||
5 | the
test or tests that determined an alcohol concentration | ||||||
6 | of more than 0.00; and
| ||||||
7 | (6) whether the test result of an alcohol concentration | ||||||
8 | of more than 0.00
was based upon the person's consumption | ||||||
9 | of alcohol in the performance of a
religious service or | ||||||
10 | ceremony; and
| ||||||
11 | (7) whether the test result of an alcohol concentration | ||||||
12 | of more than 0.00
was based upon the person's consumption | ||||||
13 | of alcohol through ingestion of the
prescribed or | ||||||
14 | recommended dosage of medicine.
| ||||||
15 | At the conclusion of the hearing held under Section 2-118 | ||||||
16 | of
this Code, the Secretary of State may rescind, continue, or | ||||||
17 | modify the suspension and disqualification. If the Secretary of | ||||||
18 | State does not rescind the suspension and disqualification, a
| ||||||
19 | restricted driving permit may be granted by the Secretary of | ||||||
20 | State upon
application being made and good cause shown. A | ||||||
21 | restricted driving permit may be
granted to relieve undue | ||||||
22 | hardship by allowing driving for employment,
educational, and | ||||||
23 | medical purposes as outlined in item (3) of part (c) of
Section | ||||||
24 | 6-206 of this Code. The provisions of item (3) of part (c) of | ||||||
25 | Section
6-206 of this Code and of subsection (f) of that | ||||||
26 | Section shall apply. The Secretary of State shall promulgate |
| |||||||
| |||||||
1 | rules
providing for participation in an alcohol education and | ||||||
2 | awareness program or
activity, a drug education and awareness | ||||||
3 | program or activity, or both as a
condition to the issuance of | ||||||
4 | a restricted driving permit for suspensions
imposed under this | ||||||
5 | Section.
| ||||||
6 | (f) The results of any chemical testing performed in | ||||||
7 | accordance with
subsection (a) of this Section are not | ||||||
8 | admissible in any civil or criminal
proceeding, except that the | ||||||
9 | results of the testing may be considered at a
hearing held | ||||||
10 | under Section 2-118 of this Code. However, the results of
the | ||||||
11 | testing may not be used to impose driver's license sanctions | ||||||
12 | under
Section 11-501.1 of this Code. A law enforcement officer | ||||||
13 | may, however, pursue
a statutory summary suspension or | ||||||
14 | revocation of driving privileges under Section 11-501.1 of
this | ||||||
15 | Code if other physical evidence or first hand knowledge forms | ||||||
16 | the basis
of that suspension or revocation.
| ||||||
17 | (g) This Section applies only to drivers who are under
age | ||||||
18 | 21 at the time of the issuance of a Uniform Traffic Ticket for | ||||||
19 | a
violation of the Illinois Vehicle Code or a similar provision | ||||||
20 | of a local
ordinance, and a chemical test request is made under | ||||||
21 | this Section.
| ||||||
22 | (h) The action of the Secretary of State in suspending, | ||||||
23 | revoking, cancelling, or
disqualifying any license or
permit | ||||||
24 | shall be
subject to judicial review in the Circuit Court of | ||||||
25 | Sangamon County or in the
Circuit Court of Cook County, and the | ||||||
26 | provisions of the Administrative Review
Law and its rules are |
| |||||||
| |||||||
1 | hereby adopted and shall apply to and govern every action
for | ||||||
2 | the judicial review of final acts or decisions of the Secretary | ||||||
3 | of State
under this Section.
| ||||||
4 | (Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; | ||||||
5 | 97-333, eff. 8-12-11; 97-450, eff. 8-19-11.)
| ||||||
6 | (625 ILCS 5/11-507) | ||||||
7 | Sec. 11-507. Supervising a minor driver while under the | ||||||
8 | influence of alcohol, other drug or drugs, intoxicating | ||||||
9 | compound or compounds or any combination thereof. | ||||||
10 | (a) A person shall not accompany or provide instruction, | ||||||
11 | pursuant to subsection (a) of Section 6-107.1 of this Code, to | ||||||
12 | a driver who is a minor and driving a motor vehicle pursuant to | ||||||
13 | an instruction permit under Section 6-107.1 of this Code, | ||||||
14 | while: | ||||||
15 | (1) the alcohol concentration in the person's blood , | ||||||
16 | saliva,
or breath is 0.08 or more based on the definition | ||||||
17 | of blood and breath units in Section 11-501.2 of this Code; | ||||||
18 | (2) under the influence of alcohol; | ||||||
19 | (3) under the influence of any intoxicating compound
or | ||||||
20 | combination of intoxicating compounds to a degree that | ||||||
21 | renders the person incapable of properly supervising or | ||||||
22 | providing instruction to the minor driver; | ||||||
23 | (4) under the influence of any other drug or
| ||||||
24 | combination of drugs to a degree that renders the person | ||||||
25 | incapable of properly supervising or providing instruction |
| |||||||
| |||||||
1 | to the minor driver; | ||||||
2 | (5) under the combined influence of alcohol, other
drug | ||||||
3 | or drugs, or intoxicating compound or compounds to a degree | ||||||
4 | that renders the person incapable of properly supervising | ||||||
5 | or providing instruction to the minor driver; or | ||||||
6 | (6) there is any amount of a drug, substance, or
| ||||||
7 | compound in the person's breath, blood, saliva, or urine | ||||||
8 | resulting from the unlawful use or consumption of cannabis | ||||||
9 | listed in the Cannabis Control Act, a controlled substance | ||||||
10 | listed in the Illinois Controlled Substances Act, an | ||||||
11 | intoxicating compound listed in the Use of Intoxicating | ||||||
12 | Compounds Act, or methamphetamine as listed in the | ||||||
13 | Methamphetamine Control and Community Protection Act. | ||||||
14 | (b) A person found guilty of violating this Section is | ||||||
15 | guilty of an offense against the regulations governing the | ||||||
16 | movement of vehicles.
| ||||||
17 | (Source: P.A. 96-1237, eff. 1-1-11.)
| ||||||
18 | Section 15. The Snowmobile Registration and Safety Act is | ||||||
19 | amended by changing Sections 5-7, 5-7.1, 5-7.2, 5-7.4, and | ||||||
20 | 5-7.6 as follows:
| ||||||
21 | (625 ILCS 40/5-7)
| ||||||
22 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
23 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
24 | compounds, or a combination of
them; criminal penalties; |
| |||||||
| |||||||
1 | suspension of operating privileges. | ||||||
2 | (a) A person may not operate or be in actual physical | ||||||
3 | control of a
snowmobile within this State
while:
| ||||||
4 | 1. The alcohol concentration in that person's blood , | ||||||
5 | saliva, or breath is a
concentration at which driving a | ||||||
6 | motor vehicle is prohibited under
subdivision (1) of | ||||||
7 | subsection (a) of
Section 11-501 of the Illinois Vehicle | ||||||
8 | Code;
| ||||||
9 | 2. The person is under the influence of alcohol;
| ||||||
10 | 3. The person is under the influence of any other drug | ||||||
11 | or combination of
drugs to a degree that renders that | ||||||
12 | person incapable of safely operating a
snowmobile;
| ||||||
13 | 3.1. The person is under the influence of any | ||||||
14 | intoxicating compound or
combination of intoxicating | ||||||
15 | compounds to a degree that renders the person
incapable of | ||||||
16 | safely operating a snowmobile;
| ||||||
17 | 4. The person is under the combined influence of | ||||||
18 | alcohol and any other
drug or drugs or intoxicating | ||||||
19 | compound or compounds to a degree that
renders that person | ||||||
20 | incapable of safely
operating a snowmobile; or
| ||||||
21 | 5. There is any amount of a drug, substance, or | ||||||
22 | compound in that person's
breath, blood, saliva, or urine | ||||||
23 | resulting from the unlawful use or consumption
of cannabis
| ||||||
24 | listed in the Cannabis Control Act, controlled substance | ||||||
25 | listed in the
Illinois Controlled Substances Act, or | ||||||
26 | intoxicating compound listed in the
use
of Intoxicating |
| |||||||
| |||||||
1 | Compounds Act.
| ||||||
2 | (b) The fact that a person charged with violating this | ||||||
3 | Section is or has
been legally entitled to use alcohol, other | ||||||
4 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
5 | combination of them does not constitute a
defense against a | ||||||
6 | charge of violating this Section.
| ||||||
7 | (c) Every person convicted of violating this Section or a | ||||||
8 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
9 | misdemeanor, except as otherwise provided in this Section.
| ||||||
10 | (c-1) As used in this Section, "first time offender" means | ||||||
11 | any person who has not had a previous conviction or been | ||||||
12 | assigned supervision for violating this Section or a similar | ||||||
13 | provision of a local ordinance, or any person who has not had a | ||||||
14 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
15 | (c-2) For purposes of this Section, the following are | ||||||
16 | equivalent to a conviction: | ||||||
17 | (1) a forfeiture of bail or collateral deposited to | ||||||
18 | secure a defendant's appearance in court when forfeiture | ||||||
19 | has not been vacated; or | ||||||
20 | (2) the failure of a defendant to appear for trial.
| ||||||
21 | (d) Every person convicted of violating this Section is | ||||||
22 | guilty of a
Class 4 felony if:
| ||||||
23 | 1. The person has a previous conviction under this | ||||||
24 | Section;
| ||||||
25 | 2. The offense results in personal injury where a | ||||||
26 | person other than the
operator suffers great bodily harm or |
| |||||||
| |||||||
1 | permanent disability or disfigurement,
when the violation | ||||||
2 | was a proximate cause of the injuries.
