Bill Text: IL SB1955 | 2013-2014 | 98th General Assembly | Amended

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

---

Bill Title: Amends the Illinois Lottery Law. Allows the Illinois Lottery to offer Lucky Day Lotto, My3, Pick 3, and Pick 4 games through the Internet pilot program. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2013-12-31 - Public Act . . . . . . . . . 98-0616 [SB1955 Detail]

Download: Illinois-2013-SB1955-Amended.html

---

Rep. Lou Lang

Filed: 10/18/2013

09800SB1955ham002 LRB098 05666 HEP 49187 a
AMENDMENT TO SENATE BILL 1955
AMENDMENT NO. ______. Amend Senate Bill 1955 by replacing
everything after the enacting clause with the following:
"Section 5. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Sections 10, 30, 55, 60, 65,
75, 85, 105, 115, 120, 125, 140, 165, 170, 175, and 185 and by
adding Sections 105.5 and 130.5 as follows:
(410 ILCS 130/10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 10. Definitions. The following terms, as used in this
Act, shall have the meanings set forth in this Section:
(a) "Adequate supply" means:
(1) 2.5 ounces of usable cannabis during a period of 14
days and that is derived solely from an intrastate source.
(2) Subject to the rules of the Department of Public
Health, a patient may apply for a waiver where a physician

09800SB1955ham002 - 2 - LRB098 05666 HEP 49187 a
provides a substantial medical basis in a signed, written
statement asserting that, based on the patient's medical
history, in the physician's professional judgment, 2.5
ounces is an insufficient adequate supply for a 14-day
period to properly alleviate the patient's debilitating
medical condition or symptoms associated with the
debilitating medical condition.
(3) This subsection may not be construed to authorize
the possession of more than 2.5 ounces at any time without
authority from the Department of Public Health.
(4) The pre-mixed weight of medical cannabis used in
making a cannabis infused product shall apply toward the
limit on the total amount of medical cannabis a registered
qualifying patient may possess at any one time.
(b) "Cannabis" has the meaning given that term in Section 3
of the Cannabis Control Act.
(c) "Cannabis plant monitoring system" means a system that
includes, but is not limited to, testing and data collection
established and maintained by the registered cultivation
center and available to the Department of Agriculture for the
purposes of documenting each cannabis plant and for monitoring
plant development throughout the life cycle of a cannabis plant
cultivated for the intended use by a qualifying patient from
seed planting to final packaging.
(d) "Cardholder" means a qualifying patient or a designated
caregiver who has been issued and possesses a valid registry

09800SB1955ham002 - 3 - LRB098 05666 HEP 49187 a
identification card by the Department of Public Health.
(e) "Cultivation center" means a facility operated by an
organization or business that is registered by the Department
of Agriculture to perform necessary activities to provide only
registered medical cannabis dispensing organizations with
usable medical cannabis.
(f) "Cultivation center agent" means a principal officer,
board member, employee, or agent of a registered cultivation
center who is 21 years of age or older and has not been
convicted of an excluded offense.
(g) "Cultivation center agent identification card" means a
document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.
(h) "Debilitating medical condition" means one or more of
the following:
(1) cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune deficiency
syndrome, hepatitis C, amyotrophic lateral sclerosis,
Crohn's disease, agitation of Alzheimer's disease,
cachexia/wasting syndrome, muscular dystrophy, severe
fibromyalgia, spinal cord disease, including but not
limited to arachnoiditis, Tarlov cysts, hydromyelia,
syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
spinal cord injury, traumatic brain injury and
post-concussion syndrome, Multiple Sclerosis,
Arnold-Chiari malformation and Syringomyelia,

09800SB1955ham002 - 4 - LRB098 05666 HEP 49187 a
Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
(Complex Regional Pain Syndromes Type I), Causalgia, CRPS
(Complex Regional Pain Syndromes Type II),
Neurofibromatosis, Chronic Inflammatory Demyelinating
Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
syndrome, residual limb pain, or the treatment of these
conditions; or
(2) any other debilitating medical condition or its
treatment that is added by the Department of Public Health
by rule as provided in Section 45.
(i) "Designated caregiver" means a person who: (1) is at
least 21 years of age; (2) has agreed to assist with a
patient's medical use of cannabis; (3) has not been convicted
of an excluded offense; and (4) assists no more than one
registered qualifying patient with his or her medical use of
cannabis.
(j) "Dispensing organization agent identification card"
means a document issued by the Department of Financial and
Professional Regulation that identifies a person as a medical
cannabis dispensing organization agent.
(k) "Enclosed, locked facility" means a room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by a cultivation
center's agents or a dispensing organization's agent working

09800SB1955ham002 - 5 - LRB098 05666 HEP 49187 a
for the registered cultivation center or the registered
dispensing organization to cultivate, store, and distribute
cannabis for registered qualifying patients.
(l) "Excluded offense" means:
(1) a violent crime defined in Section 3 of the Rights
of Crime Victims and Witnesses Act or a substantially
similar offense that was classified as a felony in the
jurisdiction where the person was convicted; or
(2) a violation of a state or federal controlled
substance law that was classified as a felony in the
jurisdiction where the person was convicted, except that
the registering Department may waive this restriction if
the person demonstrates to the registering Department's
satisfaction that his or her conviction was for the
possession, cultivation, transfer, or delivery of a
reasonable amount of cannabis intended for medical use.
This exception does not apply if the conviction was under
state law and involved a violation of an existing medical
cannabis law.
(m) "Medical cannabis cultivation center registration"
means a registration issued by the Department of Agriculture.
(n) "Medical cannabis container" means a sealed,
traceable, food compliant, tamper resistant, tamper evident
container, or package used for the purpose of containment of
medical cannabis from a cultivation center to a dispensing
organization.

09800SB1955ham002 - 6 - LRB098 05666 HEP 49187 a
(o) "Medical cannabis dispensing organization", or
"dispensing organization", or "dispensary organization" means
a facility operated by an organization or business that is
registered by the Department of Financial and Professional
Regulation to acquire medical cannabis from a registered
cultivation center for the purpose of dispensing cannabis,
paraphernalia, or related supplies and educational materials
to registered qualifying patients.
(p) "Medical cannabis dispensing organization agent" or
"dispensing organization agent" means a principal officer,
owner, partner, board member, employee, or agent of a
registered medical cannabis dispensing organization who is 21
years of age or older and has not been convicted of an excluded
offense.
(q) "Medical cannabis infused product" means food, oils,
ointments, or other products containing usable cannabis that
are not smoked.
(r) "Medical use" means the acquisition; administration;
delivery; possession; transfer; transportation; or use of
cannabis to treat or alleviate a registered qualifying
patient's debilitating medical condition or symptoms
associated with the patient's debilitating medical condition.
(s) "Physician" means a doctor of medicine or doctor of
osteopathy licensed under the Medical Practice Act of 1987 to
practice medicine and who has a controlled substances license
under Article III of the Illinois Controlled Substances Act. It

09800SB1955ham002 - 7 - LRB098 05666 HEP 49187 a
does not include a licensed practitioner under any other Act
including but not limited to the Illinois Dental Practice Act.
(t) "Qualifying patient" means a person who has been
diagnosed by a physician as having a debilitating medical
condition.
(u) "Registered" means licensed, permitted, or otherwise
certified by the Department of Agriculture, Department of
Public Health, or Department of Financial and Professional
Regulation.
(v) "Registry identification card" means a document issued
by the Department of Public Health that identifies a person as
a registered qualifying patient or registered designated
caregiver.
(w) "Usable cannabis" means the seeds, leaves, buds,
extracted resin, and flowers of the cannabis plant and any
mixture or preparation thereof, but does not include the
stalks, and roots of the plant. It does not include the weight
of any non-cannabis ingredients combined with cannabis, such as
ingredients added to prepare a topical administration, food, or
drink.
(x) "Verification system" means a Web-based system
established and maintained by the Department of Public Health
that is available to the Department of Agriculture, the
Department of Financial and Professional Regulation, law
enforcement personnel, and registered medical cannabis
dispensing organization agents on a 24-hour basis for the

09800SB1955ham002 - 8 - LRB098 05666 HEP 49187 a
verification of registry identification cards, the tracking of
delivery of medical cannabis to medical cannabis dispensing
organizations, and the tracking of the date of sale, amount,
and price of medical cannabis purchased by a registered
qualifying patient.
(x-5) "Veterans Affairs facility" or "VA facility" means
(1) any hospital, Veterans Home, outpatient clinic,
community-based outpatient facility, or any other medical
facility operating under the auspices of the United States
Veterans Health Administration, the United States Department
of Veterans Affairs, or the Illinois Department of Veterans'
Affairs or (2) any other facility certified by the United
States Department of Veterans Affairs Medical Center in the
State of Illinois.
(y) "Written certification" means a document dated and
signed by a physician, stating (1) that in the physician's
professional opinion the patient is likely to receive
therapeutic or palliative benefit from the medical use of
cannabis to treat or alleviate the patient's debilitating
medical condition or symptoms associated with the debilitating
medical condition; (2) that the qualifying patient has a
debilitating medical condition and specifying the debilitating
medical condition the qualifying patient has; and (3) that the
patient is under the physician's care for the debilitating
medical condition. A written certification shall be made only
in the course of a bona fide physician-patient relationship,

09800SB1955ham002 - 9 - LRB098 05666 HEP 49187 a
after the physician has completed an assessment of the
qualifying patient's medical history, reviewed relevant
records related to the patient's debilitating condition, and
conducted a physical examination.
A veteran who has received treatment at a VA facility
hospital shall be deemed to have a bona fide physician-patient
relationship with a VA physician at a VA facility if the
patient has been seen for his or her debilitating medical
condition at the VA facility Hospital in accordance with VA
facility Hospital protocols.
A bona fide physician-patient relationship under this
subsection is a privileged communication within the meaning of
Section 8-802 of the Code of Civil Procedure.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/30)
(Section scheduled to be repealed on January 1, 2018)
Sec. 30. Limitations and penalties.
(a) This Act does not permit any person to engage in, and
does not prevent the imposition of any civil, criminal, or
other penalties for engaging in, the following conduct:
(1) Undertaking any task under the influence of
cannabis, when doing so would constitute negligence,
professional malpractice, or professional misconduct;
(2) Possessing cannabis:
(A) in a school bus;

09800SB1955ham002 - 10 - LRB098 05666 HEP 49187 a
(B) on the grounds of any preschool or primary or
secondary school;
(C) in any correctional facility;
(D) in a vehicle under Section 11-502.1 of the
Illinois Vehicle Code;
(E) in a vehicle not open to the public unless the
medical cannabis is in a reasonably secured, sealed,
tamper-evident container and reasonably inaccessible
while the vehicle is moving; or
(F) in a private residence that is used at any time
to provide licensed child care or other similar social
service care on the premises;
(3) Using cannabis:
(A) in a school bus;
(B) on the grounds of any preschool or primary or
secondary school;
(C) in any correctional facility;
(D) in any motor vehicle;
(E) in a private residence that is used at any time
to provide licensed child care or other similar social
service care on the premises;
(F) in any public place. "Public place" as used in
this subsection means any place where an individual
could reasonably be expected to be observed by others.
A "public place" includes all parts of buildings owned
in whole or in part, or leased, by the State or a local

09800SB1955ham002 - 11 - LRB098 05666 HEP 49187 a
unit of government. A "public place" does not include a
private residence unless the private residence is used
to provide licensed child care, foster care, or other
similar social service care on the premises. For
purposes of this subsection, a "public place" does not
include a health care facility. For purposes of this
Section, a "health care facility" includes, but is not
limited to, hospitals, nursing homes, hospice care
centers, and long-term care facilities;
(G) knowingly in close physical proximity to
anyone under the age of 18 years of age;
(4) Smoking medical cannabis in any public place where
an individual could reasonably be expected to be observed
by others, in a health care facility, or any other place
where smoking is prohibited under the Smoke Free Illinois
Act;
(5) Operating, navigating, or being in actual physical
control of any motor vehicle, aircraft, or motorboat while
using or under the influence of cannabis in violation of
Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
(6) Using or possessing cannabis if that person does
not have a debilitating medical condition and is not a
registered qualifying patient or caregiver;
(7) Allowing any person who is not allowed to use
cannabis under this Act to use cannabis that a cardholder
is allowed to possess under this Act;

09800SB1955ham002 - 12 - LRB098 05666 HEP 49187 a
(8) Transferring cannabis to any person contrary to the
provisions of this Act;
(9) The use of medical cannabis by an active duty law
enforcement officer, correctional officer, correctional
probation officer, emergency medical technician, or
firefighter; or
(10) The use of medical cannabis by a person who has a
school bus permit or a Commercial Driver's License.
(b) Nothing in this Act shall be construed to prevent the
arrest or prosecution of a registered qualifying patient for
reckless driving or driving under the influence of cannabis
where probable cause exists.
(c) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, knowingly making a
misrepresentation to a law enforcement official of any fact or
circumstance relating to the medical use of cannabis to avoid
arrest or prosecution is a petty offense punishable by a fine
of up to $1,000, which shall be in addition to any other
penalties that may apply for making a false statement or for
the use of cannabis other than use undertaken under this Act.
(d) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, any person who makes a
misrepresentation of a medical condition to a physician or
fraudulently provides material misinformation to a physician
in order to obtain a written certification is guilty of a petty
offense punishable by a fine of up to $1,000.

