Bill Text: IL SB2228 | 2015-2016 | 99th General Assembly | Introduced

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

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Bill Title: Amends the Cannabis Control Act. Provides that the possession of 10 grams or less of cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a violation is a Class 2 felony. Provides that the provisions of any ordinance enacted by any municipality or unit of local government which imposes a fine upon cannabis other than as defined in the Cannabis Control Act are not invalidated or affected by this Act. Amends the Drug Paraphernalia Control Act. Provides that if a person is convicted of 10 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the arrest for that offense shall be a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Provides for distribution of these fines. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount). Amends various other Acts to make conforming changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 19-4)

Status: (Passed) 2016-07-29 - Public Act . . . . . . . . . 99-0697 [SB2228 Detail]

Download: Illinois-2015-SB2228-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2228 Introduced 1/13/2016, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED:
See Index
Amends the Cannabis Control Act. Provides that the possession of 10 grams or less of cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a violation is a Class 2 felony. Provides that the provisions of any ordinance enacted by any municipality or unit of local government which imposes a fine upon cannabis other than as defined in the Cannabis Control Act are not invalidated or affected by this Act. Amends the Drug Paraphernalia Control Act. Provides that if a person is convicted of 10 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the arrest for that offense shall be a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Provides for distribution of these fines. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount). Amends various other Acts to make conforming changes. Effective immediately.
LRB099 16422 RLC 40755 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2228 LRB099 16422 RLC 40755 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement and sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),

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(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified
probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a
conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.

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(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and

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are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were
ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and
released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and

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Dependency Act, or Section 10 of the Steroid Control
Act. For the purpose of this Section, "successful
completion" of an order of qualified probation under
Section 10-102 of the Illinois Alcoholism and Other
Drug Dependency Act and Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act means that the
probation was terminated satisfactorily and the
judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.
(L) "Sexual offense committed against a minor"
includes but is not limited to the offenses of indecent
solicitation of a child or criminal sexual abuse when
the victim of such offense is under 18 years of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this

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Section.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after the effective date of
this amendatory Act of the 99th General Assembly, the law
enforcement agency issuing the citation shall
automatically expunge, on or before January 1 and July 1 of
each year, the law enforcement records of a person found to
have committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
law enforcement agency's possession or control and which
contains the final satisfactory disposition which pertain
to the person issued a citation for that offense. The law
enforcement agency shall provide by rule the process for
access, review, and to confirm the automatic expungement by
the law enforcement agency issuing the citation.
Commencing 180 days after the effective date of this
amendatory Act of the 99th General Assembly, the clerk of
the circuit court shall expunge, upon order of the court,
or in the absence of a court order on or before January 1
and July 1 of each year, the court records of a person
found in the circuit court to have committed a civil law
violation of subsection (a) of Section 4 of the Cannabis

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Control Act or subsection (c) of Section 3.5 of the Drug
Paraphernalia Control Act in the clerk's possession or
control and which contains the final satisfactory
disposition which pertain to the person issued a citation
for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the offender
has no other conviction for violating Section 11-501 or
11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released

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without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance, except
Section 11-14 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012,
or Section 125 of the Stalking No Contact Order
Act, or Section 219 of the Civil No Contact Order
Act, or a similar provision of a local ordinance;
(iv) offenses which are Class A misdemeanors
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) the sealing of the records of an arrest which

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results in the petitioner being charged with a felony
offense or records of a charge not initiated by arrest
for a felony offense unless:
(i) the charge is amended to a misdemeanor and
is otherwise eligible to be sealed pursuant to
subsection (c);
(ii) the charge is brought along with another
charge as a part of one case and the charge results
in acquittal, dismissal, or conviction when the
conviction was reversed or vacated, and another
charge brought in the same case results in a
disposition for a misdemeanor offense that is
eligible to be sealed pursuant to subsection (c) or
a disposition listed in paragraph (i), (iii), or
(iv) of this subsection;
(iii) the charge results in first offender
probation as set forth in subsection (c)(2)(E);
(iv) the charge is for a felony offense listed
in subsection (c)(2)(F) or the charge is amended to
a felony offense listed in subsection (c)(2)(F);
(v) the charge results in acquittal,
dismissal, or the petitioner's release without
conviction; or
(vi) the charge results in a conviction, but
the conviction was reversed or vacated.
(b) Expungement.

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(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when:
(A) He or she has never been convicted of a
criminal offense; and
(B) Each arrest or charge not initiated by arrest
sought to be expunged resulted in: (i) acquittal,
dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B);
(ii) a conviction which was vacated or reversed, unless
excluded by subsection (a)(3)(B); (iii) an order of
supervision and such supervision was successfully
completed by the petitioner, unless excluded by
subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
qualified probation (as defined in subsection
(a)(1)(J)) and such probation was successfully
completed by the petitioner.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of

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supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision of
a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have

SB2228 - 12 - LRB099 16422 RLC 40755 b
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if
any, by removing his or her name from all such records in

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connection with the arrest and conviction, if any, and by
inserting in the records the name of the offender, if known
or ascertainable, in lieu of the aggrieved's name. The
records of the circuit court clerk shall be sealed until
further order of the court upon good cause shown and the
name of the aggrieved person obliterated on the official
index required to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act, but the order shall
not affect any index issued by the circuit court clerk
before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other
criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has
used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Department of State Police concerning the offense

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shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in
connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court that finds the petitioner
factually innocent of the charge shall enter an expungement
order for the conviction for which the petitioner has been
determined to be innocent as provided in subsection (b) of
Section 5-5-4 of the Unified Code of Corrections.
(7) Nothing in this Section shall prevent the
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70
of the Methamphetamine Control and Community Protection
Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Alcoholism and Other Drug Abuse and Dependency Act, or
Section 10 of the Steroid Control Act.

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(8) If the petitioner has been granted a certificate of
innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);

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(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions for the following
offenses:
(i) Class 4 felony convictions for:
Prostitution under Section 11-14 of the
Criminal Code of 1961 or the Criminal Code of
2012.
Possession of cannabis under Section 4 of
the Cannabis Control Act.
Possession of a controlled substance under
Section 402 of the Illinois Controlled
Substances Act.
Offenses under the Methamphetamine
Precursor Control Act.
Offenses under the Steroid Control Act.

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Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of
the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession of burglary tools under Section
19-2 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(ii) Class 3 felony convictions for:
Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of
the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession with intent to manufacture or
deliver a controlled substance under Section

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401 of the Illinois Controlled Substances Act.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)).
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career

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certificate, vocational technical certification, or
bachelor's degree, or passed the high school level Test
of General Educational Development, during the period
of his or her sentence, aftercare release, or mandatory
supervised release. This subparagraph shall apply only
to a petitioner who has not completed the same
educational goal prior to the period of his or her
sentence, aftercare release, or mandatory supervised
release. If a petition for sealing eligible records
filed under this subparagraph is denied by the court,
the time periods under subparagraph (B) or (C) shall
apply to any subsequent petition for sealing filed by
the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction
records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.

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(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, if not waived.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph (10)
of subsection (a) of Section 3-3-2 of the Unified Code of
Corrections, the certificate shall be attached to the
petition.

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(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(B)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, the Department of State Police,
the arresting agency and the chief legal officer of the
unit of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections

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shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis
of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the
petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.
(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing

SB2228 - 23 - LRB099 16422 RLC 40755 b
date at least 30 days prior to the hearing. Prior to the
hearing, the State's Attorney shall consult with the
Department as to the appropriateness of the relief sought
in the petition to expunge or seal. At the hearing, the
court shall hear evidence on whether the petition should or
should not be granted, and shall grant or deny the petition
to expunge or seal the records based on the evidence
presented at the hearing. The court may consider the
following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the

SB2228 - 24 - LRB099 16422 RLC 40755 b
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Department, or the agency
receiving such inquiry, shall reply as it does in
response to inquiries when no records ever

SB2228 - 25 - LRB099 16422 RLC 40755 b
existed.
(B) Upon entry of an order to expunge records
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
pursuant to paragraph (12) of subsection (d) of
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required

SB2228 - 26 - LRB099 16422 RLC 40755 b
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk

SB2228 - 27 - LRB099 16422 RLC 40755 b
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
under paragraph (12) of subsection (d) of this
Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these records
from anyone not authorized by law to access the
records, the court, the Department, or the agency
receiving the inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court

SB2228 - 28 - LRB099 16422 RLC 40755 b
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such records,
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to the
petitioner of its compliance with each order to expunge
or seal records within 60 days of the date of service
of that order or, if a motion to vacate, modify, or
reconsider is filed, within 60 days of service of the
order resolving the motion, if that order requires the
Department to expunge or seal records. In the event of
an appeal from the circuit court order, the Department
shall send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit court
clerk may charge a fee equivalent to the cost associated

SB2228 - 29 - LRB099 16422 RLC 40755 b
with the sealing or expungement of records by the circuit
court clerk. From the total filing fee collected for the
petition to seal or expunge, the circuit court clerk shall
deposit $10 into the Circuit Court Clerk Operation and
Administrative Fund, to be used to offset the costs
incurred by the circuit court clerk in performing the
additional duties required to serve the petition to seal or
expunge on all parties. The circuit court clerk shall
collect and forward the Department of State Police portion
of the fee to the Department and it shall be deposited in
the State Police Services Fund.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the

SB2228 - 30 - LRB099 16422 RLC 40755 b
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this Section
shall not be considered void because it fails to comply
with the provisions of this Section or because of any error
asserted in a motion to vacate, modify, or reconsider. The
circuit court retains jurisdiction to determine whether
the order is voidable and to vacate, modify, or reconsider
its terms based on a motion filed under paragraph (12) of
this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to notice
of the petition must fully comply with the terms of the
order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records until

SB2228 - 31 - LRB099 16422 RLC 40755 b
there is a final order on the motion for relief or, in the
case of an appeal, the issuance of that court's mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5, 2013
(the effective date of Public Act 98-163) and to all orders
ruling on a petition to expunge or seal on or after August
5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the

SB2228 - 32 - LRB099 16422 RLC 40755 b
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk

SB2228 - 33 - LRB099 16422 RLC 40755 b
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the

SB2228 - 34 - LRB099 16422 RLC 40755 b
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.

SB2228 - 35 - LRB099 16422 RLC 40755 b
The study shall be made available to the General Assembly no
later than September 1, 2010.
(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
99-385, eff. 1-1-16; revised 10-15-15.)
Section 10. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Section 65 as follows:
(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
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.
(b) Except as provided in subsection (b-5) of this Section,
no No person who has been convicted of a felony under the
Illinois Controlled Substances Act, Cannabis Control Act, or

SB2228 - 36 - LRB099 16422 RLC 40755 b
Methamphetamine Control and Community Protection Act, or
similar provision in a local ordinance or other jurisdiction is
eligible to receive a registry identification card.
(b-5) If a person was convicted of a felony under the
Cannabis Control Act or a similar provision of a local
ordinance or of a law of another jurisdiction, and the action
warranting that felony is no longer considered a felony after
the effective date of this amendatory Act of the 99th General
Assembly, that person shall be 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
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 Department
of State Police shall conduct a background check of the
prospective qualifying patient and designated caregiver in
order to carry out this Section. The Department of State Police

SB2228 - 37 - LRB099 16422 RLC 40755 b
shall charge a fee for conducting the 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.
Each person applying as a qualifying patient or a designated
caregiver shall submit a full set of fingerprints to the
Department of State Police for the purpose of obtaining a State
and federal criminal records check. These fingerprints shall be
checked against the fingerprint records now and hereafter, to
the extent allowed by law, filed in the Department of State
Police and Federal Bureau of Investigation criminal history
records databases. The Department of State Police shall
furnish, following positive identification, all Illinois
conviction information to the Department of Public Health. 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 supply 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.

SB2228 - 38 - LRB099 16422 RLC 40755 b
Jurisdiction and venue for judicial review are vested in the
Circuit Court.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
Section 15. The Illinois Aeronautics Act is amended by
changing Sections 43d and 43e as follows:
(620 ILCS 5/43d) (from Ch. 15 1/2, par. 22.43d)
Sec. 43d. Intoxicated persons in or about aircraft.
(a) No person shall:
(1) Operate or attempt to operate any aircraft in this
State while under the influence of intoxicating liquor or
any narcotic drug or other controlled substance.
(2) Knowingly permit any individual who is under the
influence of intoxicating liquor or any narcotic drug or
other controlled substance to operate any aircraft owned by
the person or in his custody or control.
(3) Perform any act in connection with the maintenance
or operation of any aircraft when under the influence of
intoxicating liquor or any narcotic drug or other
controlled substance, except medication prescribed by a
physician which will not render the person incapable of
performing his duties safely.
(4)(i) Consume alcoholic liquor within 8 hours prior to
operating or acting as a crew member of any aircraft within
this State.

SB2228 - 39 - LRB099 16422 RLC 40755 b
(ii) Act as a crew member of any aircraft within this
State while under the influence of alcohol or when the
alcohol concentration in the person's blood, other bodily
substance, or breath is 0.04 or more based on the
definition of blood, other bodily substance, and breath
units contained in Section 11-501.2 of the Illinois Vehicle
Code.
(iii) Operate any aircraft within this State when the
alcohol concentration in the person's blood, other bodily
substance, or breath is 0.04 or more based on the
definition of blood, other bodily substance, and breath
units contained in Section 11-501.2 of the Illinois Vehicle
Code.
(iv) Operate or act as a crew member of any aircraft
within this State when there is any amount of a drug,
substance, or compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of cannabis as listed in the Cannabis Control
Act or a controlled substance as listed in the Illinois
Controlled Substances Act.
(5) Knowingly consume while a crew member of any
aircraft any intoxicating liquor, narcotic drug, or other
controlled substance while the aircraft is in operation.
(b) Any person who violates clause (4)(i) of subsection (a)
of this Section is guilty of a Class A misdemeanor. A person
who violates paragraph (2), (3), or (5) or clause (4)(ii) of

SB2228 - 40 - LRB099 16422 RLC 40755 b
subsection (a) of this Section is guilty of a Class 4 felony. A
person who violates paragraph (1) or clause (4)(iii) or (4)(iv)
of subsection (a) of this Section is guilty of a Class 3
felony.
(Source: P.A. 98-756, eff. 7-16-14.)
(620 ILCS 5/43e) (from Ch. 15 1/2, par. 22.43e)
Sec. 43e. (a) Any person who operates, is in actual
physical control or who acts as a crew member of any aircraft
in this State shall be deemed to have given consent, subject to
the provisions of Section 11-501.2 of the Illinois Vehicle
Code, to a chemical test or tests of blood, breath, other
bodily substance, or urine for the purpose of determining the
alcohol, other drug, or combination thereof content of the
person's blood if arrested or upon request by any law
enforcement officer where the officer has probable cause to
believe the person is in violation of Section 43d of this Act.
The test or tests shall be administered at the direction of the
arresting law enforcement officer and the agency employing the
officer shall designate which of the tests specified in this
Section shall be administered.
(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 of

SB2228 - 41 - LRB099 16422 RLC 40755 b
the Illinois Vehicle Code.
(c) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.04 or more or
discloses the presence of any illegal drug the law enforcement
officer shall immediately submit a sworn report containing that
information to the Federal Aviation Administration, Civil
Aeronautics Board or any other federal agency responsible for
the licensing of pilots and crew members. The test results
shall, in addition, be made available to any agency responsible
for relicensing or recertifying any pilot or crew member.
(Source: P.A. 87-458.)
Section 20. The Illinois Vehicle Code is amended by
changing Sections 2-118, 2-118.1, 6-106.1a, 6-208.1, 6-514,
6-517, 11-401, 11-500, 11-500.1, 11-501, 11-501.1, 11-501.2,
11-501.4, 11-501.4-1, 11-501.6, 11-501.8, and 11-507 as
follows:
(625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
Sec. 2-118. Hearings.
(a) Upon the suspension, revocation or denial of the
issuance of a license, permit, registration or certificate of
title under this Code of any person the Secretary of State
shall immediately notify such person in writing and upon his
written request shall, within 20 days after receipt thereof,
set a date for a hearing to commence within 90 calendar days

