Bill Text: IL SB2228 | 2015-2016 | 99th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Identification Act is amended by | ||||||
5 | changing Section 5.2 as follows:
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6 | (20 ILCS 2630/5.2)
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7 | Sec. 5.2. Expungement and sealing. | ||||||
8 | (a) General Provisions. | ||||||
9 | (1) Definitions. In this Act, words and phrases have
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10 | the meanings set forth in this subsection, except when a
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11 | particular context clearly requires a different meaning. | ||||||
12 | (A) The following terms shall have the meanings | ||||||
13 | ascribed to them in the Unified Code of Corrections, | ||||||
14 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
15 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
16 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
17 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
18 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
19 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
20 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
21 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
22 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
23 | (ix) Offense (730 ILCS 5/5-1-15), |
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1 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
2 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
3 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
4 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
5 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
6 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
7 | (B) As used in this Section, "charge not initiated | ||||||
8 | by arrest" means a charge (as defined by 730 ILCS | ||||||
9 | 5/5-1-3) brought against a defendant where the | ||||||
10 | defendant is not arrested prior to or as a direct | ||||||
11 | result of the charge. | ||||||
12 | (C) "Conviction" means a judgment of conviction or | ||||||
13 | sentence entered upon a plea of guilty or upon a | ||||||
14 | verdict or finding of guilty of an offense, rendered by | ||||||
15 | a legally constituted jury or by a court of competent | ||||||
16 | jurisdiction authorized to try the case without a jury. | ||||||
17 | An order of supervision successfully completed by the | ||||||
18 | petitioner is not a conviction. An order of qualified | ||||||
19 | probation (as defined in subsection (a)(1)(J)) | ||||||
20 | successfully completed by the petitioner is not a | ||||||
21 | conviction. An order of supervision or an order of | ||||||
22 | qualified probation that is terminated | ||||||
23 | unsatisfactorily is a conviction, unless the | ||||||
24 | unsatisfactory termination is reversed, vacated, or | ||||||
25 | modified and the judgment of conviction, if any, is | ||||||
26 | reversed or vacated. |
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1 | (D) "Criminal offense" means a petty offense, | ||||||
2 | business offense, misdemeanor, felony, or municipal | ||||||
3 | ordinance violation (as defined in subsection | ||||||
4 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
5 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
6 | be considered a criminal offense. | ||||||
7 | (E) "Expunge" means to physically destroy the | ||||||
8 | records or return them to the petitioner and to | ||||||
9 | obliterate the petitioner's name from any official | ||||||
10 | index or public record, or both. Nothing in this Act | ||||||
11 | shall require the physical destruction of the circuit | ||||||
12 | court file, but such records relating to arrests or | ||||||
13 | charges, or both, ordered expunged shall be impounded | ||||||
14 | as required by subsections (d)(9)(A)(ii) and | ||||||
15 | (d)(9)(B)(ii). | ||||||
16 | (F) As used in this Section, "last sentence" means | ||||||
17 | the sentence, order of supervision, or order of | ||||||
18 | qualified probation (as defined by subsection | ||||||
19 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
20 | subsection (a)(1)(D)) that terminates last in time in | ||||||
21 | any jurisdiction, regardless of whether the petitioner | ||||||
22 | has included the criminal offense for which the | ||||||
23 | sentence or order of supervision or qualified | ||||||
24 | probation was imposed in his or her petition. If | ||||||
25 | multiple sentences, orders of supervision, or orders | ||||||
26 | of qualified probation terminate on the same day and |
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1 | are last in time, they shall be collectively considered | ||||||
2 | the "last sentence" regardless of whether they were | ||||||
3 | ordered to run concurrently. | ||||||
4 | (G) "Minor traffic offense" means a petty offense, | ||||||
5 | business offense, or Class C misdemeanor under the | ||||||
6 | Illinois Vehicle Code or a similar provision of a | ||||||
7 | municipal or local ordinance. | ||||||
8 | (H) "Municipal ordinance violation" means an | ||||||
9 | offense defined by a municipal or local ordinance that | ||||||
10 | is criminal in nature and with which the petitioner was | ||||||
11 | charged or for which the petitioner was arrested and | ||||||
12 | released without charging. | ||||||
13 | (I) "Petitioner" means an adult or a minor | ||||||
14 | prosecuted as an
adult who has applied for relief under | ||||||
15 | this Section. | ||||||
16 | (J) "Qualified probation" means an order of | ||||||
17 | probation under Section 10 of the Cannabis Control Act, | ||||||
18 | Section 410 of the Illinois Controlled Substances Act, | ||||||
19 | Section 70 of the Methamphetamine Control and | ||||||
20 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
21 | of the Unified Code of Corrections, Section | ||||||
22 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
23 | those provisions existed before their deletion by | ||||||
24 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
25 | Alcoholism and Other Drug Dependency Act, Section | ||||||
26 | 40-10 of the Alcoholism and Other Drug Abuse and |
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1 | Dependency Act, or Section 10 of the Steroid Control | ||||||
2 | Act. For the purpose of this Section, "successful | ||||||
3 | completion" of an order of qualified probation under | ||||||
4 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
5 | Drug Dependency Act and Section 40-10 of the Alcoholism | ||||||
6 | and Other Drug Abuse and Dependency Act means that the | ||||||
7 | probation was terminated satisfactorily and the | ||||||
8 | judgment of conviction was vacated. | ||||||
9 | (K) "Seal" means to physically and electronically | ||||||
10 | maintain the records, unless the records would | ||||||
11 | otherwise be destroyed due to age, but to make the | ||||||
12 | records unavailable without a court order, subject to | ||||||
13 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
14 | petitioner's name shall also be obliterated from the | ||||||
15 | official index required to be kept by the circuit court | ||||||
16 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
17 | any index issued by the circuit court clerk before the | ||||||
18 | entry of the order to seal shall not be affected. | ||||||
19 | (L) "Sexual offense committed against a minor" | ||||||
20 | includes but is
not limited to the offenses of indecent | ||||||
21 | solicitation of a child
or criminal sexual abuse when | ||||||
22 | the victim of such offense is
under 18 years of age. | ||||||
23 | (M) "Terminate" as it relates to a sentence or | ||||||
24 | order of supervision or qualified probation includes | ||||||
25 | either satisfactory or unsatisfactory termination of | ||||||
26 | the sentence, unless otherwise specified in this |
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1 | Section. | ||||||
2 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
3 | convictions for minor traffic offenses shall not affect a | ||||||
4 | petitioner's eligibility to expunge or seal records | ||||||
5 | pursuant to this Section. | ||||||
6 | (2.5) Commencing 180 days after the effective date of | ||||||
7 | this amendatory Act of the 99th General Assembly, the law | ||||||
8 | enforcement agency issuing the citation shall | ||||||
9 | automatically expunge, on or before January 1 and July 1 of | ||||||
10 | each year, the law enforcement records of a person found to | ||||||
11 | have committed a civil law violation of subsection (a) of | ||||||
12 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
13 | Section 3.5 of the Drug Paraphernalia Control Act in the | ||||||
14 | law enforcement agency's possession or control and which | ||||||
15 | contains the final satisfactory disposition which pertain | ||||||
16 | to the person issued a citation for that offense.
The law | ||||||
17 | enforcement agency shall provide by rule the process for | ||||||
18 | access, review, and to confirm the automatic expungement by | ||||||
19 | the law enforcement agency issuing the citation.
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20 | Commencing 180 days after the effective date of this | ||||||
21 | amendatory Act of the 99th General Assembly, the clerk of | ||||||
22 | the circuit court shall expunge, upon order of the court, | ||||||
23 | or in the absence of a court order on or before January 1 | ||||||
24 | and July 1 of each year, the court records of a person | ||||||
25 | found in the circuit court to have committed a civil law | ||||||
26 | violation of subsection (a) of Section 4 of the Cannabis |
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1 | Control Act or subsection (c) of Section 3.5 of the Drug | ||||||
2 | Paraphernalia Control Act in the clerk's possession or | ||||||
3 | control and which contains the final satisfactory | ||||||
4 | disposition which pertain to the person issued a citation | ||||||
5 | for any of those offenses. | ||||||
6 | (3) Exclusions. Except as otherwise provided in | ||||||
7 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
8 | of this Section, the court shall not order: | ||||||
9 | (A) the sealing or expungement of the records of | ||||||
10 | arrests or charges not initiated by arrest that result | ||||||
11 | in an order of supervision for or conviction of:
(i) | ||||||
12 | any sexual offense committed against a
minor; (ii) | ||||||
13 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
14 | similar provision of a local ordinance; or (iii) | ||||||
15 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
16 | similar provision of a local ordinance, unless the | ||||||
17 | arrest or charge is for a misdemeanor violation of | ||||||
18 | subsection (a) of Section 11-503 or a similar provision | ||||||
19 | of a local ordinance, that occurred prior to the | ||||||
20 | offender reaching the age of 25 years and the offender | ||||||
21 | has no other conviction for violating Section 11-501 or | ||||||
22 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
23 | provision of a local ordinance. | ||||||
24 | (B) the sealing or expungement of records of minor | ||||||
25 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
26 | unless the petitioner was arrested and released |
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1 | without charging. | ||||||
2 | (C) the sealing of the records of arrests or | ||||||
3 | charges not initiated by arrest which result in an | ||||||
4 | order of supervision or a conviction for the following | ||||||
5 | offenses: | ||||||
6 | (i) offenses included in Article 11 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
8 | or a similar provision of a local ordinance, except | ||||||
9 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012, or a similar provision of a | ||||||
11 | local ordinance; | ||||||
12 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
13 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, or a similar provision of a | ||||||
15 | local ordinance; | ||||||
16 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
18 | or Section 125 of the Stalking No Contact Order | ||||||
19 | Act, or Section 219 of the Civil No Contact Order | ||||||
20 | Act, or a similar provision of a local ordinance; | ||||||
21 | (iv) offenses which are Class A misdemeanors | ||||||
22 | under the Humane Care for Animals Act; or | ||||||
23 | (v) any offense or attempted offense that | ||||||
24 | would subject a person to registration under the | ||||||
25 | Sex Offender Registration Act. | ||||||
26 | (D) the sealing of the records of an arrest which |
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1 | results in
the petitioner being charged with a felony | ||||||
2 | offense or records of a charge not initiated by arrest | ||||||
3 | for a felony offense unless: | ||||||
4 | (i) the charge is amended to a misdemeanor and | ||||||
5 | is otherwise
eligible to be sealed pursuant to | ||||||
6 | subsection (c); | ||||||
7 | (ii) the charge is brought along with another | ||||||
8 | charge as a part of one case and the charge results | ||||||
9 | in acquittal, dismissal, or conviction when the | ||||||
10 | conviction was reversed or vacated, and another | ||||||
11 | charge brought in the same case results in a | ||||||
12 | disposition for a misdemeanor offense that is | ||||||
13 | eligible to be sealed pursuant to subsection (c) or | ||||||
14 | a disposition listed in paragraph (i), (iii), or | ||||||
15 | (iv) of this subsection; | ||||||
16 | (iii) the charge results in first offender | ||||||
17 | probation as set forth in subsection (c)(2)(E); | ||||||
18 | (iv) the charge is for a felony offense listed | ||||||
19 | in subsection (c)(2)(F) or the charge is amended to | ||||||
20 | a felony offense listed in subsection (c)(2)(F); | ||||||
21 | (v) the charge results in acquittal, | ||||||
22 | dismissal, or the petitioner's release without | ||||||
23 | conviction; or | ||||||
24 | (vi) the charge results in a conviction, but | ||||||
25 | the conviction was reversed or vacated. | ||||||
26 | (b) Expungement. |
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1 | (1) A petitioner may petition the circuit court to | ||||||
2 | expunge the
records of his or her arrests and charges not | ||||||
3 | initiated by arrest when: | ||||||
4 | (A) He or she has never been convicted of a | ||||||
5 | criminal offense; and | ||||||
6 | (B) Each arrest or charge not initiated by arrest
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7 | sought to be expunged resulted in:
(i) acquittal, | ||||||
8 | dismissal, or the petitioner's release without | ||||||
9 | charging, unless excluded by subsection (a)(3)(B);
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10 | (ii) a conviction which was vacated or reversed, unless | ||||||
11 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
12 | supervision and such supervision was successfully | ||||||
13 | completed by the petitioner, unless excluded by | ||||||
14 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
15 | qualified probation (as defined in subsection | ||||||
16 | (a)(1)(J)) and such probation was successfully | ||||||
17 | completed by the petitioner. | ||||||
18 | (2) Time frame for filing a petition to expunge. | ||||||
19 | (A) When the arrest or charge not initiated by | ||||||
20 | arrest sought to be expunged resulted in an acquittal, | ||||||
21 | dismissal, the petitioner's release without charging, | ||||||
22 | or the reversal or vacation of a conviction, there is | ||||||
23 | no waiting period to petition for the expungement of | ||||||
24 | such records. | ||||||
25 | (B) When the arrest or charge not initiated by | ||||||
26 | arrest
sought to be expunged resulted in an order of |
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1 | supervision, successfully
completed by the petitioner, | ||||||
2 | the following time frames will apply: | ||||||
3 | (i) Those arrests or charges that resulted in | ||||||
4 | orders of
supervision under Section 3-707, 3-708, | ||||||
5 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
6 | similar provision of a local ordinance, or under | ||||||
7 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
8 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
9 | similar provision of a local ordinance, shall not | ||||||
10 | be eligible for expungement until 5 years have | ||||||
11 | passed following the satisfactory termination of | ||||||
12 | the supervision. | ||||||
13 | (i-5) Those arrests or charges that resulted | ||||||
14 | in orders of supervision for a misdemeanor | ||||||
15 | violation of subsection (a) of Section 11-503 of | ||||||
16 | the Illinois Vehicle Code or a similar provision of | ||||||
17 | a local ordinance, that occurred prior to the | ||||||
18 | offender reaching the age of 25 years and the | ||||||
19 | offender has no other conviction for violating | ||||||
20 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
21 | Code or a similar provision of a local ordinance | ||||||
22 | shall not be eligible for expungement until the | ||||||
23 | petitioner has reached the age of 25 years. | ||||||
24 | (ii) Those arrests or charges that resulted in | ||||||
25 | orders
of supervision for any other offenses shall | ||||||
26 | not be
eligible for expungement until 2 years have |
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1 | passed
following the satisfactory termination of | ||||||
2 | the supervision. | ||||||
3 | (C) When the arrest or charge not initiated by | ||||||
4 | arrest sought to
be expunged resulted in an order of | ||||||
5 | qualified probation, successfully
completed by the | ||||||
6 | petitioner, such records shall not be eligible for
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7 | expungement until 5 years have passed following the | ||||||
8 | satisfactory
termination of the probation. | ||||||
9 | (3) Those records maintained by the Department for
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10 | persons arrested prior to their 17th birthday shall be
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11 | expunged as provided in Section 5-915 of the Juvenile Court
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12 | Act of 1987. | ||||||
13 | (4) Whenever a person has been arrested for or | ||||||
14 | convicted of any
offense, in the name of a person whose | ||||||
15 | identity he or she has stolen or otherwise
come into | ||||||
16 | possession of, the aggrieved person from whom the identity
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17 | was stolen or otherwise obtained without authorization,
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18 | upon learning of the person having been arrested using his