09800SB1955ham002 - 13 - LRB098 05666 HEP 49187 a
(e) Any cardholder or registered caregiver who sells
cannabis shall have his or her registry identification card
revoked and is subject to other penalties for the unauthorized
sale of cannabis.
(f) Any registered qualifying patient who commits a
violation of Section 11-502.1 of the Illinois Vehicle Code or
refuses a properly requested test related to operating a motor
vehicle while under the influence of cannabis shall have his or
her registry identification card revoked.
(g) No registered qualifying patient or designated
caregiver shall knowingly obtain, seek to obtain, or possess,
individually or collectively, an amount of usable cannabis from
a registered medical cannabis dispensing organization that
would cause him or her to exceed the authorized adequate supply
under subsection (a) of Section 10.
(h) Nothing in this Act shall prevent a private business
from restricting or prohibiting the medical use of cannabis on
its property.
(i) Nothing in this Act shall prevent a university,
college, or other institution of post-secondary education from
restricting or prohibiting the use of medical cannabis on its
property.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/55)
(Section scheduled to be repealed on January 1, 2018)

09800SB1955ham002 - 14 - LRB098 05666 HEP 49187 a
Sec. 55. Registration of qualifying patients and
designated caregivers.
(a) The Department of Public Health shall issue registry
identification cards to qualifying patients and designated
caregivers who submit a completed application, and at minimum,
the following, in accordance with Department of Public Health
rules:
(1) A written certification, on a form developed by the
Department of Public Health and issued by a physician,
within 90 days immediately preceding the date of an
application; however, if the applicant is a veteran
receiving treatment at a VA facility, the applicant need
not submit a written certification, but the Department of
Public Health shall verify that the applicant is (i) a
veteran, (ii) an Illinois resident, (iii) currently
receiving any aspect of his or her treatment at a VA
facility, and (iv) being treated for a debilitating medical
condition.
(2) upon the execution of applicable privacy waivers,
the patient's medical documentation related to his or her
debilitating condition and any other information that may
be reasonably required by the Department of Public Health
to confirm that the physician and patient have a bona fide
physician-patient relationship, that the qualifying
patient is in the physician's care for any aspect of his or
her debilitating medical condition, and to substantiate

09800SB1955ham002 - 15 - LRB098 05666 HEP 49187 a
the patient's diagnosis;
(3) the application or renewal fee as set by rule;
(4) the name, address, date of birth, and social
security number of the qualifying patient, except that if
the applicant is homeless no address is required;
(5) the name, address, and telephone number of the
qualifying patient's physician;
(6) the name, address, and date of birth of the
designated caregiver, if any, chosen by the qualifying
patient;
(7) (blank) the name of the registered medical cannabis
dispensing organization the qualifying patient designates;
(8) signed statements from the patient and designated
caregiver asserting that they will not divert medical
cannabis; and
(9) completed background checks for the patient and
designated caregiver.
(b) In addition to the requirements of subsection (a) of
this Section the Department of Public Health, as part of its
application process, shall provide each qualifying patient
applying for a registry identification card a notice that
states, at a minimum, the following information:
(1) the patient understands that possession of a
registry identification card does not permit the patient to
drive while impaired by the use of cannabis;
(2) the patient understands that by accepting the

09800SB1955ham002 - 16 - LRB098 05666 HEP 49187 a
issuance of a registry identification card he or she
consents to performing standardized field sobriety tests
at the request of any law enforcement officer that has
reasonable suspicion to believe the patient is driving or
in actual physical control of a motor vehicle while
impaired by the use of cannabis;
(3) refusal to submit to standardized field sobriety
tests and the results of standardized field sobriety tests
are admissible in administrative hearings and civil and
criminal courts of law for the purpose of establishing that
the patient was impaired by the use of cannabis; and
(4) refusal to submit to standardized field sobriety
tests shall result in the suspension of the patient's
driver's license for a period of 12 months; failure of
field sobriety tests shall result in the suspension of the
patient's driver's license for a period of 6 months; and
refusal or failure shall result in the revocation of the
patient's registry identification card.
The patient must sign and date this notice as part of the
application process prior to the issuance of a registry
identification card by the Department of Public Health.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/60)
(Section scheduled to be repealed on January 1, 2018)
Sec. 60. Issuance of registry identification cards.

09800SB1955ham002 - 17 - LRB098 05666 HEP 49187 a
(a) Except as provided in subsection (b), the Department of
Public Health shall:
(1) verify the information contained in an application
or renewal for a registry identification card submitted
under this Act, and approve or deny an application or
renewal, within 30 days of receiving a completed
application or renewal application and all supporting
documentation specified in Section 55;
(2) issue registry identification cards to a
qualifying patient and his or her designated caregiver, if
any, within 15 business days of approving the application
or renewal;
(3) enter the registry identification number of the
registered dispensing organization the patient designates
into the verification system; and
(4) allow for an electronic application process, and
provide a confirmation by electronic or other methods that
an application has been submitted.
(b) The Department of Public Health may not issue a
registry identification card to a qualifying patient who is
under 18 years of age.
(c) A veteran who has received treatment at a VA facility
hospital is deemed to have a bona fide physician-patient
relationship with a VA physician at a VA facility if the
patient has been seen for his or her debilitating medical
condition at the VA facility hospital in accordance with VA

09800SB1955ham002 - 18 - LRB098 05666 HEP 49187 a
facility hospital protocols. All reasonable inferences
regarding the existence of a bona fide physician-patient
relationship shall be drawn in favor of an applicant who is a
veteran and has undergone treatment at a VA facility hospital.
(d) Upon the approval of the registration and issuance of a
registry card under this Section, the Department of Public
Health shall forward the designated caregiver or registered
qualified patient's driver's registration number to the
Secretary of State and certify that the individual is permitted
to engage in the medical use of cannabis. For the purposes of
law enforcement, the Secretary of State shall make a notation
on the person's driving record stating the person is a
registered qualifying patient who is entitled to the lawful
medical use of cannabis. If the person no longer holds a valid
registry card, the Department shall notify the Secretary of
State and the Secretary of State shall remove the notation from
the person's driving record. The Department and the Secretary
of State may establish a system by which the information may be
shared electronically.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/65)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65. Denial of registry identification cards.
(a) The Department of Public Health may deny an application
or renewal of a qualifying patient's registry identification

09800SB1955ham002 - 19 - LRB098 05666 HEP 49187 a
card only if the applicant:
(1) did not provide the required information and
materials;
(2) previously had a registry identification card
revoked;
(3) did not meet the requirements of this Act; or
(4) provided false or falsified information.
(a-5) Notwithstanding the provisions of subsection (a) of
this Section, the Department of Public Health may deny an
application or renewal of a qualifying patient's registry
identification card if, in the case of an applicant submitting
an application without a written certification because the
applicant is a veteran receiving treatment for a debilitating
medical condition at a VA facility, the Department of Public
Health could not verify through reasonable means that the
applicant is (i) a veteran, (ii) an Illinois resident, (iii)
currently receiving any aspect of his or her treatment at a VA
facility, and (iv) being treated for a debilitating medical
condition.
(b) No person who has been convicted of a felony under the
Illinois Controlled Substances Act, Cannabis Control Act, or
Methamphetamine Control and Community Protection Act, or
similar provision in a local ordinance or other jurisdiction is
eligible to receive a registry identification card.
(c) The Department of Public Health may deny an application
or renewal for a designated caregiver chosen by a qualifying

09800SB1955ham002 - 20 - LRB098 05666 HEP 49187 a
patient whose registry identification card was granted only if:
(1) the designated caregiver does not meet the
requirements of subsection (i) of Section 10;
(2) the applicant did not provide the information
required;
(3) the prospective patient's application was denied;
(4) the designated caregiver previously had a registry
identification card revoked; or
(5) the applicant or the designated caregiver provided
false or falsified information.
(d) The Department of Public Health through the Illinois
State Police shall conduct a fingerprint-based criminal
background check of the prospective qualifying patient and
designated caregiver in order to carry out this provision. Each
prospective patient and designated caregiver shall submit his
or her fingerprints to the Department of State Police in the
form and manner prescribed by the Department of State Police.
These fingerprints shall be checked against the fingerprint
records filed in the Department of State Police and Federal
Bureau of Investigation criminal history records databases.
The Department of State Police shall charge a fee for
conducting a criminal history record check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the

09800SB1955ham002 - 21 - LRB098 05666 HEP 49187 a
Department of Public Health. The Department of State Police
shall be reimbursed for the cost of the background check by the
Department of Public Health. Each person applying as a
qualifying patient or a designated caregiver shall submit a
full set of fingerprints to the Department of Public Health for
the purpose of obtaining a state and federal criminal records
check. The Department of Public Health may exchange this data
with the Department of State Police or the Federal Bureau of
Investigation without disclosing that the records check is
related to this Act. The Department of Public Health shall
destroy each set of fingerprints after the criminal records
check is completed. The Department of Public Health may waive
the submission of a qualifying patient's complete fingerprints
based on (1) the severity of the patient's illness and (2) the
inability of the qualifying patient to obtain those
fingerprints, provided that a complete criminal background
check is conducted by the Department of State Police prior to
the issuance of a registry identification card.
(e) The Department of Public Health shall notify the
qualifying patient who has designated someone to serve as his
or her designated caregiver if a registry identification card
will not be issued to the designated caregiver.
(f) Denial of an application or renewal is considered a
final Department action, subject to judicial review.
Jurisdiction and venue for judicial review are vested in the
Circuit Court.

09800SB1955ham002 - 22 - LRB098 05666 HEP 49187 a
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/75)
(Section scheduled to be repealed on January 1, 2018)
Sec. 75. Notifications to Department of Public Health and
responses; civil penalty.
(a) The following notifications and Department of Public
Health responses are required:
(1) A registered qualifying patient shall notify the
Department of Public Health of any change in his or her
name or address, or if the registered qualifying patient
ceases to have his or her debilitating medical condition,
within 10 days of the change.
(2) A registered designated caregiver shall notify the
Department of Public Health of any change in his or her
name or address, or if the designated caregiver becomes
aware the registered qualifying patient passed away,
within 10 days of the change.
(3) Before a registered qualifying patient changes his
or her designated caregiver, the qualifying patient must
notify the Department of Public Health.
(4) If a cardholder loses his or her registry
identification card, he or she shall notify the Department
of Public Health within 10 days of becoming aware the card
has been lost.
(b) When a cardholder notifies the Department of Public

09800SB1955ham002 - 23 - LRB098 05666 HEP 49187 a
Health of items listed in subsection (a), but remains eligible
under this Act, the Department of Public Health shall issue the
cardholder a new registry identification card with a new random
alphanumeric identification number within 15 business days of
receiving the updated information and a fee as specified in
Department of Public Health rules. If the person notifying the
Department of Public Health is a registered qualifying patient,
the Department shall also issue his or her registered
designated caregiver, if any, a new registry identification
card within 15 business days of receiving the updated
information.
(c) If a registered qualifying patient ceases to be a
registered qualifying patient or changes his or her registered
designated caregiver, the Department of Public Health shall
promptly notify the designated caregiver. The registered
designated caregiver's protections under this Act as to that
qualifying patient shall expire 15 days after notification by
the Department.
(d) A cardholder who fails to make a notification to the
Department of Public Health that is required by this Section is
subject to a civil infraction, punishable by a penalty of no
more than $150.
(e) A registered qualifying patient shall notify the
Department of Public Health of his or her initial designated
registered dispensing organization and any change to his or her
designated registered dispensing organization. Registered

09800SB1955ham002 - 24 - LRB098 05666 HEP 49187 a
dispensing organizations must comply with all requirements of
this Act. A registry identification card shall be active and a
registered qualifying patient or caregiver may not purchase
medical cannabis prior to notifying the Department of Public
Health of the registered qualifying patient's designated
registered dispensing organization.
(f) If the registered qualifying patient's certifying
physician notifies the Department of Public Health in writing
that either the registered qualifying patient has ceased to
suffer from a debilitating medical condition or that the
physician no longer believes the patient would receive
therapeutic or palliative benefit from the medical use of
cannabis, the card shall become null and void. However, the
registered qualifying patient shall have 15 days to destroy his
or her remaining medical cannabis and related paraphernalia.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/85)
(Section scheduled to be repealed on January 1, 2018)
Sec. 85. Issuance and denial of medical cannabis
cultivation permit.
(a) The Department of Agriculture may register up to 22
cultivation center registrations for operation. No more than 3
Illinois State Police Districts, as the boundaries of those
districts were specified on the date January 1, 2013, may
contain more than one registered cultivation center. The

09800SB1955ham002 - 25 - LRB098 05666 HEP 49187 a
Department of Agriculture may not issue more than 2
registrations one registration per each Illinois State Police
District boundary as specified on the date of January 1, 2013.
The Department of Agriculture may not issue less than the 22
registrations if there are qualified applicants who have
applied with the Department.
(b) The registrations shall be issued and renewed annually
as determined by administrative rule.
(c) The Department of Agriculture shall determine a
registration fee by rule.
(d) A cultivation center may only operate if it has been
issued a valid registration from the Department of Agriculture.
When applying for a cultivation center registration, the
applicant shall submit the following in accordance with
Department of Agriculture rules:
(1) the proposed legal name of the cultivation center;
(2) the proposed physical address of the cultivation
center and description of the enclosed, locked facility as
it applies to cultivation centers where medical cannabis
will be grown, harvested, manufactured, packaged, or
otherwise prepared for distribution to a dispensing
organization;
(3) the name, address, and date of birth of each
principal officer and board member of the cultivation
center, provided that all those individuals shall be at
least 21 years of age;