SB2228 - 42 - LRB099 16422 RLC 40755 b
from the date of the written request for all requests related
to a suspension, revocation, or the denial of the issuance of a
license, permit, registration, or certificate of title
occurring after July 1, 2002, in the County of Sangamon, the
County of Jefferson, or the County of Cook, as such person may
specify, unless both parties agree that such hearing may be
held in some other county. The Secretary may require the
payment of a fee of not more than $50 for the filing of any
petition, motion, or request for hearing conducted pursuant to
this Section. These fees must be deposited into the Secretary
of State DUI Administration Fund, a special fund created in the
State treasury, and, subject to appropriation and as directed
by the Secretary of State, shall be used for operation of the
Department of Administrative Hearings of the Office of the
Secretary of State and for no other purpose. The Secretary
shall establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(b) At any time after the suspension, revocation or denial
of a license, permit, registration or certificate of title of
any person as hereinbefore referred to, the Secretary of State,
in his or her discretion and without the necessity of a request
by such person, may hold such a hearing, upon not less than 10
days' notice in writing, in the Counties of Sangamon,
Jefferson, or Cook or in any other county agreed to by the
parties.
(c) Upon any such hearing, the Secretary of State, or his

SB2228 - 43 - LRB099 16422 RLC 40755 b
authorized agent may administer oaths and issue subpoenas for
the attendance of witnesses and the production of relevant
books and records and may require an examination of such
person. Upon any such hearing, the Secretary of State shall
either rescind or, good cause appearing therefor, continue,
change or extend the Order of Revocation or Suspension, or upon
petition therefore and subject to the provisions of this Code,
issue a restricted driving permit or reinstate the license or
permit of such person.
(d) All hearings and hearing procedures shall comply with
requirements of the Constitution, so that no person is deprived
of due process of law nor denied equal protection of the laws.
All hearings shall be held before the Secretary of State or
before such persons as may be designated by the Secretary of
State and appropriate records of such hearings shall be kept.
Where a transcript of the hearing is taken, the person
requesting the hearing shall have the opportunity to order a
copy thereof at his own expense. The Secretary of State shall
enter an order upon any hearing conducted under this Section,
related to a suspension, revocation, or the denial of the
issuance of a license, permit, registration, or certificate of
title occurring after July 1, 2002, within 90 days of its
conclusion and shall immediately notify the person in writing
of his or her action.
(d-5) Any hearing over which the Secretary of State has
jurisdiction because of a person's implied consent to testing

SB2228 - 44 - LRB099 16422 RLC 40755 b
of the person's blood, breath, other bodily substance, or urine
for the presence of alcohol, drugs, or intoxicating compounds
may be conducted upon a review of the official police reports.
Either party, however, may subpoena the arresting officer and
any other law enforcement officer who was involved in the
petitioner's arrest or processing after arrest, as well as any
other person whose testimony may be probative to the issues at
the hearing. The failure of a law enforcement officer to answer
the subpoena shall be considered grounds for a continuance if,
in the hearing officer's discretion, the continuance is
appropriate. The failure of the arresting officer to answer a
subpoena shall not, in and of itself, be considered grounds for
the rescission of an implied consent suspension. Rather, the
hearing shall proceed on the basis of the other evidence
available, and the hearing officer shall assign this evidence
whatever probative value is deemed appropriate. The decision
whether to rescind shall be based upon the totality of the
evidence.
(e) The action of the Secretary of State in suspending,
revoking or denying any license, permit, registration, or
certificate of title shall be subject to judicial review in the
Circuit Court of Sangamon County, in the Circuit Court of
Jefferson County, or in the Circuit Court of Cook County, and
the provisions of the Administrative Review Law, and all
amendments and modifications thereto, and the rules adopted
pursuant thereto, are hereby adopted and shall apply to and

SB2228 - 45 - LRB099 16422 RLC 40755 b
govern every action for the judicial review of final acts or
decisions of the Secretary of State hereunder.
(Source: P.A. 95-627, eff. 6-1-08; 96-184, eff. 8-10-09.)
(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
Sec. 2-118.1. Opportunity for hearing; statutory summary
alcohol or other drug related suspension or revocation pursuant
to Section 11-501.1.
(a) A statutory summary suspension or revocation of driving
privileges under Section 11-501.1 shall not become effective
until the person is notified in writing of the impending
suspension or revocation and informed that he may request a
hearing in the circuit court of venue under paragraph (b) of
this Section and the statutory summary suspension or revocation
shall become effective as provided in Section 11-501.1.
(b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section 11-501.1, the
person may make a written request for a judicial hearing in the
circuit court of venue. The request to the circuit court shall
state the grounds upon which the person seeks to have the
statutory summary suspension or revocation rescinded. Within
30 days after receipt of the written request or the first
appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a
local ordinance, the hearing shall be conducted by the circuit
court having jurisdiction. This judicial hearing, request, or

SB2228 - 46 - LRB099 16422 RLC 40755 b
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
Traffic Ticket out of state as provided in subsection (a)
of Section 11-501.1; and
2. Whether the officer had reasonable grounds to
believe that the person was driving or in actual physical
control of a motor vehicle upon a highway while under the
influence of alcohol, other drug, or combination of both;
and
3. Whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended or revoked if the person refused to submit to
and complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's blood

SB2228 - 47 - LRB099 16422 RLC 40755 b
alcohol or drug concentration; 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, a tetrahydrocannabinol concentration as
defined in paragraph 6 of subsection (a) of Section
11-501.2 of this Code, or any amount of a drug, substance,
or compound in the person's blood, other bodily substance,
or urine resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances
Act, an intoxicating compound as listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed
in the Methamphetamine Control and Community Protection
Act, and the person did submit to and complete the test or
tests that determined an alcohol concentration of 0.08 or
more.
4.2. (Blank).
4.5. (Blank).
5. If the person's driving privileges were revoked,
whether the person was involved in a motor vehicle accident
that caused Type A injury or death to another.
Upon the conclusion of the judicial hearing, the circuit
court shall sustain or rescind the statutory summary suspension
or revocation and immediately notify the Secretary of State.

SB2228 - 48 - LRB099 16422 RLC 40755 b
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; 98-1172, eff. 1-12-15.)
(625 ILCS 5/6-106.1a)
Sec. 6-106.1a. Cancellation of school bus driver permit;
trace of alcohol.
(a) A person who has been issued a school bus driver permit
by the Secretary of State in accordance with Section 6-106.1 of
this Code and who drives or is in actual physical control of a
school bus or any other vehicle owned or operated by or for a
public or private school, or a school operated by a religious
institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as
students in grade 12 or below, in connection with any activity
of the entities listed, upon the public highways of this State
shall be deemed to have given consent to a chemical test or
tests of blood, breath, other bodily substance, or urine for
the purpose of determining the alcohol content of the person's
blood if arrested, as evidenced by the issuance of a Uniform
Traffic Ticket for any violation of this Code or a similar
provision of a local ordinance, if a police officer has
probable cause to believe that the driver has consumed any
amount of an alcoholic beverage based upon evidence of the
driver's physical condition or other first hand knowledge of

SB2228 - 49 - LRB099 16422 RLC 40755 b
the police officer. The test or tests shall be administered at
the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the
aforesaid tests shall be administered. A urine or other bodily
substance test may be administered even after a blood or breath
test or both has been administered.
(b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that person incapable of refusal,
shall be deemed not to have withdrawn the consent provided by
paragraph (a) of this Section and the test or tests may be
administered subject to the following provisions:
(1) Chemical analysis of the person's blood, urine,
breath, or other bodily substance, to be considered valid
under the provisions of this Section, shall have been
performed according to standards promulgated by the
Department of State Police by an individual possessing a
valid permit issued by the Department of State Police for
this purpose. The Director of State Police is authorized to
approve satisfactory techniques or methods, to ascertain
the qualifications and competence of individuals to
conduct analyses, to issue permits that shall be subject to
termination or revocation at the direction of the
Department of State Police, and to certify the accuracy of
breath testing equipment. The Department of State Police
shall prescribe rules as necessary.
(2) When a person submits to a blood test at the

SB2228 - 50 - LRB099 16422 RLC 40755 b
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a licensed physician assistant, a licensed
advanced practice nurse, a registered nurse, or other
qualified person trained in venipuncture and acting under
the direction of a licensed physician may withdraw blood
for the purpose of determining the alcohol content. This
limitation does not apply to the taking of breath, other
bodily substance, or urine specimens.
(3) The person tested may have a physician, qualified
technician, chemist, registered nurse, or other qualified
person of his or her own choosing administer a chemical
test or tests in addition to any test or tests administered
at the direction of a law enforcement officer. The test
administered at the request of the person may be admissible
into evidence at a hearing conducted in accordance with
Section 2-118 of this Code. The failure or inability to
obtain an additional test by a person shall not preclude
the consideration of the previously performed chemical
test.
(4) Upon a request of the person who submits to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or that person's
attorney by the requesting law enforcement agency within 72
hours of receipt of the test result.

SB2228 - 51 - LRB099 16422 RLC 40755 b
(5) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(6) If a driver is receiving medical treatment as a
result of a motor vehicle accident, a physician licensed to
practice medicine, licensed physician assistant, licensed
advanced practice nurse, registered nurse, or other
qualified person trained in venipuncture and acting under
the direction of a licensed physician shall withdraw blood
for testing purposes to ascertain the presence of alcohol
upon the specific request of a law enforcement officer.
However, that testing shall not be performed until, in the
opinion of the medical personnel on scene, the withdrawal
can be made without interfering with or endangering the
well-being of the patient.
(c) A person requested to submit to a test as provided in
this Section shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration of
more than 0.00, may result in the loss of that person's
privilege to possess a school bus driver permit. The loss of
the individual's privilege to possess a school bus driver
permit shall be imposed in accordance with Section 6-106.1b of
this Code. A person requested to submit to a test under this
Section shall also acknowledge, in writing, receipt of the
warning required under this subsection (c). If the person

SB2228 - 52 - LRB099 16422 RLC 40755 b
refuses to acknowledge receipt of the warning, the law
enforcement officer shall make a written notation on the
warning that the person refused to sign the warning. A person's
refusal to sign the warning shall not be evidence that the
person was not read the warning.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of more than 0.00, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of more than 0.00. The law enforcement officer
shall submit the same sworn report when a person who has been
issued a school bus driver permit and who was operating a
school bus or any other vehicle owned or operated by or for a
public or private school, or a school operated by a religious
institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as
students in grade 12 or below, in connection with any activity
of the entities listed, submits to testing under Section
11-501.1 of this Code and the testing discloses an alcohol
concentration of more than 0.00 and less than the alcohol
concentration at which driving or being in actual physical
control of a motor vehicle is prohibited under paragraph (1) of
subsection (a) of Section 11-501.

SB2228 - 53 - LRB099 16422 RLC 40755 b
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the school bus
driver permit sanction on the individual's driving record and
the sanction shall be effective on the 46th day following the
date notice of the sanction was given to the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this school bus driver permit
sanction on the person and the sanction shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than
0.00 is established by a subsequent analysis of blood, other
bodily substance, or urine, the police officer or arresting
agency shall give notice as provided in this Section or by
deposit in the United States mail of that notice in an envelope
with postage prepaid and addressed to that person at his or her
last known address and the loss of the school bus driver permit
shall be effective on the 46th day following the date notice
was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
school bus driver permit sanction to the driver and the
driver's current employer by mailing a notice of the effective
date of the sanction to the individual. However, shall the
sworn report be defective by not containing sufficient
information or be completed in error, the notice of the school
bus driver permit sanction may not be mailed to the person or

SB2228 - 54 - LRB099 16422 RLC 40755 b
his current employer or entered to the driving record, but
rather the sworn report shall be returned to the issuing law
enforcement agency.
(e) A driver may contest this school bus driver permit
sanction by requesting an administrative hearing with the
Secretary of State in accordance with Section 2-118 of this
Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is
shown to be more than 0.00 shall not be subject to this Section
if the individual's blood alcohol concentration resulted only
from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing
shall not stay or delay the effective date of the impending
suspension. The scope of this hearing shall be limited to the
issues of:
(1) whether the police officer had probable cause to
believe that the person was driving or in actual physical
control of a school bus or any other vehicle owned or
operated by or for a public or private school, or a school
operated by a religious institution, when the vehicle is
being used over a regularly scheduled route for the
transportation of persons enrolled as students in grade 12
or below, in connection with any activity of the entities
listed, upon the public highways of the State and the

SB2228 - 55 - LRB099 16422 RLC 40755 b
police officer had reason to believe that the person was in
violation of any provision of this Code or a similar
provision of a local ordinance; and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of this Code or a similar
provision of a local ordinance; and
(3) whether the police officer had probable cause to
believe that the driver had consumed any amount of an
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to possess a school bus driver
permit would be canceled if the person refused to submit to
and complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol concentration; and
(5) whether the person, after being advised by the
officer that the privileges to possess a school bus driver
permit would be canceled if the person submits to a
chemical test or tests and the test or tests disclose an
alcohol concentration of more than 0.00 and the person did
submit to and complete the test or tests that determined an
alcohol concentration of more than 0.00; and
(6) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption

SB2228 - 56 - LRB099 16422 RLC 40755 b
of alcohol in the performance of a religious service or
ceremony; and
(7) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol through ingestion of the prescribed or
recommended dosage of medicine.
The Secretary of State may adopt administrative rules
setting forth circumstances under which the holder of a school
bus driver permit is not required to appear in person at the
hearing.
Provided that the petitioner may subpoena the officer, the
hearing may be conducted upon a review of the law enforcement
officer's own official reports. Failure of the officer to
answer the subpoena shall be grounds for a continuance if, in
the hearing officer's discretion, the continuance is
appropriate. At the conclusion of the hearing held under
Section 2-118 of this Code, the Secretary of State may rescind,
continue, or modify the school bus driver permit sanction.
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that the
results of the testing may be considered at a hearing held
under Section 2-118 of this Code. However, the results of the
testing may not be used to impose driver's license sanctions
under Section 11-501.1 of this Code. A law enforcement officer
may, however, pursue a statutory summary suspension or

SB2228 - 57 - LRB099 16422 RLC 40755 b
revocation of driving privileges under Section 11-501.1 of this
Code if other physical evidence or first hand knowledge forms
the basis of that suspension or revocation.
(g) This Section applies only to drivers who have been
issued a school bus driver permit in accordance with Section
6-106.1 of this Code at the time of the issuance of the Uniform
Traffic Ticket for a violation of this Code or a similar
provision of a local ordinance, and a chemical test request is
made under this Section.
(h) The action of the Secretary of State in suspending,
revoking, canceling, or denying any license, permit,
registration, or certificate of title shall be subject to
judicial review in the Circuit Court of Sangamon County or in
the Circuit Court of Cook County, and the provisions of the
Administrative Review Law and its rules are hereby adopted and
shall apply to and govern every action for the judicial review
of final acts or decisions of the Secretary of State under this
Section.
(Source: P.A. 99-467, eff. 1-1-16.)
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension or
revocation.
(a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor vehicle

SB2228 - 58 - LRB099 16422 RLC 40755 b
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, other
drug, or intoxicating compound concentration under Section
11-501.1, if the person was not involved in a motor vehicle
accident 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, the presence of cannabis as
listed in the Cannabis Control Act with a
tetrahydrocannabinol concentration as defined in paragraph
6 of subsection (a) of Section 11-501.2 of this Code, or
any amount of a drug, substance, or intoxicating compound
in such person's breath, blood, other bodily substance, 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

SB2228 - 59 - LRB099 16422 RLC 40755 b
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, the presence of cannabis as listed in
the Cannabis Control Act with a tetrahydrocannabinol
concentration as defined in paragraph 6 of subsection (a)
of Section 11-501.2 of this Code, or any amount of a drug,
substance or compound in such person's blood, other bodily
substance, 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).
(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

SB2228 - 60 - LRB099 16422 RLC 40755 b
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) A first offender who refused chemical testing and whose
driving privileges were summarily revoked pursuant to Section
11-501.1 shall not be eligible for a monitoring device driving
permit, but may make application for reinstatement or for a
restricted driving permit after a period of one year has
elapsed from the effective date of the revocation.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14;