A person guilty of a | ||||||
3 | Class 4 felony under this paragraph 2, if sentenced to a
| ||||||
4 | term of imprisonment, shall be sentenced to not less than | ||||||
5 | one year nor more
than
12 years; or
| ||||||
6 | 3. The offense occurred during a period in which the | ||||||
7 | person's privileges
to
operate a snowmobile are revoked or | ||||||
8 | suspended, and the revocation or
suspension was for a | ||||||
9 | violation of this Section or was imposed under Section
| ||||||
10 | 5-7.1.
| ||||||
11 | (e) Every person convicted of violating this Section is | ||||||
12 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
13 | of a person.
A person guilty of a Class 2 felony under this | ||||||
14 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
15 | be sentenced to a term of not less than 3 years
and not more | ||||||
16 | than 14 years.
| ||||||
17 | (e-1) Every person convicted of violating this Section or a | ||||||
18 | similar
provision of a local ordinance who had a child under | ||||||
19 | the age of 16 on board the
snowmobile at the time of offense | ||||||
20 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
21 | be subject to a mandatory minimum of 5 days of community
| ||||||
22 | service in a program benefiting children. The assignment under | ||||||
23 | this subsection
shall not be subject to suspension nor shall | ||||||
24 | the person be eligible for
probation in order to reduce the | ||||||
25 | assignment.
| ||||||
26 | (e-2) Every person found guilty of violating this Section, |
| |||||||
| |||||||
1 | whose operation
of
a snowmobile while in violation of this | ||||||
2 | Section proximately caused any incident
resulting in an | ||||||
3 | appropriate emergency response, shall be liable for the expense
| ||||||
4 | of an emergency response as provided in subsection (i) of | ||||||
5 | Section 11-501.01 of the Illinois Vehicle Code.
| ||||||
6 | (e-3) In addition to any other penalties and liabilities, a | ||||||
7 | person who is
found guilty of violating this Section, including | ||||||
8 | any person placed on court
supervision, shall be fined $100, | ||||||
9 | payable to the circuit clerk, who shall
distribute the money to | ||||||
10 | the law enforcement agency that made the arrest. In the
event | ||||||
11 | that more than one agency is responsible for the arrest, the | ||||||
12 | $100
shall be shared equally. Any moneys received by a law | ||||||
13 | enforcement agency under
this subsection (e-3) shall be used to | ||||||
14 | purchase law enforcement equipment or to
provide law | ||||||
15 | enforcement training that will assist in the prevention of | ||||||
16 | alcohol
related criminal violence throughout the State. Law | ||||||
17 | enforcement equipment shall
include, but is not limited to, | ||||||
18 | in-car video cameras, radar and laser speed
detection devices, | ||||||
19 | and alcohol breath testers.
| ||||||
20 | (f) In addition to any criminal penalties imposed, the
| ||||||
21 | Department of Natural Resources shall suspend the
snowmobile | ||||||
22 | operation privileges of
a person convicted or found guilty of a | ||||||
23 | misdemeanor under this
Section for a period of one
year, except | ||||||
24 | that first-time offenders are exempt from
this mandatory one | ||||||
25 | year suspension.
| ||||||
26 | (g) In addition to any criminal penalties imposed, the |
| |||||||
| |||||||
1 | Department of Natural
Resources shall suspend for a period of 5 | ||||||
2 | years the snowmobile operation
privileges of any person | ||||||
3 | convicted or found guilty of a felony under this
Section.
| ||||||
4 | (Source: P.A. 95-149, eff. 8-14-07; 96-1000, eff. 7-2-10.)
| ||||||
5 | (625 ILCS 40/5-7.1)
| ||||||
6 | Sec. 5-7.1. Implied consent.
| ||||||
7 | (a) A person who operates or is in actual physical control | ||||||
8 | of a
snowmobile in this State is deemed to have
given consent | ||||||
9 | to a chemical test or tests of blood, breath, saliva, or urine | ||||||
10 | for the
purpose of determining the content of alcohol, other | ||||||
11 | drug or
drugs, intoxicating compound or compounds, or a | ||||||
12 | combination of them in that person's blood if
arrested for a | ||||||
13 | violation of Section 5-7. The chemical test or tests shall
be
| ||||||
14 | administered at the direction of the arresting officer. The law | ||||||
15 | enforcement
agency employing the officer shall designate which | ||||||
16 | tests shall be
administered. A saliva or urine test may be | ||||||
17 | administered even after a blood or breath
test or both has been | ||||||
18 | administered.
| ||||||
19 | (a-1) For the purposes of this Section, an Illinois law | ||||||
20 | enforcement
officer of this State who is investigating the | ||||||
21 | person for any offense defined
in Section 5-7 may travel into | ||||||
22 | an adjoining state, where the person has been
transported for | ||||||
23 | medical care to complete an investigation and to request that
| ||||||
24 | the person submit to the test or tests set forth in this | ||||||
25 | Section. The
requirements of this Section that the person be |
| |||||||
| |||||||
1 | arrested are inapplicable, but
the officer shall issue the | ||||||
2 | person a uniform citation for an offense as defined
in Section | ||||||
3 | 5-7 or a similar provision of a local ordinance prior to | ||||||
4 | requesting
that the person submit to the test or tests. The | ||||||
5 | issuance of the uniform
citation shall not
constitute an | ||||||
6 | arrest, but shall be for the purpose of notifying the person | ||||||
7 | that
he or she is subject to the provisions of this Section and | ||||||
8 | of the officer's
belief of the existence of probable cause to | ||||||
9 | arrest. Upon returning to this
State, the officer shall file | ||||||
10 | the uniform citation with the circuit clerk of
the county where | ||||||
11 | the offense was committed and shall seek the issuance of an
| ||||||
12 | arrest warrant or a summons for the person.
| ||||||
13 | (a-2) Notwithstanding any ability to refuse under this Act | ||||||
14 | to submit to
these
tests or any ability to revoke the implied | ||||||
15 | consent to these tests, if a law
enforcement officer has | ||||||
16 | probable cause to believe that a snowmobile operated by
or | ||||||
17 | under actual physical control of a person under the influence | ||||||
18 | of alcohol,
other drug or drugs, intoxicating
compound or | ||||||
19 | compounds, or any combination of them has caused the death or
| ||||||
20 | personal injury to another, that person shall submit, upon the | ||||||
21 | request of a law
enforcement officer, to a chemical test or | ||||||
22 | tests of his or her blood, breath,
saliva, or
urine for the | ||||||
23 | purpose of determining the alcohol content or the
presence of | ||||||
24 | any other drug or combination of both. For the purposes of this
| ||||||
25 | Section, a personal injury includes severe bleeding wounds, | ||||||
26 | distorted
extremities, and injuries that require the injured |
| |||||||
| |||||||
1 | party to be carried from the
scene for immediate professional | ||||||
2 | attention in either a doctor's office or a
medical facility.
| ||||||
3 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
4 | in a condition
rendering that person incapable of refusal, is | ||||||
5 | deemed not to have
withdrawn the consent provided in subsection | ||||||
6 | (a), and the test or tests may
be administered.
| ||||||
7 | (c) A person requested to submit to a test as provided in | ||||||
8 | this Section shall
be verbally advised by the law enforcement | ||||||
9 | officer requesting the test that a
refusal to submit to the | ||||||
10 | test will result in suspension of that person's
privilege to | ||||||
11 | operate a snowmobile for a minimum of 2 years.
| ||||||
12 | (d) Following this warning, if a person under arrest | ||||||
13 | refuses upon the
request of a law enforcement officer to submit | ||||||
14 | to a test designated by the
officer, no tests may be given, but | ||||||
15 | the law enforcement officer
shall file with
the clerk of the | ||||||
16 | circuit court for the county in which the arrest was made,
and | ||||||
17 | with the Department of Natural Resources, a
sworn statement | ||||||
18 | naming the person refusing to take and complete the
chemical | ||||||
19 | test or
tests requested under the provisions of this Section. | ||||||
20 | The sworn statement
shall identify the arrested person, the | ||||||
21 | person's current residence address and
shall specify that a | ||||||
22 | refusal by that person to take the chemical test or
tests was | ||||||
23 | made.