09800SB1955ham002 - 26 - LRB098 05666 HEP 49187 a
(4) any instance in which a business that any of the
prospective board members of the cultivation center had
managed or served on the board of the business and was
convicted, fined, censured, or had a registration or
license suspended or revoked in any administrative or
judicial proceeding;
(5) cultivation, inventory, and packaging plans;
(6) proposed operating by-laws that include procedures
for the oversight of the cultivation center, development
and implementation of a plant monitoring system, medical
cannabis container tracking system, accurate record
keeping, staffing plan, and security plan reviewed by the
State Police that are in accordance with the rules issued
by the Department of Agriculture under this Act. A physical
inventory shall be performed of all plants and medical
cannabis containers on a weekly basis;
(7) experience with agricultural cultivation
techniques and industry standards;
(8) any academic degrees, certifications, or relevant
experience with related businesses;
(9) the identity of every person, association, trust,
or corporation having any direct or indirect pecuniary
interest in the cultivation center operation with respect
to which the registration is sought. If the disclosed
entity is a trust, the application shall disclose the names
and addresses of the beneficiaries; if a corporation, the

09800SB1955ham002 - 27 - LRB098 05666 HEP 49187 a
names and addresses of all stockholders and directors; if a
partnership, the names and addresses of all partners, both
general and limited;
(10) verification from the State Police that all
background checks of the principal officer, board members,
and registered agents have been conducted and those
individuals have not been convicted of an excluded offense;
(11) provide a copy of the current local zoning
ordinance to the Department of Agriculture and verify that
proposed cultivation center is in compliance with the local
zoning rules issued in accordance with Section 140;
(12) an application fee set by the Department of
Agriculture by rule; and
(13) any other information required by Department of
Agriculture rules, including, but not limited to a
cultivation center applicant's experience with the
cultivation of agricultural or horticultural products,
operating an agriculturally related business, or operating
a horticultural business.
(e) An application for a cultivation center permit must be
denied if any of the following conditions are met:
(1) the applicant failed to submit the materials
required by this Section, including if the applicant's
plans do not satisfy the security, oversight, inventory, or
recordkeeping rules issued by the Department of
Agriculture;

09800SB1955ham002 - 28 - LRB098 05666 HEP 49187 a
(2) the applicant would not be in compliance with local
zoning rules issued in accordance with Section 140;
(3) one or more of the prospective principal officers
or board members has been convicted of an excluded offense;
(4) one or more of the prospective principal officers
or board members has served as a principal officer or board
member for a registered dispensing organization or
cultivation center that has had its registration revoked;
(5) one or more of the principal officers or board
members is under 21 years of age;
(6) a principal officer or board member of the
cultivation center has been convicted of a felony under the
laws of this State, any other state, or the United States;
(7) a principal officer or board member of the
cultivation center has been convicted of any violation of
Article 28 of the Criminal Code of 2012, or substantially
similar laws of any other jurisdiction; or
(8) the person has submitted an application for a
certificate under this Act which contains false
information.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/105)
(Section scheduled to be repealed on January 1, 2018)
Sec. 105. Requirements; prohibitions; penalties for
cultivation centers.

09800SB1955ham002 - 29 - LRB098 05666 HEP 49187 a
(a) The operating documents of a registered cultivation
center shall include procedures for the oversight of the
cultivation center, a cannabis plant monitoring system
including a physical inventory recorded weekly, a cannabis
container system including a physical inventory recorded
weekly, accurate record keeping, and a staffing plan.
(b) A registered cultivation center shall implement a
security plan reviewed by the State Police and including but
not limited to: facility access controls, perimeter intrusion
detection systems, personnel identification systems, 24-hour
surveillance system to monitor the interior and exterior of the
registered cultivation center facility and accessible to
authorized law enforcement and the Department of Agriculture
Financial and Professional Regulation in real-time.
(c) A registered cultivation center may not be located
within 2,500 feet of the property line of a pre-existing public
or private preschool or elementary or secondary school or day
care center, day care home, group day care home, part day child
care facility, or an area zoned for residential use.
(d) All cultivation of cannabis for distribution to a
registered dispensing organization must take place in an
enclosed, locked facility as it applies to cultivation centers
at the physical address provided to the Department of
Agriculture during the registration process. The cultivation
center location shall only be accessed by the cultivation
center agents working for the registered cultivation center,

09800SB1955ham002 - 30 - LRB098 05666 HEP 49187 a
Department of Agriculture staff performing inspections,
Department of Public Health staff performing inspections, law
enforcement or other emergency personnel, and contractors
working on jobs unrelated to medical cannabis, such as
installing or maintaining security devices or performing
electrical wiring.
(e) A cultivation center may not sell or distribute any
cannabis to any individual or entity other than a dispensary
organization registered under this Act.
(f) All harvested cannabis intended for distribution to a
dispensing organization must be packaged in a labeled medical
cannabis container and entered into a data collection system.
(g) No person who has been convicted of an excluded offense
may be a cultivation center agent.
(h) Registered cultivation centers are subject to random
inspection by the State Police.
(i) Registered cultivation centers are subject to random
inspections by the Department of Agriculture and the Department
of Public Health.
(j) A cultivation center agent shall notify local law
enforcement, the State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone or in-person, or by
written or electronic communication.
(k) A cultivation center shall comply with all State and
federal rules and regulations regarding the use of pesticides.

09800SB1955ham002 - 31 - LRB098 05666 HEP 49187 a
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/105.5 new)
Sec. 105.5. Cease and desist; Director of Agriculture.
(a) If any person violates a provision of this Act, the
Director of Agriculture may, in the name of the People of the
State of Illinois, through the Attorney General of the State of
Illinois, petition for an order enjoining the violation or for
an order enforcing compliance with this Act. Upon the filing of
a verified petition in court, the court may issue a temporary
restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this Section are in addition to, and
not in lieu of, all other remedies and penalties provided by
this Act.
(b) If any person, entity, or other business sells cannabis
to a dispensing organization without having a valid license
under this Act, then any licensee, any interested party, or any
person injured thereby may, in addition to the Director of
Agriculture, petition for relief as provided in subsection (a)
of this Section.
(c) Whenever in the opinion of the Department of
Agriculture any person, entity, or other business violates any
provision of this Act, the Department of Agriculture may issue

09800SB1955ham002 - 32 - LRB098 05666 HEP 49187 a
a rule to show cause why an order to cease and desist should
not be entered against such person, firm, or other entity. The
rule shall clearly set forth the grounds relied upon by the
Department and shall provide a period of at least 7 days from
the date of the rule to file an answer to the satisfaction of
the Department of Agriculture. If the person, firm, or other
entity fails to file an answer satisfactory to the Department
of Agriculture, the matter shall be considered as a default and
the Department of Agriculture may cause an order to cease and
desist to be issued immediately.
(410 ILCS 130/115)
(Section scheduled to be repealed on January 1, 2018)
Sec. 115. Registration of dispensing organizations.
(a) The Department of Financial and Professional
Regulation may issue up to 60 dispensing organization
registrations for operation. The Department of Financial and
Professional Regulation may not issue less than the 60
registrations if there are qualified applicants who have
applied with the Department of Financial and Professional
Regulation. The organizations shall be geographically
dispersed throughout the State to allow all registered
qualifying patients reasonable proximity and access to a
dispensing organization.
(b) A dispensing organization may only operate if it has
been issued a registration from the Department of Financial and

09800SB1955ham002 - 33 - LRB098 05666 HEP 49187 a
Professional Regulation. The Department of Financial and
Professional Regulation shall adopt rules establishing the
procedures for applicants for dispensing organizations.
(c) When applying for a dispensing organization
registration, the applicant shall submit, at a minimum, the
following in accordance with Department of Financial and
Professional Regulation rules:
(1) a non-refundable application fee established by
rule;
(2) the proposed legal name of the dispensing
organization;
(3) the proposed physical address of the dispensing
organization;
(4) the name, address, and date of birth of each
principal officer, and board member, owner, and partner of
the dispensing organization, provided that all those
individuals shall be at least 21 years of age;
(5) information, in writing, regarding any instances
in which a business or not-for-profit that any of the
prospective board members managed or served on the board
was convicted, fined, censured, or had a registration
suspended or revoked in any administrative or judicial
proceeding;
(6) proposed operating by-laws that include procedures
for the oversight of the medical cannabis dispensing
organization and procedures to ensure accurate record

09800SB1955ham002 - 34 - LRB098 05666 HEP 49187 a
keeping and security measures that are in accordance with
the rules applied by the Department of Financial and
Professional Regulation under this Act. The by-laws shall
include a description of the enclosed, locked facility
where medical cannabis will be stored by the dispensing
organization; and
(7) signed statements from each dispensing
organization agent stating that they will not divert
medical cannabis.
(d) The Department of Financial and Professional
Regulation shall conduct a background check of the prospective
dispensing organization agents in order to carry out this
provision. The Department of State Police shall be reimbursed
for the cost of the background check by the Department of
Financial and Professional Regulation. Each person applying as
a dispensing organization agent shall submit a full set of
fingerprints to the Department of Financial and Professional
Regulation for the purpose of obtaining a state and federal
criminal records check. The Department of Financial and
Professional Regulation may exchange this data with the
Department of State Police and the Federal Bureau of
Investigation without disclosing that the records check is
related to this Act. The Department of Financial and
Professional Regulation shall destroy each set of fingerprints
after the criminal records check is completed.
(e) A dispensing organization must pay a registration fee

09800SB1955ham002 - 35 - LRB098 05666 HEP 49187 a
set by the Department of Financial and Professional Regulation.
(f) An application for a medical cannabis dispensing
organization registration must be denied if any of the
following conditions are met:
(1) the applicant failed to submit the materials
required by this Section, including if the applicant's
plans do not satisfy the security, oversight, or
recordkeeping rules issued by the Department of Financial
and Professional Regulation;
(2) the applicant would not be in compliance with local
zoning rules issued in accordance with Section 140;
(3) the applicant does not meet the requirements of
Section 130;
(4) one or more of the prospective principal officers,
or board members, owners, or partners has been convicted of
an excluded offense;
(5) one or more of the prospective principal officers,
or board members, owners, or partners has served as a
principal officer, or board member, owner, or partner for a
registered medical cannabis dispensing organization that
has had its registration revoked;
(6) one or more of the principal officers, or board
members, owners, or partners is under 21 years of age; and
(7) one or more of the principal officers, or board
members, owners, or partners is a registered qualified
patient or a registered caregiver.

09800SB1955ham002 - 36 - LRB098 05666 HEP 49187 a
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/120)
(Section scheduled to be repealed on January 1, 2018)
Sec. 120. Dispensing organization agent identification
card.
(a) The Department of Financial and Professional
Regulation shall:
(1) verify the information contained in an application
or renewal for a dispensing organization agent
identification card submitted under this Act, and approve
or deny an application or renewal, within 30 days of
receiving a completed application or renewal application
and all supporting documentation required by rule;
(2) issue a dispensing organization agent
identification card to a qualifying agent within 15
business days of approving the application or renewal;
(3) enter the registry identification number of the
dispensing organization where the agent works; and
(4) allow for an electronic application process, and
provide a confirmation by electronic or other methods that
an application has been submitted.
(b) A dispensing agent must keep his or her identification
card visible at all times when on the property of a dispensing
organization.
(c) The dispensing organization agent identification cards

09800SB1955ham002 - 37 - LRB098 05666 HEP 49187 a
shall contain the following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
dispensing organization agent identification cards;
(3) a random 10 digit alphanumeric identification
number containing at least 4 numbers and at least 4
letters; that is unique to the holder; and
(4) a photograph of the cardholder.
(d) The dispensing organization agent identification cards
shall be immediately returned to the dispensing organization
cultivation center upon termination of employment.
(e) Any card lost by a dispensing organization agent shall
be reported to the Illinois State Police and the Department of
Financial and Professional Regulation Agriculture immediately
upon discovery of the loss.
(f) An applicant shall be denied a dispensing organization
agent identification card if he or she has been convicted of an
excluded offense.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/125)
(Section scheduled to be repealed on January 1, 2018)
Sec. 125. Medical cannabis dispensing organization
certification renewal.
(a) The registered dispensing organization shall receive
written notice 90 days prior to the expiration of its current

09800SB1955ham002 - 38 - LRB098 05666 HEP 49187 a
registration that the registration will expire. The Department
of Financial and Professional Regulation shall grant a renewal
application within 45 days of its submission if the following
conditions are satisfied:
(1) the registered dispensing organization submits a
renewal application and the required renewal fee
established by the Department of Financial and
Professional Regulation rules; and
(2) the Department of Financial and Professional
Regulation has not suspended or revoked the registered
dispensing organization or suspended or revoked the
registration for violation of this Act or rules adopted
under this Act.
(b) If a dispensing organization fails to renew its
registration prior to expiration, the dispensing organization
shall cease operations until registration is renewed.
(c) If a dispensing organization agent fails to renew his
or her registration prior to its expiration, he or she shall
cease to work or volunteer at a dispensing organization until
his or her registration is renewed.
(d) Any dispensing organization that continues to operate
or dispensing agent that continues to work or volunteer at a
dispensing organization that fails to renew its registration
shall be subject to penalty as provided in Section 130.
(Source: P.A. 98-122, eff. 1-1-14.)