SB2228 - 61 - LRB099 16422 RLC 40755 b
98-1172, eff. 1-12-15; 99-467, eff. 1-1-16.)
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
Sec. 6-514. Commercial driver's license (CDL); commercial
learner's permit (CLP); 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 to determine the driver's blood concentration of
alcohol, other drug, or both 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, other
bodily substance, or urine is at least 0.04, or any amount
of a drug, substance, or compound in the person's blood,
other bodily substance, 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, other bodily

SB2228 - 62 - LRB099 16422 RLC 40755 b
substance, 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, other bodily
substance, 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 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

SB2228 - 63 - LRB099 16422 RLC 40755 b
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,
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).
(b) A person is disqualified for life for a second

SB2228 - 64 - LRB099 16422 RLC 40755 b
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,
occurring within a 3 year period, provided the serious traffic

SB2228 - 65 - LRB099 16422 RLC 40755 b
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
shall originate notification to such issuing jurisdiction

SB2228 - 66 - LRB099 16422 RLC 40755 b
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
(3) of subsection (b) or subsection (b-5) of Section 6-507

SB2228 - 67 - LRB099 16422 RLC 40755 b
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
stop, failing to slow down and check that the tracks

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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
from operating a commercial motor vehicle for not less

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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.
Department of Transportation, Federal Motor Carrier Safety

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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.
(l) A foreign commercial driver is subject to
disqualification under this Section.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-122, eff. 1-1-14; 98-176 (see Section 10 of P.A. 98-722 and
Section 10 of P.A. 99-414 for the effective date of changes
made by P.A. 98-176); 98-722, eff. 7-16-14; 98-756, eff.
7-16-14; 98-1172, eff. 1-12-15.)
(625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
Sec. 6-517. Commercial driver; implied consent warnings.
(a) Any person driving a commercial motor vehicle who is
requested by a police officer, pursuant to Section 6-516, to
submit to a chemical test or tests to determine the alcohol
concentration or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act, a controlled substance
listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act in such
person's system, must be warned by the police officer
requesting the test or tests that a refusal to submit to the

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test or tests will result in that person being immediately
placed out-of-service for a period of 24 hours and being
disqualified from operating a commercial motor vehicle for a
period of not less than 12 months; the person shall also be
warned that if such person submits to testing which discloses
an alcohol concentration of greater than 0.00 but less than
0.04 or any amount of a drug, substance, or compound in such
person's blood, other bodily substance, 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, such person shall be placed
immediately out-of-service for a period of 24 hours; if the
person submits to testing which discloses an alcohol
concentration of 0.04 or more or any amount of a drug,
substance, or compound in such person's blood, other bodily
substance, 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, such
person shall be placed immediately out-of-service and
disqualified from driving a commercial motor vehicle for a

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period of at least 12 months; also the person shall be warned
that if such testing discloses an alcohol concentration of
0.08, or more or any amount of a drug, substance, or compound
in such person's blood, other bodily substance, 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, in
addition to the person being immediately placed out-of-service
and disqualified for 12 months as provided in this UCDLA, the
results of such testing shall also be admissible in
prosecutions for violations of Section 11-501 of this Code, or
similar violations of local ordinances, however, such results
shall not be used to impose any driving sanctions pursuant to
Section 11-501.1 of this Code.
The person shall also be warned that any disqualification
imposed pursuant to this Section, shall be for life for any
such offense or refusal, or combination thereof; including a
conviction for violating Section 11-501 while driving a
commercial motor vehicle, or similar provisions of local
ordinances, committed a second time involving separate
incidents.
A person requested to submit to a test shall also
acknowledge, in writing, receipt of the warning required under

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this Section. If the person refuses to acknowledge receipt of
the warning, the police officer shall make a written notation
on the warning that the person refused to sign the warning. A
person's refusal to sign the warning shall not be evidence that
the person was not read the warning.
(b) If the person refuses or fails to complete testing, or
submits to a test which discloses an alcohol concentration of
at least 0.04, or any amount of a drug, substance, or compound
in such person's blood, other bodily substance, 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 must submit a Sworn Report to the Secretary
of State, in a form prescribed by the Secretary, certifying
that the test or tests was requested pursuant to paragraph (a);
that the person was warned, as provided in paragraph (a) and
that such person refused to submit to or failed to complete
testing, or submitted to a test which disclosed an alcohol
concentration of 0.04 or more, or any amount of a drug,
substance, or compound in such person's blood, other bodily
substance, 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

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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.
(c) The police officer submitting the Sworn Report under
this Section shall serve notice of the CDL disqualification on
the person and such CDL disqualification shall be effective as
provided in paragraph (d). In cases where the blood alcohol
concentration of 0.04 or more, or any amount of a drug,
substance, or compound in such person's blood, other bodily
substance, 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, is
established by subsequent analysis of blood, other bodily
substance, or urine collected at the time of the request, the
police officer shall give notice as provided in this Section or
by deposit in the United States mail of such notice as provided
in this Section or by deposit in the United States mail of such
notice in an envelope with postage prepaid and addressed to
such person's domiciliary address as shown on the Sworn Report
and the CDL disqualification shall begin as provided in
paragraph (d).
(d) The CDL disqualification referred to in this Section
shall take effect on the 46th day following the date the Sworn

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Report was given to the affected person.
(e) Upon receipt of the Sworn Report from the police
officer, the Secretary of State shall disqualify the person
from driving any commercial motor vehicle and shall confirm the
CDL disqualification by mailing the notice of the effective
date to the person. However, should the Sworn Report be
defective by not containing sufficient information or be
completed in error, the confirmation of the CDL
disqualification shall not be mailed to the affected person or
entered into the record, instead the Sworn Report shall be
forwarded to the issuing agency identifying any such defect.
(Source: P.A. 99-467, eff. 1-1-16.)
(625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
Sec. 11-401. Motor vehicle accidents involving death or
personal injuries.
(a) The driver of any vehicle involved in a motor vehicle
accident resulting in personal injury to or death of any person
shall immediately stop such vehicle at the scene of such
accident, or as close thereto as possible and shall then
forthwith return to, and in every event shall remain at the
scene of the accident until the requirements of Section 11-403
have been fulfilled. Every such stop shall be made without
obstructing traffic more than is necessary.
(b) Any person who has failed to stop or to comply with the
requirements of paragraph (a) shall, as soon as possible but in

SB2228 - 76 - LRB099 16422 RLC 40755 b
no case later than one-half hour after such motor vehicle
accident, or, if hospitalized and incapacitated from reporting
at any time during such period, as soon as possible but in no
case later than one-half hour after being discharged from the
hospital, report the place of the accident, the date, the
approximate time, the driver's name and address, the
registration number of the vehicle driven, and the names of all
other occupants of such vehicle, at a police station or
sheriff's office near the place where such accident occurred.
No report made as required under this paragraph shall be used,
directly or indirectly, as a basis for the prosecution of any
violation of paragraph (a).
(b-1) Any person arrested for violating this Section is
subject to chemical testing of his or her blood, breath, other
bodily substance, or urine for the presence of alcohol, other
drug or drugs, intoxicating compound or compounds, or any
combination thereof, as provided in Section 11-501.1, if the
testing occurs within 12 hours of the time of the occurrence of
the accident that led to his or her arrest. The person's
driving privileges are subject to statutory summary suspension
under Section 11-501.1 if he or she fails testing or statutory
summary revocation under Section 11-501.1 if he or she refuses
to undergo the testing.
For purposes of this Section, personal injury shall mean
any injury requiring immediate professional treatment in a
medical facility or doctor's office.

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(c) Any person failing to comply with paragraph (a) shall
be guilty of a Class 4 felony.
(d) Any person failing to comply with paragraph (b) is
guilty of a Class 2 felony if the motor vehicle accident does
not result in the death of any person. Any person failing to
comply with paragraph (b) when the accident results in the
death of any person is guilty of a Class 1 felony.
(e) The Secretary of State shall revoke the driving
privilege of any person convicted of a violation of this
Section.
(Source: P.A. 95-347, eff. 1-1-08; 96-1344, eff. 7-1-11.)
(625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
Sec. 11-500. Definitions. For the purposes of interpreting
Sections 6-206.1 and 6-208.1 of this Code, "first offender"
shall mean any person who has not had a previous conviction or
court assigned supervision for violating Section 11-501, or a
similar provision of a local ordinance, or a conviction in any
other state for a violation of driving while under the
influence or a similar offense where the cause of action is the
same or substantially similar to this Code or similar offenses
committed on a military installation, or any person who has not
had a driver's license suspension pursuant to paragraph 6 of
subsection (a) of Section 6-206 as the result of refusal of
chemical testing in another state, or any person who has not
had a driver's license suspension or revocation for violating

SB2228 - 78 - LRB099 16422 RLC 40755 b
Section 11-501.1 within 5 years prior to the date of the
current offense, except in cases where the driver submitted to
chemical testing resulting in an alcohol concentration of 0.08
or more, or any amount of a drug, substance, or compound in
such person's blood, other bodily substance, or urine resulting
from the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act, or
methamphetamine as listed in the Methamphetamine Control and
Community Protection Act and was subsequently found not guilty
of violating Section 11-501, or a similar provision of a local
ordinance.
(Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09;
96-1344, eff. 7-1-11.)
(625 ILCS 5/11-500.1)
Sec. 11-500.1. Immunity.
(a) A person authorized under this Article to withdraw
blood or collect urine or other bodily substance shall not be
civilly liable for damages when the person, in good faith,
withdraws blood or collects urine or other bodily substance for
evidentiary purposes under this Code, upon the request of a law
enforcement officer, unless the act is performed in a willful
and wanton manner.
(b) As used in this Section, "willful and wanton manner"

SB2228 - 79 - LRB099 16422 RLC 40755 b
means a course of action that shows an actual or deliberate
intention to cause harm or which, if not intentional, shows an
utter indifference to or conscious disregard for the health or
safety of another.
(Source: P.A. 89-689, eff. 12-31-96.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood,
other bodily substance, or breath is 0.08 or more based on
the definition of blood and breath units in Section
11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or
combination of intoxicating compounds to a degree that
renders the person incapable of driving safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other drug
or drugs, or intoxicating compound or compounds to a degree
that renders the person incapable of safely driving; or

SB2228 - 80 - LRB099 16422 RLC 40755 b
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, other bodily
substance, 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
(7) the person has, within 2 hours of driving or being
in actual physical control of a vehicle, a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance as defined in paragraph 6
of subsection (a) of Section 11-501.2 of this Code. Subject
to all other requirements and provisions under this
Section, this paragraph (7) (6) does not apply to the
lawful consumption of cannabis by a qualifying patient
licensed under the Compassionate Use of Medical Cannabis
Pilot Program Act who is in possession of a valid registry
card issued under that Act, unless that person is impaired
by the use of cannabis.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol,
cannabis under the Compassionate Use of Medical Cannabis Pilot
Program Act, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, shall not constitute a

SB2228 - 81 - LRB099 16422 RLC 40755 b
defense against any charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
person convicted of violating subsection (a) of this
Section is guilty of a Class A misdemeanor.
(2) A person who violates subsection (a) or a similar
provision a second time shall be sentenced to a mandatory
minimum term of either 5 days of imprisonment or 240 hours
of community service in addition to any other criminal or
administrative sanction.
(3) A person who violates subsection (a) is subject to
6 months of imprisonment, an additional mandatory minimum
fine of $1,000, and 25 days of community service in a
program benefiting children if the person was transporting
a person under the age of 16 at the time of the violation.
(4) A person who violates subsection (a) a first time,
if the alcohol concentration in his or her blood, breath,
other bodily substance, or urine was 0.16 or more based on
the definition of blood, breath, other bodily substance, or
urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 100 hours of community service and a
mandatory minimum fine of $500.
(5) A person who violates subsection (a) a second time,
if at the time of the second violation the alcohol
concentration in his or her blood, breath, other bodily

SB2228 - 82 - LRB099 16422 RLC 40755 b
substance, or urine was 0.16 or more based on the
definition of blood, breath, other bodily substance, or
urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 2 days of imprisonment and a mandatory
minimum fine of $1,250.
(d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
(1) Every person convicted of committing a violation of
this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of subsection
(a) or a similar provision for the third or subsequent
time;
(B) the person committed a violation of subsection
(a) while driving a school bus with one or more
passengers on board;
(C) the person in committing a violation of
subsection (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries;
(D) the person committed a violation of subsection

SB2228 - 83 - LRB099 16422 RLC 40755 b
(a) and has been previously convicted of violating
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a similar provision of a law
of another state relating to reckless homicide in which
the person was determined to have been under the
influence of alcohol, other drug or drugs, or
intoxicating compound or compounds as an element of the
offense or the person has previously been convicted
under subparagraph (C) or subparagraph (F) of this
paragraph (1);
(E) the person, in committing a violation of
subsection (a) while driving at any speed in a school
speed zone at a time when a speed limit of 20 miles per
hour was in effect under subsection (a) of Section
11-605 of this Code, was involved in a motor vehicle
accident that resulted in bodily harm, other than great
bodily harm or permanent disability or disfigurement,
to another person, when the violation of subsection (a)
was a proximate cause of the bodily harm;
(F) the person, in committing a violation of
subsection (a), was involved in a motor vehicle,
snowmobile, all-terrain vehicle, or watercraft
accident that resulted in the death of another person,
when the violation of subsection (a) was a proximate
cause of the death;
(G) the person committed a violation of subsection

SB2228 - 84 - LRB099 16422 RLC 40755 b
(a) during a period in which the defendant's driving
privileges are revoked or suspended, where the
revocation or suspension was for a violation of
subsection (a) or a similar provision, Section
11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(H) the person committed the violation while he or
she did not possess a driver's license or permit or a
restricted driving permit or a judicial driving permit
or a monitoring device driving permit;
(I) the person committed the violation while he or
she knew or should have known that the vehicle he or
she was driving was not covered by a liability
insurance policy;
(J) the person in committing a violation of
subsection (a) was involved in a motor vehicle accident
that resulted in bodily harm, but not great bodily
harm, to the child under the age of 16 being
transported by the person, if the violation was the
proximate cause of the injury;
(K) the person in committing a second violation of
subsection (a) or a similar provision was transporting
a person under the age of 16; or
(L) the person committed a violation of subsection
(a) of this Section while transporting one or more

SB2228 - 85 - LRB099 16422 RLC 40755 b
passengers in a vehicle for-hire.
(2)(A) Except as provided otherwise, a person
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is guilty of a Class
4 felony.
(B) A third violation of this Section or a similar
provision is a Class 2 felony. If at the time of the third
violation the alcohol concentration in his or her blood,
breath, other bodily substance, or urine was 0.16 or more
based on the definition of blood, breath, other bodily
substance, or urine units in Section 11-501.2, a mandatory
minimum of 90 days of imprisonment and a mandatory minimum
fine of $2,500 shall be imposed in addition to any other
criminal or administrative sanction. If at the time of the
third violation, the defendant was transporting a person
under the age of 16, a mandatory fine of $25,000 and 25
days of community service in a program benefiting children
shall be imposed in addition to any other criminal or
administrative sanction.
(C) A fourth violation of this Section or a similar
provision is a Class 2 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, other bodily substance, or
urine was 0.16 or more based on the definition of blood,

SB2228 - 86 - LRB099 16422 RLC 40755 b
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or administrative
sanction. If at the time of the fourth violation, the
defendant was transporting a person under the age of 16 a
mandatory fine of $25,000 and 25 days of community service
in a program benefiting children shall be imposed in
addition to any other criminal or administrative sanction.
(D) A fifth violation of this Section or a similar
provision is a Class 1 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or administrative
sanction. If at the time of the fifth violation, the
defendant was transporting a person under the age of 16, a
mandatory fine of $25,000, and 25 days of community service
in a program benefiting children shall be imposed in
addition to any other criminal or administrative sanction.
(E) A sixth or subsequent violation of this Section or
similar provision is a Class X felony. If at the time of
the violation, the alcohol concentration in the
defendant's blood, breath, other bodily substance, or