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19 | or her identity, may, upon verified petition to the chief | ||||||
20 | judge of
the circuit wherein the arrest was made, have a | ||||||
21 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
22 | correct the
arrest record, conviction record, if any, and | ||||||
23 | all official
records of the arresting authority, the | ||||||
24 | Department, other
criminal justice agencies, the | ||||||
25 | prosecutor, and the trial
court concerning such arrest, if | ||||||
26 | any, by removing his or her name
from all such records in |
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1 | connection with the arrest and
conviction, if any, and by | ||||||
2 | inserting in the records the
name of the offender, if known | ||||||
3 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
4 | records of the circuit court clerk shall be sealed until | ||||||
5 | further order of
the court upon good cause shown and the | ||||||
6 | name of the
aggrieved person obliterated on the official | ||||||
7 | index
required to be kept by the circuit court clerk under
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8 | Section 16 of the Clerks of Courts Act, but the order shall
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9 | not affect any index issued by the circuit court clerk
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10 | before the entry of the order. Nothing in this Section
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11 | shall limit the Department of State Police or other
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12 | criminal justice agencies or prosecutors from listing
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13 | under an offender's name the false names he or she has
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14 | used. | ||||||
15 | (5) Whenever a person has been convicted of criminal
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16 | sexual assault, aggravated criminal sexual assault,
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17 | predatory criminal sexual assault of a child, criminal
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18 | sexual abuse, or aggravated criminal sexual abuse, the
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19 | victim of that offense may request that the State's
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20 | Attorney of the county in which the conviction occurred
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21 | file a verified petition with the presiding trial judge at
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22 | the petitioner's trial to have a court order entered to | ||||||
23 | seal
the records of the circuit court clerk in connection
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24 | with the proceedings of the trial court concerning that
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25 | offense. However, the records of the arresting authority
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26 | and the Department of State Police concerning the offense
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1 | shall not be sealed. The court, upon good cause shown,
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2 | shall make the records of the circuit court clerk in
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3 | connection with the proceedings of the trial court
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4 | concerning the offense available for public inspection. | ||||||
5 | (6) If a conviction has been set aside on direct review
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6 | or on collateral attack and the court determines by clear
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7 | and convincing evidence that the petitioner was factually
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8 | innocent of the charge, the court that finds the petitioner | ||||||
9 | factually innocent of the charge shall enter an
expungement | ||||||
10 | order for the conviction for which the petitioner has been | ||||||
11 | determined to be innocent as provided in subsection (b) of | ||||||
12 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
13 | (7) Nothing in this Section shall prevent the | ||||||
14 | Department of
State Police from maintaining all records of | ||||||
15 | any person who
is admitted to probation upon terms and | ||||||
16 | conditions and who
fulfills those terms and conditions | ||||||
17 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
18 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
19 | of the
Methamphetamine Control and Community Protection | ||||||
20 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
21 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
22 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
24 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
25 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
26 | Section 10 of the Steroid Control Act. |
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1 | (8) If the petitioner has been granted a certificate of | ||||||
2 | innocence under Section 2-702 of the Code of Civil | ||||||
3 | Procedure, the court that grants the certificate of | ||||||
4 | innocence shall also enter an order expunging the | ||||||
5 | conviction for which the petitioner has been determined to | ||||||
6 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
7 | of the Code of Civil Procedure. | ||||||
8 | (c) Sealing. | ||||||
9 | (1) Applicability. Notwithstanding any other provision | ||||||
10 | of this Act to the contrary, and cumulative with any rights | ||||||
11 | to expungement of criminal records, this subsection | ||||||
12 | authorizes the sealing of criminal records of adults and of | ||||||
13 | minors prosecuted as adults. | ||||||
14 | (2) Eligible Records. The following records may be | ||||||
15 | sealed: | ||||||
16 | (A) All arrests resulting in release without | ||||||
17 | charging; | ||||||
18 | (B) Arrests or charges not initiated by arrest | ||||||
19 | resulting in acquittal, dismissal, or conviction when | ||||||
20 | the conviction was reversed or vacated, except as | ||||||
21 | excluded by subsection (a)(3)(B); | ||||||
22 | (C) Arrests or charges not initiated by arrest | ||||||
23 | resulting in orders of supervision, including orders | ||||||
24 | of supervision for municipal ordinance violations, | ||||||
25 | successfully completed by the petitioner, unless | ||||||
26 | excluded by subsection (a)(3); |
| |||||||
| |||||||
1 | (D) Arrests or charges not initiated by arrest | ||||||
2 | resulting in convictions, including convictions on | ||||||
3 | municipal ordinance violations, unless excluded by | ||||||
4 | subsection (a)(3); | ||||||
5 | (E) Arrests or charges not initiated by arrest | ||||||
6 | resulting in orders of first offender probation under | ||||||
7 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
8 | the Illinois Controlled Substances Act, Section 70 of | ||||||
9 | the Methamphetamine Control and Community Protection | ||||||
10 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
11 | Corrections; and | ||||||
12 | (F) Arrests or charges not initiated by arrest | ||||||
13 | resulting in felony convictions for the following | ||||||
14 | offenses: | ||||||
15 | (i) Class 4 felony convictions for: | ||||||
16 | Prostitution under Section 11-14 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of | ||||||
18 | 2012. | ||||||
19 | Possession of cannabis under Section 4 of | ||||||
20 | the Cannabis Control Act. | ||||||
21 | Possession of a controlled substance under | ||||||
22 | Section 402 of the Illinois Controlled | ||||||
23 | Substances Act. | ||||||
24 | Offenses under the Methamphetamine | ||||||
25 | Precursor Control Act. | ||||||
26 | Offenses under the Steroid Control Act. |
| |||||||
| |||||||
1 | Theft under Section 16-1 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012. | ||||||
3 | Retail theft under Section 16A-3 or | ||||||
4 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
5 | 1961 or the Criminal Code of 2012. | ||||||
6 | Deceptive practices under Section 17-1 of | ||||||
7 | the Criminal Code of 1961 or the Criminal Code | ||||||
8 | of 2012. | ||||||
9 | Forgery under Section 17-3 of the Criminal | ||||||
10 | Code of 1961 or the Criminal Code of 2012. | ||||||
11 | Possession of burglary tools under Section | ||||||
12 | 19-2 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012. | ||||||
14 | (ii) Class 3 felony convictions for: | ||||||
15 | Theft under Section 16-1 of the Criminal | ||||||
16 | Code of 1961 or the Criminal Code of 2012. | ||||||
17 | Retail theft under Section 16A-3 or | ||||||
18 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
19 | 1961 or the Criminal Code of 2012. | ||||||
20 | Deceptive practices under Section 17-1 of | ||||||
21 | the Criminal Code of 1961 or the Criminal Code | ||||||
22 | of 2012. | ||||||
23 | Forgery under Section 17-3 of the Criminal | ||||||
24 | Code of 1961 or the Criminal Code of 2012. | ||||||
25 | Possession with intent to manufacture or | ||||||
26 | deliver a controlled substance under Section |
| |||||||
| |||||||
1 | 401 of the Illinois Controlled Substances Act. | ||||||
2 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
3 | identified as eligible under subsection (c)(2) may be | ||||||
4 | sealed as follows: | ||||||
5 | (A) Records identified as eligible under | ||||||
6 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
7 | time. | ||||||
8 | (B) Except as otherwise provided in subparagraph | ||||||
9 | (E) of this paragraph (3), records identified as | ||||||
10 | eligible under subsection (c)(2)(C) may be sealed
2 | ||||||
11 | years after the termination of petitioner's last | ||||||
12 | sentence (as defined in subsection (a)(1)(F)). | ||||||
13 | (C) Except as otherwise provided in subparagraph | ||||||
14 | (E) of this paragraph (3), records identified as | ||||||
15 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
16 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
17 | of the petitioner's last sentence (as defined in | ||||||
18 | subsection (a)(1)(F)). | ||||||
19 | (D) Records identified in subsection | ||||||
20 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
21 | reached the age of 25 years. | ||||||
22 | (E) Records identified as eligible under | ||||||
23 | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
24 | (c)(2)(F) may be sealed upon termination of the | ||||||
25 | petitioner's last sentence if the petitioner earned a | ||||||
26 | high school diploma, associate's degree, career |
| |||||||
| |||||||
1 | certificate, vocational technical certification, or | ||||||
2 | bachelor's degree, or passed the high school level Test | ||||||
3 | of General Educational Development, during the period | ||||||
4 | of his or her sentence, aftercare release, or mandatory | ||||||
5 | supervised release. This subparagraph shall apply only | ||||||
6 | to a petitioner who has not completed the same | ||||||
7 | educational goal prior to the period of his or her | ||||||
8 | sentence, aftercare release, or mandatory supervised | ||||||
9 | release. If a petition for sealing eligible records | ||||||
10 | filed under this subparagraph is denied by the court, | ||||||
11 | the time periods under subparagraph (B) or (C) shall | ||||||
12 | apply to any subsequent petition for sealing filed by | ||||||
13 | the petitioner. | ||||||
14 | (4) Subsequent felony convictions. A person may not | ||||||
15 | have
subsequent felony conviction records sealed as | ||||||
16 | provided in this subsection
(c) if he or she is convicted | ||||||
17 | of any felony offense after the date of the
sealing of | ||||||
18 | prior felony convictions as provided in this subsection | ||||||
19 | (c). The court may, upon conviction for a subsequent felony | ||||||
20 | offense, order the unsealing of prior felony conviction | ||||||
21 | records previously ordered sealed by the court. | ||||||
22 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
23 | disposition for an eligible record under this subsection | ||||||
24 | (c), the petitioner shall be informed by the court of the | ||||||
25 | right to have the records sealed and the procedures for the | ||||||
26 | sealing of the records. |
| |||||||
| |||||||
1 | (d) Procedure. The following procedures apply to | ||||||
2 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
3 | under subsections (c) and (e-5): | ||||||
4 | (1) Filing the petition. Upon becoming eligible to | ||||||
5 | petition for
the expungement or sealing of records under | ||||||
6 | this Section, the petitioner shall file a petition | ||||||
7 | requesting the expungement
or sealing of records with the | ||||||
8 | clerk of the court where the arrests occurred or the | ||||||
9 | charges were brought, or both. If arrests occurred or | ||||||
10 | charges were brought in multiple jurisdictions, a petition | ||||||
11 | must be filed in each such jurisdiction. The petitioner | ||||||
12 | shall pay the applicable fee, if not waived. | ||||||
13 | (2) Contents of petition. The petition shall be
| ||||||
14 | verified and shall contain the petitioner's name, date of
| ||||||
15 | birth, current address and, for each arrest or charge not | ||||||
16 | initiated by
arrest sought to be sealed or expunged, the | ||||||
17 | case number, the date of
arrest (if any), the identity of | ||||||
18 | the arresting authority, and such
other information as the | ||||||
19 | court may require. During the pendency
of the proceeding, | ||||||
20 | the petitioner shall promptly notify the
circuit court | ||||||
21 | clerk of any change of his or her address. If the | ||||||
22 | petitioner has received a certificate of eligibility for | ||||||
23 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
24 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
25 | Corrections, the certificate shall be attached to the | ||||||
26 | petition. |
| |||||||
| |||||||
1 | (3) Drug test. The petitioner must attach to the | ||||||
2 | petition proof that the petitioner has passed a test taken | ||||||
3 | within 30 days before the filing of the petition showing | ||||||
4 | the absence within his or her body of all illegal | ||||||
5 | substances as defined by the Illinois Controlled | ||||||
6 | Substances Act, the Methamphetamine Control and Community | ||||||
7 | Protection Act, and the Cannabis Control Act if he or she | ||||||
8 | is petitioning to: | ||||||
9 | (A) seal felony records under clause (c)(2)(E); | ||||||
10 | (B) seal felony records for a violation of the | ||||||
11 | Illinois Controlled Substances Act, the | ||||||
12 | Methamphetamine Control and Community Protection Act, | ||||||
13 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
14 | (C) seal felony records under subsection (e-5); or | ||||||
15 | (D) expunge felony records of a qualified | ||||||
16 | probation under clause (b)(1)(B)(iv). | ||||||
17 | (4) Service of petition. The circuit court clerk shall | ||||||
18 | promptly
serve a copy of the petition and documentation to | ||||||
19 | support the petition under subsection (e-5) or (e-6) on the | ||||||
20 | State's Attorney or
prosecutor charged with the duty of | ||||||
21 | prosecuting the
offense, the Department of State Police, | ||||||
22 | the arresting
agency and the chief legal officer of the | ||||||
23 | unit of local
government effecting the arrest. | ||||||
24 | (5) Objections. | ||||||
25 | (A) Any party entitled to notice of the petition | ||||||
26 | may file an objection to the petition. All objections |
| |||||||
| |||||||
1 | shall be in writing, shall be filed with the circuit | ||||||
2 | court clerk, and shall state with specificity the basis | ||||||
3 | of the objection. Whenever a person who has been | ||||||
4 | convicted of an offense is granted
a pardon by the | ||||||
5 | Governor which specifically authorizes expungement, an | ||||||
6 | objection to the petition may not be filed. | ||||||
7 | (B) Objections to a petition to expunge or seal | ||||||
8 | must be filed within 60 days of the date of service of | ||||||
9 | the petition. | ||||||
10 | (6) Entry of order. | ||||||
11 | (A) The Chief Judge of the circuit wherein the | ||||||
12 | charge was brought, any judge of that circuit | ||||||
13 | designated by the Chief Judge, or in counties of less | ||||||
14 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
15 | at the petitioner's trial, if any, shall rule on the | ||||||
16 | petition to expunge or seal as set forth in this | ||||||
17 | subsection (d)(6). | ||||||
18 | (B) Unless the State's Attorney or prosecutor, the | ||||||
19 | Department of
State Police, the arresting agency, or | ||||||
20 | the chief legal officer
files an objection to the | ||||||
21 | petition to expunge or seal within 60 days from the | ||||||
22 | date of service of the petition, the court shall enter | ||||||
23 | an order granting or denying the petition. | ||||||
24 | (7) Hearings. If an objection is filed, the court shall | ||||||
25 | set a date for a hearing and notify the petitioner and all | ||||||
26 | parties entitled to notice of the petition of the hearing |
| |||||||
| |||||||
1 | date at least 30 days prior to the hearing. Prior to the | ||||||
2 | hearing, the State's Attorney shall consult with the | ||||||
3 | Department as to the appropriateness of the relief sought | ||||||
4 | in the petition to expunge or seal. At the hearing, the | ||||||
5 | court shall hear evidence on whether the petition should or | ||||||
6 | should not be granted, and shall grant or deny the petition | ||||||
7 | to expunge or seal the records based on the evidence | ||||||
8 | presented at the hearing. The court may consider the | ||||||
9 | following: | ||||||
10 | (A) the strength of the evidence supporting the | ||||||
11 | defendant's conviction; | ||||||
12 | (B) the reasons for retention of the conviction | ||||||
13 | records by the State; | ||||||
14 | (C) the petitioner's age, criminal record history, | ||||||
15 | and employment history; | ||||||
16 | (D) the period of time between the petitioner's | ||||||
17 | arrest on the charge resulting in the conviction and | ||||||
18 | the filing of the petition under this Section; and | ||||||
19 | (E) the specific adverse consequences the | ||||||
20 | petitioner may be subject to if the petition is denied. | ||||||
21 | (8) Service of order. After entering an order to | ||||||
22 | expunge or
seal records, the court must provide copies of | ||||||
23 | the order to the
Department, in a form and manner | ||||||
24 | prescribed by the Department,