09800SB1955ham002 - 39 - LRB098 05666 HEP 49187 a
(410 ILCS 130/130.5 new)
Sec. 130.5. Cease and desist; Director of Financial and
Professional Regulation.
(a) If any person violates a provision of this Act, the
Director of Financial and Professional Regulation may, in the
name of the People of the State of Illinois, through the
Attorney General of the State of Illinois, petition for an
order enjoining the violation or for an order enforcing
compliance with this Act. Upon the filing of a verified
petition in court, the court may issue a temporary restraining
order, without notice or bond, and may preliminarily and
permanently enjoin the violation. If it is established that the
person has violated or is violating the injunction, the court
may punish the offender for contempt of court. Proceedings
under this Section are in addition to, and not in lieu of, all
other remedies and penalties provided by this Act.
(b) If any person, entity, or other business sells cannabis
to a qualifying patient or caregiver without having a valid
license under this Act, then any licensee, any interested
party, or any person injured thereby may, in addition to the
Director of Financial and Professional Regulation, petition
for relief as provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department of Financial
and Professional Regulation any person, entity, or other
business violates any provision of this Act, the Department of
Financial and Professional Regulation may issue a rule to show

09800SB1955ham002 - 40 - LRB098 05666 HEP 49187 a
cause why an order to cease and desist should not be entered
against such person, firm, or other entity. The rule shall
clearly set forth the grounds relied upon by the Department of
Financial and Professional Regulation and shall provide a
period of at least 7 days from the date of the rule to file an
answer to the satisfaction of the Department. If the person,
firm, or other entity fails to file an answer satisfactory to
the Department of Financial and Professional Regulation, the
matter shall be considered as a default and the Department of
Financial and Professional Regulation may cause an order to
cease and desist to be issued immediately.
(410 ILCS 130/140)
(Section scheduled to be repealed on January 1, 2018)
Sec. 140. Local ordinances. A unit of local government may
enact reasonable zoning ordinances or resolutions, not in
conflict with this Act or with Department of Agriculture,
Department of Financial and Professional Regulation, or
Department of Public Health rules, regulating registered
medical cannabis cultivation center or medical cannabis
dispensing organizations. No unit of local government,
including a home rule unit, or school district may regulate
registered medical cannabis organizations other than as
provided in this Act and may not unreasonably prohibit the
cultivation, dispensing, and use of medical cannabis
authorized by this Act. This Section is a denial and limitation

09800SB1955ham002 - 41 - LRB098 05666 HEP 49187 a
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/165)
(Section scheduled to be repealed on January 1, 2018)
Sec. 165. Administrative rulemaking.
(a) Not later than 120 days after the effective date of
this Act, the Department of Public Health, Department of
Agriculture, Department of State Police, and the Department of
Financial and Professional Regulation shall develop rules in
accordance to their responsibilities under this Act and file
those rules with the Joint Committee on Administrative Rules.
(b) The Department of Public Health rules shall address,
but not be limited to, the following:
(1) fees for applications for registration as a
qualified patient or caregiver;
(2) establishing the form and content of registration
and renewal applications submitted under this Act,
including a standard form for written certifications;
(3) governing the manner in which it shall consider
applications for and renewals of registry identification
cards;
(4) the manufacture of medical cannabis-infused
products;

09800SB1955ham002 - 42 - LRB098 05666 HEP 49187 a
(5) fees for the application and renewal of registry
identification cards. Fee revenue may be offset or
supplemented by private donations;
(6) any other matters as are necessary for the fair,
impartial, stringent, and comprehensive administration of
this Act; and
(7) reasonable rules concerning the medical use of
cannabis at a nursing care institution, hospice, assisted
living center, assisted living facility, assisted living
home, residential care institution, or adult day health
care facility.
(c) The Department of Agriculture rules shall address, but
not be limited to the following related to registered
cultivation centers, with the goal of protecting against
diversion and theft, without imposing an undue burden on the
registered cultivation centers:
(1) oversight requirements for registered cultivation
centers;
(2) recordkeeping requirements for registered
cultivation centers;
(3) security requirements for registered cultivation
centers, which shall include that each registered
cultivation center location must be protected by a fully
operational security alarm system;
(4) rules and standards for what constitutes an
enclosed, locked facility under this Act;

09800SB1955ham002 - 43 - LRB098 05666 HEP 49187 a
(5) procedures for suspending or revoking the
registration certificates or registry identification cards
of registered cultivation centers and their agents that
commit violations of the provisions of this Act or the
rules adopted under this Section;
(6) rules concerning the intrastate transportation of
medical cannabis from a cultivation center to a dispensing
organization;
(7) standards concerning the testing, quality, and
cultivation of medical cannabis;
(8) any other matters as are necessary for the fair,
impartial, stringent, and comprehensive administration of
this Act;
(9) application and renewal fees for cultivation
center agents; and
(10) application, renewal, and registration fees for
cultivation centers.
(d) The Department of Financial and Professional
Regulation rules shall address, but not be limited to the
following matters related to registered dispensing
organizations, with the goal of protecting against diversion
and theft, without imposing an undue burden on the registered
dispensing organizations or compromising the confidentiality
of cardholders:
(1) application and renewal and registration fees for
dispensing organizations and dispensing organizations

09800SB1955ham002 - 44 - LRB098 05666 HEP 49187 a
agents;
(2) medical cannabis dispensing agent-in-charge
oversight requirements for dispensing organizations;
(3) recordkeeping requirements for dispensing
organizations;
(4) security requirements for medical cannabis
dispensing organizations, which shall include that each
registered dispensing organization location must be
protected by a fully operational security alarm system; and
(5) procedures for suspending or suspending the
registrations of dispensing organizations and dispensing
organization agents that commit violations of the
provisions of this Act or the rules adopted under this
Act. ;
(6) application and renewal fees for dispensing
organizations; and
(7) application and renewal fees for dispensing
organization agents.
(e) The Department of Public Health may establish a sliding
scale of patient application and renewal fees based upon a
qualifying patient's household income. The Department of
Public health may accept donations from private sources to
reduce application and renewal fees, and registry
identification card fees shall include an additional fee set by
rule which shall be used to develop and disseminate educational
information about the health risks associated with the abuse of

09800SB1955ham002 - 45 - LRB098 05666 HEP 49187 a
cannabis and prescription medications.
(f) During the rule-making process, each Department shall
make a good faith effort to consult with stakeholders
identified in the rule-making analysis as being impacted by the
rules, including patients or a representative of an
organization advocating on behalf of patients.
(g) The Department of Public Health shall develop and
disseminate educational information about the health risks
associated with the abuse of cannabis and prescription
medications.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/170)
(Section scheduled to be repealed on January 1, 2018)
Sec. 170. Enforcement of this Act.
(a) If a Department fails to adopt rules to implement this
Act within the times provided for in this Act, any citizen may
commence a mandamus action in the Circuit Court to compel the
Departments to perform the actions mandated under the
provisions of this Act.
(b) If the Department of Public Health, Department of
Agriculture, or Department of Financial and Professional
Regulation fails to issue a valid agent or registry
identification card in response to a valid application or
renewal submitted under this Act or fails to issue a verbal or
written notice of denial of the application within 30 days of

09800SB1955ham002 - 46 - LRB098 05666 HEP 49187 a
its submission, the agent or registry identification card is
deemed granted, and a copy of the agent or registry
identification card application, including a valid written
certification in the case of patients, or renewal shall be
deemed a valid agent or registry identification card.
(c) Authorized employees of State or local law enforcement
agencies shall immediately notify the Department of Public
Health when any person in possession of a registry
identification card has been determined by a court of law to
have willfully violated the provisions of this Act or has pled
guilty to the offense.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/175)
(Section scheduled to be repealed on January 1, 2018)
Sec. 175. Administrative hearings. All administrative
hearings under this Act shall be conducted in accordance with
each respective department's the Department of Public Health's
rules governing administrative hearings.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/185)
(Section scheduled to be repealed on January 1, 2018)
Sec. 185. Final discipline Suspension revocation of a
registration.
(a) The Department of Agriculture, the Department of

09800SB1955ham002 - 47 - LRB098 05666 HEP 49187 a
Financial and Professional Regulation, and the Department of
Public Health may suspend or revoke a registration for
violations of this Act and rules issued in accordance with this
Section.
(b) The suspension, or revocation, reprimand, probation,
refusal to renew, refusal to issue, or fine order of a
registration is a final Department action, subject to judicial
review. Jurisdiction and venue for judicial review are vested
in the Circuit Court.
(Source: P.A. 98-122, eff. 1-1-14.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 2-118.1, 6-118, 6-206.1, 6-208.1, 6-514,
11-501.1, and 11-501.2 and by adding Sections 2-118.2 and
11-501.9 as follows:
(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
Sec. 2-118.1. Opportunity for hearing; statutory summary
alcohol or other drug related suspension or revocation pursuant
to Section 11-501.1.
(a) A statutory summary suspension or revocation of driving
privileges under Section 11-501.1 shall not become effective
until the person is notified in writing of the impending
suspension or revocation and informed that he may request a
hearing in the circuit court of venue under paragraph (b) of
this Section and the statutory summary suspension or revocation

09800SB1955ham002 - 48 - LRB098 05666 HEP 49187 a
shall become effective as provided in Section 11-501.1.
(b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section 11-501.1, the
person may make a written request for a judicial hearing in the
circuit court of venue. The request to the circuit court shall
state the grounds upon which the person seeks to have the
statutory summary suspension or revocation rescinded. Within
30 days after receipt of the written request or the first
appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a
local ordinance, the hearing shall be conducted by the circuit
court having jurisdiction. This judicial hearing, request, or
process shall not stay or delay the statutory summary
suspension or revocation. The hearings shall proceed in the
court in the same manner as in other civil proceedings.
The hearing may be conducted upon a review of the law
enforcement officer's own official reports; provided however,
that the person may subpoena the officer. Failure of the
officer to answer the subpoena shall be considered grounds for
a continuance if in the court's discretion the continuance is
appropriate.
The scope of the hearing shall be limited to the issues of:
1. Whether the person was placed under arrest for an
offense as defined in Section 11-501, or a similar
provision of a local ordinance, as evidenced by the
issuance of a Uniform Traffic Ticket, or issued a Uniform

09800SB1955ham002 - 49 - LRB098 05666 HEP 49187 a
Traffic Ticket out of state as provided in subsection (a)
or (a-5) of Section 11-501.1; and
2. Whether the officer had reasonable grounds to
believe that the person was driving or in actual physical
control of a motor vehicle upon a highway while under the
influence of alcohol, other drug, or combination of both;
and
3. Whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended or revoked if the person refused to submit to
and complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol or drug concentration authorized under Section
11-501.1; or
4. Whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended if the person submits to a chemical test, or
tests, and the test discloses an alcohol concentration of
0.08 or more, or any amount of a drug, substance, or
compound in the person's blood or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, and the person did

09800SB1955ham002 - 50 - LRB098 05666 HEP 49187 a
submit to and complete the test or tests that determined an
alcohol concentration of 0.08 or more.
4.2. (Blank). If the person is a qualifying patient
licensed under the Compassionate Use of Medical Cannabis
Pilot Program Act who is in possession of a valid registry
card issued under that Act, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended or revoked if the person refused to submit to
and complete the test or tests, did refuse to submit to or
complete the test or tests authorized under Section
11-501.1.
4.5. (Blank). If the person is a qualifying patient
licensed under the Compassionate Use of Medical Cannabis
Pilot Program Act who is in possession of a valid registry
card issued under that Act, whether that person, after
being advised by the officer that the privilege to operate
a motor vehicle would be suspended if the person submits to
a standardized field sobriety test, or tests, and the test
indicates impairment resulting from the consumption of
cannabis, did submit to and complete the test or tests that
indicated impairment.
5. If the person's driving privileges were revoked,
whether the person was involved in a motor vehicle accident
that caused Type A injury or death to another.
Upon the conclusion of the judicial hearing, the circuit
court shall sustain or rescind the statutory summary suspension

09800SB1955ham002 - 51 - LRB098 05666 HEP 49187 a
or revocation and immediately notify the Secretary of State.
Reports received by the Secretary of State under this Section
shall be privileged information and for use only by the courts,
police officers, and Secretary of State.
(Source: P.A. 98-122, eff. 1-1-14.)
(625 ILCS 5/2-118.2 new)
Sec. 2-118.2. Opportunity for hearing; medical
cannabis-related suspension under Section 11-501.9.
(a) A suspension of driving privileges under Section
11-501.9 shall not become effective until the person is
notified in writing of the impending suspension and informed
that he or she may request a hearing in the circuit court of
venue under subsection (b) of this Section and the suspension
shall become effective as provided in Section 11-501.9.
(b) Within 90 days after the notice of suspension served
under Section 11-501.9, the person may make a written request
for a judicial hearing in the circuit court of venue. The
request to the circuit court shall state the grounds upon which
the person seeks to have the suspension rescinded. Within 30
days after receipt of the written request or the first
appearance date on the Uniform Traffic Ticket issued for a
violation of Section 11-501, or a similar provision of a local
ordinance, the hearing shall be conducted by the circuit court
having jurisdiction. This judicial hearing, request, or
process shall not stay or delay the suspension. The hearing

09800SB1955ham002 - 52 - LRB098 05666 HEP 49187 a
shall proceed in the court in the same manner as in civil
proceedings.
The hearing may be conducted upon a review of the law
enforcement officer's own official reports; provided however,
that the person may subpoena the officer. Failure of the
officer to answer the subpoena shall be considered grounds for
a continuance if in the court's discretion the continuance is
appropriate.
The scope of the hearing shall be limited to the issues of:
(1) whether the person was issued a registry
identification card under the Compassionate Use of Medical
Cannabis Pilot Program Act;
(2) whether the officer had reasonable suspicion to
believe that the person was driving or in actual physical
control of a motor vehicle upon a highway while impaired by
the use of cannabis;
(3) whether the person refused to submit to or complete
the standardized field sobriety tests; and
(4) whether the person submitted to standardized field
sobriety tests that disclosed that the person was impaired
by the use of cannabis.
Upon the conclusion of the judicial hearing, the circuit
court shall sustain or rescind the suspension and immediately
notify the Secretary of State.
(625 ILCS 5/6-118)

09800SB1955ham002 - 53 - LRB098 05666 HEP 49187 a
(Text of Section before amendment by P.A. 98-176)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person

09800SB1955ham002 - 54 - LRB098 05666 HEP 49187 a
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:

09800SB1955ham002 - 55 - LRB098 05666 HEP 49187 a
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,

09800SB1955ham002 - 56 - LRB098 05666 HEP 49187 a
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Summary suspension under Section 11-501.1...........$250

09800SB1955ham002 - 57 - LRB098 05666 HEP 49187 a
Suspension under Section 11-501.9....................$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501, or
11-501.1, or 11-501.9 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of
Section 11-501, or 11-501.1, or 11-501.9 of this Code or a
similar provision of a local ordinance or a similar
out-of-state offense or Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 shall pay, in addition to any
other fees required by this Code, a reinstatement fee as
follows:
Summary suspension under Section 11-501.1............$500
Suspension under Section 11-501.9....................$500
Summary revocation under Section 11-501.1............$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:

09800SB1955ham002 - 58 - LRB098 05666 HEP 49187 a
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 or 11-501.9
shall be deposited into the Drunk and Drugged Driving
Prevention Fund. However, for a person whose license or
privilege to operate a motor vehicle in this State has been
suspended or revoked for a second or subsequent time for a
violation of Section 11-501, or 11-501.1, or 11-501.9 of
this Code or Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, $190 of the $500 fee for
reinstatement of a license summarily suspended under
Section 11-501.1 or 11-501.9, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.