SB2228 - 87 - LRB099 16422 RLC 40755 b
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or administrative
sanction. If at the time of the violation, the defendant
was transporting a person under the age of 16, a mandatory
fine of $25,000 and 25 days of community service in a
program benefiting children shall be imposed in addition to
any other criminal or administrative sanction.
(F) For a violation of subparagraph (C) of paragraph
(1) of this subsection (d), the defendant, if sentenced to
a term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years.
(G) A violation of subparagraph (F) of paragraph (1) of
this subsection (d) is a Class 2 felony, for which the
defendant, unless the court determines that extraordinary
circumstances exist and require probation, shall be
sentenced to: (i) a term of imprisonment of not less than 3
years and not more than 14 years if the violation resulted
in the death of one person; or (ii) a term of imprisonment
of not less than 6 years and not more than 28 years if the
violation resulted in the deaths of 2 or more persons.
(H) For a violation of subparagraph (J) of paragraph
(1) of this subsection (d), a mandatory fine of $2,500, and
25 days of community service in a program benefiting
children shall be imposed in addition to any other criminal

SB2228 - 88 - LRB099 16422 RLC 40755 b
or administrative sanction.
(I) A violation of subparagraph (K) of paragraph (1) of
this subsection (d), is a Class 2 felony and a mandatory
fine of $2,500, and 25 days of community service in a
program benefiting children shall be imposed in addition to
any other criminal or administrative sanction. If the child
being transported suffered bodily harm, but not great
bodily harm, in a motor vehicle accident, and the violation
was the proximate cause of that injury, a mandatory fine of
$5,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(J) A violation of subparagraph (D) of paragraph (1) of
this subsection (d) is a Class 3 felony, for which a
sentence of probation or conditional discharge may not be
imposed.
(3) Any person sentenced under this subsection (d) who
receives a term of probation or conditional discharge must
serve a minimum term of either 480 hours of community
service or 10 days of imprisonment as a condition of the
probation or conditional discharge in addition to any other
criminal or administrative sanction.
(e) Any reference to a prior violation of subsection (a) or
a similar provision includes any violation of a provision of a
local ordinance or a provision of a law of another state or an
offense committed on a military installation that is similar to

SB2228 - 89 - LRB099 16422 RLC 40755 b
a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this Section
shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has
been revoked for a previous violation of subsection (a) of this
Section shall be in addition to the penalty imposed for any
subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14;
98-573, eff. 8-27-13; 98-756, eff. 7-16-14.)
(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,
other bodily substance, 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

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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 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.
Up to 2 additional tests of A urine or other bodily substance
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

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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).
(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
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

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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, other bodily
substance, or breath is 0.08 or greater, or testing discloses
the presence of cannabis as listed in the Cannabis Control Act
with a tetrahydrocannabinol concentration as defined in
paragraph 6 of subsection (a) of Section 11-501.2 of this Code,
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,
other bodily substance or urine, a statutory summary suspension
of the person's privilege to operate a motor vehicle, as
provided in Sections 6-208.1 and 11-501.1 of this Code, will be
imposed. If the person is also a CDL holder, he or she shall 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,

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other bodily substance, 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,
other bodily substance, or urine, and a disqualification of the
person's privilege to operate a commercial motor vehicle, as
provided in Section 6-514 of this Code, if the person is a CDL
holder, will be imposed.
A person who is under the age of 21 at the time the person
is requested to submit to a test as provided above shall, in
addition to the warnings provided for in this Section, be
further warned by the law enforcement officer requesting the
test that if the person submits to the test or tests provided
in paragraph (a) of this Section and the alcohol concentration
in the person's blood, other bodily substance, 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

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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.
A person requested to submit to a test shall also
acknowledge, in writing, receipt of the warning required under
this Section. If the person refuses to acknowledge receipt of
the warning, the law enforcement officer shall make a written
notation on the warning that the person refused to sign the
warning. A person's refusal to sign the warning shall not be
evidence that the person was not read the warning.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of 0.08 or more, or testing
discloses the presence of cannabis as listed in the Cannabis
Control Act with a tetrahydrocannabinol concentration as
defined in paragraph 6 of subsection (a) of Section 11-501.2 of
this Code, or any amount of a drug, substance, or intoxicating
compound in the person's breath, blood, other bodily substance,
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

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the circuit court of venue and the Secretary of State,
certifying that the test or tests was or were requested under
paragraph (a) and the person refused to submit to a test, or
tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more, testing discloses the presence
of cannabis as listed in the Cannabis Control Act with a
tetrahydrocannabinol concentration as defined in paragraph 6
of subsection (a) of Section 11-501.2 of this Code, or any
amount of a drug, substance, or intoxicating compound in the
person's breath, blood, other bodily substance, or urine
resulting from the unlawful use or consumption of 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. If the
person is also a CDL holder and refuses testing or submits to a
test that discloses an alcohol concentration of 0.08 or more,
or any amount of a drug, substance, or intoxicating compound in
the person's breath, blood, other bodily substance, 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 also immediately submit a sworn

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report to the circuit court of venue and the Secretary of
State, certifying that the test or tests was or were requested
under paragraph (a) and the person refused to submit to a test,
or tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath,
blood, other bodily substance, 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.
(e) Upon receipt of the sworn report of a law enforcement
officer submitted under paragraph (d), the Secretary of State
shall enter the statutory summary suspension or revocation and
disqualification for the periods specified in Sections 6-208.1
and 6-514, respectively, and effective as provided in paragraph
(g).
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,

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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 involving a person who is not a CDL holder
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 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, other bodily substance, or
urine or analysis of whole blood or other bodily substance

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establishes a tetrahydrocannabinol concentration as
defined in paragraph 6 of subsection (a) of Section
11-501.2 of this Code, 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 or her address as shown on
the Uniform Traffic Ticket and the statutory summary
suspension and disqualification shall begin as provided in
paragraph (g).
(1.3) In cases involving a person who is a CDL holder
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 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, other bodily substance, 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 or her address as shown on
the Uniform Traffic Ticket and the statutory summary

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suspension and disqualification shall begin as provided in
paragraph (g).
(1.5) 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).
(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

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containing sufficient information or be completed in error, the
confirmation of the statutory summary suspension or revocation
shall not be mailed to the person or entered to the record;
instead, the sworn report shall be forwarded to the court of
venue with a copy returned to the issuing agency identifying
any defect.
(i) As used in this Section, "personal injury" includes any
Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or a medical
facility. A Type A injury includes severely bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
99-467, eff. 1-1-16.)
(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

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be admissible. Where such test is made the following provisions
shall apply:
1. Chemical analyses of the person's blood, urine,
breath, or other bodily substance to be considered valid
under the provisions of this Section shall have been
performed according to standards promulgated by the
Department of State Police by a licensed physician,
registered nurse, trained phlebotomist, licensed
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 licensed
paramedic, or other qualified person approved by the
Department of State Police may withdraw blood for the

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purpose of determining the alcohol, drug, or alcohol and
drug content therein. This limitation shall not apply to
the taking of breath, other bodily substance, 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 licensed 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

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chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or such person's
attorney.
5. Alcohol concentration shall mean either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
6. Tetrahydrocannabinol concentration means either 5
nanograms or more of delta-9-tetrahydrocannabinol per
milliliter of whole blood or 10 nanograms or more of
delta-9-tetrahydrocannabinol per milliliter of other
bodily substance.
(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

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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
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 card holder lacked the

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physical capacity to perform the standardized field
sobriety tests.
(b) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while driving or in actual physical control of a
vehicle while under the influence of alcohol, the concentration
of alcohol in the person's blood or breath at the time alleged
as shown by analysis of the person's blood, urine, breath, or
other bodily substance shall give rise to the following
presumptions:
1. If there was at that time an alcohol concentration
of 0.05 or less, it shall be presumed that the person was
not under the influence of alcohol.
2. If there was at that time an alcohol concentration
in excess of 0.05 but less than 0.08, such facts shall not
give rise to any presumption that the person was or was not
under the influence of alcohol, but such fact may be
considered with other competent evidence in determining
whether the person was under the influence of alcohol.
3. If there was at that time an alcohol concentration
of 0.08 or more, it shall be presumed that the person was
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.

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(b-5) 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, other drug or
drugs, intoxicating compound or compounds or any combination
thereof, the concentration of cannabis in the person's whole
blood or other bodily substance at the time alleged as shown by
analysis of the person's blood or other bodily substance shall
give rise to the following presumptions:
1. If there was a tetrahydrocannabinol concentration
of 5 nanograms or more in whole blood or 10 nanograms or
more in an other bodily substance as defined in this
Section, it shall be presumed that the person was under the
influence of cannabis.
2. If there was at that time a tetrahydrocannabinol
concentration of less than 5 nanograms in whole blood or
less than 10 nanograms in an other bodily substance, such
facts shall not give rise to any presumption that the
person was or was not under the influence of cannabis, but
such fact may be considered with other competent evidence
in determining whether the person was under the influence
of cannabis.
(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

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have been committed while the person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof was driving or in actual
physical control of a motor vehicle.
2. Notwithstanding any ability to refuse under this Code to
submit to these tests or any ability to revoke the implied
consent to these tests, if a law enforcement officer has
probable cause to believe that a motor vehicle driven by or in
actual physical control of a person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof has caused the death or
personal injury to another, the law enforcement officer shall
request, and that person shall submit, upon the request of a
law enforcement officer, to a chemical test or tests of his or
her blood, breath, other bodily substance, 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

SB2228 - 108 - LRB099 16422 RLC 40755 b
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
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.
(e) Department of State Police compliance with the changes
in this amendatory Act of the 99th General Assembly concerning
testing of other bodily substances and tetrahydrocannabinol
concentration by Department of State Police laboratories is
subject to appropriation and until the Department of State
Police adopt standards and completion validation. Any
laboratories that test for the presence of cannabis or other
drugs under this Article, the Snowmobile Registration and
Safety Act, or the Boat Registration and Safety Act must comply
with ISO/IEC 17025:2005.
(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; 98-973, eff.
8-15-14; 98-1172, eff. 1-12-15.)
(625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
Sec. 11-501.4. Admissibility of chemical tests of blood,
other bodily substance, or urine conducted in the regular
course of providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results

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of blood, other bodily substance, or urine tests performed for
the purpose of determining the content of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof, of an individual's blood, other bodily
substance, or urine conducted upon persons receiving medical
treatment in a hospital emergency room are admissible in
evidence as a business record exception to the hearsay rule
only in prosecutions for any violation of Section 11-501 of
this Code or a similar provision of a local ordinance, or in
prosecutions for reckless homicide brought under the Criminal
Code of 1961 or the Criminal Code of 2012, when each of the
following criteria are met:
(1) the chemical tests performed upon an individual's
blood, other bodily substance, or urine were ordered in the
regular course of providing emergency medical treatment
and not at the request of law enforcement authorities;
(2) the chemical tests performed upon an individual's
blood, other bodily substance, or urine were performed by
the laboratory routinely used by the hospital; and
(3) results of chemical tests performed upon an
individual's blood, other bodily substance, or urine are
admissible into evidence regardless of the time that the
records were prepared.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to chemical tests performed upon an individual's

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blood, other bodily substance, or urine under the provisions of
this Section in prosecutions as specified in subsection (a) of
this Section. No person shall be liable for civil damages as a
result of the evidentiary use of chemical testing of an
individual's blood, other bodily substance, or urine test
results under this Section, or as a result of that person's
testimony made available under this Section.
(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
(625 ILCS 5/11-501.4-1)
Sec. 11-501.4-1. Reporting of test results of blood, other
bodily substance, or urine conducted in the regular course of
providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results
of blood, other bodily substance, or urine tests performed for
the purpose of determining the content of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof, in an individual's blood, other bodily
substance, or urine conducted upon persons receiving medical
treatment in a hospital emergency room for injuries resulting
from a motor vehicle accident shall be disclosed to the
Department of State Police or local law enforcement agencies of
jurisdiction, upon request. Such blood, other bodily
substance, or urine tests are admissible in evidence as a
business record exception to the hearsay rule only in
prosecutions for any violation of Section 11-501 of this Code

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or a similar provision of a local ordinance, or in prosecutions
for reckless homicide brought under the Criminal Code of 1961
or the Criminal Code of 2012.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to tests performed upon an individual's blood,
other bodily substance, or urine under the provisions of
subsection (a) of this Section. No person shall be liable for
civil damages or professional discipline as a result of the
disclosure or reporting of the tests or the evidentiary use of
an individual's blood, other bodily substance, or urine test
results under this Section or Section 11-501.4 or as a result
of that person's testimony made available under this Section or
Section 11-501.4, except for willful or wanton misconduct.
(Source: P.A. 97-1150, eff. 1-25-13.)
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
Sec. 11-501.6. Driver involvement in personal injury or
fatal motor vehicle accident; chemical test.
(a) Any person who drives or is in actual control of a
motor vehicle upon the public highways of this State and who
has been involved in a personal injury or fatal motor vehicle
accident, shall be deemed to have given consent to a breath
test using a portable device as approved by the Department of
State Police or to a chemical test or tests of blood, breath,
other bodily substance, or urine for the purpose of determining

SB2228 - 112 - LRB099 16422 RLC 40755 b
the content of alcohol, other drug or drugs, or intoxicating
compound or compounds of such person's blood if arrested as
evidenced by the issuance of a Uniform Traffic Ticket for any
violation of the Illinois Vehicle Code or a similar provision
of a local ordinance, with the exception of equipment
violations contained in Chapter 12 of this Code, or similar
provisions of local ordinances. The test or tests shall be
administered at the direction of the arresting officer. The law
enforcement agency employing the officer shall designate which
of the aforesaid tests shall be administered. Up to 2
additional tests of A urine or other bodily substance test may
be administered even after a blood or breath test or both has
been administered. Compliance with this Section does not
relieve such person from the requirements of Section 11-501.1
of this Code.
(b) Any person who is dead, unconscious or who is otherwise
in a condition rendering such person incapable of refusal shall
be deemed not to have withdrawn the consent provided by
subsection (a) of this Section. In addition, if a driver of a
vehicle is receiving medical treatment as a result of a motor
vehicle accident, any physician licensed to practice medicine,
licensed physician assistant, licensed advanced practice
nurse, registered nurse or a phlebotomist acting under the
direction of a licensed physician shall withdraw blood for
testing purposes to ascertain the presence of alcohol, other
drug or drugs, or intoxicating compound or compounds, upon the

SB2228 - 113 - LRB099 16422 RLC 40755 b
specific request of a law enforcement officer. However, no such
testing shall be performed until, in the opinion of the medical
personnel on scene, the withdrawal can be made without
interfering with or endangering the well-being of the patient.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test, or submission to
the test resulting in an alcohol concentration of 0.08 or more,
or testing discloses the presence of cannabis as listed in the
Cannabis Control Act with a tetrahydrocannabinol concentration
as defined in paragraph 6 of subsection (a) of Section 11-501.2
of this Code, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of cannabis, as covered by the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act as
detected in such person's blood, other bodily substance, or
urine, may result in the suspension of such person's privilege
to operate a motor vehicle. If the person is also a CDL holder,
he or she shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration of
0.08 or more, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or

SB2228 - 114 - LRB099 16422 RLC 40755 b
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 as
detected in the person's blood, other bodily substance, or
urine, and may result in the disqualification of the person's
privilege to operate a commercial motor vehicle, as provided in
Section 6-514 of this Code, if the person is a CDL holder. The
length of the suspension shall be the same as outlined in
Section 6-208.1 of this Code regarding statutory summary
suspensions.
A person requested to submit to a test shall also
acknowledge, in writing, receipt of the warning required under
this Section. If the person refuses to acknowledge receipt of
the warning, the law enforcement officer shall make a written
notation on the warning that the person refused to sign the
warning. A person's refusal to sign the warning shall not be
evidence that the person was not read the warning.
(d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.08 or more, the
presence of cannabis as listed in the Cannabis Control Act with
a tetrahydrocannabinol concentration as defined in paragraph 6
of subsection (a) of Section 11-501.2 of this Code, or any
amount of a drug, substance, or intoxicating compound in such
person's blood or urine resulting from the unlawful use or