to the petitioner, to the | ||||||
25 | State's Attorney or prosecutor
charged with the duty of | ||||||
26 | prosecuting the offense, to the
arresting agency, to the |
| |||||||
| |||||||
1 | chief legal officer of the unit of
local government | ||||||
2 | effecting the arrest, and to such other
criminal justice | ||||||
3 | agencies as may be ordered by the court. | ||||||
4 | (9) Implementation of order. | ||||||
5 | (A) Upon entry of an order to expunge records | ||||||
6 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
7 | (i) the records shall be expunged (as defined | ||||||
8 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
9 | the Department, and any other agency as ordered by | ||||||
10 | the court, within 60 days of the date of service of | ||||||
11 | the order, unless a motion to vacate, modify, or | ||||||
12 | reconsider the order is filed pursuant to | ||||||
13 | paragraph (12) of subsection (d) of this Section; | ||||||
14 | (ii) the records of the circuit court clerk | ||||||
15 | shall be impounded until further order of the court | ||||||
16 | upon good cause shown and the name of the | ||||||
17 | petitioner obliterated on the official index | ||||||
18 | required to be kept by the circuit court clerk | ||||||
19 | under Section 16 of the Clerks of Courts Act, but | ||||||
20 | the order shall not affect any index issued by the | ||||||
21 | circuit court clerk before the entry of the order; | ||||||
22 | and | ||||||
23 | (iii) in response to an inquiry for expunged | ||||||
24 | records, the court, the Department, or the agency | ||||||
25 | receiving such inquiry, shall reply as it does in | ||||||
26 | response to inquiries when no records ever |
| |||||||
| |||||||
1 | existed. | ||||||
2 | (B) Upon entry of an order to expunge records | ||||||
3 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
4 | (i) the records shall be expunged (as defined | ||||||
5 | in subsection (a)(1)(E)) by the arresting agency | ||||||
6 | and any other agency as ordered by the court, | ||||||
7 | within 60 days of the date of service of the order, | ||||||
8 | unless a motion to vacate, modify, or reconsider | ||||||
9 | the order is filed pursuant to paragraph (12) of | ||||||
10 | subsection (d) of this Section; | ||||||
11 | (ii) the records of the circuit court clerk | ||||||
12 | shall be impounded until further order of the court | ||||||
13 | upon good cause shown and the name of the | ||||||
14 | petitioner obliterated on the official index | ||||||
15 | required to be kept by the circuit court clerk | ||||||
16 | under Section 16 of the Clerks of Courts Act, but | ||||||
17 | the order shall not affect any index issued by the | ||||||
18 | circuit court clerk before the entry of the order; | ||||||
19 | (iii) the records shall be impounded by the
| ||||||
20 | Department within 60 days of the date of service of | ||||||
21 | the order as ordered by the court, unless a motion | ||||||
22 | to vacate, modify, or reconsider the order is filed | ||||||
23 | pursuant to paragraph (12) of subsection (d) of | ||||||
24 | this Section; | ||||||
25 | (iv) records impounded by the Department may | ||||||
26 | be disseminated by the Department only as required |
| |||||||
| |||||||
1 | by law or to the arresting authority, the State's | ||||||
2 | Attorney, and the court upon a later arrest for the | ||||||
3 | same or a similar offense or for the purpose of | ||||||
4 | sentencing for any subsequent felony, and to the | ||||||
5 | Department of Corrections upon conviction for any | ||||||
6 | offense; and | ||||||
7 | (v) in response to an inquiry for such records | ||||||
8 | from anyone not authorized by law to access such | ||||||
9 | records, the court, the Department, or the agency | ||||||
10 | receiving such inquiry shall reply as it does in | ||||||
11 | response to inquiries when no records ever | ||||||
12 | existed. | ||||||
13 | (B-5) Upon entry of an order to expunge records | ||||||
14 | under subsection (e-6): | ||||||
15 | (i) the records shall be expunged (as defined | ||||||
16 | in subsection (a)(1)(E)) by the arresting agency | ||||||
17 | and any other agency as ordered by the court, | ||||||
18 | within 60 days of the date of service of the order, | ||||||
19 | unless a motion to vacate, modify, or reconsider | ||||||
20 | the order is filed under paragraph (12) of | ||||||
21 | subsection (d) of this Section; | ||||||
22 | (ii) the records of the circuit court clerk | ||||||
23 | shall be impounded until further order of the court | ||||||
24 | upon good cause shown and the name of the | ||||||
25 | petitioner obliterated on the official index | ||||||
26 | required to be kept by the circuit court clerk |
| |||||||
| |||||||
1 | under Section 16 of the Clerks of Courts Act, but | ||||||
2 | the order shall not affect any index issued by the | ||||||
3 | circuit court clerk before the entry of the order; | ||||||
4 | (iii) the records shall be impounded by the
| ||||||
5 | Department within 60 days of the date of service of | ||||||
6 | the order as ordered by the court, unless a motion | ||||||
7 | to vacate, modify, or reconsider the order is filed | ||||||
8 | under paragraph (12) of subsection (d) of this | ||||||
9 | Section; | ||||||
10 | (iv) records impounded by the Department may | ||||||
11 | be disseminated by the Department only as required | ||||||
12 | by law or to the arresting authority, the State's | ||||||
13 | Attorney, and the court upon a later arrest for the | ||||||
14 | same or a similar offense or for the purpose of | ||||||
15 | sentencing for any subsequent felony, and to the | ||||||
16 | Department of Corrections upon conviction for any | ||||||
17 | offense; and | ||||||
18 | (v) in response to an inquiry for these records | ||||||
19 | from anyone not authorized by law to access the | ||||||
20 | records, the court, the Department, or the agency | ||||||
21 | receiving the inquiry shall reply as it does in | ||||||
22 | response to inquiries when no records ever | ||||||
23 | existed. | ||||||
24 | (C) Upon entry of an order to seal records under | ||||||
25 | subsection
(c), the arresting agency, any other agency | ||||||
26 | as ordered by the court, the Department, and the court |
| |||||||
| |||||||
1 | shall seal the records (as defined in subsection | ||||||
2 | (a)(1)(K)). In response to an inquiry for such records, | ||||||
3 | from anyone not authorized by law to access such | ||||||
4 | records, the court, the Department, or the agency | ||||||
5 | receiving such inquiry shall reply as it does in | ||||||
6 | response to inquiries when no records ever existed. | ||||||
7 | (D) The Department shall send written notice to the | ||||||
8 | petitioner of its compliance with each order to expunge | ||||||
9 | or seal records within 60 days of the date of service | ||||||
10 | of that order or, if a motion to vacate, modify, or | ||||||
11 | reconsider is filed, within 60 days of service of the | ||||||
12 | order resolving the motion, if that order requires the | ||||||
13 | Department to expunge or seal records. In the event of | ||||||
14 | an appeal from the circuit court order, the Department | ||||||
15 | shall send written notice to the petitioner of its | ||||||
16 | compliance with an Appellate Court or Supreme Court | ||||||
17 | judgment to expunge or seal records within 60 days of | ||||||
18 | the issuance of the court's mandate. The notice is not | ||||||
19 | required while any motion to vacate, modify, or | ||||||
20 | reconsider, or any appeal or petition for | ||||||
21 | discretionary appellate review, is pending. | ||||||
22 | (10) Fees. The Department may charge the petitioner a | ||||||
23 | fee equivalent to the cost of processing any order to | ||||||
24 | expunge or seal records. Notwithstanding any provision of | ||||||
25 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
26 | clerk may charge a fee equivalent to the cost associated |
| |||||||
| |||||||
1 | with the sealing or expungement of records by the circuit | ||||||
2 | court clerk. From the total filing fee collected for the | ||||||
3 | petition to seal or expunge, the circuit court clerk shall | ||||||
4 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
5 | Administrative Fund, to be used to offset the costs | ||||||
6 | incurred by the circuit court clerk in performing the | ||||||
7 | additional duties required to serve the petition to seal or | ||||||
8 | expunge on all parties. The circuit court clerk shall | ||||||
9 | collect and forward the Department of State Police portion | ||||||
10 | of the fee to the Department and it shall be deposited in | ||||||
11 | the State Police Services Fund. | ||||||
12 | (11) Final Order. No court order issued under the | ||||||
13 | expungement or sealing provisions of this Section shall | ||||||
14 | become final for purposes of appeal until 30 days after | ||||||
15 | service of the order on the petitioner and all parties | ||||||
16 | entitled to notice of the petition. | ||||||
17 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
18 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
19 | petitioner or any party entitled to notice may file a | ||||||
20 | motion to vacate, modify, or reconsider the order granting | ||||||
21 | or denying the petition to expunge or seal within 60 days | ||||||
22 | of service of the order. If filed more than 60 days after | ||||||
23 | service of the order, a petition to vacate, modify, or | ||||||
24 | reconsider shall comply with subsection (c) of Section | ||||||
25 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
26 | motion to vacate, modify, or reconsider, notice of the |
| |||||||
| |||||||
1 | motion shall be served upon the petitioner and all parties | ||||||
2 | entitled to notice of the petition. | ||||||
3 | (13) Effect of Order. An order granting a petition | ||||||
4 | under the expungement or sealing provisions of this Section | ||||||
5 | shall not be considered void because it fails to comply | ||||||
6 | with the provisions of this Section or because of any error | ||||||
7 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
8 | circuit court retains jurisdiction to determine whether | ||||||
9 | the order is voidable and to vacate, modify, or reconsider | ||||||
10 | its terms based on a motion filed under paragraph (12) of | ||||||
11 | this subsection (d). | ||||||
12 | (14) Compliance with Order Granting Petition to Seal | ||||||
13 | Records. Unless a court has entered a stay of an order | ||||||
14 | granting a petition to seal, all parties entitled to notice | ||||||
15 | of the petition must fully comply with the terms of the | ||||||
16 | order within 60 days of service of the order even if a | ||||||
17 | party is seeking relief from the order through a motion | ||||||
18 | filed under paragraph (12) of this subsection (d) or is | ||||||
19 | appealing the order. | ||||||
20 | (15) Compliance with Order Granting Petition to | ||||||
21 | Expunge Records. While a party is seeking relief from the | ||||||
22 | order granting the petition to expunge through a motion | ||||||
23 | filed under paragraph (12) of this subsection (d) or is | ||||||
24 | appealing the order, and unless a court has entered a stay | ||||||
25 | of that order, the parties entitled to notice of the | ||||||
26 | petition must seal, but need not expunge, the records until |
| |||||||
| |||||||
1 | there is a final order on the motion for relief or, in the | ||||||
2 | case of an appeal, the issuance of that court's mandate. | ||||||
3 | (16) The changes to this subsection (d) made by Public | ||||||
4 | Act 98-163 apply to all petitions pending on August 5, 2013 | ||||||
5 | (the effective date of Public Act 98-163) and to all orders | ||||||
6 | ruling on a petition to expunge or seal on or after August | ||||||
7 | 5, 2013 (the effective date of Public Act 98-163). | ||||||
8 | (e) Whenever a person who has been convicted of an offense | ||||||
9 | is granted
a pardon by the Governor which specifically | ||||||
10 | authorizes expungement, he or she may,
upon verified petition | ||||||
11 | to the Chief Judge of the circuit where the person had
been | ||||||
12 | convicted, any judge of the circuit designated by the Chief | ||||||
13 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
14 | presiding trial judge at the
defendant's trial, have a court | ||||||
15 | order entered expunging the record of
arrest from the official | ||||||
16 | records of the arresting authority and order that the
records | ||||||
17 | of the circuit court clerk and the Department be sealed until
| ||||||
18 | further order of the court upon good cause shown or as | ||||||
19 | otherwise provided
herein, and the name of the defendant | ||||||
20 | obliterated from the official index
requested to be kept by the | ||||||
21 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
22 | Act in connection with the arrest and conviction for the | ||||||
23 | offense for
which he or she had been pardoned but the order | ||||||
24 | shall not affect any index issued by
the circuit court clerk | ||||||
25 | before the entry of the order. All records sealed by
the | ||||||
26 | Department may be disseminated by the Department only to the |
| |||||||
| |||||||
1 | arresting authority, the State's Attorney, and the court upon a | ||||||
2 | later
arrest for the same or similar offense or for the purpose | ||||||
3 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
4 | any subsequent offense, the Department
of Corrections shall | ||||||
5 | have access to all sealed records of the Department
pertaining | ||||||
6 | to that individual. Upon entry of the order of expungement, the
| ||||||
7 | circuit court clerk shall promptly mail a copy of the order to | ||||||
8 | the
person who was pardoned. | ||||||
9 | (e-5) Whenever a person who has been convicted of an | ||||||
10 | offense is granted a certificate of eligibility for sealing by | ||||||
11 | the Prisoner Review Board which specifically authorizes | ||||||
12 | sealing, he or she may, upon verified petition to the Chief | ||||||
13 | Judge of the circuit where the person had been convicted, any | ||||||
14 | judge of the circuit designated by the Chief Judge, or in | ||||||
15 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
16 | trial judge at the petitioner's trial, have a court order | ||||||
17 | entered sealing the record of arrest from the official records | ||||||
18 | of the arresting authority and order that the records of the | ||||||
19 | circuit court clerk and the Department be sealed until further | ||||||
20 | order of the court upon good cause shown or as otherwise | ||||||
21 | provided herein, and the name of the petitioner obliterated | ||||||
22 | from the official index requested to be kept by the circuit | ||||||
23 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
24 | connection with the arrest and conviction for the offense for | ||||||
25 | which he or she had been granted the certificate but the order | ||||||
26 | shall not affect any index issued by the circuit court clerk |
| |||||||
| |||||||
1 | before the entry of the order. All records sealed by the | ||||||
2 | Department may be disseminated by the Department only as | ||||||
3 | required by this Act or to the arresting authority, a law | ||||||
4 | enforcement agency, the State's Attorney, and the court upon a | ||||||
5 | later arrest for the same or similar offense or for the purpose | ||||||
6 | of sentencing for any subsequent felony. Upon conviction for | ||||||
7 | any subsequent offense, the Department of Corrections shall | ||||||
8 | have access to all sealed records of the Department pertaining | ||||||
9 | to that individual. Upon entry of the order of sealing, the | ||||||
10 | circuit court clerk shall promptly mail a copy of the order to | ||||||
11 | the person who was granted the certificate of eligibility for | ||||||
12 | sealing. | ||||||
13 | (e-6) Whenever a person who has been convicted of an | ||||||
14 | offense is granted a certificate of eligibility for expungement | ||||||
15 | by the Prisoner Review Board which specifically authorizes | ||||||
16 | expungement, he or she may, upon verified petition to the Chief | ||||||
17 | Judge of the circuit where the person had been convicted, any | ||||||
18 | judge of the circuit designated by the Chief Judge, or in | ||||||
19 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
20 | trial judge at the petitioner's trial, have a court order | ||||||
21 | entered expunging the record of arrest from the official | ||||||
22 | records of the arresting authority and order that the records | ||||||
23 | of the circuit court clerk and the Department be sealed until | ||||||
24 | further order of the court upon good cause shown or as | ||||||
25 | otherwise provided herein, and the name of the petitioner | ||||||
26 | obliterated from the official index requested to be kept by the |
| |||||||
| |||||||
1 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
2 | Act in connection with the arrest and conviction for the | ||||||
3 | offense for which he or she had been granted the certificate | ||||||
4 | but the order shall not affect any index issued by the circuit | ||||||
5 | court clerk before the entry of the order. All records sealed | ||||||
6 | by the Department may be disseminated by the Department only as | ||||||
7 | required by this Act or to the arresting authority, a law | ||||||
8 | enforcement agency, the State's Attorney, and the court upon a | ||||||
9 | later arrest for the same or similar offense or for the purpose | ||||||
10 | of sentencing for any subsequent felony. Upon conviction for | ||||||
11 | any subsequent offense, the Department of Corrections shall | ||||||
12 | have access to all expunged records of the Department | ||||||
13 | pertaining to that individual. Upon entry of the order of | ||||||
14 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
15 | of the order to the person who was granted the certificate of | ||||||
16 | eligibility for expungement. | ||||||
17 | (f) Subject to available funding, the Illinois Department
| ||||||
18 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
19 | especially on employment and recidivism rates, utilizing a
| ||||||
20 | random sample of those who apply for the sealing of their
| ||||||
21 | criminal records under Public Act 93-211. At the request of the
| ||||||
22 | Illinois Department of Corrections, records of the Illinois
| ||||||
23 | Department of Employment Security shall be utilized as
| ||||||
24 | appropriate to assist in the study. The study shall not
| ||||||
25 | disclose any data in a manner that would allow the
| ||||||
26 | identification of any particular individual or employing unit.