The sworn statement shall include a statement
that the | ||||||
24 | officer had reasonable cause to believe the person was | ||||||
25 | operating or
was in actual physical control of the
snowmobile | ||||||
26 | within this State while under the influence of alcohol,
other |
| |||||||
| |||||||
1 | drug or drugs, an intoxicating compound or compound, or a | ||||||
2 | combination
of them
and that a chemical test or tests were | ||||||
3 | requested as an incident to and
following the
lawful
arrest for | ||||||
4 | an offense as defined in Section 5-7 or a similar provision of | ||||||
5 | a
local ordinance, and that the person, after being arrested | ||||||
6 | for an offense
arising out of acts alleged to have been | ||||||
7 | committed while operating a
snowmobile,
refused to submit to | ||||||
8 | and complete a chemical test or tests as requested by
the law
| ||||||
9 | enforcement officer.
| ||||||
10 | (e) The law enforcement officer submitting the sworn | ||||||
11 | statement shall serve
immediate written notice upon the person | ||||||
12 | refusing the chemical test or tests
that the person's privilege | ||||||
13 | to operate a snowmobile within this State will be
suspended for | ||||||
14 | a period of 2 years unless, within
28 days from the date of the | ||||||
15 | notice, the person requests in writing a hearing
on the | ||||||
16 | suspension.
| ||||||
17 | If the person desires a hearing, the person shall file a | ||||||
18 | complaint in the
circuit court in the county where that person | ||||||
19 | was arrested within 28 days from
the date of the notice.
The | ||||||
20 | hearing shall proceed in the court in the same manner as other | ||||||
21 | civil
proceedings. The hearing shall cover only the following | ||||||
22 | issues: (1) whether
the person was placed under
arrest for an | ||||||
23 | offense as defined in Section 5-7 or a similar provision of a
| ||||||
24 | local
ordinance as evidenced by the issuance of a uniform | ||||||
25 | citation; (2) whether the
arresting officer had reasonable | ||||||
26 | grounds to believe that the person was
operating a snowmobile |
| |||||||
| |||||||
1 | while under the influence of alcohol, other
drug or
drugs, an | ||||||
2 | intoxicating compound or compounds, or a combination of them; | ||||||
3 | and
(3) whether that person refused to submit to and complete | ||||||
4 | the chemical
test or tests upon
the
request of the law | ||||||
5 | enforcement officer. Whether the person was informed that
the | ||||||
6 | person's privilege to operate a snowmobile would be suspended | ||||||
7 | if that
person refused to submit to the chemical test or tests | ||||||
8 | may not be an issue
in the hearing.
| ||||||
9 | If the person fails to request a hearing in writing within | ||||||
10 | 28 days of the
date of the notice, or if a hearing is held and | ||||||
11 | the court finds against the
person on the issues before the | ||||||
12 | court,
the clerk shall immediately notify the Department of | ||||||
13 | Natural Resources, and the Department shall suspend the | ||||||
14 | snowmobile operation
privileges of
that person for at least 2 | ||||||
15 | years.
| ||||||
16 | (f) (Blank).
| ||||||
17 | (f-1) If the person submits to a test that discloses an | ||||||
18 | alcohol
concentration of 0.08 or more, or any amount of a drug, | ||||||
19 | substance, or
intoxicating compound in the person's breath, | ||||||
20 | blood, saliva, or urine resulting from
the unlawful use of | ||||||
21 | cannabis listed in the Cannabis Control Act, a controlled
| ||||||
22 | substance listed in the Illinois Controlled Substances Act, or | ||||||
23 | an intoxicating
compound listed in the Use of Intoxicating | ||||||
24 | Compounds Act, the law enforcement
officer shall
immediately | ||||||
25 | submit a sworn report to the circuit clerk of venue and the
| ||||||
26 | Department of Natural
Resources, certifying that the test or |
| |||||||
| |||||||
1 | tests was or were requested under
subsection (a-1) of this | ||||||
2 | Section and the person submitted to testing that
disclosed an | ||||||
3 | alcohol concentration of 0.08 or more.
| ||||||
4 | In cases where the blood alcohol concentration of 0.08 or | ||||||
5 | greater or any
amount of drug, substance, or compound resulting | ||||||
6 | from the unlawful use of
cannabis, a controlled substance, or | ||||||
7 | an intoxicating compound is established by
a subsequent | ||||||
8 | analysis of blood , saliva, or urine collected at the time of | ||||||
9 | arrest, the
arresting officer or arresting agency shall | ||||||
10 | immediately submit a sworn report
to the circuit clerk of venue | ||||||
11 | and the Department of Natural Resources upon
receipt of the | ||||||
12 | test results.
| ||||||
13 | (g) A person must submit to each chemical test offered by | ||||||
14 | the law
enforcement officer
in order to comply with implied | ||||||
15 | consent provisions of this Section.
| ||||||
16 | (h) The provision of Section 11-501.2 of the Illinois | ||||||
17 | Vehicle Code
concerning the certification and use of chemical | ||||||
18 | tests applies to the use of
those tests under this Section.
| ||||||
19 | (Source: P.A. 93-156, eff. 1-1-04.)
| ||||||
20 | (625 ILCS 40/5-7.2)
| ||||||
21 | Sec. 5-7.2. Chemical and other tests.
| ||||||
22 | (a) Upon the trial of a civil or criminal action or | ||||||
23 | proceeding arising out
of
acts alleged to have been committed | ||||||
24 | while under the influence of alcohol, the
concentration of | ||||||
25 | alcohol in the person's blood or breath at the time alleged as
|
| |||||||
| |||||||
1 | shown by analysis of the person's blood, urine, breath, saliva, | ||||||
2 | or other bodily
substance gives rise to the presumptions | ||||||
3 | specified in
subdivisions 1, 2, and 3 of subsection (b) of | ||||||
4 | Section 11-501.2 of the Illinois
Vehicle Code.
| ||||||
5 | (b) The provisions of subsection (a) shall not be construed | ||||||
6 | as limiting the
introduction of any other relevant evidence | ||||||
7 | bearing upon the question whether
the person was under the | ||||||
8 | influence of alcohol.
| ||||||
9 | (c) If a person under arrest refuses to submit to a | ||||||
10 | chemical test under the
provisions of Section 5-7.1, evidence | ||||||
11 | of refusal is admissible in a
civil or criminal action or | ||||||
12 | proceeding arising out of acts alleged to have been
committed | ||||||
13 | while the person under the influence of alcohol, other
drug or | ||||||
14 | drugs, an intoxicating compound or compounds, or a combination | ||||||
15 | of
them was operating a snowmobile.
| ||||||
16 | (Source: P.A. 93-156, eff. 1-1-04 .)
| ||||||
17 | (625 ILCS 40/5-7.4)
| ||||||
18 | Sec. 5-7.4.
Admissibility of chemical tests of blood , | ||||||
19 | saliva, or urine conducted in the
regular course of providing | ||||||
20 | emergency medical treatment.
| ||||||
21 | (a) Notwithstanding any other provision of law, the results | ||||||
22 | of
blood , saliva, or urine tests performed for the purpose of | ||||||
23 | determining the content of
alcohol, other drug or drugs, | ||||||
24 | intoxicating compound or compounds, or any
combination of them | ||||||
25 | in an individual's blood , saliva, or urine conducted upon |
| |||||||
| |||||||
1 | persons receiving
medical treatment in a
hospital
emergency | ||||||
2 | room, are admissible in evidence as a business record exception
| ||||||
3 | to the
hearsay rule only in prosecutions for a violation of | ||||||
4 | Section 5-7 of this
Act or a similar provision of a local | ||||||
5 | ordinance or in prosecutions for reckless
homicide brought | ||||||
6 | under the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
7 | The results of the tests are admissible only when
each of | ||||||
8 | the following criteria are met:
| ||||||
9 | 1. The chemical tests performed upon an individual's | ||||||
10 | blood , saliva, or urine were
ordered
in the
regular course | ||||||
11 | of providing emergency treatment and not at the request of | ||||||
12 | law
enforcement authorities; and
| ||||||
13 | 2. The chemical tests performed upon an individual's | ||||||
14 | blood , saliva, or urine were
performed by the
laboratory | ||||||
15 | routinely used by the hospital.
| ||||||
16 | 3. (Blank).
| ||||||
17 | Results of chemical tests performed upon an individual's | ||||||
18 | blood , saliva, or urine
are
admissible into evidence regardless | ||||||
19 | of the time that the records were
prepared.
| ||||||
20 | (b) The confidentiality provisions of law pertaining to | ||||||
21 | medical records and
medical treatment are not applicable with | ||||||
22 | regard to chemical tests
performed upon a person's blood , | ||||||
23 | saliva, or urine under the provisions of this
Section in | ||||||
24 | prosecutions as specified in
subsection (a) of this Section. No | ||||||
25 | person
shall be liable for civil damages as
a result of the | ||||||
26 | evidentiary use of the results of chemical testing of the
|
| |||||||
| |||||||
1 | individual's blood , saliva, or urine under this
Section or as a | ||||||
2 | result of that person's testimony made available under this
| ||||||
3 | Section.
| ||||||
4 | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| ||||||
5 | (625 ILCS 40/5-7.6)
| ||||||
6 | Sec. 5-7.6.