SB2228 - 115 - LRB099 16422 RLC 40755 b
consumption of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary,
certifying that the test or tests were requested under pursuant
to subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of 0.08 or more, the presence of cannabis as
listed in the Cannabis Control Act with a tetrahydrocannabinol
concentration as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in such person's blood,
other bodily substance, 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. If the
person is also a CDL holder and refuses testing or submits to a
test which discloses an alcohol concentration of 0.08 or more,
or any amount of a drug, substance, or intoxicating compound in
the person's blood, other bodily substance, or urine resulting
from the unlawful use or consumption of cannabis listed in the

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Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or
methamphetamine as listed in the Methamphetamine Control and
Community Protection Act, the law enforcement officer shall
immediately submit a sworn report to the Secretary of State on
a form prescribed by the Secretary, certifying that the test or
tests were requested under subsection (a) and the person
refused to submit to a test or tests or submitted to testing
which disclosed an alcohol concentration of 0.08 or more, or
any amount of a drug, substance, or intoxicating compound in
such person's blood, other bodily substance, 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.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall enter the suspension and
disqualification to the individual's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to
the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person

SB2228 - 117 - LRB099 16422 RLC 40755 b
and such suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases involving a person who is not a CDL holder where
the blood alcohol concentration of 0.08 or more, or blood
testing discloses the presence of cannabis as listed in the
Cannabis Control Act with a tetrahydrocannabinol concentration
as defined in paragraph 6 of subsection (a) of Section 11-501.2
of this Code, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of cannabis as listed in the Cannabis Control Act,
a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, is
established by a subsequent analysis of blood , other bodily
substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section
or by deposit in the United States mail of such notice in an
envelope with postage prepaid and addressed to such person at
his or her address as shown on the Uniform Traffic Ticket and
the suspension and disqualification shall be effective on the
46th day following the date notice was given.
In cases involving a person who is a CDL holder where the
blood alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound resulting from the
unlawful use or consumption of cannabis as listed in the

SB2228 - 118 - LRB099 16422 RLC 40755 b
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, other bodily substance, or urine collected
at the time of arrest, the arresting officer shall give notice
as provided in this Section or by deposit in the United States
mail of such notice in an envelope with postage prepaid and
addressed to the person at his or her address as shown on the
Uniform Traffic Ticket and the suspension and disqualification
shall be effective on the 46th day following the date notice
was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall also give notice of the suspension
and disqualification to the driver by mailing a notice of the
effective date of the suspension and disqualification to the
individual. However, should the sworn report be defective by
not containing sufficient information or be completed in error,
the notice of the suspension and disqualification shall not be
mailed to the person or entered to the driving record, but
rather the sworn report shall be returned to the issuing law
enforcement agency.
(e) A driver may contest this suspension of his or her
driving privileges and disqualification of his or her CDL
privileges by requesting an administrative hearing with the

SB2228 - 119 - LRB099 16422 RLC 40755 b
Secretary in accordance with Section 2-118 of this Code. At the
conclusion of a hearing held under Section 2-118 of this Code,
the Secretary may rescind, continue, or modify the orders of
suspension and disqualification. If the Secretary does not
rescind the orders of suspension and disqualification, a
restricted driving permit may be granted by the Secretary upon
application being made and good cause shown. A restricted
driving permit may be granted to relieve undue hardship to
allow driving for employment, educational, and medical
purposes as outlined in Section 6-206 of this Code. The
provisions of Section 6-206 of this Code shall apply. In
accordance with 49 C.F.R. 384, the Secretary of State may not
issue a restricted driving permit for the operation of a
commercial motor vehicle to a person holding a CDL whose
driving privileges have been suspended, revoked, cancelled, or
disqualified.
(f) (Blank).
(g) For the purposes of this Section, a personal injury
shall include any type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's
office or a medical facility. A type A injury shall include
severely bleeding wounds, distorted extremities, and injuries
that require the injured party to be carried from the scene.
(Source: P.A. 99-467, eff. 1-1-16.)

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(625 ILCS 5/11-501.8)
Sec. 11-501.8. Suspension of driver's license; persons
under age 21.
(a) A person who is less than 21 years of age and who
drives or is in actual physical control of a motor vehicle upon
the public highways of this State shall be deemed to have given
consent to a chemical test or tests of blood, breath, other
bodily substance, or urine for the purpose of determining the
alcohol content of the person's blood if arrested, as evidenced
by the issuance of a Uniform Traffic Ticket for any violation
of the Illinois Vehicle Code or a similar provision of a local
ordinance, if a police officer has probable cause to believe
that the driver has consumed any amount of an alcoholic
beverage based upon evidence of the driver's physical condition
or other first hand knowledge of the police officer. The test
or tests shall be administered at the direction of the
arresting officer. The law enforcement agency employing the
officer shall designate which of the aforesaid tests shall be
administered. Up to 2 additional tests of A urine or other
bodily substance test may be administered even after a blood or
breath test or both has been administered.
(b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that person incapable of refusal,
shall be deemed not to have withdrawn the consent provided by
paragraph (a) of this Section and the test or tests may be
administered subject to the following provisions:

SB2228 - 121 - LRB099 16422 RLC 40755 b
(i) Chemical analysis of the person's blood, urine,
breath, or other bodily substance, to be considered valid
under the provisions of this Section, shall have been
performed according to standards promulgated by the
Department of State Police by an individual possessing a
valid permit issued by that Department for this purpose.
The Director of State Police is authorized to approve
satisfactory techniques or methods, to ascertain the
qualifications and competence of individuals to conduct
analyses, to issue permits that shall be subject to
termination or revocation at the direction of that
Department, and to certify the accuracy of breath testing
equipment. The Department of State Police shall prescribe
regulations as necessary.
(ii) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a licensed physician assistant, a licensed
advanced practice nurse, a registered nurse, or other
qualified person trained in venipuncture and acting under
the direction of a licensed physician may withdraw blood
for the purpose of determining the alcohol content therein.
This limitation does not apply to the taking of breath,
other bodily substance, or urine specimens.
(iii) The person tested may have a physician, qualified
technician, chemist, registered nurse, or other qualified

SB2228 - 122 - LRB099 16422 RLC 40755 b
person of his or her own choosing administer a chemical
test or tests in addition to any test or tests administered
at the direction of a law enforcement officer. The failure
or inability to obtain an additional test by a person shall
not preclude the consideration of the previously performed
chemical test.
(iv) Upon a request of the person who submits to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or that person's
attorney.
(v) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(vi) If a driver is receiving medical treatment as a
result of a motor vehicle accident, a physician licensed to
practice medicine, licensed physician assistant, licensed
advanced practice nurse, registered nurse, or other
qualified person trained in venipuncture and acting under
the direction of a licensed physician shall withdraw blood
for testing purposes to ascertain the presence of alcohol
upon the specific request of a law enforcement officer.
However, that testing shall not be performed until, in the
opinion of the medical personnel on scene, the withdrawal
can be made without interfering with or endangering the
well-being of the patient.

SB2228 - 123 - LRB099 16422 RLC 40755 b
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test, or submission to
the test resulting in an alcohol concentration of more than
0.00, may result in the loss of that person's privilege to
operate a motor vehicle and may result in the disqualification
of the person's privilege to operate a commercial motor
vehicle, as provided in Section 6-514 of this Code, if the
person is a CDL holder. The loss of driving privileges shall be
imposed in accordance with Section 6-208.2 of this Code.
A person requested to submit to a test shall also
acknowledge, in writing, receipt of the warning required under
this Section. If the person refuses to acknowledge receipt of
the warning, the law enforcement officer shall make a written
notation on the warning that the person refused to sign the
warning. A person's refusal to sign the warning shall not be
evidence that the person was not read the warning.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of more than 0.00, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of more than 0.00. The law enforcement officer
shall submit the same sworn report when a person under the age

SB2228 - 124 - LRB099 16422 RLC 40755 b
of 21 submits to testing under Section 11-501.1 of this Code
and the testing discloses an alcohol concentration of more than
0.00 and less than 0.08.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the suspension and
disqualification on the individual's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to
the person. If this suspension is the individual's first
driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall,
except during the time the suspension is in effect, be
privileged information and for use only by the courts, police
officers, prosecuting authorities, the Secretary of State, or
the individual personally, 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 suspension is in
effect.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and the suspension and disqualification shall be effective on

SB2228 - 125 - LRB099 16422 RLC 40755 b
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than
0.00 is established by a subsequent analysis of blood, other
bodily substance, or urine, the police officer or arresting
agency shall give notice as provided in this Section or by
deposit in the United States mail of that notice in an envelope
with postage prepaid and addressed to that person at his last
known address and the loss of driving privileges shall be
effective on the 46th day following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
suspension and disqualification to the driver by mailing a
notice of the effective date of the suspension and
disqualification to the individual. However, should the sworn
report be defective by not containing sufficient information or
be completed in error, the notice of the suspension and
disqualification shall not be mailed to the person or entered
to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
(e) A driver may contest this suspension and
disqualification by requesting an administrative hearing with
the Secretary of State in accordance with Section 2-118 of this
Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is

SB2228 - 126 - LRB099 16422 RLC 40755 b
shown to be more than 0.00 shall not be subject to this Section
if the individual's blood alcohol concentration resulted only
from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing
shall not stay or delay the effective date of the impending
suspension. The scope of this hearing shall be limited to the
issues of:
(1) whether the police officer had probable cause to
believe that the person was driving or in actual physical
control of a motor vehicle upon the public highways of the
State and the police officer had reason to believe that the
person was in violation of any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance;
and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a
similar provision of a local ordinance; and
(3) whether the police officer had probable cause to
believe that the driver had consumed any amount of an
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended if the person refused to submit to and
complete the test or tests, did refuse to submit to or

SB2228 - 127 - LRB099 16422 RLC 40755 b
complete the test or tests to determine the person's
alcohol concentration; and
(5) whether the person, after being advised by the
officer that the privileges to operate a motor vehicle
would be suspended if the person submits to a chemical test
or tests and the test or tests disclose an alcohol
concentration of more than 0.00, did submit to and complete
the test or tests that determined an alcohol concentration
of more than 0.00; and
(6) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol in the performance of a religious service or
ceremony; and
(7) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol through ingestion of the prescribed or
recommended dosage of medicine.
At the conclusion of the hearing held under Section 2-118
of this Code, the Secretary of State may rescind, continue, or
modify the suspension and disqualification. If the Secretary of
State does not rescind the suspension and disqualification, a
restricted driving permit may be granted by the Secretary of
State upon application being made and good cause shown. A
restricted driving permit may be granted to relieve undue
hardship by allowing driving for employment, educational, and
medical purposes as outlined in item (3) of part (c) of Section

SB2228 - 128 - LRB099 16422 RLC 40755 b
6-206 of this Code. The provisions of item (3) of part (c) of
Section 6-206 of this Code and of subsection (f) of that
Section shall apply. The Secretary of State shall promulgate
rules providing for participation in an alcohol education and
awareness program or activity, a drug education and awareness
program or activity, or both as a condition to the issuance of
a restricted driving permit for suspensions imposed under this
Section.
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that the
results of the testing may be considered at a hearing held
under Section 2-118 of this Code. However, the results of the
testing may not be used to impose driver's license sanctions
under Section 11-501.1 of this Code. A law enforcement officer
may, however, pursue a statutory summary suspension or
revocation of driving privileges under Section 11-501.1 of this
Code if other physical evidence or first hand knowledge forms
the basis of that suspension or revocation.
(g) This Section applies only to drivers who are under age
21 at the time of the issuance of a Uniform Traffic Ticket for
a violation of the Illinois Vehicle Code or a similar provision
of a local ordinance, and a chemical test request is made under
this Section.
(h) The action of the Secretary of State in suspending,
revoking, cancelling, or disqualifying any license or permit

SB2228 - 129 - LRB099 16422 RLC 40755 b
shall be subject to judicial review in the Circuit Court of
Sangamon County or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law and its rules are
hereby adopted and shall apply to and govern every action for
the judicial review of final acts or decisions of the Secretary
of State under this Section.
(Source: P.A. 99-467, eff. 1-1-16.)
(625 ILCS 5/11-507)
Sec. 11-507. Supervising a minor driver while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof.
(a) A person shall not accompany or provide instruction,
pursuant to subsection (a) of Section 6-107.1 of this Code, to
a driver who is a minor and driving a motor vehicle pursuant to
an instruction permit under Section 6-107.1 of this Code,
while:
(1) the alcohol concentration in the person's blood,
other bodily substance, or breath is 0.08 or more based on
the definition of blood and breath units in Section
11-501.2 of this Code;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or
combination of intoxicating compounds to a degree that
renders the person incapable of properly supervising or
providing instruction to the minor driver;

SB2228 - 130 - LRB099 16422 RLC 40755 b
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of properly supervising or providing instruction
to the minor driver;
(5) under the combined influence of alcohol, other drug
or drugs, or intoxicating compound or compounds to a degree
that renders the person incapable of properly supervising
or providing instruction to the minor driver; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act,
a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use
of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act.
(b) A person found guilty of violating this Section is
guilty of an offense against the regulations governing the
movement of vehicles.
(Source: P.A. 96-1237, eff. 1-1-11.)
Section 25. The Snowmobile Registration and Safety Act is
amended by changing Sections 5-7, 5-7.1, 5-7.2, 5-7.4, and
5-7.6 as follows:

SB2228 - 131 - LRB099 16422 RLC 40755 b
(625 ILCS 40/5-7)
Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;
suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood,
other bodily substance, or breath is a concentration at
which driving a motor vehicle is prohibited under
subdivision (1) of subsection (a) of Section 11-501 of the
Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of
safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile; or
(4.3) The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole

SB2228 - 132 - LRB099 16422 RLC 40755 b
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
(4.5) The person who is a CDL holder has any amount of
a drug, substance, or compound in the person's breath,
blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act; or
5. There is any amount of a drug, substance, or
compound in that person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a cannabis listed in the Cannabis Control
Act, controlled substance listed in the Illinois
Controlled Substances Act, methamphetamine as listed in
the Methamphetamine Control and Community Protection Act,
or intoxicating compound listed in the use of Intoxicating
Compounds Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them does not constitute a defense against a
charge of violating this Section.
(c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means

SB2228 - 133 - LRB099 16422 RLC 40755 b
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
(c-2) For purposes of this Section, the following are
equivalent to a conviction:
(1) a forfeiture of bail or collateral deposited to
secure a defendant's appearance in court when forfeiture
has not been vacated; or
(2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section;
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm or
permanent disability or disfigurement, when the violation
was a proximate cause of the injuries. A person guilty of a
Class 4 felony under this paragraph 2, if sentenced to a
term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years; or
3. The offense occurred during a period in which the
person's privileges to operate a snowmobile are revoked or
suspended, and the revocation or suspension was for a
violation of this Section or was imposed under Section
5-7.1.