|
| |||||||
| |||||||
1 | The study shall be made available to the General Assembly no
| ||||||
2 | later than September 1, 2010.
| ||||||
3 | (Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | ||||||
4 | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, | ||||||
5 | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
6 | 98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; | ||||||
7 | 99-385, eff. 1-1-16; revised 10-15-15.)
| ||||||
8 | Section 10. The Compassionate Use of Medical Cannabis Pilot | ||||||
9 | Program Act is amended by changing Section 65 as follows:
| ||||||
10 | (410 ILCS 130/65) | ||||||
11 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
12 | Sec. 65. Denial of registry identification cards. | ||||||
13 | (a) The Department of Public Health may deny an application | ||||||
14 | or renewal of a qualifying patient's registry identification | ||||||
15 | card only if the applicant:
| ||||||
16 | (1) did not provide the required information and | ||||||
17 | materials;
| ||||||
18 | (2) previously had a registry identification card | ||||||
19 | revoked;
| ||||||
20 | (3) did not meet the requirements of this Act; or
| ||||||
21 | (4) provided false or falsified information.
| ||||||
22 | (b) Except as provided in subsection (b-5) of this Section, | ||||||
23 | no No person who has been convicted of a felony under the | ||||||
24 | Illinois Controlled Substances Act, Cannabis Control Act, or |
| |||||||
| |||||||
1 | Methamphetamine Control and Community Protection Act, or | ||||||
2 | similar provision in a local ordinance or other jurisdiction is | ||||||
3 | eligible to receive a registry identification card.
| ||||||
4 | (b-5) If a person was convicted of a felony under the | ||||||
5 | Cannabis Control Act or a similar provision of a local | ||||||
6 | ordinance or of a law of another jurisdiction, and the action | ||||||
7 | warranting that felony is no longer considered a felony after | ||||||
8 | the effective date of this amendatory Act of the 99th General | ||||||
9 | Assembly, that person shall be eligible to receive a registry | ||||||
10 | identification card. | ||||||
11 | (c) The Department of Public Health may deny an application | ||||||
12 | or renewal for a designated caregiver chosen by a qualifying | ||||||
13 | patient whose registry identification card was granted only if:
| ||||||
14 | (1) the designated caregiver does not meet the | ||||||
15 | requirements of subsection (i) of Section 10;
| ||||||
16 | (2) the applicant did not provide the information | ||||||
17 | required;
| ||||||
18 | (3) the prospective patient's application was denied;
| ||||||
19 | (4) the designated caregiver previously had a registry | ||||||
20 | identification card revoked; or
| ||||||
21 | (5) the applicant or the designated caregiver provided | ||||||
22 | false or falsified information.
| ||||||
23 | (d) The Department of Public Health through the Department | ||||||
24 | of State Police shall conduct a background check of the | ||||||
25 | prospective qualifying patient and designated caregiver in | ||||||
26 | order to carry out this Section. The Department of State Police |
| |||||||
| |||||||
1 | shall charge a fee for conducting the criminal history record | ||||||
2 | check, which shall be deposited in the State Police Services | ||||||
3 | Fund and shall not exceed the actual cost of the record check. | ||||||
4 | Each person applying as a qualifying patient or a designated | ||||||
5 | caregiver shall submit a full set of fingerprints to the | ||||||
6 | Department of State Police for the purpose of obtaining a State | ||||||
7 | and federal criminal records check. These fingerprints shall be | ||||||
8 | checked against the fingerprint records now and hereafter, to | ||||||
9 | the extent allowed by law, filed in the Department of State | ||||||
10 | Police and Federal Bureau of Investigation criminal history | ||||||
11 | records databases. The Department of State Police shall | ||||||
12 | furnish, following positive identification, all Illinois | ||||||
13 | conviction information to the Department of Public Health. The | ||||||
14 | Department of Public Health may waive the submission of a | ||||||
15 | qualifying patient's complete fingerprints based on (1) the | ||||||
16 | severity of the patient's illness and (2) the inability of the | ||||||
17 | qualifying patient to supply those fingerprints, provided that | ||||||
18 | a complete criminal background check is conducted by the | ||||||
19 | Department of State Police prior to the issuance of a registry | ||||||
20 | identification card. | ||||||
21 | (e) The Department of Public Health shall notify the | ||||||
22 | qualifying patient who has designated someone to serve as his | ||||||
23 | or her designated caregiver if a registry identification card | ||||||
24 | will not be issued to the designated caregiver.
| ||||||
25 | (f) Denial of an application or renewal is considered a | ||||||
26 | final Department action, subject to judicial review. |
| |||||||
| |||||||
1 | Jurisdiction and venue for judicial review are vested in the | ||||||
2 | Circuit Court.
| ||||||
3 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
| ||||||
4 | Section 15. The Illinois Aeronautics Act is amended by | ||||||
5 | changing Sections 43d and 43e as follows:
| ||||||
6 | (620 ILCS 5/43d) (from Ch. 15 1/2, par. 22.43d)
| ||||||
7 | Sec. 43d. Intoxicated persons in or about aircraft.
| ||||||
8 | (a) No person shall:
| ||||||
9 | (1) Operate or attempt to operate any aircraft in this | ||||||
10 | State while under
the influence of intoxicating liquor or | ||||||
11 | any narcotic drug or other
controlled substance.
| ||||||
12 | (2) Knowingly permit any individual who is under the | ||||||
13 | influence of
intoxicating liquor or any narcotic drug or | ||||||
14 | other controlled substance to
operate any aircraft owned by | ||||||
15 | the person or in his custody or control.
| ||||||
16 | (3) Perform any act in connection with the maintenance | ||||||
17 | or operation of
any aircraft when under the influence of | ||||||
18 | intoxicating liquor or any
narcotic drug or other | ||||||
19 | controlled substance, except medication prescribed
by a | ||||||
20 | physician which will not render the person incapable of | ||||||
21 | performing
his duties safely.
| ||||||
22 | (4)(i) Consume alcoholic liquor within 8 hours prior to | ||||||
23 | operating or
acting as a crew member of any aircraft within | ||||||
24 | this State.
|
| |||||||
| |||||||
1 | (ii) Act as a crew member of any aircraft within this | ||||||
2 | State
while under the influence of alcohol
or when the | ||||||
3 | alcohol concentration in the person's blood , other bodily | ||||||
4 | substance, or breath is
0.04
or
more based on the | ||||||
5 | definition of blood , other bodily substance, and breath | ||||||
6 | units contained in Section
11-501.2 of the Illinois Vehicle | ||||||
7 | Code.
| ||||||
8 | (iii) Operate any aircraft within this
State
when the | ||||||
9 | alcohol concentration in the person's blood , other bodily | ||||||
10 | substance, or breath is 0.04 or
more based on the | ||||||
11 | definition of blood , other bodily substance, and breath | ||||||
12 | units contained in Section
11-501.2 of the Illinois Vehicle | ||||||
13 | Code.
| ||||||
14 | (iv) Operate or act as a crew member of any aircraft | ||||||
15 | within this
State when there is any amount of a drug, | ||||||
16 | substance, or compound in the
person's blood , other bodily | ||||||
17 | substance, or urine resulting from the unlawful use or | ||||||
18 | consumption of
cannabis as listed in the Cannabis Control | ||||||
19 | Act or a controlled substance
as listed in the Illinois | ||||||
20 | Controlled Substances Act.
| ||||||
21 | (5) Knowingly consume while a crew member of any | ||||||
22 | aircraft
any intoxicating
liquor, narcotic drug, or other | ||||||
23 | controlled substance while the aircraft is in
operation.
| ||||||
24 | (b) Any person who violates clause (4)(i) of subsection (a) | ||||||
25 | of this Section
is guilty
of a Class A misdemeanor.
A person | ||||||
26 | who violates paragraph (2), (3), or (5) or clause (4)(ii) of
|
| |||||||
| |||||||
1 | subsection (a) of this Section is guilty of a Class 4 felony. A | ||||||
2 | person who
violates paragraph (1) or clause (4)(iii) or (4)(iv) | ||||||
3 | of subsection (a) of this
Section is guilty of a Class 3 | ||||||
4 | felony.
| ||||||
5 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
6 | (620 ILCS 5/43e) (from Ch. 15 1/2, par. 22.43e)
| ||||||
7 | Sec. 43e.
(a) Any person who operates, is in actual | ||||||
8 | physical control
or who acts as a crew member of any aircraft | ||||||
9 | in this State shall be deemed
to have given consent, subject to | ||||||
10 | the provisions of Section 11-501.2 of the
Illinois Vehicle | ||||||
11 | Code, to a chemical test or tests of blood, breath , other | ||||||
12 | bodily substance, or
urine for the purpose of determining the | ||||||
13 | alcohol, other drug, or
combination thereof content of the | ||||||
14 | person's blood if arrested or upon
request by any law | ||||||
15 | enforcement officer where the officer has probable cause
to | ||||||
16 | believe the person is in violation of Section 43d of this Act. | ||||||
17 | The test
or tests shall be administered at the direction of the | ||||||
18 | arresting law
enforcement officer and the agency employing the | ||||||
19 | officer shall designate
which of the tests specified in this | ||||||
20 | Section shall
be administered.
| ||||||
21 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
22 | in a
condition rendering the person incapable of refusal, shall | ||||||
23 | be deemed not
to have withdrawn the consent provided by | ||||||
24 | paragraph (a) of this Section,
and the test or tests may be | ||||||
25 | administered, subject to the provisions of
Section 11-501.2 of |
| |||||||
| |||||||
1 | the Illinois Vehicle Code.
| ||||||
2 | (c) If the person refuses testing or submits to a test | ||||||
3 | which discloses
an alcohol concentration of 0.04 or more or | ||||||
4 | discloses the presence of any
illegal drug the law enforcement | ||||||
5 | officer shall immediately submit a sworn
report containing that | ||||||
6 | information to the Federal Aviation Administration,
Civil | ||||||
7 | Aeronautics Board or any other federal agency responsible for | ||||||
8 | the
licensing of pilots and crew members. The test results | ||||||
9 | shall, in addition,
be made available to any agency responsible | ||||||
10 | for relicensing or recertifying
any pilot or crew member.
| ||||||
11 | (Source: P.A. 87-458.)
| ||||||
12 | Section 20. The Illinois Vehicle Code is amended by | ||||||
13 | changing Sections 2-118, 2-118.1, 6-106.1a, 6-208.1, 6-514, | ||||||
14 | 6-517, 11-401, 11-500, 11-500.1, 11-501, 11-501.1, 11-501.2, | ||||||
15 | 11-501.4, 11-501.4-1, 11-501.6, 11-501.8, and 11-507 as | ||||||
16 | follows:
| ||||||
17 | (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
| ||||||
18 | Sec. 2-118. Hearings.
| ||||||
19 | (a) Upon the suspension, revocation or denial of
the | ||||||
20 | issuance of a license, permit, registration or certificate of | ||||||
21 | title
under this Code of any person the Secretary of State | ||||||
22 | shall immediately
notify such person in writing and upon his | ||||||
23 | written request shall, within 20
days after receipt thereof, | ||||||
24 | set a date for a hearing to commence within 90
calendar days |
| |||||||
| |||||||
1 | from the date of the written request for all requests related | ||||||
2 | to
a suspension, revocation, or the denial of the issuance of a | ||||||
3 | license, permit,
registration, or certificate of title | ||||||
4 | occurring after July 1, 2002, in the
County of
Sangamon, the | ||||||
5 | County of Jefferson, or the County of Cook, as such
person may | ||||||
6 | specify, unless both
parties agree that such hearing may be | ||||||
7 | held in some other county.
The Secretary may require the | ||||||
8 | payment of a fee of not more than $50 for the
filing of any | ||||||
9 | petition, motion, or request for hearing conducted pursuant to
| ||||||
10 | this Section. These fees must be deposited into the Secretary | ||||||
11 | of State DUI
Administration Fund, a special fund created in the | ||||||
12 | State treasury, and, subject
to appropriation and as directed | ||||||
13 | by the Secretary of State, shall be used for
operation of the | ||||||
14 | Department of Administrative Hearings of the Office of the
| ||||||
15 | Secretary of
State
and for no other purpose. The
Secretary | ||||||
16 | shall establish by rule the amount and the procedures, terms, | ||||||
17 | and
conditions relating to these fees.
| ||||||
18 | (b) At any time after the suspension, revocation or denial | ||||||
19 | of a license,
permit, registration or certificate of title of | ||||||
20 | any person as
hereinbefore referred to, the Secretary of State, | ||||||
21 | in his or her discretion
and
without the necessity of a request | ||||||
22 | by such person, may hold such a hearing,
upon not less than 10 | ||||||
23 | days' notice in writing, in the Counties of Sangamon,
| ||||||
24 | Jefferson,
or Cook or in any other county agreed to by the | ||||||
25 | parties.
| ||||||
26 | (c) Upon any such hearing, the Secretary of State, or his |
| |||||||
| |||||||
1 | authorized
agent may administer oaths and issue subpoenas for | ||||||
2 | the attendance of
witnesses and the production of relevant | ||||||
3 | books and records and may require
an examination of such | ||||||
4 | person. Upon any such hearing, the Secretary of
State shall | ||||||
5 | either rescind or, good cause appearing therefor, continue,
| ||||||
6 | change or extend the Order of Revocation or Suspension, or upon | ||||||
7 | petition
therefore and subject to the provisions of this Code, | ||||||
8 | issue a restricted
driving permit or reinstate the license or | ||||||
9 | permit of such person.
| ||||||
10 | (d) All hearings and hearing procedures shall comply with | ||||||
11 | requirements
of the Constitution, so that no person is deprived | ||||||
12 | of due process of law
nor denied equal protection of the laws. | ||||||
13 | All hearings shall be held before
the Secretary of State or | ||||||
14 | before such persons as may be designated by the
Secretary of | ||||||
15 | State and appropriate records of such hearings shall be kept.
| ||||||
16 | Where a transcript of the hearing is taken, the person | ||||||
17 | requesting the
hearing shall have the opportunity to order a | ||||||
18 | copy thereof at his own
expense.