Reporting of test results of blood , saliva, or | ||||||
7 | urine conducted in the
regular course of providing emergency | ||||||
8 | medical treatment.
| ||||||
9 | (a) Notwithstanding any other provision of law, the results | ||||||
10 | of blood , saliva, or
urine tests performed for the purpose of | ||||||
11 | determining the content of alcohol,
other drug or drugs, | ||||||
12 | intoxicating compound or compounds, or any combination
of them | ||||||
13 | in an individual's blood , saliva, or
urine, conducted upon | ||||||
14 | persons receiving medical treatment in a hospital
emergency | ||||||
15 | room for injuries resulting from a snowmobile accident, shall | ||||||
16 | be
disclosed to the Department of Natural Resources, or local | ||||||
17 | law enforcement
agencies of jurisdiction, upon request. The | ||||||
18 | blood , saliva, or urine tests are
admissible in evidence as a | ||||||
19 | business record exception to the hearsay rule only
in | ||||||
20 | prosecutions for violations of Section 5-7 of this Code or a | ||||||
21 | similar
provision of a local ordinance, or in prosecutions for | ||||||
22 | reckless homicide
brought under the Criminal Code of
1961 or | ||||||
23 | the Criminal Code of 2012.
| ||||||
24 | (b) The confidentiality provisions of the law pertaining to | ||||||
25 | medical records
and medical treatment shall not be applicable |
| |||||||
| |||||||
1 | with regard to tests performed
upon an individual's blood , | ||||||
2 | saliva, or urine under the provisions of subsection (a) of
this | ||||||
3 | Section. No person shall
be liable for civil damages or | ||||||
4 | professional discipline as a result of
disclosure or reporting | ||||||
5 | of the tests or the evidentiary use of an individual's
blood , | ||||||
6 | saliva, or urine test results under this Section or Section | ||||||
7 | 5-7.4 or as a result
of that person's testimony made available | ||||||
8 | under this Section or Section 5-7.4,
except for willful or | ||||||
9 | wanton misconduct.
| ||||||
10 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
11 | Section 20. The Boat Registration and Safety Act is amended | ||||||
12 | by changing Sections 5-16, 5-16a, 5-16a.1, and 5-16c as | ||||||
13 | follows:
| ||||||
14 | (625 ILCS 45/5-16)
| ||||||
15 | Sec. 5-16. Operating a watercraft under the influence of | ||||||
16 | alcohol,
other drug or drugs, intoxicating compound or | ||||||
17 | compounds, or combination
thereof.
| ||||||
18 | (A) 1. A person shall not operate or be in actual physical | ||||||
19 | control of
any
watercraft within this State while:
| ||||||
20 | (a) The alcohol concentration in such person's | ||||||
21 | blood , saliva, or breath is a
concentration at which | ||||||
22 | driving a motor vehicle is prohibited under | ||||||
23 | subdivision
(1) of subsection (a) of
Section 11-501 of | ||||||
24 | the Illinois Vehicle Code;
|
| |||||||
| |||||||
1 | (b) Under the influence of alcohol;
| ||||||
2 | (c) Under the influence of any other drug or | ||||||
3 | combination of drugs to a
degree which renders such | ||||||
4 | person incapable of safely operating
any watercraft;
| ||||||
5 | (c-1) Under the influence of any intoxicating | ||||||
6 | compound or combination
of
intoxicating compounds to a | ||||||
7 | degree that renders the person incapable of safely
| ||||||
8 | operating
any watercraft;
| ||||||
9 | (d) Under the combined influence of alcohol and any | ||||||
10 | other drug or
drugs to a degree which renders such | ||||||
11 | person incapable of safely operating
a watercraft; or
| ||||||
12 | (e) There is any amount of a drug, substance, or | ||||||
13 | compound in the
person's blood , saliva, or urine | ||||||
14 | resulting from the unlawful use or consumption of
| ||||||
15 | cannabis listed in the Cannabis Control Act, a
| ||||||
16 | controlled substance
listed in the Illinois Controlled | ||||||
17 | Substances Act, or an intoxicating compound
listed in | ||||||
18 | the Use of Intoxicating Compounds Act.
| ||||||
19 | 2. The fact that any person charged with violating this | ||||||
20 | Section is or
has been legally entitled to use alcohol, | ||||||
21 | other drug or drugs, any
intoxicating compound or | ||||||
22 | compounds, or any combination of
them, shall not constitute | ||||||
23 | a defense against any charge of
violating this
Section.
| ||||||
24 | 3. Every person convicted of violating this Section | ||||||
25 | shall be guilty of a
Class A misdemeanor, except as | ||||||
26 | otherwise provided in this Section.
|
| |||||||
| |||||||
1 | 4. Every person convicted of violating this Section | ||||||
2 | shall be guilty of a
Class 4 felony if:
| ||||||
3 | (a) He has a previous conviction under this | ||||||
4 | Section;
| ||||||
5 | (b) The offense results in personal injury where a | ||||||
6 | person other than the
operator suffers great bodily | ||||||
7 | harm or permanent disability or disfigurement,
when | ||||||
8 | the violation was a proximate cause of the injuries. A | ||||||
9 | person guilty of a
Class 4 felony under this | ||||||
10 | subparagraph (b), if sentenced
to a term of | ||||||
11 | imprisonment, shall be sentenced to a term of not less | ||||||
12 | than
one year nor more than 12 years; or
| ||||||
13 | (c) The offense occurred during a period in which | ||||||
14 | his or her
privileges
to
operate
a watercraft are | ||||||
15 | revoked or suspended, and the revocation or suspension | ||||||
16 | was for
a
violation of this Section or was imposed | ||||||
17 | under subsection (B).
| ||||||
18 | 5. Every person convicted of violating this Section | ||||||
19 | shall be
guilty of a Class 2 felony if the offense results | ||||||
20 | in the death of a
person.
A person guilty of a Class 2 | ||||||
21 | felony under this paragraph 5, if sentenced to a
term of | ||||||
22 | imprisonment, shall be sentenced to a term of not less than | ||||||
23 | 3 years
and not more than 14 years.
| ||||||
24 | 5.1. A person convicted of violating this Section or a | ||||||
25 | similar
provision
of a
local
ordinance who had a child | ||||||
26 | under the age of 16 aboard the watercraft at the
time of |
| |||||||
| |||||||
1 | offense is
subject to a mandatory minimum fine of $500 and | ||||||
2 | to a mandatory minimum of 5
days of
community service in a | ||||||
3 | program benefiting children. The assignment under this
| ||||||
4 | paragraph 5.1 is
not subject to suspension and the person | ||||||
5 | is not eligible for probation in order
to reduce the
| ||||||
6 | assignment.
| ||||||
7 | 5.2. A person found guilty of violating this Section, | ||||||
8 | if his or her
operation
of a watercraft
while in violation | ||||||
9 | of this Section proximately caused any incident resulting | ||||||
10 | in
an appropriate
emergency response, is liable for the | ||||||
11 | expense of an emergency response as
provided in subsection | ||||||
12 | (m) of Section 11-501 of the Illinois Vehicle Code.
| ||||||
13 | 5.3. In addition to any other penalties and | ||||||
14 | liabilities, a person who is
found
guilty of
violating this | ||||||
15 | Section, including any person placed on court supervision,
| ||||||
16 | shall be fined $100,
payable to the circuit clerk, who | ||||||
17 | shall distribute the money to the law
enforcement agency | ||||||
18 | that
made the arrest. In the event that more than one | ||||||
19 | agency is responsible for the
arrest, the $100
shall be | ||||||
20 | shared equally. Any moneys received by a law enforcement | ||||||
21 | agency under
this
paragraph 5.3 shall be used to purchase | ||||||
22 | law enforcement equipment or to provide
law
enforcement | ||||||
23 | training that will assist in the prevention of alcohol | ||||||
24 | related
criminal violence
throughout the State. Law | ||||||
25 | enforcement equipment shall include, but is not
limited to, | ||||||
26 | in-car
video cameras, radar and laser speed detection |
| |||||||
| |||||||
1 | devices, and alcohol breath
testers.
| ||||||
2 | 6. (a) In addition to any criminal penalties imposed, | ||||||
3 | the Department of
Natural Resources shall suspend the | ||||||
4 | watercraft operation privileges of any
person
| ||||||
5 | convicted or found guilty of a misdemeanor under this | ||||||
6 | Section, a similar provision of a local ordinance, or | ||||||
7 | Title 46 of the U.S. Code of Federal Regulations for a | ||||||
8 | period
of one year, except that a first time offender | ||||||
9 | is exempt from this mandatory
one year suspension.
| ||||||
10 | As used in this subdivision (A)6(a), "first time | ||||||
11 | offender" means any person who has not had a previous | ||||||
12 | conviction or been assigned supervision for violating | ||||||
13 | this Section, a similar provision of a local ordinance | ||||||
14 | or, Title 46 of the U.S. Code of Federal Regulations, | ||||||
15 | or any person who has not had a suspension imposed | ||||||
16 | under subdivision (B)3.1 of Section 5-16.
| ||||||
17 | (b) In addition to any criminal penalties imposed, | ||||||
18 | the Department of
Natural Resources shall suspend the | ||||||
19 | watercraft operation privileges of any
person
| ||||||
20 | convicted of a felony under this Section, a similar | ||||||
21 | provision of a local ordinance, or Title 46 of the U.S. | ||||||
22 | Code of Federal Regulations for a period of 3 years.
| ||||||
23 | (B) 1. Any person who operates or is in actual physical | ||||||
24 | control of any
watercraft upon the waters of this
State | ||||||
25 | shall be deemed to have given consent to a chemical test or | ||||||
26 | tests of
blood, breath , saliva, or urine for the purpose of |
| |||||||
| |||||||
1 | determining the content of
alcohol, other
drug or drugs, | ||||||
2 | intoxicating compound or compounds, or combination thereof
| ||||||
3 | in the person's blood if arrested for
any offense of | ||||||
4 | subsection (A) above. The chemical test or tests shall be
| ||||||
5 | administered at
the direction of the arresting officer.