SB2228 - 134 - LRB099 16422 RLC 40755 b
(e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the death
of a person. A person guilty of a Class 2 felony under this
subsection (e), if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(e-1) Every person convicted of violating this Section or a
similar provision of a local ordinance who had a child under
the age of 16 on board the snowmobile at the time of offense
shall be subject to a mandatory minimum fine of $500 and shall
be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under
this subsection shall not be subject to suspension nor shall
the person be eligible for probation in order to reduce the
assignment.
(e-2) Every person found guilty of violating this Section,
whose operation of a snowmobile while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of
Section 11-501.01 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities, a
person who is found guilty of violating this Section, including
any person placed on court supervision, shall be fined $100,
payable to the circuit clerk, who shall distribute the money to
the law enforcement agency that made the arrest. In the event

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that more than one agency is responsible for the arrest, the
$100 shall be shared equally. Any moneys received by a law
enforcement agency under this subsection (e-3) shall be used to
purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of
alcohol related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,
and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the snowmobile
operation privileges of a person convicted or found guilty of a
misdemeanor under this Section for a period of one year, except
that first-time offenders are exempt from this mandatory one
year suspension.
(g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of 5
years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section.
(Source: P.A. 95-149, eff. 8-14-07; 96-1000, eff. 7-2-10.)
(625 ILCS 40/5-7.1)
Sec. 5-7.1. Implied consent.
(a) A person who operates or is in actual physical control
of a snowmobile in this State is deemed to have given consent
to a chemical test or tests of blood, breath, other bodily

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substance, or urine for the purpose of determining the content
of alcohol, other drug or drugs, intoxicating compound or
compounds, or a combination of them in that person's blood or
other bodily substance, if arrested for a violation of Section
5-7. The chemical test or tests shall be administered at the
direction of the arresting officer. The law enforcement agency
employing the officer shall designate which tests shall be
administered. Up to 2 additional tests of A urine or other
bodily substance test may be administered even after a blood or
breath test or both has been administered.
(a-1) For the purposes of this Section, an Illinois law
enforcement officer of this State who is investigating the
person for any offense defined in Section 5-7 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 citation for an offense as defined in Section
5-7 or a similar provision of a local ordinance prior to
requesting that the person submit to the test or tests. The
issuance of the uniform citation shall not constitute an
arrest, but shall be for the purpose of notifying the person
that he or she is subject to the provisions of this Section and
of the officer's belief of the existence of probable cause to
arrest. Upon returning to this State, the officer shall file

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the uniform citation with the circuit clerk of the county where
the offense was committed and shall seek the issuance of an
arrest warrant or a summons for the person.
(a-2) Notwithstanding any ability to refuse under this Act
to submit to these tests or any ability to revoke the implied
consent to these tests, if a law enforcement officer has
probable cause to believe that a snowmobile operated by or
under actual physical control of a person under the influence
of alcohol, other drug or drugs, intoxicating compound or
compounds, or any combination of them has caused the death or
personal injury to another, that person shall submit, upon the
request of a law enforcement officer, to a chemical test or
tests of his or her blood, breath, other bodily substance, or
urine for the purpose of determining the alcohol content or the
presence of any other drug or combination of both. For the
purposes of this Section, a personal injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene for
immediate professional attention in either a doctor's office or
a medical facility.
(b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that person incapable of refusal, is
deemed not to have withdrawn the consent provided in subsection
(a), and the test or tests may be administered.
(c) A person requested to submit to a test as provided in
this Section shall be verbally advised by the law enforcement

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officer requesting the test that a refusal to submit to the
test will result in suspension of that person's privilege to
operate a snowmobile for a minimum of 2 years.
(d) Following this warning, if a person under arrest
refuses upon the request of a law enforcement officer to submit
to a test designated by the officer, no tests may be given, but
the law enforcement officer shall file with the clerk of the
circuit court for the county in which the arrest was made, and
with the Department of Natural Resources, a sworn statement
naming the person refusing to take and complete the chemical
test or tests requested under the provisions of this Section.
The sworn statement shall identify the arrested person, the
person's current residence address and shall specify that a
refusal by that person to take the chemical test or tests was
made. The sworn statement shall include a statement that the
officer had reasonable cause to believe the person was
operating or was in actual physical control of the snowmobile
within this State while under the influence of alcohol, other
drug or drugs, an intoxicating compound or compound, or a
combination of them and that a chemical test or tests were
requested as an incident to and following the lawful arrest for
an offense as defined in Section 5-7 or a similar provision of
a local ordinance, and that the person, after being arrested
for an offense arising out of acts alleged to have been
committed while operating a snowmobile, refused to submit to
and complete a chemical test or tests as requested by the law

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enforcement officer.
(e) The law enforcement officer submitting the sworn
statement shall serve immediate written notice upon the person
refusing the chemical test or tests that the person's privilege
to operate a snowmobile within this State will be suspended for
a period of 2 years unless, within 28 days from the date of the
notice, the person requests in writing a hearing on the
suspension.
If the person desires a hearing, the person shall file a
complaint in the circuit court in the county where that person
was arrested within 28 days from the date of the notice. The
hearing shall proceed in the court in the same manner as other
civil proceedings. The hearing shall cover only the following
issues: (1) whether the person was placed under arrest for an
offense as defined in Section 5-7 or a similar provision of a
local ordinance as evidenced by the issuance of a uniform
citation; (2) whether the arresting officer had reasonable
grounds to believe that the person was operating a snowmobile
while under the influence of alcohol, other drug or drugs, an
intoxicating compound or compounds, or a combination of them;
and (3) whether that person refused to submit to and complete
the chemical test or tests upon the request of the law
enforcement officer. Whether the person was informed that the
person's privilege to operate a snowmobile would be suspended
if that person refused to submit to the chemical test or tests
may not be an issue in the hearing.

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If the person fails to request a hearing in writing within
28 days of the date of the notice, or if a hearing is held and
the court finds against the person on the issues before the
court, the clerk shall immediately notify the Department of
Natural Resources, and the Department shall suspend the
snowmobile operation privileges of that person for at least 2
years.
(f) (Blank).
(f-1) If the person is a CDL holder and submits to a test
that discloses an alcohol concentration of 0.08 or more, or any
amount of a drug, substance, or intoxicating compound in the
person's breath, blood, other bodily substance, or urine
resulting from the unlawful use of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as listed
in the Methamphetamine Control and Community Protection Act, or
an intoxicating compound listed in the Use of Intoxicating
Compounds Act, the law enforcement officer shall immediately
submit a sworn report to the circuit clerk of venue and the
Department of Natural Resources, certifying that the test or
tests was or were requested under subsection (a-1) of this
Section and the person submitted to testing that disclosed an
alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath,
blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the Cannabis

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Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating
Compounds Act. If the person is not a CDL holder and submits to
a test that discloses an alcohol concentration of 0.08 or more,
a tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance as defined in paragraph 6 of
subsection (a) of Section 11-501.2 of the Illinois Vehicle
Code, or any amount of a drug, substance, or intoxicating
compound in the person's blood, other bodily substance, or
urine resulting from the unlawful use or consumption of 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 clerk of venue and the Department of Natural
Resources, certifying that the test or tests was or were
requested under subsection (a-1) and the person submitted to
testing that disclosed an alcohol concentration of 0.08 or
more, a tetrahydrocannabinol concentration in the person's
whole blood or other bodily substance as defined in paragraph 6
of subsection (a) of Section 11-501.2 of the Illinois Vehicle
Code, or any amount of a drug, substance, or intoxicating
compound in such person's blood, other bodily substance, or

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urine, resulting from the unlawful use or consumption of 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.
In cases involving a person who is CDL holder where the
blood alcohol concentration of 0.08 or greater or any amount of
drug, substance, or compound resulting from the unlawful use of
cannabis, a controlled substance, methamphetamine, or an
intoxicating compound is established by a subsequent analysis
of blood, other bodily substance, or urine collected at the
time of arrest, the arresting officer or arresting agency shall
immediately submit a sworn report to the circuit clerk of venue
and the Department of Natural Resources upon receipt of the
test results. In cases involving a person who is not a CDL
holder where the blood alcohol concentration of 0.08 or
greater, a tetrahydrocannabinol concentration in the person's
whole blood or other bodily substance as defined in paragraph 6
of subsection (a) of Section 11-501.2 of the Illinois Vehicle
Code, or any amount of drug, substance, or compound resulting
from the unlawful use of a controlled substance,
methamphetamine, or an intoxicating compound is established by
a subsequent analysis of blood, other bodily substance, or
urine collected at the time of arrest, the arresting officer or
arresting agency shall immediately submit a sworn report to the
circuit clerk of venue and the Department of Natural Resources

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upon receipt of the test results.
(g) A person must submit to each chemical test offered by
the law enforcement officer in order to comply with implied
consent provisions of this Section.
(h) The provision of Section 11-501.2 of the Illinois
Vehicle Code concerning the certification and use of chemical
tests applies to the use of those tests under this Section.
(Source: P.A. 93-156, eff. 1-1-04.)
(625 ILCS 40/5-7.2)
Sec. 5-7.2. Chemical and other tests.
(a) Upon the trial of a civil or criminal action or
proceeding arising out of acts alleged to have been committed
while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or a combination of them,
the concentration of alcohol, drug, or compound in the person's
blood, other bodily substance, or breath at the time alleged as
shown by analysis of the person's blood, urine, breath, or
other bodily substance gives rise to the presumptions specified
in subdivisions 1, 2, and 3 of subsection (b) and subsection
(b-5) of Section 11-501.2 of the Illinois Vehicle Code.
(b) The provisions of subsection (a) 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, other drug or drugs, intoxicating
compound or compounds, or a combination of them.

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(c) If a person under arrest refuses to submit to a
chemical test under the provisions of Section 5-7.1, evidence
of refusal is admissible in a 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, an intoxicating compound or compounds, or a combination
of them was operating a snowmobile.
(Source: P.A. 93-156, eff. 1-1-04.)
(625 ILCS 40/5-7.4)
Sec. 5-7.4. Admissibility of chemical tests of blood, other
bodily substance, or urine conducted in the regular course of
providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results
of blood, other bodily substance, or urine tests performed for
the purpose of determining the content of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination of them in an individual's blood, other bodily
substance, or urine conducted upon persons receiving medical
treatment in a hospital emergency room, are admissible in
evidence as a business record exception to the hearsay rule
only in prosecutions for a violation of Section 5-7 of this Act
or a similar provision of a local ordinance or in prosecutions
for reckless homicide brought under the Criminal Code of 1961
or the Criminal Code of 2012.
The results of the tests are admissible only when each of

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the following criteria are met:
1. The chemical tests performed upon an individual's
blood, other bodily substance, or urine were ordered in the
regular course of providing emergency treatment and not at
the request of law enforcement authorities; and
2. The chemical tests performed upon an individual's
blood, other bodily substance, or urine were performed by
the laboratory routinely used by the hospital.
3. (Blank).
Results of chemical tests performed upon an individual's
blood, other bodily substance, or urine are admissible into
evidence regardless of the time that the records were prepared.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment are not applicable with
regard to chemical tests performed upon a person's blood, other
bodily substance, or urine under the provisions of this Section
in prosecutions as specified in subsection (a) of this Section.
No person shall be liable for civil damages as a result of the
evidentiary use of the results of chemical testing of the
individual's blood, other bodily substance, or urine under this
Section or as a result of that person's testimony made
available under this Section.
(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
(625 ILCS 40/5-7.6)
Sec. 5-7.6. Reporting of test results of blood, other

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bodily substance, or urine conducted in the regular course of
providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results
of blood, other bodily substance, or urine tests performed for
the purpose of determining the content of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination of them in an individual's blood, other bodily
substance, or urine, conducted upon persons receiving medical
treatment in a hospital emergency room for injuries resulting
from a snowmobile accident, shall be disclosed to the
Department of Natural Resources, or local law enforcement
agencies of jurisdiction, upon request. The blood, other bodily
substance, or urine tests are admissible in evidence as a
business record exception to the hearsay rule only in
prosecutions for violations of Section 5-7 of this Code or a
similar provision of a local ordinance, or in prosecutions for
reckless homicide brought under the Criminal Code of 1961 or
the Criminal Code of 2012.
(b) The confidentiality provisions of the law pertaining to
medical records and medical treatment shall not be applicable
with regard to tests performed upon an individual's blood,
other bodily substance, or urine under the provisions of
subsection (a) of this Section. No person shall be liable for
civil damages or professional discipline as a result of
disclosure or reporting of the tests or the evidentiary use of
an individual's blood, other bodily substance, or urine test

SB2228 - 147 - LRB099 16422 RLC 40755 b
results under this Section or Section 5-7.4 or as a result of
that person's testimony made available under this Section or
Section 5-7.4, except for willful or wanton misconduct.
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 30. The Boat Registration and Safety Act is amended
by changing Sections 5-16, 5-16a, 5-16a.1, and 5-16c as
follows:
(625 ILCS 45/5-16)
Sec. 5-16. Operating a watercraft under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof.
(A) 1. A person shall not operate or be in actual physical
control of any watercraft within this State while:
(a) The alcohol concentration in such person's
blood, other bodily substance, or breath is a
concentration at which driving a motor vehicle is
prohibited under subdivision (1) of subsection (a) of
Section 11-501 of the Illinois Vehicle Code;
(b) Under the influence of alcohol;
(c) Under the influence of any other drug or
combination of drugs to a degree which renders such
person incapable of safely operating any watercraft;
(c-1) Under the influence of any intoxicating
compound or combination of intoxicating compounds to a

SB2228 - 148 - LRB099 16422 RLC 40755 b
degree that renders the person incapable of safely
operating any watercraft;
(d) Under the combined influence of alcohol and any
other drug or drugs to a degree which renders such
person incapable of safely operating a watercraft; or
(d-3) The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's
whole blood or other bodily substance at which driving
a motor vehicle is prohibited under subdivision (7) of
subsection (a) of Section 11-501 of the Illinois
Vehicle Code;
(d-5) The person who is a CDL holder has any amount
of a drug, substance, or compound in the person's
breath, blood, other bodily substance, or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act; or
(e) There is any amount of a drug, substance, or
compound in the person's blood, other bodily
substance, 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, methamphetamine as listed
in the Methamphetamine Control and Community
Protection Act, or an intoxicating compound listed in
the Use of Intoxicating Compounds Act.
2. The fact that any person charged with violating this

SB2228 - 149 - LRB099 16422 RLC 40755 b
Section is or has been legally entitled to use alcohol,
other drug or drugs, any intoxicating compound or
compounds, or any combination of them, shall not constitute
a defense against any charge of violating this Section.
3. Every person convicted of violating this Section
shall be guilty of a Class A misdemeanor, except as
otherwise provided in this Section.
4. Every person convicted of violating this Section
shall be guilty of a Class 4 felony if:
(a) He or she has a previous conviction under this
Section;
(b) The offense results in personal injury where a
person other than the operator suffers great bodily
harm or permanent disability or disfigurement, when
the violation was a proximate cause of the injuries. A
person guilty of a Class 4 felony under this
subparagraph (b), if sentenced to a term of
imprisonment, shall be sentenced to a term of not less
than one year nor more than 12 years; or
(c) The offense occurred during a period in which
his or her privileges to operate a watercraft are
revoked or suspended, and the revocation or suspension
was for a violation of this Section or was imposed
under subsection (B).
5. Every person convicted of violating this Section
shall be guilty of a Class 2 felony if the offense results

SB2228 - 150 - LRB099 16422 RLC 40755 b
in the death of a person. A person guilty of a Class 2
felony under this paragraph 5, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than
3 years and not more than 14 years.
5.1. A person convicted of violating this Section or a
similar provision of a local ordinance who had a child
under the age of 16 aboard the watercraft at the time of
offense is subject to a mandatory minimum fine of $500 and
to a mandatory minimum of 5 days of community service in a
program benefiting children. The assignment under this
paragraph 5.1 is not subject to suspension and the person
is not eligible for probation in order to reduce the
assignment.
5.2. A person found guilty of violating this Section,
if his or her operation of a watercraft while in violation
of this Section proximately caused any incident resulting
in an appropriate emergency response, is liable for the
expense of an emergency response as provided in subsection
(m) of Section 11-501 of the Illinois Vehicle Code.
5.3. In addition to any other penalties and
liabilities, a person who is found guilty of violating this
Section, including any person placed on court supervision,
shall be fined $100, payable to the circuit clerk, who
shall distribute the money to the law enforcement agency
that made the arrest. In the event that more than one
agency is responsible for the arrest, the $100 shall be

SB2228 - 151 - LRB099 16422 RLC 40755 b
shared equally. Any moneys received by a law enforcement
agency under this paragraph 5.3 shall be used to purchase
law enforcement equipment or to provide law enforcement
training that will assist in the prevention of alcohol
related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection
devices, and alcohol breath testers.
6. (a) In addition to any criminal penalties imposed,
the Department of Natural Resources shall suspend the
watercraft operation privileges of any person
convicted or found guilty of a misdemeanor under this
Section, a similar provision of a local ordinance, or
Title 46 of the U.S. Code of Federal Regulations for a
period of one year, except that a first time offender
is exempt from this mandatory one year suspension.
As used in this subdivision (A)6(a), "first time
offender" means any person who has not had a previous
conviction or been assigned supervision for violating
this Section, a similar provision of a local ordinance
or, Title 46 of the U.S. Code of Federal Regulations,
or any person who has not had a suspension imposed
under subdivision (B)3.1 of Section 5-16.
(b) In addition to any criminal penalties imposed,
the Department of Natural Resources shall suspend the
watercraft operation privileges of any person