The Secretary of State shall | ||||||
19 | enter an order upon any hearing conducted
under this Section, | ||||||
20 | related to a suspension, revocation, or the denial of
the | ||||||
21 | issuance of a license, permit, registration, or certificate of | ||||||
22 | title
occurring after July 1, 2002, within 90 days of its | ||||||
23 | conclusion and shall
immediately notify the person in writing | ||||||
24 | of his or her action.
| ||||||
25 | (d-5) Any hearing over which the Secretary of State has | ||||||
26 | jurisdiction because of a person's implied consent to testing |
| |||||||
| |||||||
1 | of the person's blood, breath, other bodily substance, or urine | ||||||
2 | for the presence of alcohol, drugs, or intoxicating compounds | ||||||
3 | may be conducted upon a review of the official police reports. | ||||||
4 | Either party, however, may subpoena the arresting officer and | ||||||
5 | any other law enforcement officer who was involved in the | ||||||
6 | petitioner's arrest or processing after arrest, as well as any | ||||||
7 | other person whose testimony may be probative to the issues at | ||||||
8 | the hearing. The failure of a law enforcement officer to answer | ||||||
9 | the subpoena shall be considered grounds for a continuance if, | ||||||
10 | in the hearing officer's discretion, the continuance is | ||||||
11 | appropriate. The failure of the arresting officer to answer a | ||||||
12 | subpoena shall not, in and of itself, be considered grounds for | ||||||
13 | the rescission of an implied consent suspension. Rather, the | ||||||
14 | hearing shall proceed on the basis of the other evidence | ||||||
15 | available, and the hearing officer shall assign this evidence | ||||||
16 | whatever probative value is deemed appropriate. The decision | ||||||
17 | whether to rescind shall be based upon the totality of the | ||||||
18 | evidence.
| ||||||
19 | (e) The action of the
Secretary of State in suspending, | ||||||
20 | revoking or denying any license, permit,
registration, or | ||||||
21 | certificate of title shall be subject to judicial review
in the
| ||||||
22 | Circuit Court of Sangamon County, in the Circuit Court of | ||||||
23 | Jefferson County,
or in the Circuit Court of Cook County, and | ||||||
24 | the
provisions of the Administrative Review Law, and all | ||||||
25 | amendments and
modifications thereto, and the rules adopted | ||||||
26 | pursuant thereto, are hereby
adopted and shall apply to and |
| |||||||
| |||||||
1 | govern every action for the judicial review of
final acts or | ||||||
2 | decisions of the Secretary of State hereunder.
| ||||||
3 | (Source: P.A. 95-627, eff. 6-1-08; 96-184, eff. 8-10-09.)
| ||||||
4 | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
| ||||||
5 | Sec. 2-118.1. Opportunity for hearing; statutory summary | ||||||
6 | alcohol
or other drug related suspension or revocation pursuant | ||||||
7 | to Section 11-501.1. | ||||||
8 | (a) A statutory summary suspension or revocation of driving | ||||||
9 | privileges under Section
11-501.1 shall not become effective | ||||||
10 | until the person is notified in writing of
the impending | ||||||
11 | suspension or revocation and informed that he may request a | ||||||
12 | hearing in the
circuit court of venue under paragraph (b) of | ||||||
13 | this Section and the statutory
summary suspension or revocation | ||||||
14 | shall become effective as provided in Section 11-501.1. | ||||||
15 | (b) Within 90 days after the notice of statutory summary
| ||||||
16 | suspension or revocation served under Section
11-501.1, the | ||||||
17 | person may make a written request for a judicial hearing in
the | ||||||
18 | circuit court of venue. The request to the circuit court shall | ||||||
19 | state
the grounds upon which the person seeks to have the | ||||||
20 | statutory summary
suspension or revocation rescinded. Within | ||||||
21 | 30 days after receipt of the written request
or the first | ||||||
22 | appearance date on the Uniform Traffic Ticket issued pursuant
| ||||||
23 | to a violation of Section 11-501, or a similar provision of a | ||||||
24 | local
ordinance, the hearing shall be conducted by the circuit | ||||||
25 | court having
jurisdiction. This judicial hearing, request, or |
| |||||||
| |||||||
1 | process shall not stay or
delay the statutory summary | ||||||
2 | suspension or revocation. The hearings shall proceed in the
| ||||||
3 | court in the same manner as in other civil proceedings. | ||||||
4 | The hearing may be conducted upon a review of the law | ||||||
5 | enforcement
officer's own official reports; provided however, | ||||||
6 | that the person may
subpoena the officer. Failure of the | ||||||
7 | officer to answer the subpoena shall
be considered grounds for | ||||||
8 | a continuance if in the court's discretion the
continuance is | ||||||
9 | appropriate. | ||||||
10 | The scope of the hearing shall be limited to the issues of: | ||||||
11 | 1. Whether the person was placed under arrest for an | ||||||
12 | offense as defined
in Section 11-501, or a similar | ||||||
13 | provision of a local ordinance, as evidenced
by the | ||||||
14 | issuance of a Uniform Traffic Ticket, or issued a Uniform | ||||||
15 | Traffic
Ticket out of state as provided in subsection (a) | ||||||
16 | of Section 11-501.1; and | ||||||
17 | 2. Whether the officer had reasonable grounds to | ||||||
18 | believe that
the person was driving or in actual physical | ||||||
19 | control of a motor vehicle
upon a highway while under the | ||||||
20 | influence of alcohol, other drug, or
combination of both; | ||||||
21 | and | ||||||
22 | 3. Whether the person, after being advised by the | ||||||
23 | officer
that the privilege to operate a motor vehicle would | ||||||
24 | be suspended or revoked if the
person refused to submit to | ||||||
25 | and complete the test or tests, did refuse to
submit to or | ||||||
26 | complete the test or tests to determine the person's blood |
| |||||||
| |||||||
1 | alcohol or drug concentration; or | ||||||
2 | 4. Whether the person, after being advised by the | ||||||
3 | officer that
the privilege to operate a motor vehicle would | ||||||
4 | be suspended if the person
submits to a chemical test, or | ||||||
5 | tests, and the test discloses an alcohol
concentration of | ||||||
6 | 0.08 or more, a tetrahydrocannabinol concentration as | ||||||
7 | defined in paragraph 6 of subsection (a) of Section | ||||||
8 | 11-501.2 of this Code, or any amount of a drug, substance,
| ||||||
9 | or compound in the person's blood , other bodily substance, | ||||||
10 | or urine resulting from the unlawful use or
consumption of | ||||||
11 | cannabis listed in the Cannabis Control Act, a controlled
| ||||||
12 | substance listed in the Illinois Controlled Substances | ||||||
13 | Act, an intoxicating
compound as listed in the Use of | ||||||
14 | Intoxicating Compounds Act, or methamphetamine as listed | ||||||
15 | in the Methamphetamine Control and Community Protection | ||||||
16 | Act, and the person
did submit to and complete the test or | ||||||
17 | tests that determined an alcohol
concentration of 0.08 or | ||||||
18 | more. | ||||||
19 | 4.2. (Blank). | ||||||
20 | 4.5. (Blank). | ||||||
21 | 5. If the person's driving privileges were revoked, | ||||||
22 | whether the person was involved in a motor vehicle accident | ||||||
23 | that caused Type A injury or death to another. | ||||||
24 | Upon the conclusion of the judicial hearing, the circuit | ||||||
25 | court shall
sustain or rescind the statutory summary suspension | ||||||
26 | or revocation and immediately notify
the Secretary of State. |
| |||||||
| |||||||
1 | Reports received by the Secretary of State under
this Section | ||||||
2 | shall be privileged information and for use only by the
courts, | ||||||
3 | police officers, and Secretary of State. | ||||||
4 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
| ||||||
5 | (625 ILCS 5/6-106.1a)
| ||||||
6 | Sec. 6-106.1a. Cancellation of school bus driver permit; | ||||||
7 | trace of alcohol.
| ||||||
8 | (a) A person who has been issued a school bus driver permit | ||||||
9 | by the Secretary
of State in accordance with Section 6-106.1 of | ||||||
10 | this Code and who drives or is
in actual physical control of a | ||||||
11 | school bus
or any other vehicle owned or operated by or for a | ||||||
12 | public or private
school, or a school operated by a religious | ||||||
13 | institution, when the vehicle is
being used over a regularly | ||||||
14 | scheduled route for the transportation of persons
enrolled as | ||||||
15 | students in grade 12 or below, in connection with any activity | ||||||
16 | of
the entities listed, upon the public highways of this State | ||||||
17 | shall be
deemed to have given consent to a chemical test or | ||||||
18 | tests of blood, breath, other bodily substance, or
urine for | ||||||
19 | the purpose of determining the alcohol content of the person's | ||||||
20 | blood
if arrested, as evidenced
by the issuance of a Uniform | ||||||
21 | Traffic Ticket for any violation of this
Code or a similar | ||||||
22 | provision of a local ordinance, if a police officer
has | ||||||
23 | probable cause to believe that the driver has consumed any | ||||||
24 | amount of an
alcoholic beverage based upon evidence of the | ||||||
25 | driver's physical condition
or other first hand knowledge of |
| |||||||
| |||||||
1 | the police officer. The test or tests shall
be administered at | ||||||
2 | the direction of the arresting officer. The law enforcement
| ||||||
3 | agency employing the officer shall designate which of the | ||||||
4 | aforesaid tests shall
be administered. A urine or other bodily | ||||||
5 | substance test may be administered even after a blood or breath
| ||||||
6 | test or both has been administered.
| ||||||
7 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
8 | in a condition
rendering that person incapable of refusal, | ||||||
9 | shall be deemed not to have
withdrawn the consent provided by | ||||||
10 | paragraph (a) of this Section and the test or
tests may be | ||||||
11 | administered subject to the following provisions:
| ||||||
12 | (1) Chemical analysis of the person's blood, urine, | ||||||
13 | breath, or
other bodily substance,
to be considered valid | ||||||
14 | under the provisions of this Section, shall have been
| ||||||
15 | performed according to standards promulgated by the | ||||||
16 | Department of State Police by an
individual
possessing a | ||||||
17 | valid permit issued by the Department of State Police for | ||||||
18 | this
purpose. The
Director of State Police is authorized to | ||||||
19 | approve satisfactory techniques
or
methods, to ascertain | ||||||
20 | the qualifications and competence of individuals to
| ||||||
21 | conduct analyses, to issue
permits that shall be subject to | ||||||
22 | termination or revocation at the direction of
the | ||||||
23 | Department of State Police, and to certify the
accuracy of | ||||||
24 | breath testing
equipment. The
Department of State Police | ||||||
25 | shall prescribe rules as
necessary.
| ||||||
26 | (2) When a person submits to a blood test at the |
| |||||||
| |||||||
1 | request of a law
enforcement officer under the provisions | ||||||
2 | of this Section, only a physician
authorized to practice | ||||||
3 | medicine, a licensed physician assistant, a licensed | ||||||
4 | advanced practice nurse, a registered nurse, or other | ||||||
5 | qualified person
trained in venipuncture and acting under | ||||||
6 | the direction of a licensed physician
may withdraw blood | ||||||
7 | for the purpose of determining the alcohol content.
This | ||||||
8 | limitation does not apply to the taking of breath , other | ||||||
9 | bodily substance, or urine specimens.
| ||||||
10 | (3) The person tested may have a physician, qualified | ||||||
11 | technician, chemist,
registered nurse, or other qualified | ||||||
12 | person of his or her own choosing
administer a chemical | ||||||
13 | test or tests in addition to any test or tests
administered | ||||||
14 | at the direction of a law enforcement officer. The test
| ||||||
15 | administered at the request of the person may be admissible | ||||||
16 | into evidence at a
hearing conducted in accordance with | ||||||
17 | Section 2-118 of this Code. The failure
or inability to | ||||||
18 | obtain an additional test by a person shall not preclude | ||||||
19 | the
consideration of the previously performed chemical | ||||||
20 | test.
| ||||||
21 | (4) Upon a request of the person who submits to a | ||||||
22 | chemical test or tests
at the request of a law enforcement | ||||||
23 | officer, full information concerning the
test or tests | ||||||
24 | shall be made available to the person or that person's
| ||||||
25 | attorney by the requesting law enforcement agency within 72 | ||||||
26 | hours of receipt of
the test result.
|
| |||||||
| |||||||
1 | (5) Alcohol concentration means either grams of | ||||||
2 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
3 | per 210 liters of breath.
| ||||||
4 | (6) If a driver is receiving medical treatment as a | ||||||
5 | result of a motor
vehicle accident, a physician licensed to | ||||||
6 | practice medicine, licensed physician assistant, licensed | ||||||
7 | advanced practice nurse, registered nurse,
or other | ||||||
8 | qualified person trained in venipuncture and acting under | ||||||
9 | the
direction of a
licensed physician shall withdraw blood | ||||||
10 | for testing purposes to ascertain the
presence of alcohol | ||||||
11 | upon the specific request of a law enforcement officer.
| ||||||
12 | However, that testing shall not be performed until, in the | ||||||
13 | opinion of the
medical personnel on scene, the withdrawal | ||||||
14 | can be made without interfering with
or endangering the | ||||||
15 | well-being of the patient.
| ||||||
16 | (c) A person requested to submit to a test as provided in | ||||||
17 | this Section shall
be warned
by the law enforcement officer | ||||||
18 | requesting the test that a refusal to submit to
the test, or
| ||||||
19 | submission to the test resulting in an alcohol concentration of | ||||||
20 | more than 0.00,
may result
in the loss of that person's | ||||||
21 | privilege to possess a school bus driver
permit. The loss of | ||||||
22 | the individual's privilege to possess a school bus driver
| ||||||
23 | permit shall be imposed in accordance with Section 6-106.1b of | ||||||
24 | this Code. A person requested to submit to a test under this | ||||||
25 | Section shall also acknowledge, in writing, receipt of the | ||||||
26 | warning required under this subsection (c). If the person |
| |||||||
| |||||||
1 | refuses to acknowledge receipt of the warning, the law | ||||||
2 | enforcement officer shall make a written notation on the | ||||||
3 | warning that the person refused to sign the warning. A person's | ||||||
4 | refusal to sign the warning shall not be evidence that the | ||||||
5 | person was not read the warning.
| ||||||
6 | (d) If the person refuses testing or submits to a test that | ||||||
7 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
8 | enforcement officer shall
immediately submit a sworn report to | ||||||
9 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
10 | State certifying that the test or tests were
requested under | ||||||
11 | subsection (a) and the person refused to submit to a test or
| ||||||
12 | tests or submitted to testing which disclosed an alcohol | ||||||
13 | concentration of more
than 0.00. The law enforcement officer | ||||||
14 | shall submit the same sworn report when
a person who has been | ||||||
15 | issued a school bus driver permit and who was operating a
| ||||||
16 | school bus or any other vehicle owned
or operated by or for a | ||||||
17 | public or private school, or a school operated by a
religious | ||||||
18 | institution, when the vehicle is being used over a regularly
| ||||||
19 | scheduled route for the transportation of persons enrolled as | ||||||
20 | students in grade
12 or below, in connection with
any activity | ||||||
21 | of the entities listed, submits to testing under Section | ||||||
22 | 11-501.1
of this Code and the testing discloses an alcohol | ||||||
23 | concentration of more than
0.00 and less than the alcohol | ||||||
24 | concentration at which driving or being in
actual physical | ||||||
25 | control of a motor vehicle is prohibited under paragraph (1) of
| ||||||
26 | subsection (a) of Section 11-501.