The | ||||||
6 | law enforcement agency employing the
officer shall | ||||||
7 | designate which of the tests shall be administered. A
| ||||||
8 | saliva or urine test may be
administered even after a blood | ||||||
9 | or breath test or both has been administered.
| ||||||
10 | 1.1. For the purposes of this Section, an Illinois Law | ||||||
11 | Enforcement
officer of
this
State who is investigating the | ||||||
12 | person for any offense defined in Section 5-16
may travel
| ||||||
13 | into an adjoining state, where the person has been | ||||||
14 | transported for medical care
to
complete an investigation, | ||||||
15 | and may request that the person submit to the test
or
tests | ||||||
16 | set
forth in this Section. The requirements of this Section | ||||||
17 | that the person be
arrested are
inapplicable, but the | ||||||
18 | officer shall issue the person a uniform citation for an
| ||||||
19 | offense as
defined in Section 5-16 or a similar provision | ||||||
20 | of a local ordinance prior to
requesting that
the person | ||||||
21 | submit to the test or tests. The issuance of the uniform | ||||||
22 | citation
shall not
constitute an arrest, but shall be for | ||||||
23 | the purpose of notifying the person that
he or she is
| ||||||
24 | subject to the provisions of this Section and of the | ||||||
25 | officer's belief in the
existence of
probable cause to | ||||||
26 | arrest. Upon returning to this State, the officer shall |
| |||||||
| |||||||
1 | file
the uniform
citation with the circuit clerk of the | ||||||
2 | county where the offense was committed
and shall
seek the | ||||||
3 | issuance of an arrest warrant or a summons for the person.
| ||||||
4 | 1.2. Notwithstanding any ability to refuse under this | ||||||
5 | Act to submit to
these
tests
or any ability to revoke the | ||||||
6 | implied consent to these tests, if a law
enforcement | ||||||
7 | officer
has probable cause to believe that a watercraft | ||||||
8 | operated by or under actual
physical
control of a person | ||||||
9 | under the influence of alcohol, other drug or drugs,
| ||||||
10 | intoxicating
compound or compounds, or any combination of | ||||||
11 | them has caused the death of or
personal
injury to another, | ||||||
12 | that person shall submit, upon the request of a law
| ||||||
13 | enforcement officer,
to a chemical test or tests of his or | ||||||
14 | her blood, breath, saliva, or urine for the
purpose of
| ||||||
15 | determining the alcohol content or the presence of any | ||||||
16 | other drug, intoxicating
compound, or
combination
of them. | ||||||
17 | For the purposes of this Section, a personal injury | ||||||
18 | includes severe
bleeding
wounds, distorted extremities, | ||||||
19 | and injuries that require the injured party to
be carried
| ||||||
20 | from the scene for immediate professional attention in | ||||||
21 | either a doctor's office
or a
medical facility.
| ||||||
22 | 2. Any person who is dead, unconscious or who is | ||||||
23 | otherwise in a condition
rendering such person incapable of | ||||||
24 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
25 | provided above, and the test may be administered.
| ||||||
26 | 3. A person requested to submit to a chemical test as |
| |||||||
| |||||||
1 | provided above
shall be
verbally advised by the law | ||||||
2 | enforcement officer requesting the test that a
refusal to | ||||||
3 | submit to the test will result in suspension of such | ||||||
4 | person's
privilege to operate a watercraft for a minimum of | ||||||
5 | 2 years. Following this
warning, if a person
under arrest | ||||||
6 | refuses upon the request of a law enforcement officer to
| ||||||
7 | submit to a test designated by the officer, no test
shall | ||||||
8 | be given, but the law enforcement officer shall file with | ||||||
9 | the clerk
of the circuit court for the county in which the | ||||||
10 | arrest was made, and with
the Department of Natural | ||||||
11 | Resources, a sworn
statement naming the person refusing to | ||||||
12 | take and complete the chemical test
or tests
requested | ||||||
13 | under the provisions of this Section. Such sworn statement | ||||||
14 | shall
identify the arrested person, such person's current | ||||||
15 | residence address and
shall specify that a refusal by such | ||||||
16 | person to take the chemical test or
tests was
made. Such | ||||||
17 | sworn statement shall include a statement that the | ||||||
18 | arresting
officer had reasonable cause to believe the | ||||||
19 | person was operating or was in
actual physical control of | ||||||
20 | the
watercraft within this State while under the influence | ||||||
21 | of alcohol, other
drug or drugs, intoxicating compound or | ||||||
22 | compounds, or combination thereof
and that such
chemical | ||||||
23 | test or tests were made as an
incident to and following the | ||||||
24 | lawful arrest for an offense as defined in
this Section or | ||||||
25 | a similar provision of a local ordinance, and that the
| ||||||
26 | person after being arrested for an offense arising out of |
| |||||||
| |||||||
1 | acts alleged to
have been committed while so operating a | ||||||
2 | watercraft refused to submit to
and complete a chemical | ||||||
3 | test or tests as requested by the law enforcement
officer.
| ||||||
4 | 3.1. The law enforcement officer submitting the sworn | ||||||
5 | statement as
provided in
paragraph 3 of this subsection (B) | ||||||
6 | shall serve immediate written notice upon
the
person | ||||||
7 | refusing the chemical test or tests that the person's | ||||||
8 | privilege to
operate a
watercraft within this State will be | ||||||
9 | suspended for a period of 2 years unless,
within 28 days | ||||||
10 | from the date of the notice, the person requests in writing | ||||||
11 | a
hearing
on the suspension.
| ||||||
12 | If the person desires a hearing, such person
shall file | ||||||
13 | a complaint in the circuit court for and in the county in | ||||||
14 | which
such person was arrested for such hearing. Such | ||||||
15 | hearing shall proceed in
the court in the same manner as | ||||||
16 | other civil proceedings, shall cover only
the issues of | ||||||
17 | whether the person was placed under arrest for an offense | ||||||
18 | as
defined in this Section or a similar provision of a | ||||||
19 | local ordinance as
evidenced by the issuance of a uniform | ||||||
20 | citation; whether the arresting
officer had reasonable | ||||||
21 | grounds to believe that such person was operating a
| ||||||
22 | watercraft while under the influence of alcohol, other drug | ||||||
23 | or drugs,
intoxicating compound or compounds, or | ||||||
24 | combination
thereof; and whether such person refused to | ||||||
25 | submit and complete the
chemical test or
tests upon the | ||||||
26 | request of the law enforcement officer. Whether the person
|
| |||||||
| |||||||
1 | was informed that such person's privilege to operate a | ||||||
2 | watercraft would be
suspended if such person refused to | ||||||
3 | submit to the chemical test or tests
shall not be an
issue.
| ||||||
4 | If the person fails to request in writing a hearing | ||||||
5 | within 28 days from
the date of notice, or if a hearing is | ||||||
6 | held and the court finds against the
person on the issues | ||||||
7 | before the court, the
clerk shall immediately notify the | ||||||
8 | Department of Natural Resources, and the Department shall | ||||||
9 | suspend the watercraft operation
privileges of the person | ||||||
10 | for at least 2 years.
| ||||||
11 | 3.2. If the person submits to a test that discloses an | ||||||
12 | alcohol
concentration
of 0.08
or more, or any amount of a | ||||||
13 | drug, substance or intoxicating compound in the
person's
| ||||||
14 | breath, blood, saliva, or urine resulting from the unlawful | ||||||
15 | use of cannabis listed in
the Cannabis
Control Act, a | ||||||
16 | controlled substance listed in the Illinois Controlled
| ||||||
17 | Substances Act, or an
intoxicating compound listed in the | ||||||
18 | Use of Intoxicating Compounds Act, the law
enforcement | ||||||
19 | officer shall immediately submit a sworn report to the | ||||||
20 | circuit
clerk of venue
and the Department of Natural | ||||||
21 | Resources, certifying that the test or tests were
requested
| ||||||
22 | under paragraph 1 of this subsection (B) and the person | ||||||
23 | submitted to testing
that
disclosed an alcohol | ||||||
24 | concentration of 0.08 or more.
| ||||||
25 | In cases where the blood alcohol concentration of 0.08 | ||||||
26 | or greater or any
amount of
drug, substance or compound |
| |||||||
| |||||||
1 | resulting from the unlawful use of cannabis, a
controlled
| ||||||
2 | substance or an intoxicating compound is established by a | ||||||
3 | subsequent analysis
of blood , saliva, or urine collected at | ||||||
4 | the time of arrest, the arresting officer or arresting
| ||||||
5 | agency shall
immediately submit a sworn report to the | ||||||
6 | circuit clerk of venue and the
Department of
Natural | ||||||
7 | Resources upon receipt of the test results.