SB2228 - 152 - LRB099 16422 RLC 40755 b
convicted of a felony under this Section, a similar
provision of a local ordinance, or Title 46 of the U.S.
Code of Federal Regulations for a period of 3 years.
(B) 1. Any person who operates or is in actual physical
control of any watercraft upon the waters of this State
shall be deemed to have given consent to a chemical test or
tests of blood, breath, other bodily substance, or urine
for the purpose of determining the content of alcohol,
other drug or drugs, intoxicating compound or compounds, or
combination thereof in the person's blood or other bodily
substance if arrested for any offense of subsection (A)
above. The chemical test or tests shall be administered at
the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the
tests shall be administered. Up to 2 additional tests of A
urine or other bodily substance test may be administered
even after a blood or breath test or both has been
administered.
1.1. For the purposes of this Section, an Illinois Law
Enforcement officer of this State who is investigating the
person for any offense defined in Section 5-16 may travel
into an adjoining state, where the person has been
transported for medical care to complete an investigation,
and may request that the person submit to the test or tests
set forth in this Section. The requirements of this Section
that the person be arrested are inapplicable, but the

SB2228 - 153 - LRB099 16422 RLC 40755 b
officer shall issue the person a uniform citation for an
offense as defined in Section 5-16 or a similar provision
of a local ordinance prior to requesting that the person
submit to the test or tests. The issuance of the uniform
citation shall not constitute an arrest, but shall be for
the purpose of notifying the person that he or she is
subject to the provisions of this Section and of the
officer's belief in the existence of probable cause to
arrest. Upon returning to this State, the officer shall
file the uniform citation with the circuit clerk of the
county where the offense was committed and shall seek the
issuance of an arrest warrant or a summons for the person.
1.2. Notwithstanding any ability to refuse under this
Act to submit to these tests or any ability to revoke the
implied consent to these tests, if a law enforcement
officer has probable cause to believe that a watercraft
operated by or under actual physical control of a person
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination of
them has caused the death of or personal injury to another,
that person shall submit, upon the request of a law
enforcement officer, to a chemical test or tests of his or
her blood, breath, other bodily substance, or urine for the
purpose of determining the alcohol content or the presence
of any other drug, intoxicating compound, or combination of
them. For the purposes of this Section, a personal injury

SB2228 - 154 - LRB099 16422 RLC 40755 b
includes severe bleeding wounds, distorted extremities,
and injuries that require the injured party to be carried
from the scene for immediate professional attention in
either a doctor's office or a medical facility.
2. Any person who is dead, unconscious or who is
otherwise in a condition rendering such person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided above, and the test may be administered.
3. A person requested to submit to a chemical test as
provided above shall be verbally advised by the law
enforcement officer requesting the test that a refusal to
submit to the test will result in suspension of such
person's privilege to operate a watercraft for a minimum of
2 years. Following this warning, if a person under arrest
refuses upon the request of a law enforcement officer to
submit to a test designated by the officer, no test shall
be given, but the law enforcement officer shall file with
the clerk of the circuit court for the county in which the
arrest was made, and with the Department of Natural
Resources, a sworn statement naming the person refusing to
take and complete the chemical test or tests requested
under the provisions of this Section. Such sworn statement
shall identify the arrested person, such person's current
residence address and shall specify that a refusal by such
person to take the chemical test or tests was made. Such
sworn statement shall include a statement that the

SB2228 - 155 - LRB099 16422 RLC 40755 b
arresting officer had reasonable cause to believe the
person was operating or was in actual physical control of
the watercraft within this State while under the influence
of alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof and that such chemical
test or tests were made as an incident to and following the
lawful arrest for an offense as defined in this Section or
a similar provision of a local ordinance, and that the
person after being arrested for an offense arising out of
acts alleged to have been committed while so operating a
watercraft refused to submit to and complete a chemical
test or tests as requested by the law enforcement officer.
3.1. The law enforcement officer submitting the sworn
statement as provided in paragraph 3 of this subsection (B)
shall serve immediate written notice upon the person
refusing the chemical test or tests that the person's
privilege to operate a watercraft within this State will be
suspended for a period of 2 years unless, within 28 days
from the date of the notice, the person requests in writing
a hearing on the suspension.
If the person desires a hearing, such person shall file
a complaint in the circuit court for and in the county in
which such person was arrested for such hearing. Such
hearing shall proceed in the court in the same manner as
other civil proceedings, shall cover only the issues of
whether the person was placed under arrest for an offense

SB2228 - 156 - LRB099 16422 RLC 40755 b
as defined in this Section or a similar provision of a
local ordinance as evidenced by the issuance of a uniform
citation; whether the arresting officer had reasonable
grounds to believe that such person was operating a
watercraft while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or
combination thereof; and whether such person refused to
submit and complete the chemical test or tests upon the
request of the law enforcement officer. Whether the person
was informed that such person's privilege to operate a
watercraft would be suspended if such person refused to
submit to the chemical test or tests shall not be an issue.
If the person fails to request in writing a hearing
within 28 days from the date of notice, or if a hearing is
held and the court finds against the person on the issues
before the court, the clerk shall immediately notify the
Department of Natural Resources, and the Department shall
suspend the watercraft operation privileges of the person
for at least 2 years.
3.2. If the person is a CDL holder and submits to a
test that discloses an alcohol concentration of 0.08 or
more, or any amount of a drug, substance or intoxicating
compound in the person's breath, blood, other bodily
substance, or urine resulting from the unlawful use of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances

SB2228 - 157 - LRB099 16422 RLC 40755 b
Act, methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
the law enforcement officer shall immediately submit a
sworn report to the circuit clerk of venue and the
Department of Natural Resources, certifying that the test
or tests were requested under paragraph 1 of this
subsection (B) and the person submitted to testing that
disclosed an alcohol concentration of 0.08 or more or any
amount of a drug, substance or intoxicating compound in the
person's breath, blood, other bodily substance, or urine
resulting from the unlawful use of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, or an intoxicating compound listed in the
Use of Intoxicating Compounds Act. If the person is not a
CDL holder and submits to a test that discloses an alcohol
concentration of 0.08 or more, a tetrahydrocannabinol
concentration in the person's whole blood or other bodily
substance as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of the Illinois Vehicle Code, or any
amount of a drug, substance or intoxicating compound in the
person's breath, blood, other bodily substance, or urine
resulting from the unlawful use of a controlled substance
listed in the Illinois Controlled Substances Act,

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methamphetamine as listed in the Methamphetamine Control
and Community Protection Act, or an intoxicating compound
listed in the Use of Intoxicating Compounds Act, the law
enforcement officer shall immediately submit a sworn
report to the circuit clerk of venue and the Department of
Natural Resources, certifying that the test or tests were
requested under paragraph 1 of this subsection (B) and the
person submitted to testing that disclosed an alcohol
concentration of 0.08 or more, a tetrahydrocannabinol
concentration in the person's whole blood or other bodily
substance as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of the Illinois Vehicle Code, or any
amount of a drug, substance or intoxicating compound in the
person's breath, blood, other bodily substance, or urine
resulting from the unlawful use of a controlled substance
listed in the Illinois Controlled Substances Act,
methamphetamine as listed in the Methamphetamine Control
and Community Protection Act, or an intoxicating compound
listed in the Use of Intoxicating Compounds Act.
In cases involving a person who is a CDL holder where
the blood alcohol concentration of 0.08 or greater or any
amount of drug, substance or compound resulting from the
unlawful use of cannabis, a controlled substance,
methamphetamine, or an intoxicating compound is
established by a subsequent analysis of blood, other bodily
substance, or urine collected at the time of arrest, the

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arresting officer or arresting agency shall immediately
submit a sworn report to the circuit clerk of venue and the
Department of Natural Resources upon receipt of the test
results. In cases involving a person who is not a CDL
holder where the blood alcohol concentration of 0.08 or
greater, a tetrahydrocannabinol concentration in the
person's whole blood or other bodily substance as defined
in paragraph 6 of subsection (a) of Section 11-501.2 of the
Illinois Vehicle Code, or any amount of drug, substance, or
compound resulting from the unlawful use of a controlled
substance, methamphetamine, or an intoxicating compound is
established by a subsequent analysis of blood, other bodily
substance, or urine collected at the time of arrest, the
arresting officer or arresting agency shall immediately
submit a sworn report to the circuit clerk of venue and the
Department of Natural Resources upon receipt of the test
results.
4. A person must submit to each chemical test offered
by the law enforcement officer in order to comply with the
implied consent provisions of this Section.
5. The provisions of Section 11-501.2 of the Illinois
Vehicle Code, as amended, concerning the certification and
use of chemical tests apply to the use of such tests under
this Section.
(C) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed

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

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(F) Whenever any person is convicted or found guilty of a
violation of this Section, including any person placed on court
supervision, the court shall notify the Office of Law
Enforcement of the Department of Natural Resources, to provide
the Department with the records essential for the performance
of the Department's duties to monitor and enforce any order of
suspension or revocation concerning the privilege to operate a
watercraft.
(G) No person who has been arrested and charged for
violating paragraph 1 of subsection (A) of this Section shall
operate any watercraft within this State for a period of 24
hours after such arrest.
(Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
(625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
Sec. 5-16a. Admissibility of chemical tests of blood, other
bodily substance, or urine conducted in the regular course of
providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the written
results of blood, other bodily substance, or urine alcohol and
drug tests conducted upon persons receiving medical treatment
in a hospital emergency room are admissible in evidence as a
business record exception to the hearsay rule only in
prosecutions for any violation of Section 5-16 of this Act or a
similar provision of a local ordinance or in prosecutions for
reckless homicide brought under the Criminal Code of 1961 or

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

SB2228 - 163 - LRB099 16422 RLC 40755 b
providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results
of blood, other bodily substance, or urine tests performed for
the purpose of determining the content of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination of them in an individual's blood, other bodily
substance, or urine, conducted upon persons receiving medical
treatment in a hospital emergency room for injuries resulting
from a boating accident, shall be disclosed to the Department
of Natural Resources or local law enforcement agencies of
jurisdiction, upon request. The blood, other bodily substance,
or urine tests are admissible in evidence as a business record
exception to the hearsay rule only in prosecutions for
violations of Section 5-16 of this Code or a similar provision
of a local ordinance, or in prosecutions for reckless homicide
brought under the Criminal Code of 1961 or the Criminal Code of
2012.
(b) The confidentiality provisions of the law pertaining to
medical records and medical treatment shall not be applicable
with regard to tests performed upon an individual's blood,
other bodily substance, or urine under the provisions of
subsection (a) of this Section. No person is liable for civil
damages or professional discipline as a result of disclosure or
reporting of the tests or the evidentiary use of an
individual's blood, other bodily substance, or urine test
results under this Section or Section 5-16a, or as a result of

SB2228 - 164 - LRB099 16422 RLC 40755 b
that person's testimony made available under this Section or
Section 5-16a, except for willful or wanton misconduct.
(Source: P.A. 97-1150, eff. 1-25-13.)
(625 ILCS 45/5-16c)
Sec. 5-16c. Operator involvement in personal injury or
fatal boating accident; chemical tests.
(a) Any person who operates or is in actual physical
control of a motorboat within this State and who has been
involved in a personal injury or fatal boating accident shall
be deemed to have given consent to a breath test using a
portable device as approved by the Department of State Police
or to a chemical test or tests of blood, breath, other bodily
substance, or urine for the purpose of determining the content
of alcohol, other drug or drugs, or intoxicating compound or
compounds of the person's blood if arrested as evidenced by the
issuance of a uniform citation for a violation of the Boat
Registration and Safety Act or a similar provision of a local
ordinance, with the exception of equipment violations
contained in Article IV of this Act or similar provisions of
local ordinances. The test or tests shall be administered at
the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the
aforesaid tests shall be administered. Up to 2 additional tests
of A urine or other bodily substance test may be administered
even after a blood or breath test or both has been

SB2228 - 165 - LRB099 16422 RLC 40755 b
administered. Compliance with this Section does not relieve the
person from the requirements of any other Section of this Act.
(b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering that person incapable of
refusal shall be deemed not to have withdrawn the consent
provided by subsection (a) of this Section. In addition, if an
operator of a motorboat is receiving medical treatment as a
result of a boating accident, any physician licensed to
practice medicine, licensed physician assistant, licensed
advanced practice nurse, registered nurse, or a phlebotomist
acting under the direction of a licensed physician shall
withdraw blood for testing purposes to ascertain the presence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, upon the specific request of a law enforcement
officer. However, this testing shall not be performed until, in
the opinion of the medical personnel on scene, the withdrawal
can be made without interfering with or endangering the
well-being of the patient.
(c) A person who is a CDL holder requested to submit to a
test under subsection (a) of this Section shall be warned by
the law enforcement officer requesting the test that a refusal
to submit to the test, or submission to the test resulting in
an alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound resulting from the
unlawful use or consumption of cannabis listed in the Cannabis
Control Act, a controlled substance listed in the Illinois

SB2228 - 166 - LRB099 16422 RLC 40755 b
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 as detected in the person's blood, other bodily substance,
or urine, may result in the suspension of the person's
privilege to operate a motor vehicle and may result in the
disqualification of the person's privilege to operate a
commercial motor vehicle, as provided in Section 6-514 of the
Illinois Vehicle Code. A person who is not a CDL holder
requested to submit to a test under subsection (a) of this
Section shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration of
0.08 or more, a tetrahydrocannabinol concentration in the
person's whole blood or other bodily substance as defined in
paragraph 6 of subsection (a) of Section 11-501.2 of the
Illinois Vehicle Code, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of 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 as detected in the person's blood, other bodily substance,
or urine, may result in the suspension of the person's
privilege to operate a motor vehicle , if the person is a CDL
holder. The length of the suspension shall be the same as

SB2228 - 167 - LRB099 16422 RLC 40755 b
outlined in Section 6-208.1 of the Illinois Vehicle Code
regarding statutory summary suspensions.
(d) If the person is a CDL holder and refuses testing or
submits to a test which discloses an alcohol concentration of
0.08 or more, or any amount of a drug, substance, or
intoxicating compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) of this Section and the person refused to submit
to a test or tests or submitted to testing which disclosed an
alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's blood,
other bodily substance, 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. If the
person is not a CDL holder and refuses testing or submits to a

SB2228 - 168 - LRB099 16422 RLC 40755 b
test which discloses an alcohol concentration of 0.08 or more,
a tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance as defined in paragraph 6 of
subsection (a) of Section 11-501.2 of the Illinois Vehicle
Code, or any amount of a drug, substance, or intoxicating
compound in the person's blood, other bodily substance, or
urine resulting from the unlawful use or consumption of a
controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) of this Section and the person refused to submit
to a test or tests or submitted to testing which disclosed an
alcohol concentration of 0.08 or more, a tetrahydrocannabinol
concentration in the person's whole blood or other bodily
substance as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of the Illinois Vehicle Code, or any amount of
a drug, substance, or intoxicating compound in the person's
blood or urine, resulting from the unlawful use or consumption
of 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.