09800SB1955ham002 - 59 - LRB098 05666 HEP 49187 a
3. $6 of such original or renewal fee for a commercial
driver's license and $6 of the commercial driver
instruction permit fee when such permit is issued to any
person holding a valid Illinois driver's license, shall be
paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial driver instruction permit
shall be paid into the Motor Carrier Safety Inspection
Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1 or 11-501.9;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
(d) All of the proceeds of the additional fees imposed by

09800SB1955ham002 - 60 - LRB098 05666 HEP 49187 a
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-177, eff. 1-1-14.)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2

09800SB1955ham002 - 61 - LRB098 05666 HEP 49187 a
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5

09800SB1955ham002 - 62 - LRB098 05666 HEP 49187 a
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;

09800SB1955ham002 - 63 - LRB098 05666 HEP 49187 a
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial learner's permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial learner's permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.

09800SB1955ham002 - 64 - LRB098 05666 HEP 49187 a
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Summary suspension under Section 11-501.1...........$250
Suspension under Section 11-501.9....................$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501, or
11-501.1, or 11-501.9 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of

09800SB1955ham002 - 65 - LRB098 05666 HEP 49187 a
Section 11-501, or 11-501.1, or 11-501.9 of this Code or a
similar provision of a local ordinance or a similar
out-of-state offense or Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 shall pay, in addition to any
other fees required by this Code, a reinstatement fee as
follows:
Summary suspension under Section 11-501.1............$500
Suspension under Section 11-501.9....................$500
Summary revocation under Section 11-501.1............$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license

09800SB1955ham002 - 66 - LRB098 05666 HEP 49187 a
summarily suspended under Section 11-501.1 or 11-501.9
shall be deposited into the Drunk and Drugged Driving
Prevention Fund. However, for a person whose license or
privilege to operate a motor vehicle in this State has been
suspended or revoked for a second or subsequent time for a
violation of Section 11-501, or 11-501.1, or 11-501.9 of
this Code or Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, $190 of the $500 fee for
reinstatement of a license summarily suspended under
Section 11-501.1 or 11-501.9, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.
3. $6 of the original or renewal fee for a commercial
driver's license and $6 of the commercial learner's permit
fee when the permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet/NMVTIS Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.

09800SB1955ham002 - 67 - LRB098 05666 HEP 49187 a
6. $20 of any original or renewal fee for a commercial
driver's license or commercial learner's permit shall be
paid into the Motor Carrier Safety Inspection Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1 or 11-501.9;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.

09800SB1955ham002 - 68 - LRB098 05666 HEP 49187 a
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-176, eff. 7-1-14; 98-177, eff. 1-1-14; revised 9-19-13.)
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
Sec. 6-206.1. Monitoring Device Driving Permit.
Declaration of Policy. It is hereby declared a policy of the
State of Illinois that the driver who is impaired by alcohol,
other drug or drugs, or intoxicating compound or compounds is a
threat to the public safety and welfare. Therefore, to provide
a deterrent to such practice, a statutory summary driver's
license suspension is appropriate. It is also recognized that
driving is a privilege and therefore, that the granting of
driving privileges, in a manner consistent with public safety,
is warranted during the period of suspension in the form of a
monitoring device driving permit. A person who drives and fails
to comply with the requirements of the monitoring device
driving permit commits a violation of Section 6-303 of this
Code.
The following procedures shall apply whenever a first
offender, as defined in Section 11-500 of this Code, is
arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance and is subject to the
provisions of Section 11-501.1:
(a) Upon mailing of the notice of suspension of driving
privileges as provided in subsection (h) of Section 11-501.1 of
this Code, the Secretary shall also send written notice

09800SB1955ham002 - 69 - LRB098 05666 HEP 49187 a
informing the person that he or she will be issued a monitoring
device driving permit (MDDP). The notice shall include, at
minimum, information summarizing the procedure to be followed
for issuance of the MDDP, installation of the breath alcohol
ignition installation device (BAIID), as provided in this
Section, exemption from BAIID installation requirements, and
procedures to be followed by those seeking indigent status, as
provided in this Section. The notice shall also include
information summarizing the procedure to be followed if the
person wishes to decline issuance of the MDDP. A copy of the
notice shall also be sent to the court of venue together with
the notice of suspension of driving privileges, as provided in
subsection (h) of Section 11-501. However, a MDDP shall not be
issued if the Secretary finds that:
(1) The offender's driver's license is otherwise
invalid;
(2) Death or great bodily harm resulted from the arrest
for Section 11-501;
(3) The offender has been previously convicted of
reckless homicide or aggravated driving under the
influence involving death;
(4) The offender is less than 18 years of age; or
(5) The offender is a qualifying patient licensed under
the Compassionate Use of Medical Cannabis Pilot Program Act
who is in possession of a valid registry card issued under
that Act and refused to submit to standardized field

09800SB1955ham002 - 70 - LRB098 05666 HEP 49187 a
sobriety tests as required by subsection (a) (a-5) of
Section 11-501.9 11-501.1 or did submit to testing and
failed the test or tests.
Any offender participating in the MDDP program must pay the
Secretary a MDDP Administration Fee in an amount not to exceed
$30 per month, to be deposited into the Monitoring Device
Driving Permit Administration Fee Fund. The Secretary shall
establish by rule the amount and the procedures, terms, and
conditions relating to these fees. The offender must have an
ignition interlock device installed within 14 days of the date
the Secretary issues the MDDP. The ignition interlock device
provider must notify the Secretary, in a manner and form
prescribed by the Secretary, of the installation. If the
Secretary does not receive notice of installation, the
Secretary shall cancel the MDDP.
A MDDP shall not become effective prior to the 31st day of
the original statutory summary suspension.
Upon receipt of the notice, as provided in paragraph (a) of
this Section, the person may file a petition to decline
issuance of the MDDP with the court of venue. The court shall
admonish the offender of all consequences of declining issuance
of the MDDP including, but not limited to, the enhanced
penalties for driving while suspended. After being so
admonished, the offender shall be permitted, in writing, to
execute a notice declining issuance of the MDDP. This notice
shall be filed with the court and forwarded by the clerk of the

09800SB1955ham002 - 71 - LRB098 05666 HEP 49187 a
court to the Secretary. The offender may, at any time
thereafter, apply to the Secretary for issuance of a MDDP.
(a-1) A person issued a MDDP may drive for any purpose and
at any time, subject to the rules adopted by the Secretary
under subsection (g). The person must, at his or her own
expense, drive only vehicles equipped with an ignition
interlock device as defined in Section 1-129.1, but in no event
shall such person drive a commercial motor vehicle.
(a-2) Persons who are issued a MDDP and must drive
employer-owned vehicles in the course of their employment
duties may seek permission to drive an employer-owned vehicle
that does not have an ignition interlock device. The employer
shall provide to the Secretary a form, as prescribed by the
Secretary, completed by the employer verifying that the
employee must drive an employer-owned vehicle in the course of
employment. If approved by the Secretary, the form must be in
the driver's possession while operating an employer-owner
vehicle not equipped with an ignition interlock device. No
person may use this exemption to drive a school bus, school
vehicle, or a vehicle designed to transport more than 15
passengers. No person may use this exemption to drive an
employer-owned motor vehicle that is owned by an entity that is
wholly or partially owned by the person holding the MDDP, or by
a family member of the person holding the MDDP. No person may
use this exemption to drive an employer-owned vehicle that is
made available to the employee for personal use. No person may

09800SB1955ham002 - 72 - LRB098 05666 HEP 49187 a
drive the exempted vehicle more than 12 hours per day, 6 days
per week.
(a-3) Persons who are issued a MDDP and who must drive a
farm tractor to and from a farm, within 50 air miles from the
originating farm are exempt from installation of a BAIID on the
farm tractor, so long as the farm tractor is being used for the
exclusive purpose of conducting farm operations.
(b) (Blank).
(c) (Blank).
(c-1) If the holder of the MDDP is convicted of or receives
court supervision for a violation of Section 6-206.2, 6-303,
11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
provision of a local ordinance or a similar out-of-state
offense or is convicted of or receives court supervision for
any offense for which alcohol or drugs is an element of the
offense and in which a motor vehicle was involved (for an
arrest other than the one for which the MDDP is issued), or
de-installs the BAIID without prior authorization from the
Secretary, the MDDP shall be cancelled.
(c-5) If the Secretary determines that the person seeking
the MDDP is indigent, the Secretary shall provide the person
with a written document as evidence of that determination, and
the person shall provide that written document to an ignition
interlock device provider. The provider shall install an
ignition interlock device on that person's vehicle without
charge to the person, and seek reimbursement from the Indigent

09800SB1955ham002 - 73 - LRB098 05666 HEP 49187 a
BAIID Fund. If the Secretary has deemed an offender indigent,
the BAIID provider shall also provide the normal monthly
monitoring services and the de-installation without charge to
the offender and seek reimbursement from the Indigent BAIID
Fund. Any other monetary charges, such as a lockout fee or
reset fee, shall be the responsibility of the MDDP holder. A
BAIID provider may not seek a security deposit from the
Indigent BAIID Fund.
(d) MDDP information shall be available only to the courts,
police officers, and the Secretary, except during the actual
period the MDDP is valid, during which time it shall be a
public record.
(e) (Blank).
(f) (Blank).
(g) The Secretary shall adopt rules for implementing this
Section. The rules adopted shall address issues including, but
not limited to: compliance with the requirements of the MDDP;
methods for determining compliance with those requirements;
the consequences of noncompliance with those requirements;
what constitutes a violation of the MDDP; methods for
determining indigency; and the duties of a person or entity
that supplies the ignition interlock device.
(h) The rules adopted under subsection (g) shall provide,
at a minimum, that the person is not in compliance with the
requirements of the MDDP if he or she:
(1) tampers or attempts to tamper with or circumvent

09800SB1955ham002 - 74 - LRB098 05666 HEP 49187 a
the proper operation of the ignition interlock device;
(2) provides valid breath samples that register blood
alcohol levels in excess of the number of times allowed
under the rules;
(3) fails to provide evidence sufficient to satisfy the
Secretary that the ignition interlock device has been
installed in the designated vehicle or vehicles; or
(4) fails to follow any other applicable rules adopted
by the Secretary.
(i) Any person or entity that supplies an ignition
interlock device as provided under this Section shall, in
addition to supplying only those devices which fully comply
with all the rules adopted under subsection (g), provide the
Secretary, within 7 days of inspection, all monitoring reports
of each person who has had an ignition interlock device
installed. These reports shall be furnished in a manner or form
as prescribed by the Secretary.
(j) Upon making a determination that a violation of the
requirements of the MDDP has occurred, the Secretary shall
extend the summary suspension period for an additional 3 months
beyond the originally imposed summary suspension period,
during which time the person shall only be allowed to drive
vehicles equipped with an ignition interlock device; provided
further there are no limitations on the total number of times
the summary suspension may be extended. The Secretary may,
however, limit the number of extensions imposed for violations

09800SB1955ham002 - 75 - LRB098 05666 HEP 49187 a
occurring during any one monitoring period, as set forth by
rule. Any person whose summary suspension is extended pursuant
to this Section shall have the right to contest the extension
through a hearing with the Secretary, pursuant to Section 2-118
of this Code. If the summary suspension has already terminated
prior to the Secretary receiving the monitoring report that
shows a violation, the Secretary shall be authorized to suspend
the person's driving privileges for 3 months, provided that the
Secretary may, by rule, limit the number of suspensions to be
entered pursuant to this paragraph for violations occurring
during any one monitoring period. Any person whose license is
suspended pursuant to this paragraph, after the summary
suspension had already terminated, shall have the right to
contest the suspension through a hearing with the Secretary,
pursuant to Section 2-118 of this Code. The only permit the
person shall be eligible for during this new suspension period
is a MDDP.
(k) A person who has had his or her summary suspension
extended for the third time, or has any combination of 3
extensions and new suspensions, entered as a result of a
violation that occurred while holding the MDDP, so long as the
extensions and new suspensions relate to the same summary
suspension, shall have his or her vehicle impounded for a
period of 30 days, at the person's own expense. A person who
has his or her summary suspension extended for the fourth time,
or has any combination of 4 extensions and new suspensions,

09800SB1955ham002 - 76 - LRB098 05666 HEP 49187 a
entered as a result of a violation that occurred while holding
the MDDP, so long as the extensions and new suspensions relate
to the same summary suspension, shall have his or her vehicle
subject to seizure and forfeiture. The Secretary shall notify
the prosecuting authority of any third or fourth extensions or
new suspension entered as a result of a violation that occurred
while the person held a MDDP. Upon receipt of the notification,
the prosecuting authority shall impound or forfeit the vehicle.
The impoundment or forfeiture of a vehicle shall be conducted
pursuant to the procedure specified in Article 36 of the
Criminal Code of 2012.
(l) A person whose driving privileges have been suspended
under Section 11-501.1 of this Code and who had a MDDP that was
cancelled, or would have been cancelled had notification of a
violation been received prior to expiration of the MDDP,
pursuant to subsection (c-1) of this Section, shall not be
eligible for reinstatement when the summary suspension is
scheduled to terminate. Instead, the person's driving
privileges shall be suspended for a period of not less than
twice the original summary suspension period, or for the length
of any extensions entered under subsection (j), whichever is
longer. During the period of suspension, the person shall be
eligible only to apply for a restricted driving permit. If a
restricted driving permit is granted, the offender may only
operate vehicles equipped with a BAIID in accordance with this
Section.