| ||||||
8 | 4. A person must submit to each chemical test offered | ||||||
9 | by the law
enforcement
officer
in order to comply with the | ||||||
10 | implied consent provisions of this Section.
| ||||||
11 | 5. The provisions of Section 11-501.2 of the Illinois | ||||||
12 | Vehicle Code, as
amended, concerning the certification and | ||||||
13 | use of chemical tests apply to the
use of such tests under | ||||||
14 | this Section.
| ||||||
15 | (C) Upon the trial of any civil or criminal action or | ||||||
16 | proceeding arising out
of acts alleged to have been committed | ||||||
17 | by any person while operating a
watercraft while under the | ||||||
18 | influence of alcohol, the concentration of alcohol
in the | ||||||
19 | person's blood or breath at the time alleged as shown by | ||||||
20 | analysis of a
person's blood, urine, breath, saliva, or other | ||||||
21 | bodily substance shall give rise to the
presumptions specified | ||||||
22 | in subdivisions 1, 2, and 3 of
subsection (b) of Section | ||||||
23 | 11-501.2 of the Illinois Vehicle Code. The foregoing
provisions | ||||||
24 | of this subsection (C) shall not be
construed
as limiting the | ||||||
25 | introduction of any other relevant evidence bearing upon the
| ||||||
26 | question whether the person was under the influence of alcohol.
|
| |||||||
| |||||||
1 | (D) If a person under arrest refuses to submit to a | ||||||
2 | chemical test under
the provisions of this Section, evidence of | ||||||
3 | refusal shall be admissible in
any civil or criminal action or | ||||||
4 | proceeding arising out of acts alleged to
have been committed | ||||||
5 | while the person under the influence of alcohol,
other drug or | ||||||
6 | drugs, intoxicating compound or compounds, or combination
of | ||||||
7 | them was operating a watercraft.
| ||||||
8 | (E) The owner of any watercraft or any person given | ||||||
9 | supervisory
authority over a watercraft, may not knowingly | ||||||
10 | permit a watercraft to be
operated by any person under the | ||||||
11 | influence of alcohol, other drug or drugs,
intoxicating | ||||||
12 | compound or compounds, or
combination thereof.
| ||||||
13 | (F) Whenever any person is convicted or found guilty of a | ||||||
14 | violation of
this
Section, including any person placed on court | ||||||
15 | supervision, the court shall
notify the Office of Law | ||||||
16 | Enforcement of the
Department of Natural Resources, to provide | ||||||
17 | the Department with the records
essential for the performance | ||||||
18 | of the Department's duties to monitor and enforce
any order of | ||||||
19 | suspension or revocation concerning the privilege to operate a
| ||||||
20 | watercraft.
| ||||||
21 | (G) No person who has been arrested and charged for | ||||||
22 | violating paragraph 1 of
subsection (A) of this Section shall | ||||||
23 | operate any watercraft within this State
for a period of 24 | ||||||
24 | hours after such arrest.
| ||||||
25 | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
|
| |||||||
| |||||||
1 | (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
| ||||||
2 | Sec. 5-16a.
Admissibility of chemical tests of blood , | ||||||
3 | saliva, or urine conducted in the regular course of providing | ||||||
4 | emergency medical
treatment.
| ||||||
5 | (a) Notwithstanding any other provision of law, the written | ||||||
6 | results of
blood , saliva, or urine alcohol tests conducted upon | ||||||
7 | persons receiving medical treatment in a
hospital emergency | ||||||
8 | room are admissible in evidence as a business record
exception | ||||||
9 | to the hearsay rule only in prosecutions for any violation of
| ||||||
10 | Section 5-16 of this Act or a similar provision of a local
| ||||||
11 | ordinance or in prosecutions for reckless homicide brought | ||||||
12 | under the Criminal
Code of 1961 or the Criminal Code of 2012, | ||||||
13 | when:
| ||||||
14 | (1) the chemical tests performed upon an individual's | ||||||
15 | blood , saliva, or urine were ordered
in the regular course | ||||||
16 | of providing emergency treatment and not at the request
of | ||||||
17 | law enforcement authorities; and
| ||||||
18 | (2) the chemical tests performed upon an individual's | ||||||
19 | blood , saliva, or urine
were performed by the laboratory | ||||||
20 | routinely used by the hospital.
| ||||||
21 | Results of
chemical tests performed upon an individual's | ||||||
22 | blood , saliva, or urine are admissible into
evidence regardless | ||||||
23 | of the time that the records were prepared.
| ||||||
24 | (b) The confidentiality provisions of law pertaining to | ||||||
25 | medical records
and medical treatment shall not be applicable | ||||||
26 | with regard to chemical
tests performed upon an individual's |
| |||||||
| |||||||
1 | blood , saliva, or urine under the provisions of
this Section in | ||||||
2 | prosecutions as
specified in subsection (a) of this Section. No | ||||||
3 | person shall be liable for
civil damages as a result of the | ||||||
4 | evidentiary use of the results of chemical
testing of an | ||||||
5 | individual's blood , saliva, or urine under this Section or as a | ||||||
6 | result of that person's testimony made
available under this | ||||||
7 | Section.
| ||||||
8 | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| ||||||
9 | (625 ILCS 45/5-16a.1)
| ||||||
10 | Sec. 5-16a.1.
Reporting of test results of blood , saliva, | ||||||
11 | or urine conducted in the
regular course of
providing emergency | ||||||
12 | medical treatment.
| ||||||
13 | (a) Notwithstanding any other provision of law, the results | ||||||
14 | of blood , saliva, or
urine
tests
performed for the purpose of | ||||||
15 | determining the content of alcohol, other drug or
drugs, | ||||||
16 | intoxicating compound or compounds, or any combination of them | ||||||
17 | in an
individual's blood , saliva, or
urine, conducted upon | ||||||
18 | persons receiving medical treatment in a hospital
emergency | ||||||
19 | room for
injuries resulting from a boating accident, shall be | ||||||
20 | disclosed to the
Department
of Natural
Resources or local law | ||||||
21 | enforcement agencies of jurisdiction, upon request. The
blood , | ||||||
22 | saliva, or urine
tests are admissible in evidence as a business | ||||||
23 | record exception to the hearsay
rule only in
prosecutions for | ||||||
24 | violations of Section 5-16 of this Code or a similar provision
| ||||||
25 | of a local
ordinance, or in prosecutions for reckless homicide |
| |||||||
| |||||||
1 | brought under the Criminal
Code of 1961 or the Criminal Code of | ||||||
2 | 2012.
| ||||||
3 | (b) The confidentiality provisions of the law pertaining to | ||||||
4 | medical records
and medical
treatment shall not be applicable | ||||||
5 | with regard to tests performed upon an
individual's blood , | ||||||
6 | saliva, or
urine under the provisions of subsection (a) of this | ||||||
7 | Section. No person is
liable for civil damages
or professional | ||||||
8 | discipline as a result of disclosure or reporting of the tests
| ||||||
9 | or the evidentiary use
of an individual's blood , saliva, or | ||||||
10 | urine test results under this Section or
Section 5-16a, or as a
| ||||||
11 | result of that person's testimony made available under this | ||||||
12 | Section or Section
5-16a, except for
willful or wanton | ||||||
13 | misconduct.
| ||||||
14 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
15 | (625 ILCS 45/5-16c) | ||||||
16 | Sec. 5-16c. Operator involvement in personal injury or | ||||||
17 | fatal boating accident; chemical tests. | ||||||
18 | (a) Any person who operates or is in actual physical | ||||||
19 | control of a motorboat within this State and who has been | ||||||
20 | involved in a personal injury or fatal boating accident shall | ||||||
21 | be deemed to have given consent to a breath test using a | ||||||
22 | portable device as approved by the Department of State Police | ||||||
23 | or to a chemical test or tests of blood, breath, saliva, or | ||||||
24 | urine for the purpose of determining the content of alcohol, | ||||||
25 | other drug or drugs, or intoxicating compound or compounds of |
| |||||||
| |||||||
1 | the person's blood if arrested as evidenced by the issuance of | ||||||
2 | a uniform citation for a violation of the Boat Registration and | ||||||
3 | Safety Act or a similar provision of a local ordinance, with | ||||||
4 | the exception of equipment violations contained in Article IV | ||||||
5 | of this Act or similar provisions of local ordinances. The test | ||||||
6 | or tests shall be administered at the direction of the | ||||||
7 | arresting officer. The law enforcement agency employing the | ||||||
8 | officer shall designate which of the aforesaid tests shall be | ||||||
9 | administered. A saliva or urine test may be administered even | ||||||
10 | after a blood or breath test or both has been administered. | ||||||
11 | Compliance with this Section does not relieve the person from | ||||||
12 | the requirements of any other Section of this Act. | ||||||
13 | (b) Any person who is dead, unconscious, or who is | ||||||
14 | otherwise in a
condition rendering that person incapable of | ||||||
15 | refusal shall be deemed not to
have withdrawn the consent | ||||||
16 | provided by subsection (a) of this Section. In
addition, if an | ||||||
17 | operator of a motorboat is receiving medical treatment as a
| ||||||
18 | result of a boating accident, any physician licensed to | ||||||
19 | practice
medicine, licensed physician assistant, licensed | ||||||
20 | advanced practice nurse, registered nurse, or a phlebotomist | ||||||
21 | acting under the direction of
a licensed physician shall | ||||||
22 | withdraw blood for testing purposes to ascertain
the presence | ||||||
23 | of alcohol, other drug or drugs, or intoxicating
compound or | ||||||
24 | compounds, upon the specific request of a law
enforcement | ||||||
25 | officer. However, this testing shall not be performed until, in
| ||||||
26 | the opinion of the medical personnel on scene, the withdrawal |
| |||||||
| |||||||
1 | can be made
without interfering with or endangering the | ||||||
2 | well-being of the patient. | ||||||
3 | (c) A person requested to submit to a test under subsection | ||||||
4 | (a) of this Section shall be
warned by the law enforcement | ||||||
5 | officer requesting the test that a refusal to
submit to the | ||||||
6 | test, or submission to the test resulting in an alcohol
| ||||||
7 | concentration of 0.08 or more, or any amount of a drug, | ||||||
8 | substance,
or intoxicating compound
resulting from the | ||||||
9 | unlawful use or consumption of cannabis listed in the
Cannabis | ||||||
10 | Control Act, a controlled substance listed in the Illinois
| ||||||
11 | Controlled Substances Act, an intoxicating compound listed in | ||||||
12 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
13 | listed in the Methamphetamine Control and Community Protection | ||||||
14 | Act as detected in the person's blood , saliva, or urine, may
| ||||||
15 | result in the suspension of the person's privilege to operate a | ||||||
16 | motor vehicle and may result in the disqualification of the | ||||||
17 | person's privilege to operate a commercial motor vehicle, as | ||||||
18 | provided in Section 6-514 of the Illinois Vehicle Code, if the | ||||||
19 | person is a CDL holder.