|
| |||||||
| |||||||
1 | Upon receipt of the sworn report of a law enforcement | ||||||
2 | officer, the Secretary
of State shall enter the school bus | ||||||
3 | driver permit sanction on the
individual's driving record and | ||||||
4 | the sanction shall be effective on the
46th day following the | ||||||
5 | date notice of the sanction was given to the person.
| ||||||
6 | The law enforcement officer submitting the sworn report | ||||||
7 | shall serve immediate
notice of this school bus driver permit | ||||||
8 | sanction on the person and the sanction
shall be effective on | ||||||
9 | the 46th day following the date notice was given.
| ||||||
10 | In cases where the blood alcohol concentration of more than | ||||||
11 | 0.00 is
established by a subsequent analysis of blood , other | ||||||
12 | bodily substance, or urine, the police officer or
arresting | ||||||
13 | agency shall give notice as provided in this Section or by | ||||||
14 | deposit in
the United States mail of that notice in an envelope | ||||||
15 | with postage prepaid and
addressed to that person at his or her | ||||||
16 | last known address and the loss of the
school
bus driver permit | ||||||
17 | shall be effective on the 46th day following the date notice
| ||||||
18 | was given.
| ||||||
19 | Upon receipt of the sworn report of a law enforcement | ||||||
20 | officer, the Secretary
of State shall also give notice of the | ||||||
21 | school bus driver permit sanction to the
driver and the | ||||||
22 | driver's current employer by mailing a notice of the effective
| ||||||
23 | date of the sanction to the individual. However, shall the | ||||||
24 | sworn report be
defective by not containing sufficient | ||||||
25 | information or be completed in error,
the notice of the school | ||||||
26 | bus driver permit sanction may not be mailed to the
person or |
| |||||||
| |||||||
1 | his current employer or entered to the driving record,
but | ||||||
2 | rather the sworn report shall be returned to the issuing law | ||||||
3 | enforcement
agency.
| ||||||
4 | (e) A driver may contest this school bus driver permit | ||||||
5 | sanction by
requesting an administrative hearing with the | ||||||
6 | Secretary of State in accordance
with Section 2-118 of this | ||||||
7 | Code. An individual whose blood alcohol
concentration is shown | ||||||
8 | to be more than 0.00 is not subject to this Section if
he or she | ||||||
9 | consumed alcohol in the performance of a religious service or
| ||||||
10 | ceremony. An individual whose blood alcohol concentration is | ||||||
11 | shown to be more
than 0.00 shall not be subject to this Section | ||||||
12 | if the individual's blood
alcohol concentration resulted only | ||||||
13 | from ingestion of the prescribed or
recommended dosage of | ||||||
14 | medicine that contained alcohol. The petition for that
hearing | ||||||
15 | shall not stay or delay the effective date of the impending | ||||||
16 | suspension.
The scope of this hearing shall be limited to the | ||||||
17 | issues of:
| ||||||
18 | (1) whether the police officer had probable cause to | ||||||
19 | believe that the
person was driving or in actual physical | ||||||
20 | control of a school bus
or any other vehicle owned or | ||||||
21 | operated by or for a
public or private school, or a
school | ||||||
22 | operated by a religious institution, when the vehicle is | ||||||
23 | being used
over a regularly scheduled route for the | ||||||
24 | transportation of persons enrolled as
students in grade 12 | ||||||
25 | or below, in connection with any activity of the entities
| ||||||
26 | listed, upon the public highways of the State and the |
| |||||||
| |||||||
1 | police officer had reason
to believe that the person was in | ||||||
2 | violation of any provision of this
Code or a similar | ||||||
3 | provision of a local ordinance; and
| ||||||
4 | (2) whether the person was issued a Uniform Traffic | ||||||
5 | Ticket for any
violation of this Code or a similar | ||||||
6 | provision of a local
ordinance; and
| ||||||
7 | (3) whether the police officer had probable cause to | ||||||
8 | believe that the
driver had
consumed any amount of an | ||||||
9 | alcoholic beverage based upon the driver's
physical | ||||||
10 | actions or other first-hand knowledge of the police | ||||||
11 | officer; and
| ||||||
12 | (4) whether the person, after being advised by the | ||||||
13 | officer that the
privilege to possess a school bus driver | ||||||
14 | permit would be canceled if the person
refused to submit to | ||||||
15 | and complete the test or tests, did refuse to submit to or
| ||||||
16 | complete the test or tests to determine the person's | ||||||
17 | alcohol concentration; and
| ||||||
18 | (5) whether the person, after being advised by the | ||||||
19 | officer that the
privileges to possess a school bus driver | ||||||
20 | permit would be canceled if the
person submits to a | ||||||
21 | chemical test or tests and the test or tests disclose an
| ||||||
22 | alcohol concentration of more than 0.00 and
the person did | ||||||
23 | submit to and complete the test or tests that determined an
| ||||||
24 | alcohol concentration of more than 0.00; and
| ||||||
25 | (6) whether the test result of an alcohol concentration | ||||||
26 | of more than 0.00
was based upon the person's consumption |
| |||||||
| |||||||
1 | of alcohol in the performance of a
religious service or | ||||||
2 | ceremony; and
| ||||||
3 | (7) whether the test result of an alcohol concentration | ||||||
4 | of more than 0.00
was based upon the person's consumption | ||||||
5 | of alcohol through ingestion of the
prescribed or | ||||||
6 | recommended dosage of medicine.
| ||||||
7 | The Secretary of State may adopt administrative rules | ||||||
8 | setting forth
circumstances under which the holder of a school | ||||||
9 | bus driver permit is not
required to
appear in
person at the | ||||||
10 | hearing.
| ||||||
11 | Provided that the petitioner may subpoena the officer, the | ||||||
12 | hearing may be
conducted upon a review of the law enforcement | ||||||
13 | officer's own official
reports. Failure of the officer to | ||||||
14 | answer the subpoena shall be grounds for a
continuance if, in | ||||||
15 | the hearing officer's discretion, the continuance is
| ||||||
16 | appropriate. At the conclusion of the hearing held under | ||||||
17 | Section 2-118 of this
Code, the Secretary of State may rescind, | ||||||
18 | continue, or modify
the school bus driver permit sanction.
| ||||||
19 | (f) The results of any chemical testing performed in | ||||||
20 | accordance with
subsection (a) of this Section are not | ||||||
21 | admissible in any civil or criminal
proceeding, except that the | ||||||
22 | results
of the testing may be considered at a hearing held | ||||||
23 | under Section 2-118 of this
Code. However, the results of the | ||||||
24 | testing may not be used to impose
driver's license sanctions | ||||||
25 | under Section 11-501.1 of this Code. A law
enforcement officer | ||||||
26 | may, however, pursue a statutory summary suspension or |
| |||||||
| |||||||
1 | revocation of
driving privileges under Section 11-501.1 of this | ||||||
2 | Code if other physical
evidence or first hand knowledge forms | ||||||
3 | the basis of that suspension or revocation.
| ||||||
4 | (g) This Section applies only to drivers who have been | ||||||
5 | issued a school bus
driver permit in accordance with Section | ||||||
6 | 6-106.1 of this Code at the time of
the issuance of the Uniform | ||||||
7 | Traffic Ticket for a violation of this
Code or a similar | ||||||
8 | provision of a local ordinance, and a chemical test
request is | ||||||
9 | made under this Section.
| ||||||
10 | (h) The action of the Secretary of State in suspending, | ||||||
11 | revoking, canceling,
or denying any license, permit, | ||||||
12 | registration, or certificate of title shall be
subject to | ||||||
13 | judicial review in the Circuit Court of Sangamon County or in | ||||||
14 | the
Circuit Court of Cook County, and the provisions of the | ||||||
15 | Administrative Review
Law and its rules are hereby adopted and | ||||||
16 | shall apply to and govern every
action for the judicial review | ||||||
17 | of final acts or decisions of the Secretary of
State under this | ||||||
18 | Section.
| ||||||
19 | (Source: P.A. 99-467, eff. 1-1-16 .)
| ||||||
20 | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | ||||||
21 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
22 | drug,
or intoxicating compound related suspension or | ||||||
23 | revocation. | ||||||
24 | (a) Unless the statutory summary suspension has been | ||||||
25 | rescinded, any
person whose privilege to drive a motor vehicle |
| |||||||
| |||||||
1 | on the public highways has
been summarily suspended, pursuant | ||||||
2 | to Section 11-501.1, shall not be
eligible for restoration of | ||||||
3 | the privilege until the expiration of: | ||||||
4 | 1. twelve months from the effective date of the | ||||||
5 | statutory summary suspension
for a refusal or failure to | ||||||
6 | complete a test or tests to determine the alcohol, other | ||||||
7 | drug, or intoxicating compound concentration under
Section | ||||||
8 | 11-501.1, if the person was not involved in a motor vehicle | ||||||
9 | accident that caused personal injury or death to another; | ||||||
10 | or | ||||||
11 | 2. six months from the effective date of the statutory | ||||||
12 | summary
suspension imposed following the person's | ||||||
13 | submission to a chemical test
which disclosed an alcohol | ||||||
14 | concentration of 0.08 or more, the presence of cannabis as | ||||||
15 | listed in the Cannabis Control Act with a | ||||||
16 | tetrahydrocannabinol concentration as defined in paragraph | ||||||
17 | 6 of subsection (a) of Section 11-501.2 of this Code, or | ||||||
18 | any
amount
of a
drug, substance, or intoxicating compound | ||||||
19 | in such person's
breath, blood, other bodily substance, or
| ||||||
20 | urine resulting
from the unlawful use or consumption of | ||||||
21 | cannabis listed in the Cannabis
Control Act, a controlled | ||||||
22 | substance listed in the Illinois
Controlled
Substances | ||||||
23 | Act, an intoxicating compound listed in the Use of | ||||||
24 | Intoxicating
Compounds Act, or methamphetamine as listed | ||||||
25 | in the Methamphetamine Control and Community Protection | ||||||
26 | Act, pursuant to Section 11-501.1; or |
| |||||||
| |||||||
1 | 3. three years from the effective date of the statutory | ||||||
2 | summary suspension
for any person other than a first | ||||||
3 | offender who refuses or fails to
complete a test or tests | ||||||
4 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
5 | concentration
pursuant to Section 11-501.1; or | ||||||
6 | 4. one year from the effective date of the summary | ||||||
7 | suspension imposed
for any person other than a first | ||||||
8 | offender following submission to a
chemical test which | ||||||
9 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
10 | to Section 11-501.1 , the presence of cannabis as listed in | ||||||
11 | the Cannabis Control Act with a tetrahydrocannabinol | ||||||
12 | concentration as defined in paragraph 6 of subsection (a) | ||||||
13 | of Section 11-501.2 of this Code, or any amount of a drug, | ||||||
14 | substance or
compound in such person's blood , other bodily | ||||||
15 | substance, or urine resulting from the unlawful use or
| ||||||
16 | consumption of cannabis listed in the Cannabis Control Act, | ||||||
17 | a
controlled
substance listed in the Illinois Controlled | ||||||
18 | Substances Act, an
intoxicating
compound listed in the Use | ||||||
19 | of Intoxicating Compounds Act, or methamphetamine as | ||||||
20 | listed in the Methamphetamine Control and Community | ||||||
21 | Protection Act; or | ||||||
22 | 5. (Blank). | ||||||
23 | (b) Following a statutory summary suspension of the | ||||||
24 | privilege to drive a
motor vehicle under Section 11-501.1, | ||||||
25 | driving privileges shall be
restored unless the person is | ||||||
26 | otherwise suspended, revoked, or cancelled by this Code. If
the |
| |||||||
| |||||||
1 | court has reason to believe that the person's
driving privilege | ||||||
2 | should not be restored, the court shall notify
the Secretary of | ||||||
3 | State prior to the expiration of the statutory summary
| ||||||
4 | suspension so appropriate action may be taken pursuant to this | ||||||
5 | Code. | ||||||
6 | (c) Driving privileges may not be restored until all | ||||||
7 | applicable
reinstatement fees, as provided by this Code, have | ||||||
8 | been paid to the Secretary
of State and the appropriate entry | ||||||
9 | made to the driver's record. | ||||||
10 | (d) Where a driving privilege has been summarily suspended | ||||||
11 | or revoked under Section
11-501.1 and the person is | ||||||
12 | subsequently convicted of violating Section
11-501, or a | ||||||
13 | similar provision of a local ordinance, for the same incident,
| ||||||
14 | any period served on statutory summary suspension or revocation | ||||||
15 | shall be credited toward
the minimum period of revocation of | ||||||
16 | driving privileges imposed pursuant to
Section 6-205. | ||||||
17 | (e) A first offender who refused chemical testing and whose | ||||||
18 | driving privileges were summarily revoked pursuant to Section | ||||||
19 | 11-501.1 shall not be eligible for a monitoring device driving | ||||||
20 | permit, but may make application for reinstatement or for a | ||||||
21 | restricted driving permit after a period of one year has | ||||||
22 | elapsed from the effective date of the revocation. | ||||||
23 | (f) (Blank). | ||||||
24 | (g) (Blank). | ||||||
25 | (h) (Blank). | ||||||
26 | (Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14; |
| |||||||
| |||||||
1 | 98-1172, eff. 1-12-15; 99-467, eff. 1-1-16 .)
| ||||||
2 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||||||
3 | Sec. 6-514. Commercial driver's license (CDL); commercial | ||||||
4 | learner's permit (CLP); disqualifications.