09800SB1955ham002 - 77 - LRB098 05666 HEP 49187 a
(m) Any person or entity that supplies an ignition
interlock device under this Section shall, for each ignition
interlock device installed, pay 5% of the total gross revenue
received for the device, including monthly monitoring fees,
into the Indigent BAIID Fund. This 5% shall be clearly
indicated as a separate surcharge on each invoice that is
issued. The Secretary shall conduct an annual review of the
fund to determine whether the surcharge is sufficient to
provide for indigent users. The Secretary may increase or
decrease this surcharge requirement as needed.
(n) Any person or entity that supplies an ignition
interlock device under this Section that is requested to
provide an ignition interlock device to a person who presents
written documentation of indigency from the Secretary, as
provided in subsection (c-5) of this Section, shall install the
device on the person's vehicle without charge to the person and
shall seek reimbursement from the Indigent BAIID Fund.
(o) The Indigent BAIID Fund is created as a special fund in
the State treasury. The Secretary shall, subject to
appropriation by the General Assembly, use all money in the
Indigent BAIID Fund to reimburse ignition interlock device
providers who have installed devices in vehicles of indigent
persons. The Secretary shall make payments to such providers
every 3 months. If the amount of money in the fund at the time
payments are made is not sufficient to pay all requests for
reimbursement submitted during that 3 month period, the

09800SB1955ham002 - 78 - LRB098 05666 HEP 49187 a
Secretary shall make payments on a pro-rata basis, and those
payments shall be considered payment in full for the requests
submitted.
(p) The Monitoring Device Driving Permit Administration
Fee Fund is created as a special fund in the State treasury.
The Secretary shall, subject to appropriation by the General
Assembly, use the money paid into this fund to offset its
administrative costs for administering MDDPs.
(q) The Secretary is authorized to prescribe such forms as
it deems necessary to carry out the provisions of this Section.
(Source: P.A. 97-229; 97-813, eff. 7-13-12; 97-1150, eff.
1-25-13; 98-122, eff. 1-1-14.)
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
(Text of Section from P.A. 96-1526 and 98-122)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension.
(a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor vehicle
on the public highways has been summarily suspended, pursuant
to Section 11-501.1, shall not be eligible for restoration of
the privilege until the expiration of:
1. Twelve months from the effective date of the
statutory summary suspension for a refusal or failure to
complete a test or tests to determine the alcohol, drug, or
intoxicating compound concentration authorized under

09800SB1955ham002 - 79 - LRB098 05666 HEP 49187 a
Section 11-501.1; or
2. Six months from the effective date of the statutory
summary suspension imposed following the person's
submission to a chemical test which disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in such person's
breath, blood, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act,
a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use
of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, pursuant to Section 11-501.1; or
3. Three years from the effective date of the statutory
summary suspension for any person other than a first
offender who refuses or fails to complete a test or tests
to determine the alcohol, drug, or intoxicating compound
concentration pursuant to Section 11-501.1; or
4. One year from the effective date of the summary
suspension imposed for any person other than a first
offender following submission to a chemical test which
disclosed an alcohol concentration of 0.08 or more pursuant
to Section 11-501.1 or any amount of a drug, substance or
compound in such person's blood or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the

09800SB1955ham002 - 80 - LRB098 05666 HEP 49187 a
Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act. ; or
5. (Blank). Six months from the effective date of the
statutory summary suspension imposed for any person
following submission to a standardized field sobriety test
that disclosed impairment if the person is a qualifying
patient licensed under the Compassionate Use of Medical
Cannabis Pilot Program Act who is in possession of a valid
registry card issued under that Act and submitted to
testing under subsection (a-5) of Section 11-501.1.
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
driving privileges shall be restored unless the person is
otherwise suspended, revoked, or cancelled by this Code. If the
court has reason to believe that the person's driving privilege
should not be restored, the court shall notify the Secretary of
State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to this
Code.
(c) Driving privileges may not be restored until all
applicable reinstatement fees, as provided by this Code, have
been paid to the Secretary of State and the appropriate entry
made to the driver's record.
(d) Where a driving privilege has been summarily suspended

09800SB1955ham002 - 81 - LRB098 05666 HEP 49187 a
under Section 11-501.1 and the person is subsequently convicted
of violating Section 11-501, or a similar provision of a local
ordinance, for the same incident, any period served on
statutory summary suspension shall be credited toward the
minimum period of revocation of driving privileges imposed
pursuant to Section 6-205.
(e) (Blank).
(f) (Blank).
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender, as defined in Section 11-500, the
Secretary of State may not issue a restricted driving permit.
(h) (Blank).
(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
eff. 8-21-08; 96-1526, eff. 2-14-11; 98-122, eff. 1-1-14.)
(Text of Section from P.A. 96-1344, 97-229, and 98-122)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension or
revocation.
(a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor vehicle
on the public highways has been summarily suspended, pursuant
to Section 11-501.1, shall not be eligible for restoration of
the privilege until the expiration of:
1. Twelve months from the effective date of the

09800SB1955ham002 - 82 - LRB098 05666 HEP 49187 a
statutory summary suspension for a refusal or failure to
complete a test or tests to determine the alcohol, drug, or
intoxicating compound concentration authorized under
Section 11-501.1, if the person was not involved in a motor
vehicle crash that caused personal injury or death to
another; or
2. Six months from the effective date of the statutory
summary suspension imposed following the person's
submission to a chemical test which disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in such person's
breath, blood, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act,
a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use
of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, pursuant to Section 11-501.1; or
3. Three years from the effective date of the statutory
summary suspension for any person other than a first
offender who refuses or fails to complete a test or tests
to determine the alcohol, drug, or intoxicating compound
concentration pursuant to Section 11-501.1; or
4. One year from the effective date of the summary
suspension imposed for any person other than a first
offender following submission to a chemical test which

09800SB1955ham002 - 83 - LRB098 05666 HEP 49187 a
disclosed an alcohol concentration of 0.08 or more pursuant
to Section 11-501.1 or any amount of a drug, substance or
compound in such person's blood or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act. ; or
5. (Blank). Six months from the effective date of the
statutory summary suspension imposed for any person
following submission to a standardized field sobriety test
that disclosed impairment if the person is a qualifying
patient licensed under the Compassionate Use of Medical
Cannabis Pilot Program Act who is in possession of a valid
registry card issued under that Act and submitted to
testing under subsection (a-5) of Section 11-501.1.
(a-1) Unless the statutory summary revocation has been
rescinded, any person whose privilege to drive has been
summarily revoked pursuant to Section 11-501.1 may not make
application for a license or permit until the expiration of one
year from the effective date of the summary revocation.
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
driving privileges shall be restored unless the person is
otherwise suspended, revoked, or cancelled by this Code. If the

09800SB1955ham002 - 84 - LRB098 05666 HEP 49187 a
court has reason to believe that the person's driving privilege
should not be restored, the court shall notify the Secretary of
State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to this
Code.
(c) Driving privileges may not be restored until all
applicable reinstatement fees, as provided by this Code, have
been paid to the Secretary of State and the appropriate entry
made to the driver's record.
(d) Where a driving privilege has been summarily suspended
or revoked under Section 11-501.1 and the person is
subsequently convicted of violating Section 11-501, or a
similar provision of a local ordinance, for the same incident,
any period served on statutory summary suspension or revocation
shall be credited toward the minimum period of revocation of
driving privileges imposed pursuant to Section 6-205.
(e) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first offender,
the circuit court shall, unless the offender has opted in
writing not to have a monitoring device driving permit issued,
order the Secretary of State to issue a monitoring device
driving permit as provided in Section 6-206.1. A monitoring
device driving permit shall not be effective prior to the 31st
day of the statutory summary suspension. A first offender who
refused chemical testing and whose driving privileges were
summarily revoked pursuant to Section 11-501.1 shall not be

09800SB1955ham002 - 85 - LRB098 05666 HEP 49187 a
eligible for a monitoring device driving permit, but may make
application for reinstatement or for a restricted driving
permit after a period of one year has elapsed from the
effective date of the revocation.
(f) (Blank).
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender, as defined in Section 11-500, the
Secretary of State may not issue a restricted driving permit.
(h) (Blank).
(Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11;
98-122, eff. 1-1-14.)
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
(Text of Section before amendment by P.A. 98-176)
Sec. 6-514. Commercial Driver's License (CDL) -
Disqualifications.
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a test
or tests authorized under Section 11-501.1 while driving a
commercial motor vehicle or, if the driver is a CDL holder,
while driving a non-CMV; or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath or

09800SB1955ham002 - 86 - LRB098 05666 HEP 49187 a
urine is at least 0.04, or any amount of a drug, substance,
or compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn
report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, or urine was
above the legal limit defined in Section 11-501.1 or
11-501.8 or any amount of a drug, substance, or compound in
the person's blood or urine resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other
verified evidence while holding a commercial driver's
license; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CDL holder, driving a non-CMV while under
the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such
person incapable of safely driving; or

09800SB1955ham002 - 87 - LRB098 05666 HEP 49187 a
(ii) Knowingly leaving the scene of an accident
while operating a commercial motor vehicle or, if the
driver is a CDL holder, while driving a non-CMV; or
(iii) Driving a commercial motor vehicle or, if the
driver is a CDL holder, driving a non-CMV while
committing any felony; or
(iv) Driving a commercial motor vehicle while the
person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and
negligent homicide.
As used in this subdivision (a)(3)(v), "motor
vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 and aggravated driving under the
influence of alcohol, other drug or drugs,

09800SB1955ham002 - 88 - LRB098 05666 HEP 49187 a
intoxicating compound or compounds, or any combination
thereof under subdivision (d)(1)(F) of Section 11-501
of this Code.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period of
not less than 3 years ; or
(4) If the person is a qualifying patient licensed
under the Compassionate Use of Medical Cannabis Pilot
Program Act who is in possession of a valid registry card
issued under that Act, operating a commercial motor vehicle
under impairment resulting from the consumption of
cannabis, as determined by failure of standardized field
sobriety tests administered by a law enforcement officer as
directed by subsection (a-5) of Section 11-501.2.
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance or
(ii) if the person is a CDL holder, uses a non-CMV in the

09800SB1955ham002 - 89 - LRB098 05666 HEP 49187 a
commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may be
reduced to a period of not less than 10 years. If a reinstated
driver is subsequently convicted of another disqualifying
offense, as specified in subsection (a) of this Section, he or
she shall be permanently disqualified for life and shall be
ineligible to again apply for a reduction of the lifetime
disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CDL, or any
combination thereof, arising from separate incidents,
occurring within a 3 year period, provided the serious traffic
violation committed in a non-CMV would result in the suspension
or revocation of the CDL holder's non-CMV privileges. However,
a person will be disqualified from driving a commercial motor
vehicle for a period of not less than 4 months if convicted of
3 serious traffic violations, committed in a commercial motor
vehicle, non-CMV while holding a CDL, or any combination
thereof, arising from separate incidents, occurring within a 3
year period, provided the serious traffic violation committed
in a non-CMV would result in the suspension or revocation of
the CDL holder's non-CMV privileges. If all the convictions

09800SB1955ham002 - 90 - LRB098 05666 HEP 49187 a
occurred in a non-CMV, the disqualification shall be entered
only if the convictions would result in the suspension or
revocation of the CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,
pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.
(g) After suspending, revoking, or cancelling a commercial
driver's license, the Secretary of State must update the
driver's records to reflect such action within 10 days. After
suspending or revoking the driving privilege of any person who
has been issued a CDL or commercial driver instruction permit
from another jurisdiction, the Secretary shall originate
notification to such issuing jurisdiction within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years upon a second conviction of paragraph

09800SB1955ham002 - 91 - LRB098 05666 HEP 49187 a
(2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).
(3) For 3 years upon a third or subsequent conviction
of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction
of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code

09800SB1955ham002 - 92 - LRB098 05666 HEP 49187 a
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
violation of a federal, State, or local law or regulation
pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from
operating a commercial motor vehicle for the period of time
specified in paragraph (2) of this subsection (j) if the
offense was committed while operating a commercial motor
vehicle:
(i) For drivers who are not required to always
stop, failing to slow down and check that the tracks
are clear of an approaching train or railroad track
equipment, as described in subsection (a-5) of Section
11-1201 of this Code;
(ii) For drivers who are not required to always
stop, failing to stop before reaching the crossing, if
the tracks are not clear, as described in subsection
(a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,
failing to stop before driving onto the crossing, as
described in Section 11-1202 of this Code;
(iv) For all drivers, failing to have sufficient

09800SB1955ham002 - 93 - LRB098 05666 HEP 49187 a
space to drive completely through the crossing without
stopping, as described in subsection (b) of Section
11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision
(a)2 of Section 11-1201 of this Code;
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in
paragraph (1) of this subsection (j).
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted
of a violation described in paragraph (1) of this
subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction for

09800SB1955ham002 - 94 - LRB098 05666 HEP 49187 a
a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is
convicted of a violation described in paragraph (1) of
this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 C.F.R. 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the driver
the action that has been taken.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-122, eff. 1-1-14.)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-514. Commercial driver's license (CDL); commercial
learner's permit (CLP); disqualifications. Commercial Driver's
License (CDL) - Disqualifications.