The length of the suspension shall be | ||||||
20 | the same as outlined in Section
6-208.1 of the Illinois Vehicle | ||||||
21 | Code regarding statutory summary suspensions. | ||||||
22 | (d) If the person refuses testing or submits to a test | ||||||
23 | which discloses
an alcohol concentration of 0.08 or more, or | ||||||
24 | any amount of a drug,
substance,
or intoxicating compound in | ||||||
25 | the person's blood , saliva, or urine resulting from the
| ||||||
26 | unlawful use or
consumption of cannabis listed in the Cannabis |
| |||||||
| |||||||
1 | Control Act, a controlled
substance listed in the Illinois | ||||||
2 | Controlled Substances Act, an
intoxicating
compound listed in | ||||||
3 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
4 | listed in the Methamphetamine Control and Community Protection | ||||||
5 | Act, the law
enforcement officer shall immediately submit a | ||||||
6 | sworn report to the Secretary of
State on a form prescribed by | ||||||
7 | the Secretary of State, certifying that the test or tests
were | ||||||
8 | requested under subsection (a) of this Section and the person | ||||||
9 | refused to submit to a
test or tests or submitted to testing | ||||||
10 | which disclosed an alcohol concentration
of 0.08 or more, or | ||||||
11 | any amount of a drug, substance, or intoxicating
compound
in | ||||||
12 | the
person's blood , saliva, or urine, resulting from the | ||||||
13 | unlawful use or consumption of
cannabis listed in the Cannabis | ||||||
14 | Control Act, a controlled substance
listed in
the Illinois | ||||||
15 | Controlled Substances Act,
an intoxicating compound listed in
| ||||||
16 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
17 | listed in the Methamphetamine Control and Community Protection | ||||||
18 | Act. | ||||||
19 | Upon receipt of the sworn report of a law enforcement | ||||||
20 | officer, the
Secretary of State shall enter the suspension and | ||||||
21 | disqualification to the person's driving record and the
| ||||||
22 | suspension and disqualification shall be effective on the 46th | ||||||
23 | day following the date notice of the
suspension was given to | ||||||
24 | the person. | ||||||
25 | The law enforcement officer submitting the sworn report | ||||||
26 | shall serve immediate
notice of this suspension on the person |
| |||||||
| |||||||
1 | and this suspension and disqualification shall be effective
on | ||||||
2 | the 46th day following the date notice was given. | ||||||
3 | In cases where the blood alcohol concentration of 0.08 or | ||||||
4 | more,
or any amount
of a drug, substance, or intoxicating | ||||||
5 | compound resulting from the unlawful
use or
consumption of | ||||||
6 | cannabis listed in the Cannabis Control Act, a
controlled
| ||||||
7 | substance listed in the Illinois Controlled Substances Act,
an
| ||||||
8 | intoxicating
compound listed in the Use of Intoxicating | ||||||
9 | Compounds Act, or methamphetamine as listed in the | ||||||
10 | Methamphetamine Control and Community Protection Act, is | ||||||
11 | established by a
subsequent analysis of blood , saliva, or urine | ||||||
12 | collected at the time of arrest, the
arresting officer shall | ||||||
13 | give notice as provided in this Section or by deposit
in the | ||||||
14 | United States mail of this notice in an envelope with postage | ||||||
15 | prepaid
and addressed to the person at his or her address as | ||||||
16 | shown on the uniform citation and the suspension and | ||||||
17 | disqualification shall be effective on the 46th day following | ||||||
18 | the date
notice was given. | ||||||
19 | Upon receipt of the sworn report of a law enforcement | ||||||
20 | officer, the Secretary of State
shall also give notice of the | ||||||
21 | suspension and disqualification to the person by mailing a | ||||||
22 | notice of
the effective date of the suspension and | ||||||
23 | disqualification to the person. However, should the
sworn | ||||||
24 | report be defective by not containing sufficient information or | ||||||
25 | be
completed in error, the notice of the suspension and | ||||||
26 | disqualification shall not be mailed to the
person or entered |
| |||||||
| |||||||
1 | to the driving record, but rather the sworn report shall be
| ||||||
2 | returned to the issuing law enforcement agency. | ||||||
3 | (e) A person may contest this suspension of his or her
| ||||||
4 | driving privileges and disqualification of his or her CDL | ||||||
5 | privileges by
requesting an administrative hearing with the | ||||||
6 | Secretary of State in accordance with
Section 2-118 of the | ||||||
7 | Illinois Vehicle Code. At the conclusion of a hearing held | ||||||
8 | under
Section 2-118 of the Illinois Vehicle Code, the Secretary | ||||||
9 | of State may rescind, continue, or modify the
orders
of | ||||||
10 | suspension and disqualification. If the Secretary of State does | ||||||
11 | not rescind the orders of suspension and disqualification, a | ||||||
12 | restricted
driving permit may be granted by the Secretary of | ||||||
13 | State upon application being made and
good cause shown. A | ||||||
14 | restricted driving permit may be granted to relieve undue
| ||||||
15 | hardship to allow driving for employment, educational, and | ||||||
16 | medical purposes as
outlined in Section 6-206 of the Illinois | ||||||
17 | Vehicle Code. The provisions of Section 6-206 of
the Illinois | ||||||
18 | Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the | ||||||
19 | Secretary of State may not issue a restricted driving permit | ||||||
20 | for the operation of a commercial motor vehicle to a person | ||||||
21 | holding a CDL whose driving privileges have been suspended, | ||||||
22 | revoked, cancelled, or disqualified. | ||||||
23 | (f) For the purposes of this Section, a personal injury | ||||||
24 | shall include
any type A injury as indicated on the accident | ||||||
25 | report completed
by a law enforcement officer that requires | ||||||
26 | immediate professional attention
in a doctor's office or a |
| |||||||
| |||||||
1 | medical facility. A type A injury shall
include severely | ||||||
2 | bleeding wounds, distorted extremities, and injuries that
| ||||||
3 | require the injured party to be carried from the scene.
| ||||||
4 | (Source: P.A. 98-103, eff. 1-1-14.)
| ||||||
5 | Section 25. The Code of Criminal Procedure of 1963 is | ||||||
6 | amended by changing Section 115-15 as follows:
| ||||||
7 | (725 ILCS 5/115-15)
| ||||||
8 | Sec. 115-15. Laboratory reports.
| ||||||
9 | (a) In any criminal prosecution for a violation of
the | ||||||
10 | Cannabis
Control Act, the Illinois Controlled Substances Act, | ||||||
11 | or the Methamphetamine Control and Community Protection Act, a | ||||||
12 | laboratory report
from the Department of State Police, Division | ||||||
13 | of Forensic Services, that is
signed and sworn to by the person | ||||||
14 | performing an
analysis and that states (1) that the substance | ||||||
15 | that is the basis of the
alleged
violation
has been weighed and | ||||||
16 | analyzed, and (2) the person's findings as to the
contents, | ||||||
17 | weight and identity of the substance, and (3) that it contains | ||||||
18 | any
amount of a controlled substance or cannabis is prima facie | ||||||
19 | evidence of the
contents, identity and weight of the substance. | ||||||
20 | Attached to the report
shall be a copy of a notarized statement | ||||||
21 | by the signer of the report giving
the name of the signer and | ||||||
22 | stating (i) that he or she is an employee of the
Department of | ||||||
23 | State Police, Division of Forensic Services,
(ii) the name and | ||||||
24 | location of the laboratory where the analysis was
performed, |
| |||||||
| |||||||
1 | (iii) that performing the analysis is a part of his or her | ||||||
2 | regular
duties, and (iv) that the signer is qualified by | ||||||
3 | education, training and
experience to perform the analysis. The | ||||||
4 | signer shall also allege that
scientifically accepted tests | ||||||
5 | were performed with due caution and that the
evidence was | ||||||
6 | handled in accordance with established and accepted procedures
| ||||||
7 | while in the custody of the laboratory.