| ||||||
5 | (a) A person shall be disqualified from driving a | ||||||
6 | commercial motor
vehicle for a period of not less than 12 | ||||||
7 | months for the first violation of:
| ||||||
8 | (1) Refusing to submit to or failure to complete a test | ||||||
9 | or tests to determine the driver's blood concentration of | ||||||
10 | alcohol, other drug, or both
while driving a commercial | ||||||
11 | motor vehicle or, if the driver is a CLP or CDL holder, | ||||||
12 | while driving a non-CMV; or
| ||||||
13 | (2) Operating a commercial motor vehicle while the | ||||||
14 | alcohol
concentration of the person's blood, breath , other | ||||||
15 | bodily substance, or urine is at least 0.04, or any
amount | ||||||
16 | of a drug, substance, or compound in the person's blood , | ||||||
17 | other bodily substance, or urine
resulting from the | ||||||
18 | unlawful use or consumption of cannabis listed in the
| ||||||
19 | Cannabis Control Act, a controlled substance listed in the | ||||||
20 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
21 | listed in the Methamphetamine Control and Community | ||||||
22 | Protection Act as indicated by a police officer's sworn | ||||||
23 | report or
other verified evidence; or operating a | ||||||
24 | non-commercial motor vehicle while the alcohol | ||||||
25 | concentration of the person's blood, breath, other bodily |
| |||||||
| |||||||
1 | substance, or urine was above the legal limit defined in | ||||||
2 | Section 11-501.1 or 11-501.8 or any amount of a drug, | ||||||
3 | substance, or compound in the person's blood , other bodily | ||||||
4 | substance, or urine resulting from the unlawful use or | ||||||
5 | consumption of cannabis listed in the Cannabis Control Act, | ||||||
6 | a controlled substance listed in the Illinois Controlled | ||||||
7 | Substances Act, or methamphetamine as listed in the | ||||||
8 | Methamphetamine Control and Community Protection Act
as | ||||||
9 | indicated by a police officer's sworn report or other | ||||||
10 | verified evidence while holding a CLP or CDL; or
| ||||||
11 | (3) Conviction for a first violation of:
| ||||||
12 | (i) Driving a commercial motor vehicle or, if the | ||||||
13 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
14 | under the influence of
alcohol, or any other drug, or | ||||||
15 | combination of drugs to a degree which
renders such | ||||||
16 | person incapable of safely driving; or
| ||||||
17 | (ii) Knowingly leaving the scene of an accident | ||||||
18 | while
operating a commercial motor vehicle or, if the | ||||||
19 | driver is a CLP or CDL holder, while driving a non-CMV; | ||||||
20 | or
| ||||||
21 | (iii) Driving a commercial motor vehicle or, if the | ||||||
22 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
23 | committing any felony; or | ||||||
24 | (iv) Driving a commercial motor vehicle while the | ||||||
25 | person's driving privileges or driver's license or | ||||||
26 | permit is revoked, suspended, or cancelled or the |
| |||||||
| |||||||
1 | driver is disqualified from operating a commercial | ||||||
2 | motor vehicle; or | ||||||
3 | (v) Causing a fatality through the negligent | ||||||
4 | operation of a commercial motor vehicle, including but | ||||||
5 | not limited to the crimes of motor vehicle | ||||||
6 | manslaughter, homicide by a motor vehicle, and | ||||||
7 | negligent homicide. | ||||||
8 | As used in this subdivision (a)(3)(v), "motor | ||||||
9 | vehicle manslaughter" means the offense of involuntary | ||||||
10 | manslaughter if committed by means of a vehicle; | ||||||
11 | "homicide by a motor vehicle" means the offense of | ||||||
12 | first degree murder or second degree murder, if either | ||||||
13 | offense is committed by means of a vehicle; and | ||||||
14 | "negligent homicide" means reckless homicide under | ||||||
15 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012 and aggravated driving under the | ||||||
17 | influence of alcohol, other drug or drugs, | ||||||
18 | intoxicating compound or compounds, or any combination | ||||||
19 | thereof under subdivision (d)(1)(F) of Section 11-501 | ||||||
20 | of this Code.
| ||||||
21 | If any of the above violations or refusals occurred | ||||||
22 | while
transporting hazardous material(s) required to be | ||||||
23 | placarded, the person
shall be disqualified for a period of | ||||||
24 | not less than 3 years; or
| ||||||
25 | (4) (Blank). | ||||||
26 | (b) A person is disqualified for life for a second |
| |||||||
| |||||||
1 | conviction of any of
the offenses specified in paragraph (a), | ||||||
2 | or any combination of those
offenses, arising from 2 or more | ||||||
3 | separate incidents.
| ||||||
4 | (c) A person is disqualified from driving a commercial | ||||||
5 | motor vehicle for
life if the person either (i) uses a | ||||||
6 | commercial motor vehicle in the commission of any felony
| ||||||
7 | involving the manufacture, distribution, or dispensing of a | ||||||
8 | controlled
substance, or possession with intent to | ||||||
9 | manufacture, distribute or dispense
a controlled substance or | ||||||
10 | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the | ||||||
11 | commission of a felony involving any of those activities.
| ||||||
12 | (d) The Secretary of State may, when the United States | ||||||
13 | Secretary of
Transportation so authorizes, issue regulations | ||||||
14 | in which a disqualification
for life under paragraph (b) may be | ||||||
15 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
16 | driver is subsequently convicted of another disqualifying
| ||||||
17 | offense, as specified in subsection (a) of this Section, he or | ||||||
18 | she shall be
permanently disqualified for life and shall be | ||||||
19 | ineligible to again apply for a
reduction of the lifetime | ||||||
20 | disqualification.
| ||||||
21 | (e) A person is disqualified from driving a commercial | ||||||
22 | motor vehicle for
a period of not less than 2 months if | ||||||
23 | convicted of 2 serious traffic
violations, committed in a | ||||||
24 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
25 | or any combination thereof, arising from separate
incidents, | ||||||
26 | occurring within a 3 year period, provided the serious traffic |
| |||||||
| |||||||
1 | violation committed in a non-CMV would result in the suspension | ||||||
2 | or revocation of the CLP or CDL holder's non-CMV privileges. | ||||||
3 | However, a person will be
disqualified from driving a | ||||||
4 | commercial motor vehicle for a period of not less
than 4 months | ||||||
5 | if convicted of 3 serious traffic violations, committed in a
| ||||||
6 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
7 | or any combination thereof, arising from separate incidents, | ||||||
8 | occurring within a 3
year period, provided the serious traffic | ||||||
9 | violation committed in a non-CMV would result in the suspension | ||||||
10 | or revocation of the CLP or CDL holder's non-CMV privileges. If | ||||||
11 | all the convictions occurred in a non-CMV, the disqualification | ||||||
12 | shall be entered only if the convictions would result in the | ||||||
13 | suspension or revocation of the CLP or CDL holder's non-CMV | ||||||
14 | privileges.
| ||||||
15 | (e-1) (Blank).
| ||||||
16 | (f) Notwithstanding any other provision of this Code, any | ||||||
17 | driver
disqualified from operating a commercial motor vehicle, | ||||||
18 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
19 | of commercial driving
privileges during any such period of | ||||||
20 | disqualification.
| ||||||
21 | (g) After suspending, revoking, or cancelling a CLP or CDL, | ||||||
22 | the Secretary of State must update the driver's records to | ||||||
23 | reflect
such action within 10 days. After suspending or | ||||||
24 | revoking the driving privilege
of any person who has been | ||||||
25 | issued a CLP or CDL from another jurisdiction, the Secretary | ||||||
26 | shall originate notification to
such issuing jurisdiction |
| |||||||
| |||||||
1 | within 10 days.
| ||||||
2 | (h) The "disqualifications" referred to in this Section | ||||||
3 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
4 | by the Secretary of
State, unless the prohibited action(s) | ||||||
5 | occurred after March 31, 1992.
| ||||||
6 | (i) A person is disqualified from driving a commercial | ||||||
7 | motor vehicle in
accordance with the following:
| ||||||
8 | (1) For 6 months upon a first conviction of paragraph | ||||||
9 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
10 | of this Code.
| ||||||
11 | (2) For 2 years upon a second conviction of paragraph | ||||||
12 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
13 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
14 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
15 | within a 10-year period if the second conviction is a | ||||||
16 | violation of paragraph (2) of subsection (b) or subsection | ||||||
17 | (b-3).
| ||||||
18 | (3) For 3 years upon a third or subsequent conviction | ||||||
19 | of paragraph (2) of
subsection (b) or subsection (b-3) or | ||||||
20 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
21 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
22 | within a 10-year period if the third or subsequent | ||||||
23 | conviction is a violation of paragraph (2) of subsection | ||||||
24 | (b) or subsection (b-3).
| ||||||
25 | (4) For one year upon a first conviction of paragraph | ||||||
26 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 |
| |||||||
| |||||||
1 | of this Code.
| ||||||
2 | (5) For 3 years upon a second conviction of paragraph | ||||||
3 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
4 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
5 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
6 | within a 10-year period if the second conviction is a | ||||||
7 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
8 | (6) For 5 years upon a third or subsequent conviction | ||||||
9 | of paragraph (3) of
subsection (b) or subsection (b-5) or | ||||||
10 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
11 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
12 | within a 10-year period if the third or subsequent | ||||||
13 | conviction is a violation of paragraph (3) of subsection | ||||||
14 | (b) or (b-5).
| ||||||
15 | (j) Disqualification for railroad-highway grade crossing
| ||||||
16 | violation.
| ||||||
17 | (1) General rule. A driver who is convicted of a | ||||||
18 | violation of a federal,
State, or
local law or regulation | ||||||
19 | pertaining to
one of the following 6 offenses at a | ||||||
20 | railroad-highway grade crossing must be
disqualified
from | ||||||
21 | operating a commercial motor vehicle for the period of time | ||||||
22 | specified in
paragraph (2) of this subsection (j) if the | ||||||
23 | offense was committed while
operating a commercial motor | ||||||
24 | vehicle:
| ||||||
25 | (i) For drivers who are not required to always | ||||||
26 | stop, failing to
slow down and check that the tracks |
| |||||||
| |||||||
1 | are clear of an approaching train or railroad track | ||||||
2 | equipment, as
described in subsection (a-5) of Section | ||||||
3 | 11-1201 of this Code;
| ||||||
4 | (ii) For drivers who are not required to always | ||||||
5 | stop, failing to
stop before reaching the crossing, if | ||||||
6 | the tracks are not clear, as described in
subsection | ||||||
7 | (a) of Section 11-1201 of this Code;
| ||||||
8 | (iii) For drivers who are always required to stop, | ||||||
9 | failing to stop
before driving onto the crossing, as | ||||||
10 | described in Section 11-1202 of this Code;
| ||||||
11 | (iv) For all drivers, failing to have sufficient | ||||||
12 | space to drive
completely through the crossing without | ||||||
13 | stopping, as described in subsection
(b) of Section | ||||||
14 | 11-1425 of this Code;
| ||||||
15 | (v) For all drivers, failing to obey a traffic | ||||||
16 | control device or
the directions of an enforcement | ||||||
17 | official at the crossing, as described in
subdivision | ||||||
18 | (a)2 of Section 11-1201 of this Code;
| ||||||
19 | (vi) For all drivers, failing to negotiate a | ||||||
20 | crossing because of
insufficient undercarriage | ||||||
21 | clearance, as described in subsection (d-1) of
Section | ||||||
22 | 11-1201 of this Code.
| ||||||
23 | (2) Duration of disqualification for railroad-highway | ||||||
24 | grade
crossing violation.
| ||||||
25 | (i) First violation. A driver must be disqualified | ||||||
26 | from operating a
commercial motor vehicle
for not less |
| |||||||
| |||||||
1 | than 60 days if the driver is convicted of a violation | ||||||
2 | described
in paragraph
(1) of this subsection (j) and, | ||||||
3 | in the three-year period preceding the
conviction, the | ||||||
4 | driver
had no convictions for a violation described in | ||||||
5 | paragraph (1) of this
subsection (j).
| ||||||
6 | (ii) Second violation. A driver must be | ||||||
7 | disqualified from operating a
commercial
motor vehicle
| ||||||
8 | for not less
than 120 days if the driver is convicted
| ||||||
9 | of a violation described in paragraph (1) of this | ||||||
10 | subsection (j) and, in the
three-year
period preceding | ||||||
11 | the conviction, the driver had one other conviction for | ||||||
12 | a
violation
described in paragraph (1) of this | ||||||
13 | subsection (j) that was committed in a
separate
| ||||||
14 | incident.
| ||||||
15 | (iii) Third or subsequent violation. A driver must | ||||||
16 | be disqualified from
operating a
commercial motor | ||||||
17 | vehicle
for not less than one year if the driver is | ||||||
18 | convicted
of a violation described in paragraph (1) of | ||||||
19 | this subsection (j) and, in the
three-year
period | ||||||
20 | preceding the conviction, the driver had 2 or more | ||||||
21 | other convictions for
violations
described in | ||||||
22 | paragraph (1) of this subsection (j) that were | ||||||
23 | committed in
separate incidents.
| ||||||
24 | (k) Upon notification of a disqualification of a driver's | ||||||
25 | commercial motor vehicle privileges imposed by the U.S. | ||||||
26 | Department of Transportation, Federal Motor Carrier Safety |
| |||||||
| |||||||
1 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
2 | Secretary of State shall immediately record to the driving | ||||||
3 | record the notice of disqualification and confirm to the driver | ||||||
4 | the action that has been taken.
| ||||||
5 | (l) A foreign commercial driver is subject to | ||||||
6 | disqualification under this Section. | ||||||
7 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
8 | 98-122, eff. 1-1-14; 98-176 (see Section 10 of P.A. 98-722 and | ||||||
9 | Section 10 of P.A. 99-414 for the effective date of changes | ||||||
10 | made by P.A. 98-176); 98-722, eff. 7-16-14; 98-756, eff. | ||||||
11 | 7-16-14; 98-1172, eff. 1-12-15.)
| ||||||
12 | (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
| ||||||
13 | Sec. 6-517. Commercial driver; implied consent warnings.
| ||||||
14 | (a) Any person driving a commercial motor vehicle who is
| ||||||
15 | requested by a police officer, pursuant to Section 6-516, to | ||||||
16 | submit to a
chemical test or tests to determine the alcohol | ||||||
17 | concentration
or any amount of a drug, substance, or compound | ||||||
18 | resulting from the unlawful
use or consumption of cannabis | ||||||
19 | listed in the Cannabis Control Act, a
controlled substance | ||||||
20 | listed in the Illinois Controlled Substances Act, an | ||||||
21 | intoxicating compound listed in the Use of Intoxicating | ||||||
22 | Compounds Act, or methamphetamine as listed in the | ||||||
23 | Methamphetamine Control and Community Protection Act
in such | ||||||
24 | person's system, must be warned by the police officer
| ||||||
25 | requesting the
test or tests that a refusal to submit to the |
| |||||||
| |||||||
1 | test or tests will result in that
person being immediately | ||||||
2 | placed out-of-service for a period of 24 hours and
being | ||||||
3 | disqualified from operating a commercial motor vehicle for a | ||||||
4 | period of
not less than 12 months; the person shall also be | ||||||
5 | warned that if
such person
submits to testing which discloses | ||||||
6 | an alcohol concentration of greater than
0.00 but less than | ||||||
7 | 0.04 or any amount of a drug, substance, or compound in
such
| ||||||
8 | person's blood , other bodily substance, or urine resulting from | ||||||
9 | the unlawful use or consumption of
cannabis listed in the | ||||||
10 | Cannabis Control Act, a controlled substance listed in
the | ||||||
11 | Illinois Controlled Substances Act, an intoxicating compound | ||||||
12 | listed in the Use of Intoxicating Compounds Act, or | ||||||
13 | methamphetamine as listed in the Methamphetamine Control and | ||||||
14 | Community Protection Act, such person shall be
placed | ||||||
15 | immediately
out-of-service for a period of 24 hours; if the | ||||||
16 | person submits to testing which
discloses an alcohol | ||||||
17 | concentration of 0.04 or more or any amount of a drug,
| ||||||
18 | substance, or compound in such person's blood , other bodily | ||||||
19 | substance, or urine resulting
from the
unlawful use or | ||||||
20 | consumption of cannabis listed in the Cannabis Control Act, a
| ||||||
21 | controlled substance listed in the Illinois Controlled | ||||||
22 | Substances Act,
an intoxicating compound listed in the Use of | ||||||
23 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
24 | Methamphetamine Control and Community Protection Act, such
| ||||||
25 | person shall be placed immediately out-of-service and | ||||||
26 | disqualified from driving
a commercial motor vehicle for a |
| |||||||
| |||||||
1 | period of at least 12 months; also the person
shall be warned | ||||||
2 | that if such testing discloses an alcohol
concentration of | ||||||
3 | 0.08, or more or any amount of a drug, substance,
or compound | ||||||
4 | in such person's
blood , other bodily substance, or urine | ||||||
5 | resulting from the unlawful use or consumption of cannabis
| ||||||
6 | listed in the Cannabis Control Act, a controlled substance | ||||||
7 | listed in the
Illinois Controlled Substances Act, an | ||||||
8 | intoxicating compound listed in the Use of Intoxicating | ||||||
9 | Compounds Act, or methamphetamine as listed in the | ||||||
10 | Methamphetamine Control and Community Protection Act, in | ||||||
11 | addition to the person being immediately
placed out-of-service | ||||||
12 | and disqualified for 12 months as provided in this UCDLA,
the | ||||||
13 | results of such testing shall also be admissible in
| ||||||
14 | prosecutions for
violations of Section 11-501 of this Code, or | ||||||
15 | similar violations of local
ordinances, however, such results | ||||||
16 | shall not be used to impose any
driving
sanctions pursuant to | ||||||
17 | Section 11-501.1 of this Code.