09800SB1955ham002 - 95 - LRB098 05666 HEP 49187 a
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a test
or tests to determine the driver's blood concentration of
alcohol, other drug, or both, authorized under Section
11-501.1 while driving a commercial motor vehicle or, if
the driver is a CLP or CDL holder, while driving a non-CMV;
or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath or
urine is at least 0.04, or any amount of a drug, substance,
or compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn
report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, or urine was
above the legal limit defined in Section 11-501.1 or
11-501.8 or any amount of a drug, substance, or compound in
the person's blood or urine resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois

09800SB1955ham002 - 96 - LRB098 05666 HEP 49187 a
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other
verified evidence while holding a CLP or CDL; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CLP or CDL holder, driving a non-CMV while
under the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such
person incapable of safely driving; or
(ii) Knowingly leaving the scene of an accident
while operating a commercial motor vehicle or, if the
driver is a CLP or CDL holder, while driving a non-CMV;
or
(iii) Driving a commercial motor vehicle or, if the
driver is a CLP or CDL holder, driving a non-CMV while
committing any felony; or
(iv) Driving a commercial motor vehicle while the
person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and

09800SB1955ham002 - 97 - LRB098 05666 HEP 49187 a
negligent homicide.
As used in this subdivision (a)(3)(v), "motor
vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 and aggravated driving under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof under subdivision (d)(1)(F) of Section 11-501
of this Code.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period of
not less than 3 years. ; or
(4) (Blank). If the person is a qualifying patient
licensed under the Compassionate Use of Medical Cannabis
Pilot Program Act who is in possession of a valid registry
card issued under that Act, operating a commercial motor
vehicle under impairment resulting from the consumption of
cannabis, as determined by failure of standardized field
sobriety tests administered by a law enforcement officer as
directed by subsection (a-5) of Section 11-501.2.

09800SB1955ham002 - 98 - LRB098 05666 HEP 49187 a
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance or
(ii) if the person is a CLP or CDL holder, uses a non-CMV in the
commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may be
reduced to a period of not less than 10 years. If a reinstated
driver is subsequently convicted of another disqualifying
offense, as specified in subsection (a) of this Section, he or
she shall be permanently disqualified for life and shall be
ineligible to again apply for a reduction of the lifetime
disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,

09800SB1955ham002 - 99 - LRB098 05666 HEP 49187 a
occurring within a 3 year period, provided the serious traffic
violation committed in a non-CMV would result in the suspension
or revocation of the CLP or CDL holder's non-CMV privileges.
However, a person will be disqualified from driving a
commercial motor vehicle for a period of not less than 4 months
if convicted of 3 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,
occurring within a 3 year period, provided the serious traffic
violation committed in a non-CMV would result in the suspension
or revocation of the CLP or CDL holder's non-CMV privileges. If
all the convictions occurred in a non-CMV, the disqualification
shall be entered only if the convictions would result in the
suspension or revocation of the CLP or CDL holder's non-CMV
privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,
pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.
(g) After suspending, revoking, or cancelling a CLP or CDL,
the Secretary of State must update the driver's records to
reflect such action within 10 days. After suspending or
revoking the driving privilege of any person who has been
issued a CLP or CDL from another jurisdiction, the Secretary

09800SB1955ham002 - 100 - LRB098 05666 HEP 49187 a
shall originate notification to such issuing jurisdiction
within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years upon a second conviction of paragraph
(2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).
(3) For 3 years upon a third or subsequent conviction
of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph

09800SB1955ham002 - 101 - LRB098 05666 HEP 49187 a
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction
of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
violation of a federal, State, or local law or regulation
pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from
operating a commercial motor vehicle for the period of time
specified in paragraph (2) of this subsection (j) if the
offense was committed while operating a commercial motor
vehicle:
(i) For drivers who are not required to always

09800SB1955ham002 - 102 - LRB098 05666 HEP 49187 a
stop, failing to slow down and check that the tracks
are clear of an approaching train or railroad track
equipment, as described in subsection (a-5) of Section
11-1201 of this Code;
(ii) For drivers who are not required to always
stop, failing to stop before reaching the crossing, if
the tracks are not clear, as described in subsection
(a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,
failing to stop before driving onto the crossing, as
described in Section 11-1202 of this Code;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without
stopping, as described in subsection (b) of Section
11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision
(a)2 of Section 11-1201 of this Code;
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified

09800SB1955ham002 - 103 - LRB098 05666 HEP 49187 a
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in
paragraph (1) of this subsection (j).
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted
of a violation described in paragraph (1) of this
subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction for
a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is
convicted of a violation described in paragraph (1) of
this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.

09800SB1955ham002 - 104 - LRB098 05666 HEP 49187 a
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 C.F.R. 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the driver
the action that has been taken.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-122, eff. 1-1-14; 98-176, eff. 7-1-14; revised 8-8-13.)
(625 ILCS 5/11-501.1)
Sec. 11-501.1. Suspension of drivers license; statutory
summary alcohol, other drug or drugs, or intoxicating compound
or compounds related suspension or revocation; implied
consent.
(a) Any person who drives or is in actual physical control
of a motor vehicle upon the public highways of this State shall
be deemed to have given consent, subject to the provisions of
Section 11-501.2, to a chemical test or tests of blood, breath,
or urine for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket, for any
offense as defined in Section 11-501 or a similar provision of
a local ordinance, or if arrested for violating Section 11-401.
If a law enforcement officer has probable cause to believe the
person was under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination

09800SB1955ham002 - 105 - LRB098 05666 HEP 49187 a
thereof, the law enforcement officer shall request a chemical
test or tests which shall be administered at the direction of
the arresting officer. The law enforcement agency employing the
officer shall designate which of the aforesaid tests shall be
administered. A urine test may be administered even after a
blood or breath test or both has been administered. For
purposes of this Section, an Illinois law enforcement officer
of this State who is investigating the person for any offense
defined in Section 11-501 may travel into an adjoining state,
where the person has been transported for medical care, to
complete an investigation and to request that the person submit
to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are
inapplicable, but the officer shall issue the person a Uniform
Traffic Ticket for an offense as defined in Section 11-501 or a
similar provision of a local ordinance prior to requesting that
the person submit to the test or tests. The issuance of the
Uniform Traffic Ticket shall not constitute an arrest, but
shall be for the purpose of notifying the person that he or she
is subject to the provisions of this Section and of the
officer's belief of the existence of probable cause to arrest.
Upon returning to this State, the officer shall file the
Uniform Traffic Ticket with the Circuit Clerk of the county
where the offense was committed, and shall seek the issuance of
an arrest warrant or a summons for the person.
(a-5) (Blank). In addition to the requirements and

09800SB1955ham002 - 106 - LRB098 05666 HEP 49187 a
provisions of subsection (a), any person issued a registry card
under the Compassionate Use of Medical Cannabis Pilot Program
Act who drives or is in actual physical control of a motor
vehicle upon the public highways of this State shall be deemed
to have given consent, subject to the provisions of Section
11-501.2, to standardized field sobriety tests approved by the
National Highway Traffic Safety Administration if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket, for any
offense as defined in Section 11-501 or a similar provision of
a local ordinance, or if arrested for violating Section 11-401.
The person's status as a registry card holder alone is not a
sufficient basis for conducting these tests. The officer must
have an independent, cannabis-related factual basis giving
reasonable suspicion that the person is driving under the
influence of cannabis for conducting standardized field
sobriety tests. This independent basis of suspicion shall be
listed on the standardized field sobriety test results and any
influence reports made by the arresting officer.
(b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or tests
may be administered, subject to the provisions of Section
11-501.2.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting

09800SB1955ham002 - 107 - LRB098 05666 HEP 49187 a
the test that a refusal to submit to the test will result in
the statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Section 6-208.1 of this
Code, and will also result in the disqualification of the
person's privilege to operate a commercial motor vehicle, as
provided in Section 6-514 of this Code, if the person is a CDL
holder. The person shall also be warned that a refusal to
submit to the test, when the person was involved in a motor
vehicle accident that caused personal injury or death to
another, will result in the statutory summary revocation of the
person's privilege to operate a motor vehicle, as provided in
Section 6-208.1, and will also result in the disqualification
of the person's privilege to operate a commercial motor
vehicle, as provided in Section 6-514 of this Code, if the
person is a CDL holder. The person shall also be warned by the
law enforcement officer that if the person submits to the test
or tests provided in paragraph (a) of this Section and the
alcohol concentration in the person's blood or breath is 0.08
or greater, or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis as
covered by the Cannabis Control Act, a controlled substance
listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
detected in the person's blood or urine, or if the person fails

09800SB1955ham002 - 108 - LRB098 05666 HEP 49187 a
the standardized field sobriety tests as required by paragraph
(a-5), a statutory summary suspension of the person's privilege
to operate a motor vehicle, as provided in Sections 6-208.1 and
11-501.1 of this Code, and a disqualification of the person's
privilege to operate a commercial motor vehicle, as provided in
Section 6-514 of this Code, if the person is a CDL holder, will
be imposed.
A person who is under the age of 21 at the time the person
is requested to submit to a test as provided above shall, in
addition to the warnings provided for in this Section, be
further warned by the law enforcement officer requesting the
test that if the person submits to the test or tests provided
in paragraph (a) or (a-5) of this Section and the alcohol
concentration in the person's blood or breath is greater than
0.00 and less than 0.08, a suspension of the person's privilege
to operate a motor vehicle, as provided under Sections 6-208.2
and 11-501.8 of this Code, will be imposed. The results of this
test shall be admissible in a civil or criminal action or
proceeding arising from an arrest for an offense as defined in
Section 11-501 of this Code or a similar provision of a local
ordinance or pursuant to Section 11-501.4 in prosecutions for
reckless homicide brought under the Criminal Code of 1961 or
the Criminal Code of 2012. These test results, however, shall
be admissible only in actions or proceedings directly related
to the incident upon which the test request was made.
(d) If the person refuses testing or submits to a test that

09800SB1955ham002 - 109 - LRB098 05666 HEP 49187 a
discloses an alcohol concentration of 0.08 or more, or any
amount of a drug, substance, or intoxicating compound in the
person's breath, blood, or urine resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the circuit court of venue and the Secretary of State,
certifying that the test or tests was or were requested under
paragraph (a) or (a-5) and the person refused to submit to a
test, or tests, or submitted to testing that disclosed an
alcohol concentration of 0.08 or more. A sworn report
indicating refusal or failure of testing under paragraph (a-5)
of this Section shall include the factual basis of the
arresting officer's reasonable suspicion that the person was
under the influence of cannabis. The person's possession of a
valid registry card under the Compassionate Use of Medical
Cannabis Pilot Program Act alone is not sufficient basis for
reasonable suspicion.
(e) Upon receipt of the sworn report of a law enforcement
officer submitted under paragraph (d), the Secretary of State
shall enter the statutory summary suspension or revocation and
disqualification for the periods specified in Sections 6-208.1
and 6-514, respectively, and effective as provided in paragraph

09800SB1955ham002 - 110 - LRB098 05666 HEP 49187 a
(g).
If the person is a first offender as defined in Section
11-500 of this Code, and is not convicted of a violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, then reports received by the Secretary of State
under this Section shall, except during the actual time the
Statutory Summary Suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State, unless the
person is a CDL holder, is operating a commercial motor vehicle
or vehicle required to be placarded for hazardous materials, in
which case the suspension shall not be privileged. Reports
received by the Secretary of State under this Section shall
also be made available to the parent or guardian of a person
under the age of 18 years that holds an instruction permit or a
graduated driver's license, regardless of whether the
statutory summary suspension is in effect. A statutory summary
revocation shall not be privileged information.
(f) The law enforcement officer submitting the sworn report
under paragraph (d) shall serve immediate notice of the
statutory summary suspension or revocation on the person and
the suspension or revocation and disqualification shall be
effective as provided in paragraph (g).
(1) In cases where the blood alcohol concentration of
0.08 or greater or any amount of a drug, substance, or
compound resulting from the unlawful use or consumption of