SB2228 - 169 - LRB099 16422 RLC 40755 b
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the suspension and
disqualification to the person's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to
the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and this suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases involving a person who is a CDL holder where the
blood alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound resulting from the
unlawful use or consumption of cannabis listed in the Cannabis
Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community Protection
Act, is established by a subsequent analysis of blood, other
bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section
or by deposit in the United States mail of this notice in an
envelope with postage prepaid and addressed to the person at
his or her address as shown on the uniform citation and the
suspension and disqualification shall be effective on the 46th
day following the date notice was given. In cases involving a

SB2228 - 170 - LRB099 16422 RLC 40755 b
person who is not a CDL holder where the blood alcohol
concentration of 0.08 or more, a tetrahydrocannabinol
concentration in the person's whole blood or other bodily
substance as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of the Illinois Vehicle Code, or any amount of
a drug, substance, or intoxicating compound resulting from the
unlawful use or consumption of 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, other bodily substance, or urine collected
at the time of arrest, the arresting officer shall give notice
as provided in this Section or by deposit in the United States
mail of this notice in an envelope with postage prepaid and
addressed to the person at his or her address as shown on the
uniform citation and the suspension shall be effective on the
46th day following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
suspension and disqualification to the person by mailing a
notice of the effective date of the suspension and
disqualification to the person. However, should the sworn
report be defective by not containing sufficient information or
be completed in error, the notice of the suspension and
disqualification shall not be mailed to the person or entered

SB2228 - 171 - LRB099 16422 RLC 40755 b
to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
(e) A person may contest this suspension of his or her
driving privileges and disqualification of his or her CDL
privileges by requesting an administrative hearing with the
Secretary of State in accordance with Section 2-118 of the
Illinois Vehicle Code. At the conclusion of a hearing held
under Section 2-118 of the Illinois Vehicle Code, the Secretary
of State may rescind, continue, or modify the orders of
suspension and disqualification. If the Secretary of State does
not rescind the orders of suspension and disqualification, a
restricted driving permit may be granted by the Secretary of
State upon application being made and good cause shown. A
restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and
medical purposes as outlined in Section 6-206 of the Illinois
Vehicle Code. The provisions of Section 6-206 of the Illinois
Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the
Secretary of State may not issue a restricted driving permit
for the operation of a commercial motor vehicle to a person
holding a CDL whose driving privileges have been suspended,
revoked, cancelled, or disqualified.
(f) For the purposes of this Section, a personal injury
shall include any type A injury as indicated on the accident
report completed by a law enforcement officer that requires
immediate professional attention in a doctor's office or a

SB2228 - 172 - LRB099 16422 RLC 40755 b
medical facility. A type A injury shall include severely
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(Source: P.A. 98-103, eff. 1-1-14.)
Section 35. The Juvenile Court Act of 1987 is amended by
changing Section 5-125 as follows:
(705 ILCS 405/5-125)
Sec. 5-125. Concurrent jurisdiction. Any minor alleged to
have violated a traffic, boating, or fish and game law, or a
municipal or county ordinance, may be prosecuted for the
violation and if found guilty punished under any statute or
ordinance relating to the violation, without reference to the
procedures set out in this Article, except that:
(1) any detention, must be in compliance with this Article;
and
(2) the confidentiality of records provisions in Part 9 of
this Article shall apply to any law enforcement and court
records relating to prosecution of a minor under 18 years of
age for a municipal or county ordinance violation or a
violation of subsection (a) of Section 4 of the Cannabis
Control Act or subsection (c) of Section 3.5 of the Drug
Paraphernalia Control Act; except that these confidentiality
provisions shall not apply to or affect any proceeding to
adjudicate the violation.

SB2228 - 173 - LRB099 16422 RLC 40755 b
For the purpose of this Section, "traffic violation" shall
include a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012 relating to the offense of
reckless homicide, Section 11-501 of the Illinois Vehicle Code,
or any similar county or municipal ordinance.
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 40. The Cannabis Control Act is amended by changing
Section 4 and by adding Sections 5.3 and 17.5 as follows:
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. It is unlawful for any person knowingly to possess
cannabis. Any person who violates this section with respect to:
(a) not more than 10 2.5 grams of any substance
containing cannabis is guilty of a civil law violation
punishable by a minimum fine of $100 and a maximum fine of
$200. The proceeds of the fine shall be payable to the
clerk of the circuit court. Within 30 days after the
deposit of the fine, the clerk shall distribute the
proceeds of the fine as follows:
(1) $10 of the fine to the circuit clerk and $10 of
the fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to
the circuit clerk and each $10 fine distributed to the
law enforcement agency that issued the citation for the
violation shall be used to defer the cost of automatic

SB2228 - 174 - LRB099 16422 RLC 40755 b
expungements under paragraph (2.5) of subsection (a)
of Section 5.2 of the Criminal Identification Act;
(2) $15 to the county to fund drug addiction
services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
enforcement agency that issued the citation for the
violation.
With respect to funds designated for the Department of
State Police, the moneys shall be remitted by the circuit
court clerk to the Department of State Police within one
month after receipt for deposit into the State Police
Operations Assistance Fund. With respect to funds
designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys
into the Conservation Police Operations Assistance Fund
Class C misdemeanor;
(b) more than 10 2.5 grams but not more than 30 10
grams of any substance containing cannabis is guilty of a
Class B misdemeanor;
(c) more than 30 10 grams but not more than 100 30
grams of any substance containing cannabis is guilty of a
Class A misdemeanor; provided, that if any offense under
this subsection (c) is a subsequent offense, the offender

SB2228 - 175 - LRB099 16422 RLC 40755 b
shall be guilty of a Class 4 felony;
(d) more than 100 30 grams but not more than 500 grams
of any substance containing cannabis is guilty of a Class 4
felony; provided that if any offense under this subsection
(d) is a subsequent offense, the offender shall be guilty
of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class 3
felony;
(f) more than 2,000 grams but not more than 5,000 grams
of any substance containing cannabis is guilty of a Class 2
felony;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class 1 felony.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/5.3 new)
Sec. 5.3. Unlawful use of cannabis-based product
manufacturing equipment.
(a) A person commits unlawful use of cannabis-based product
manufacturing equipment when he or she knowingly engages in the
possession, procurement, transportation, storage, or delivery
of any equipment used in the manufacturing of any
cannabis-based product using volatile or explosive gas,
including, but not limited to, canisters of butane gas, with
the intent to manufacture, compound, covert, produce, derive,

SB2228 - 176 - LRB099 16422 RLC 40755 b
process, or prepare either directly or indirectly any
cannabis-based product.
(b) This Section does not apply to a cultivation center or
cultivation center agent that prepares medical cannabis or
cannabis-infused products in compliance with the Compassionate
Use of Medical Cannabis Pilot Program Act and Department of
Public Health and Department of Agriculture rules.
(c) Sentence. A person who violates this Section is guilty
of a Class 2 felony.
(720 ILCS 550/17.5 new)
Sec. 17.5. Local ordinances.
The provisions of any ordinance enacted by any municipality
or unit of local government which imposes a fine upon cannabis
other than as defined in this Act are not invalidated or
affected by this Act.
Section 45. The Drug Paraphernalia Control Act is amended
by changing Section 3.5 as follows:
(720 ILCS 600/3.5)
Sec. 3.5. Possession of drug paraphernalia.
(a) A person who knowingly possesses an item of drug
paraphernalia with the intent to use it in ingesting, inhaling,
or otherwise introducing cannabis or a controlled substance
into the human body, or in preparing cannabis or a controlled

SB2228 - 177 - LRB099 16422 RLC 40755 b
substance for that use, is guilty of a Class A misdemeanor for
which the court shall impose a minimum fine of $750 in addition
to any other penalty prescribed for a Class A misdemeanor. This
subsection (a) does not apply to a person who is legally
authorized to possess hypodermic syringes or needles under the
Hypodermic Syringes and Needles Act.
(b) In determining intent under subsection (a), the trier
of fact may take into consideration the proximity of the
cannabis or controlled substances to drug paraphernalia or the
presence of cannabis or a controlled substance on the drug
paraphernalia.
(c) If a person violates subsection (a) of Section 4 of the
Cannabis Control Act, the penalty for possession of any drug
paraphernalia seized during the violation for that offense
shall be a civil law violation punishable by a minimum fine of
$100 and a maximum fine of $200. The proceeds of the fine shall
be payable to the clerk of the circuit court. Within 30 days
after the deposit of the fine, the clerk shall distribute the
proceeds of the fine as follows:
(1) $10 of the fine to the circuit clerk and $10 of the
fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to the
circuit clerk and each $10 fine distributed to the law
enforcement agency that issued the citation for the
violation shall be used to defer the cost of automatic
expungements under paragraph (2.5) of subsection (a) of

SB2228 - 178 - LRB099 16422 RLC 40755 b
Section 5.2 of the Criminal Identification Act;
(2) $15 to the county to fund drug addiction services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law enforcement
agency that issued the citation for the violation.
With respect to funds designated for the Department of
State Police, the moneys shall be remitted by the circuit court
clerk to the Department of State Police within one month after
receipt for deposit into the State Police Operations Assistance
Fund. With respect to funds designated for the Department of
Natural Resources, the Department of Natural Resources shall
deposit the moneys into the Conservation Police Operations
Assistance Fund.
(Source: P.A. 93-392, eff. 7-25-03.)
Section 50. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-15 and by adding Section 115-23
as follows:
(725 ILCS 5/115-15)
Sec. 115-15. Laboratory reports.
(a) In any criminal prosecution for a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act, a

SB2228 - 179 - LRB099 16422 RLC 40755 b
laboratory report from the Department of State Police, Division
of Forensic Services, that is signed and sworn to by the person
performing an analysis and that states (1) that the substance
that is the basis of the alleged violation has been weighed and
analyzed, and (2) the person's findings as to the contents,
weight and identity of the substance, and (3) that it contains
any amount of a controlled substance or cannabis is prima facie
evidence of the contents, identity and weight of the substance.
Attached to the report shall be a copy of a notarized statement
by the signer of the report giving the name of the signer and
stating (i) that he or she is an employee of the Department of
State Police, Division of Forensic Services, (ii) the name and
location of the laboratory where the analysis was performed,
(iii) that performing the analysis is a part of his or her
regular duties, and (iv) that the signer is qualified by
education, training and experience to perform the analysis. The
signer shall also allege that scientifically accepted tests
were performed with due caution and that the evidence was
handled in accordance with established and accepted procedures
while in the custody of the laboratory.
(a-5) In any criminal prosecution for reckless homicide
under Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, or driving under the influence of alcohol, other
drug, or combination of both, in violation of Section 11-501 of
the Illinois Vehicle Code or in any civil action held under a
statutory summary suspension or revocation hearing under

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Section 2-118.1 of the Illinois Vehicle Code, a laboratory
report from the Department of State Police, Division of
Forensic Services, that is signed and sworn to by the person
performing an analysis, and that states that the sample of
blood, other bodily substance, or urine was tested for alcohol
or drugs, and contains the person's findings as to the presence
and amount of alcohol or drugs and type of drug is prima facie
evidence of the presence, content, and amount of the alcohol or
drugs analyzed in the blood, other bodily substance, or urine.
Attached to the report must be a copy of a notarized statement
by the signer of the report giving the name of the signer and
stating (1) that he or she is an employee of the Department of
State Police, Division of Forensic Services, (2) the name and
location of the laboratory where the analysis was performed,
(3) that performing the analysis is a part of his or her
regular duties, (4) that the signer is qualified by education,
training, and experience to perform the analysis, and (5) that
scientifically accepted tests were performed with due caution
and that the evidence was handled in accordance with
established and accepted procedures while in the custody of the
laboratory.
(b) The State's Attorney shall serve a copy of the report
on the attorney of record for the accused, or on the accused if
he or she has no attorney, before any proceeding in which the
report is to be used against the accused other than at a
preliminary hearing or grand jury hearing when the report may

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be used without having been previously served upon the accused.
(c) The report shall not be prima facie evidence if the
accused or his or her attorney demands the testimony of the
person signing the report by serving the demand upon the
State's Attorney within 7 days from the accused or his or her
attorney's receipt of the report.
(Source: P.A. 96-1344, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(725 ILCS 5/115-23 new)
Sec. 115-23. Admissibility of cannabis. In a prosecution
for a violation of subsection (a) of Section 4 of the Cannabis
Control Act or a municipal ordinance for possession of cannabis
that is punished by only a fine, cannabis shall only be
admitted into evidence based upon:
(1) a properly administered field test; or
(2) opinion testimony of a peace officer based on the
officer's training and experience as qualified by the
court.
Section 55. The Unified Code of Corrections is amended by
changing Section 5-9-1.9 as follows:
(730 ILCS 5/5-9-1.9)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units

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of local government or the State of Illinois that regularly
employs at least one person engaged in the DUI analysis of
blood, other bodily substance, and urine for criminal justice
agencies in criminal matters and provides testimony with
respect to such examinations.
"DUI analysis" means an analysis of blood, other bodily
substance, or urine for purposes of determining whether a
violation of Section 11-501 of the Illinois Vehicle Code has
occurred.
(b) When a person has been adjudged guilty of an offense in
violation of Section 11-501 of the Illinois Vehicle Code, in
addition to any other disposition, penalty, or fine imposed, a
crime laboratory DUI analysis fee of $150 for each offense for
which the person was convicted shall be levied by the court for
each case in which a laboratory analysis occurred. Upon
verified petition of the person, the court may suspend payment
of all or part of the fee if it finds that the person does not
have the ability to pay the fee.
(c) In addition to any other disposition made under the
provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of Section 11-501 of the
Illinois Vehicle Code shall be assessed a crime laboratory DUI
analysis fee of $150 for each adjudication. Upon verified
petition of the minor, the court may suspend payment of all or
part of the fee if it finds that the minor does not have the

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ability to pay the fee. The parent, guardian, or legal
custodian of the minor may pay some or all of the fee on the
minor's behalf.
(d) All crime laboratory DUI analysis fees provided for by
this Section shall be collected by the clerk of the court and
forwarded to the appropriate crime laboratory DUI fund as
provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) A unit of local government that maintains a crime
laboratory may establish a crime laboratory DUI fund within
the office of the county or municipal treasurer.
(2) Any combination of units of local government that
maintains a crime laboratory may establish a crime
laboratory DUI fund within the office of the treasurer of
the county where the crime laboratory is situated.
(3) The State Police DUI Fund is created as a special
fund in the State Treasury.
(f) The analysis fee provided for in subsections (b) and
(c) of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory DUI fund, or to the State Treasurer for
deposit into the State Police DUI Fund if the analysis was
performed by a laboratory operated by the Department of State
Police. If the analysis was performed by a crime laboratory
funded by a combination of units of local government, the

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analysis fee shall be forwarded to the treasurer of the county
where the crime laboratory is situated if a crime laboratory
DUI fund has been established in that county. If the unit of
local government or combination of units of local government
has not established a crime laboratory DUI fund, then the
analysis fee shall be forwarded to the State Treasurer for
deposit into the State Police DUI Fund. The clerk of the
circuit court may retain the amount of $10 from each collected
analysis fee to offset administrative costs incurred in
carrying out the clerk's responsibilities under this Section.
(g) Fees deposited into a crime laboratory DUI fund created
under paragraphs (1) and (2) of subsection (e) of this Section
shall be in addition to any allocations made pursuant to
existing law and shall be designated for the exclusive use of
the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI
investigations conducted within this State.
(2) Purchase and maintenance of equipment for use in
performing analyses.
(3) Continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Fees deposited in the State Police DUI Fund created
under paragraph (3) of subsection (e) of this Section shall be
used by State crime laboratories as designated by the Director

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of State Police. These funds shall be in addition to any
allocations made according to existing law and shall be
designated for the exclusive use of State crime laboratories.
These uses may include those enumerated in subsection (g) of
this Section.
(Source: P.A. 91-822, eff. 6-13-00.)
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.
Section 99. Effective date. This Act takes effect upon
becoming law.
SB2228 - 186 - LRB099 16422 RLC 40755 b
INDEX
Statutes amended in order of appearance
20 ILCS 2630/5.2
410 ILCS 130/65
620 ILCS 5/43d from Ch. 15 1/2, par. 22.43d
620 ILCS 5/43e from Ch. 15 1/2, par. 22.43e
625 ILCS 5/2-118 from Ch. 95 1/2, par. 2-118
625 ILCS 5/2-118.1 from Ch. 95 1/2, par. 2-118.1
625 ILCS 5/6-106.1a
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-514 from Ch. 95 1/2, par. 6-514
625 ILCS 5/6-517 from Ch. 95 1/2, par. 6-517
625 ILCS 5/11-401 from Ch. 95 1/2, par. 11-401
625 ILCS 5/11-500 from Ch. 95 1/2, par. 11-500
625 ILCS 5/11-500.1
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.1
625 ILCS 5/11-501.2 from Ch. 95 1/2, par. 11-501.2
625 ILCS 5/11-501.4 from Ch. 95 1/2, par. 11-501.4
625 ILCS 5/11-501.4-1
625 ILCS 5/11-501.6 from Ch. 95 1/2, par. 11-501.6
625 ILCS 5/11-501.8
625 ILCS 5/11-507
625 ILCS 40/5-7
625 ILCS 40/5-7.1
SB2228 - 187 - LRB099 16422 RLC 40755 b