| ||||||
8 | (a-5) In any criminal prosecution for reckless homicide | ||||||
9 | under Section 9-3
of the
Criminal Code of
1961 or the Criminal | ||||||
10 | Code of 2012, or driving under the influence of alcohol, other | ||||||
11 | drug, or combination of
both, in
violation of Section
11-501 of | ||||||
12 | the Illinois Vehicle Code or in any civil action held under a
| ||||||
13 | statutory summary
suspension or revocation hearing under | ||||||
14 | Section 2-118.1 of the Illinois Vehicle Code, a
laboratory | ||||||
15 | report from the
Department of State Police, Division of | ||||||
16 | Forensic Services, that is signed and
sworn to by the person
| ||||||
17 | performing an analysis, and that states
that the sample of | ||||||
18 | blood , saliva, or urine was tested for alcohol or
drugs, and
| ||||||
19 | contains the person's findings as to the presence and amount
of
| ||||||
20 | alcohol or
drugs and type of drug is prima facie evidence of
| ||||||
21 | the presence, content, and amount of the alcohol or drugs | ||||||
22 | analyzed in
the blood , saliva, or urine. Attached to the report | ||||||
23 | must be a copy of a notarized
statement by the
signer of the | ||||||
24 | report giving the name of the signer and stating (1) that he or
| ||||||
25 | she is an employee
of the Department of State Police, Division | ||||||
26 | of Forensic Services, (2) the name
and location
of the |
| |||||||
| |||||||
1 | laboratory where the analysis was performed, (3) that | ||||||
2 | performing the
analysis is a part
of his or her regular duties, | ||||||
3 | (4) that the signer is qualified by
education, training, and
| ||||||
4 | experience to perform the analysis, and (5) that
scientifically | ||||||
5 | accepted
tests were performed with due caution and that the | ||||||
6 | evidence was handled in
accordance with
established and | ||||||
7 | accepted procedures while in the custody of the laboratory.
| ||||||
8 | (b) The State's Attorney shall serve a copy of the report | ||||||
9 | on the
attorney of record for the accused, or on the accused if | ||||||
10 | he or she has no
attorney, before any proceeding in which the | ||||||
11 | report is to be used against
the accused other than at a | ||||||
12 | preliminary hearing or grand jury hearing when
the report may | ||||||
13 | be used without having been previously served upon the accused.
| ||||||
14 | (c) The report shall not be prima facie evidence if the
| ||||||
15 | accused or his or her attorney
demands the testimony of the | ||||||
16 | person signing the report by serving the
demand upon the | ||||||
17 | State's Attorney within 7 days from the accused or his or her
| ||||||
18 | attorney's receipt of the report.
| ||||||
19 | (Source: P.A. 96-1344, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
20 | Section 30. The Unified Code of Corrections is amended by | ||||||
21 | changing Section 5-9-1.9 as follows:
| ||||||
22 | (730 ILCS 5/5-9-1.9)
| ||||||
23 | Sec. 5-9-1.9. DUI analysis fee.
| ||||||
24 | (a) "Crime laboratory" means a not-for-profit laboratory |
| |||||||
| |||||||
1 | substantially
funded by a single unit or combination of units | ||||||
2 | of local government or the
State of
Illinois that regularly | ||||||
3 | employs at least one person engaged in the DUI
analysis of | ||||||
4 | blood , saliva, and urine for criminal justice agencies in | ||||||
5 | criminal matters
and provides testimony with respect to such | ||||||
6 | examinations.
| ||||||
7 | "DUI analysis" means an analysis of blood , saliva, or urine | ||||||
8 | for purposes of
determining whether a violation of Section | ||||||
9 | 11-501 of the Illinois Vehicle Code
has occurred.
| ||||||
10 | (b) When a person has been adjudged guilty of an offense in | ||||||
11 | violation of
Section 11-501 of the Illinois Vehicle Code, in | ||||||
12 | addition to any other
disposition, penalty, or fine imposed, a | ||||||
13 | crime laboratory DUI analysis fee of
$150 for each offense for | ||||||
14 | which the person was convicted shall be levied by the
court for | ||||||
15 | each case in which a laboratory analysis occurred. Upon | ||||||
16 | verified
petition of the person, the court may suspend payment | ||||||
17 | of all or part of the fee
if it finds that the person does not | ||||||
18 | have the ability to pay the fee.
| ||||||
19 | (c) In addition to any other disposition made under the | ||||||
20 | provisions of
the Juvenile Court Act of 1987, any minor | ||||||
21 | adjudicated delinquent for an offense
which if committed by an | ||||||
22 | adult would constitute a violation of Section 11-501
of the | ||||||
23 | Illinois Vehicle Code shall be assessed a crime laboratory DUI | ||||||
24 | analysis
fee of $150 for each adjudication. Upon verified | ||||||
25 | petition of the minor, the
court may suspend payment of all or | ||||||
26 | part of the fee if it finds
that the minor does not have the |
| |||||||
| |||||||
1 | ability to pay the fee. The parent, guardian,
or legal | ||||||
2 | custodian of the minor may pay some or all of the fee on the | ||||||
3 | minor's
behalf.
| ||||||
4 | (d) All crime laboratory DUI analysis fees provided for by | ||||||
5 | this Section
shall
be collected by the clerk of the court and | ||||||
6 | forwarded to the appropriate crime
laboratory DUI fund as | ||||||
7 | provided in subsection (f).
| ||||||
8 | (e) Crime laboratory funds shall be established as follows:
| ||||||
9 | (1) A unit of local government that maintains a crime | ||||||
10 | laboratory may
establish a crime laboratory DUI fund within | ||||||
11 | the office of the county or
municipal treasurer.
| ||||||
12 | (2) Any combination of units of local government that | ||||||
13 | maintains a crime
laboratory may establish a crime | ||||||
14 | laboratory DUI fund within the office of the
treasurer of | ||||||
15 | the county where the crime laboratory is situated.
| ||||||
16 | (3) The State Police DUI Fund is created as a
special | ||||||
17 | fund in
the State Treasury.
| ||||||
18 | (f) The analysis fee provided for in subsections (b) and | ||||||
19 | (c) of this Section
shall be forwarded to the office of the | ||||||
20 | treasurer of the unit of local
government that performed the | ||||||
21 | analysis if that unit of local government has
established a | ||||||
22 | crime laboratory DUI fund, or to the State Treasurer for | ||||||
23 | deposit
into the State Police DUI Fund if the analysis was
| ||||||
24 | performed by a
laboratory operated by the Department of State | ||||||
25 | Police. If the analysis was
performed by a crime laboratory | ||||||
26 | funded by a combination of units of local
government, the |
| |||||||
| |||||||
1 | analysis fee shall be forwarded to the treasurer of the county
| ||||||
2 | where the crime laboratory is situated if a crime laboratory | ||||||
3 | DUI fund has been
established in that county. If the unit of | ||||||
4 | local government or combination of
units of local government | ||||||
5 | has not established a crime laboratory DUI fund, then
the | ||||||
6 | analysis fee shall be forwarded to the State Treasurer for | ||||||
7 | deposit into
the State Police DUI Fund. The clerk of the | ||||||
8 | circuit
court may retain
the
amount of $10 from each collected | ||||||
9 | analysis fee to offset administrative costs
incurred in | ||||||
10 | carrying out the clerk's responsibilities under this Section.
| ||||||
11 | (g) Fees deposited into a crime laboratory DUI fund created | ||||||
12 | under
paragraphs (1) and (2) of subsection (e) of this Section | ||||||
13 | shall be in addition
to any allocations made pursuant to | ||||||
14 | existing law and shall be designated for
the exclusive use of | ||||||
15 | the crime laboratory. These uses may include, but are not
| ||||||
16 | limited to, the following:
| ||||||
17 | (1) Costs incurred in providing analysis for DUI | ||||||
18 | investigations conducted
within this State.
| ||||||
19 | (2) Purchase and maintenance of equipment for use in | ||||||
20 | performing analyses.
| ||||||
21 | (3) Continuing education, training, and professional | ||||||
22 | development of
forensic scientists regularly employed by | ||||||
23 | these laboratories.
| ||||||
24 | (h) Fees deposited in the State Police DUI Fund
created | ||||||
25 | under
paragraph (3) of subsection (e) of this Section shall be | ||||||
26 | used by
State crime laboratories as designated by the Director |
| |||||||
| |||||||
1 | of State Police. These
funds shall be in addition to any | ||||||
2 | allocations made according to existing law
and shall be | ||||||
3 | designated for the exclusive use of State crime laboratories.
| ||||||
4 | These uses may include those enumerated in subsection (g) of | ||||||
5 | this Section.
| ||||||
6 | (Source: P.A. 91-822, eff. 6-13-00.)
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
|