09800SB1955ham002 - 111 - LRB098 05666 HEP 49187 a
cannabis as covered by the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use
of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act is established by a subsequent analysis of
blood or urine collected at the time of arrest, the
arresting officer or arresting agency shall give notice as
provided in this Section or by deposit in the United States
mail of the notice in an envelope with postage prepaid and
addressed to the person at his address as shown on the
Uniform Traffic Ticket and the statutory summary
suspension and disqualification shall begin as provided in
paragraph (g). The officer shall confiscate any Illinois
driver's license or permit on the person at the time of
arrest. If the person has a valid driver's license or
permit, the officer shall issue the person a receipt, in a
form prescribed by the Secretary of State, that will allow
that person to drive during the periods provided for in
paragraph (g). The officer shall immediately forward the
driver's license or permit to the circuit court of venue
along with the sworn report provided for in paragraph (d).
(2) (Blank). In cases indicating refusal or failure of
testing under paragraph (a-5) of this Section the arresting
officer or arresting agency shall give notice as provided
in this Section or by deposit in the United States mail of

09800SB1955ham002 - 112 - LRB098 05666 HEP 49187 a
the notice in an envelope with postage prepaid and
addressed to the person at his or her address as shown on
the Uniform Traffic Ticket and the statutory summary
suspension and disqualification shall begin as provided in
paragraph (g). This notice shall include the factual basis
of the arresting officer's reasonable suspicion that the
person was under the influence of cannabis. The person's
possession of a valid registry card under the Compassionate
Use of Medical Cannabis Pilot Program Act alone is not
sufficient basis for reasonable suspicion.
(g) The statutory summary suspension or revocation and
disqualification referred to in this Section shall take effect
on the 46th day following the date the notice of the statutory
summary suspension or revocation was given to the person.
(h) The following procedure shall apply whenever a person
is arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension or revocation by mailing a notice of the
effective date of the suspension or revocation to the person
and the court of venue. The Secretary of State shall also mail
notice of the effective date of the disqualification to the
person. However, should the sworn report be defective by not
containing sufficient information or be completed in error, the
confirmation of the statutory summary suspension or revocation

09800SB1955ham002 - 113 - LRB098 05666 HEP 49187 a
shall not be mailed to the person or entered to the record;
instead, the sworn report shall be forwarded to the court of
venue with a copy returned to the issuing agency identifying
any defect.
(i) As used in this Section, "personal injury" includes any
Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or a medical
facility. A Type A injury includes severely bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11;
97-1150, eff. 1-25-13; 98-122, eff. 1-1-14.)
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as defined
in Section 11-501 or a similar local ordinance or proceedings
pursuant to Section 2-118.1, evidence of the concentration of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood or
breath at the time alleged, as determined by analysis of the
person's blood, urine, breath or other bodily substance, shall
be admissible. Where such test is made the following provisions
shall apply:

09800SB1955ham002 - 114 - LRB098 05666 HEP 49187 a
1. Chemical analyses of the person's blood, urine,
breath or other bodily substance to be considered valid
under the provisions of this Section shall have been
performed according to standards promulgated by the
Department of State Police by a licensed physician,
registered nurse, trained phlebotomist, certified
paramedic, or other individual possessing a valid permit
issued by that Department for this purpose. The Director of
State Police is authorized to approve satisfactory
techniques or methods, to ascertain the qualifications and
competence of individuals to conduct such analyses, to
issue permits which shall be subject to termination or
revocation at the discretion of that Department and to
certify the accuracy of breath testing equipment. The
Department of State Police shall prescribe regulations as
necessary to implement this Section.
2. When a person in this State shall submit to a blood
test at the request of a law enforcement officer under the
provisions of Section 11-501.1, only a physician
authorized to practice medicine, a licensed physician
assistant, a licensed advanced practice nurse, a
registered nurse, trained phlebotomist, or certified
paramedic, or other qualified person approved by the
Department of State Police may withdraw blood for the
purpose of determining the alcohol, drug, or alcohol and
drug content therein. This limitation shall not apply to

09800SB1955ham002 - 115 - LRB098 05666 HEP 49187 a
the taking of breath or urine specimens.
When a blood test of a person who has been taken to an
adjoining state for medical treatment is requested by an
Illinois law enforcement officer, the blood may be
withdrawn only by a physician authorized to practice
medicine in the adjoining state, a licensed physician
assistant, a licensed advanced practice nurse, a
registered nurse, a trained phlebotomist acting under the
direction of the physician, or certified paramedic. The law
enforcement officer requesting the test shall take custody
of the blood sample, and the blood sample shall be analyzed
by a laboratory certified by the Department of State Police
for that purpose.
3. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to any administered at
the direction of a law enforcement officer. The failure or
inability to obtain an additional test by a person shall
not preclude the admission of evidence relating to the test
or tests taken at the direction of a law enforcement
officer.
4. Upon the request of the person who shall submit to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or such person's

09800SB1955ham002 - 116 - LRB098 05666 HEP 49187 a
attorney.
5. Alcohol concentration shall mean either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(a-5) Law enforcement officials may use standardized field
sobriety tests approved by the National Highway Traffic Safety
Administration when conducting investigations of a violation
of Section 11-501 or similar local ordinance by drivers
suspected of driving under the influence of cannabis. The
General Assembly finds that standardized field sobriety tests
approved by the National Highway Traffic Safety Administration
are divided attention tasks that are intended to determine if a
person is under the influence of cannabis. The purpose of these
tests is to determine the effect of the use of cannabis on a
person's capacity to think and act with ordinary care and
therefore operate a motor vehicle safely. Therefore, the
results of these standardized field sobriety tests,
appropriately administered, shall be admissible in the trial of
any civil or criminal action or proceeding arising out of an
arrest for a cannabis-related offense as defined in Section
11-501 or a similar local ordinance or proceedings under
Section 2-118.1 or 2-118.2. Where a test is made the following
provisions shall apply:
1. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a

09800SB1955ham002 - 117 - LRB098 05666 HEP 49187 a
chemical test or tests in addition to the standardized
field sobriety test or tests administered at the direction
of a law enforcement officer. The failure or inability to
obtain an additional test by a person does not preclude the
admission of evidence relating to the test or tests taken
at the direction of a law enforcement officer.
2. Upon the request of the person who shall submit to a
standardized field sobriety test or tests at the request of
a law enforcement officer, full information concerning the
test or tests shall be made available to the person or the
person's attorney.
3. At the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as
defined in Section 11-501 or a similar local ordinance or
proceedings under Section 2-118.1 or 2-118.2 in which the
results of these standardized field sobriety tests are
admitted, the cardholder may present and the trier of fact
may consider evidence that the cardholder lacked the
physical capacity to perform the standardized field
sobriety tests.
(b) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while driving or in actual physical control of a
vehicle while under the influence of alcohol, the concentration
of alcohol in the person's blood or breath at the time alleged
as shown by analysis of the person's blood, urine, breath, or

09800SB1955ham002 - 118 - LRB098 05666 HEP 49187 a
other bodily substance shall give rise to the following
presumptions:
1. If there was at that time an alcohol concentration
of 0.05 or less, it shall be presumed that the person was
not under the influence of alcohol.
2. If there was at that time an alcohol concentration
in excess of 0.05 but less than 0.08, such facts shall not
give rise to any presumption that the person was or was not
under the influence of alcohol, but such fact may be
considered with other competent evidence in determining
whether the person was under the influence of alcohol.
3. If there was at that time an alcohol concentration
of 0.08 or more, it shall be presumed that the person was
under the influence of alcohol.
4. The foregoing provisions of this Section shall not
be construed as limiting the introduction of any other
relevant evidence bearing upon the question whether the
person was under the influence of alcohol.
(c) 1. If a person under arrest refuses to submit to a
chemical test under the provisions of Section 11-501.1,
evidence of refusal shall be admissible in any civil or
criminal action or proceeding arising out of acts alleged to
have been committed while the person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof was driving or in actual
physical control of a motor vehicle.

09800SB1955ham002 - 119 - LRB098 05666 HEP 49187 a
2. Notwithstanding any ability to refuse under this Code to
submit to these tests or any ability to revoke the implied
consent to these tests, if a law enforcement officer has
probable cause to believe that a motor vehicle driven by or in
actual physical control of a person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof has caused the death or
personal injury to another, the law enforcement officer shall
request, and that person shall submit, upon the request of a
law enforcement officer, to a chemical test or tests of his or
her blood, breath or urine for the purpose of determining the
alcohol content thereof or the presence of any other drug or
combination of both.
This provision does not affect the applicability of or
imposition of driver's license sanctions under Section
11-501.1 of this Code.
3. For purposes of this Section, a personal injury includes
any Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or a medical
facility. A Type A injury includes severe bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(d) If a person refuses standardized field sobriety tests
under Section 11-501.9 of this Code, evidence of refusal shall
be admissible in any civil or criminal action or proceeding

09800SB1955ham002 - 120 - LRB098 05666 HEP 49187 a
arising out of acts committed while the person was driving or
in actual physical control of a vehicle and alleged to have
been impaired by the use of cannabis.
(Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11;
97-813, eff. 7-13-12; 98-122, eff. 1-1-14.)
(625 ILCS 5/11-501.9 new)
Sec. 11-501.9. Suspension of drivers license;
cannabis-related suspension for medical cannabis cardholder;
failure of or refusal to complete field sobriety tests; implied
consent.
(a) Any person who has been issued a registry
identification card under the Compassionate Use of Medical
Cannabis Pilot Program Act who drives or is in actual physical
control of a motor vehicle upon the public highways of this
State shall be deemed to have given consent to standardized
field sobriety tests approved by the National Highway Traffic
Safety Administration, subject to the provisions of subsection
(a-5) of Section 11-501.2, if detained by a law enforcement
officer who has a reasonable suspicion that the person is
driving or is in actual physical control of a motor vehicle
while impaired by the use of cannabis, or if the person is
arrested for a violation of Section 11-401 of this Code. The
law enforcement officer must have an independent
cannabis-related factual basis giving reasonable suspicion
that the person is driving or in actual physical control of a

09800SB1955ham002 - 121 - LRB098 05666 HEP 49187 a
motor vehicle while impaired by the use of cannabis for
conducting standardized field sobriety tests. This independent
cannabis-related factual basis shall be included with the
results of the standardized field sobriety tests on any reports
made by the law enforcement officer who requests the test. The
person's possession of a registry identification card issued
under the Compassionate Use of Medical Cannabis Pilot Program
Act alone is not a sufficient basis for reasonable suspicion.
For purposes of this Section, an Illinois law enforcement
officer of this State who is investigating the person for any
offense defined in Section 11-501 may travel into an adjoining
state, where the person has been transported for medical care,
to complete an investigation and to request that the person
submit to the test or tests set forth in this Section.
(b) If the person refuses field sobriety tests or submits
to field sobriety tests that disclose that the person is
impaired by the use of cannabis, the law enforcement officer
shall immediately submit a sworn report to the circuit court of
venue and the Secretary of State, certifying that the test or
tests was or were requested under this Section and the person
refused to submit to field sobriety tests or submitted to field
sobriety tests that disclosed the person was impaired by the
use of cannabis. The sworn report must include the law
enforcement officer's factual basis for reasonable suspicion
that the person was impaired by the use of cannabis.
(c) Upon receipt of the sworn report of a law enforcement

09800SB1955ham002 - 122 - LRB098 05666 HEP 49187 a
officer submitted under subsection (b), the Secretary of State
shall enter the suspension to the driving record as follows:
(1) for refusal or failure to complete the standardized
field sobriety tests, a 12-month suspension shall be
entered; or
(2) for submitting to standardized field sobriety
tests that disclosed the driver was impaired by the use of
cannabis, a 6 month suspension shall be entered.
The Secretary of State shall confirm the suspension by
mailing a notice of the effective date of the suspension to the
person and the court of venue. However, if the sworn report is
defective by not containing sufficient information or be
completed in error, the confirmation of the suspension shall
not be mailed to the person or entered to the record; instead,
the sworn report shall be forwarded to the court of venue with
a copy returned to the issuing agency identifying any defect.
(d) The law enforcement officer submitting the sworn report
under subsection (b) of this Section shall serve immediate
notice of the suspension on the person and the suspension shall
be effective as provided in subsection (e) of this Section. If
immediate notice of the suspension cannot be given, the
arresting officer or arresting agency shall give notice by
deposit in the United States mail of the notice in an envelope
with postage prepaid and addressed to the person at his or her
address as shown on the Uniform Traffic Ticket and the
suspension shall begin as provided in subsection (e) of this

09800SB1955ham002 - 123 - LRB098 05666 HEP 49187 a
Section. The officer shall confiscate any Illinois driver's
license or permit on the person at the time of arrest. If the
person has a valid driver's license or permit, the officer
shall issue the person a receipt, in a form prescribed by the
Secretary of State, that will allow that person to drive during
the period provided for in subsection (e) of this Section. The
officer shall immediately forward the driver's license or
permit to the circuit court of venue along with the sworn
report provided for in subsection (b) of this Section.
(e) The suspension in subsection (c) of this Section shall
take effect on the 46th day following the date the notice of
the suspension was given to the person.
(f) Where a driving privilege has been suspended under this
Section and the person is subsequently convicted of violating
Section 11-501, or a similar provision of a local ordinance,
for the same incident, any period served on suspension under
this Section shall be credited toward the minimum period of
revocation of driving privileges imposed under Section 6-205.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.".