| ||||||
18 | The person shall also be warned that any disqualification | ||||||
19 | imposed pursuant
to this Section, shall be for life for any | ||||||
20 | such offense or refusal,
or combination thereof; including a | ||||||
21 | conviction for violating Section 11-501
while driving a | ||||||
22 | commercial motor vehicle, or similar provisions of local
| ||||||
23 | ordinances, committed a second time involving separate | ||||||
24 | incidents.
| ||||||
25 | A person requested to submit to a test shall also | ||||||
26 | acknowledge, in writing, receipt of the warning required under |
| |||||||
| |||||||
1 | this Section. If the person refuses to acknowledge receipt of | ||||||
2 | the warning, the police officer shall make a written notation | ||||||
3 | on the warning that the person refused to sign the warning. A | ||||||
4 | person's refusal to sign the warning shall not be evidence that | ||||||
5 | the person was not read the warning. | ||||||
6 | (b) If the person refuses or fails to complete testing, or | ||||||
7 | submits to a
test which discloses an alcohol concentration of | ||||||
8 | at least 0.04,
or any amount of a drug, substance, or compound | ||||||
9 | in such person's
blood , other bodily substance, or
urine | ||||||
10 | resulting from the unlawful use or consumption of cannabis | ||||||
11 | listed in the
Cannabis Control Act, a controlled substance | ||||||
12 | listed in the Illinois
Controlled Substances Act, an | ||||||
13 | intoxicating compound listed in the Use of Intoxicating | ||||||
14 | Compounds Act, or methamphetamine as listed in the | ||||||
15 | Methamphetamine Control and Community Protection Act, the law | ||||||
16 | enforcement officer must
submit a Sworn Report to the Secretary | ||||||
17 | of State, in a form prescribed by
the Secretary, certifying | ||||||
18 | that the test or tests was requested pursuant to
paragraph (a); | ||||||
19 | that the person was warned, as provided in paragraph (a)
and | ||||||
20 | that such person refused to submit to or failed to complete
| ||||||
21 | testing, or
submitted to a test which disclosed an alcohol
| ||||||
22 | concentration of 0.04 or more, or any amount of a drug, | ||||||
23 | substance, or
compound in such person's blood , other bodily | ||||||
24 | substance, or urine resulting from the unlawful use or
| ||||||
25 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
26 | controlled
substance listed in the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, an intoxicating compound listed in the Use of | ||||||
2 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
3 | Methamphetamine Control and Community Protection Act.
| ||||||
4 | (c) The police officer submitting the Sworn Report under | ||||||
5 | this Section
shall serve notice of the CDL disqualification on | ||||||
6 | the person and
such CDL
disqualification shall be effective as | ||||||
7 | provided in paragraph (d). In cases
where the blood alcohol | ||||||
8 | concentration of 0.04 or more,
or any amount of a drug, | ||||||
9 | substance, or
compound in such person's blood , other bodily | ||||||
10 | substance, or urine resulting from the
unlawful use or
| ||||||
11 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
12 | controlled
substance listed in the Illinois Controlled | ||||||
13 | Substances Act, an intoxicating compound listed in the Use of | ||||||
14 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
15 | Methamphetamine Control and Community Protection Act, is | ||||||
16 | established by
subsequent analysis of blood , other bodily | ||||||
17 | substance, or urine collected at the time of the request,
the | ||||||
18 | police officer shall give notice as provided in this Section or | ||||||
19 | by
deposit in the United States mail of such notice as provided | ||||||
20 | in
this
Section or by deposit in the United States mail of such | ||||||
21 | notice in
an
envelope with postage prepaid and addressed to | ||||||
22 | such person's
domiciliary
address as shown on the Sworn Report | ||||||
23 | and the CDL disqualification shall
begin as provided in | ||||||
24 | paragraph (d).
| ||||||
25 | (d) The CDL disqualification referred to in this Section | ||||||
26 | shall take
effect on the 46th day following the date the Sworn |
| |||||||
| |||||||
1 | Report was given to the
affected person.
| ||||||
2 | (e) Upon receipt of the Sworn Report from the police | ||||||
3 | officer, the
Secretary of State shall disqualify the person | ||||||
4 | from driving any commercial
motor vehicle and shall confirm the | ||||||
5 | CDL disqualification by mailing the
notice of the effective | ||||||
6 | date to the person. However, should the Sworn
Report be | ||||||
7 | defective by not containing sufficient information or be
| ||||||
8 | completed in error, the confirmation of the CDL | ||||||
9 | disqualification shall not
be mailed to the affected person or | ||||||
10 | entered into the record, instead the
Sworn Report shall be | ||||||
11 | forwarded to the issuing
agency identifying any such defect.
| ||||||
12 | (Source: P.A. 99-467, eff. 1-1-16 .)
| ||||||
13 | (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
| ||||||
14 | Sec. 11-401. Motor vehicle accidents involving death or | ||||||
15 | personal injuries.
| ||||||
16 | (a) The driver of any vehicle involved in a motor vehicle | ||||||
17 | accident
resulting in personal injury to or death of any person | ||||||
18 | shall immediately stop
such vehicle at the scene of such | ||||||
19 | accident, or as close thereto as possible
and shall then | ||||||
20 | forthwith return to, and in every event shall remain at the
| ||||||
21 | scene of the accident until the requirements of Section 11-403 | ||||||
22 | have been
fulfilled. Every such stop shall be made without | ||||||
23 | obstructing traffic more
than is necessary.
| ||||||
24 | (b) Any person who has failed to stop or to comply with the
| ||||||
25 | requirements of paragraph (a) shall, as soon as possible but in |
| |||||||
| |||||||
1 | no case
later than one-half hour after such motor
vehicle | ||||||
2 | accident, or, if hospitalized and incapacitated from reporting | ||||||
3 | at any
time during such period, as soon as possible but in no | ||||||
4 | case later than one-half
hour
after
being discharged from the
| ||||||
5 | hospital, report the place of the accident, the date, the | ||||||
6 | approximate time,
the
driver's name and address, the | ||||||
7 | registration number of the vehicle
driven, and the names of all | ||||||
8 | other occupants of
such vehicle, at a police station or | ||||||
9 | sheriff's office near the place where
such accident occurred. | ||||||
10 | No report made as required under this paragraph shall be used,
| ||||||
11 | directly or indirectly, as a basis for the prosecution of any
| ||||||
12 | violation of paragraph (a).
| ||||||
13 | (b-1) Any person arrested for violating this Section is | ||||||
14 | subject to chemical testing of his or her blood, breath, other | ||||||
15 | bodily substance, or urine for the presence of alcohol, other | ||||||
16 | drug or drugs, intoxicating compound or compounds, or any | ||||||
17 | combination thereof, as provided in Section 11-501.1, if the | ||||||
18 | testing occurs within 12 hours of the time of the occurrence of | ||||||
19 | the accident that led to his or her arrest. The person's | ||||||
20 | driving privileges are subject to statutory summary suspension | ||||||
21 | under Section 11-501.1 if he or she fails testing or statutory | ||||||
22 | summary revocation under Section 11-501.1 if he or she refuses | ||||||
23 | to undergo the testing.
| ||||||
24 | For purposes of this Section, personal injury shall mean | ||||||
25 | any injury
requiring immediate professional treatment in a | ||||||
26 | medical facility or
doctor's office.
|
| |||||||
| |||||||
1 | (c) Any person failing to comply with paragraph (a) shall | ||||||
2 | be guilty of a Class 4 felony.
| ||||||
3 | (d) Any person failing to comply with paragraph (b) is
| ||||||
4 | guilty
of
a Class 2 felony if the
motor vehicle accident does | ||||||
5 | not result in the death of any person.
Any person failing to | ||||||
6 | comply with paragraph (b)
when the accident results in the | ||||||
7 | death of
any person is guilty of a Class 1
felony.
| ||||||
8 | (e) The Secretary of State shall revoke the driving | ||||||
9 | privilege of any person
convicted of a violation of this | ||||||
10 | Section.
| ||||||
11 | (Source: P.A. 95-347, eff. 1-1-08; 96-1344, eff. 7-1-11 .)
| ||||||
12 | (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
| ||||||
13 | Sec. 11-500. Definitions. For the purposes of interpreting | ||||||
14 | Sections
6-206.1 and 6-208.1 of this Code, "first offender" | ||||||
15 | shall mean any person
who has not had a previous conviction or | ||||||
16 | court assigned supervision for
violating Section 11-501, or a | ||||||
17 | similar provision of a local ordinance,
or a conviction in any | ||||||
18 | other state for a violation of driving while under
the | ||||||
19 | influence or a similar offense where the cause of action is the | ||||||
20 | same
or substantially similar to this Code or similar offenses | ||||||
21 | committed on a military installation, or any person who has not | ||||||
22 | had a driver's license suspension pursuant to paragraph 6 of | ||||||
23 | subsection (a) of Section 6-206 as the result of refusal of | ||||||
24 | chemical testing in another state, or any
person who has not | ||||||
25 | had a driver's license
suspension or revocation for violating |
| |||||||
| |||||||
1 | Section 11-501.1 within 5 years prior to the date of
the
| ||||||
2 | current offense, except in cases where the driver submitted to
| ||||||
3 | chemical testing resulting in an alcohol concentration of 0.08 | ||||||
4 | or
more,
or any amount of a drug, substance, or compound in | ||||||
5 | such person's blood , other bodily substance, or
urine resulting | ||||||
6 | from the unlawful use or consumption of cannabis listed in
the | ||||||
7 | Cannabis Control Act, a controlled substance listed in the
| ||||||
8 | Illinois
Controlled Substances Act, or an intoxicating | ||||||
9 | compound listed in the Use
of
Intoxicating Compounds Act, or | ||||||
10 | methamphetamine as listed in the Methamphetamine Control and | ||||||
11 | Community Protection Act and
was subsequently found not guilty | ||||||
12 | of violating Section 11-501, or a similar
provision of a local | ||||||
13 | ordinance. | ||||||
14 | (Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09; | ||||||
15 | 96-1344, eff. 7-1-11 .)
| ||||||
16 | (625 ILCS 5/11-500.1)
| ||||||
17 | Sec. 11-500.1. Immunity.
| ||||||
18 | (a) A person authorized under this Article to withdraw | ||||||
19 | blood or collect
urine or other bodily substance shall not be | ||||||
20 | civilly liable for damages when the person, in good faith,
| ||||||
21 | withdraws blood or collects urine or other bodily substance for | ||||||
22 | evidentiary purposes under this Code,
upon the request of a law | ||||||
23 | enforcement officer, unless the act is performed in a
willful | ||||||
24 | and wanton manner.
| ||||||
25 | (b) As used in this Section, "willful and wanton manner" |
| |||||||
| |||||||
1 | means a course of
action that shows an actual or deliberate | ||||||
2 | intention to cause harm or which, if
not intentional, shows an | ||||||
3 | utter indifference to or conscious disregard for the
health or | ||||||
4 | safety of another.
| ||||||
5 | (Source: P.A. 89-689, eff. 12-31-96.)
| ||||||
6 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
7 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
8 | other drug or drugs, intoxicating compound or compounds or any | ||||||
9 | combination thereof.
| ||||||
10 | (a) A person shall not drive or be in actual physical | ||||||
11 | control of any vehicle within this State while: | ||||||
12 | (1) the alcohol concentration in the person's blood , | ||||||
13 | other bodily substance, or breath is 0.08 or more based on | ||||||
14 | the definition of blood and breath units in Section | ||||||
15 | 11-501.2; | ||||||
16 | (2) under the influence of alcohol; | ||||||
17 | (3) under the influence of any intoxicating compound or | ||||||
18 | combination of intoxicating compounds to a degree that | ||||||
19 | renders the person incapable of driving safely; | ||||||
20 | (4) under the influence of any other drug or | ||||||
21 | combination of drugs to a degree that renders the person | ||||||
22 | incapable of safely driving; | ||||||
23 | (5) under the combined influence of alcohol, other drug | ||||||
24 | or drugs, or intoxicating compound or compounds to a degree | ||||||
25 | that renders the person incapable of safely driving; or |
| |||||||
| |||||||
1 | (6) there is any amount of a drug, substance, or | ||||||
2 | compound in the person's breath, blood, other bodily | ||||||
3 | substance, or urine resulting from the unlawful use or | ||||||
4 | consumption of cannabis listed in the Cannabis Control Act, | ||||||
5 | a controlled substance listed in the Illinois Controlled | ||||||
6 | Substances Act, an intoxicating compound listed in the Use | ||||||
7 | of Intoxicating Compounds Act, or methamphetamine as | ||||||
8 | listed in the Methamphetamine Control and Community | ||||||
9 | Protection Act ; or | ||||||
10 | (7) the person has, within 2 hours of driving or being | ||||||
11 | in actual physical control of a vehicle, a | ||||||
12 | tetrahydrocannabinol concentration in the person's whole | ||||||
13 | blood or other bodily substance as defined in paragraph 6 | ||||||
14 | of subsection (a) of Section 11-501.2 of this Code .
Subject | ||||||
15 | to all other requirements and provisions under this | ||||||
16 | Section, this paragraph (7) (6) does not apply to the | ||||||
17 | lawful consumption of cannabis by a qualifying patient | ||||||
18 | licensed under the Compassionate Use of Medical Cannabis | ||||||
19 | Pilot Program Act who is in possession of a valid registry | ||||||
20 | card issued under that Act, unless that person is impaired | ||||||
21 | by the use of cannabis. | ||||||
22 | (b) The fact that any person charged with violating this | ||||||
23 | Section is or has been legally entitled to use alcohol, | ||||||
24 | cannabis under the Compassionate Use of Medical Cannabis Pilot | ||||||
25 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
26 | compounds, or any combination thereof, shall not constitute a |
| |||||||
| |||||||
1 | defense against any charge of violating this Section. | ||||||
2 | (c) Penalties. | ||||||
3 | (1) Except as otherwise provided in this Section, any | ||||||
4 | person convicted of violating subsection (a) of this | ||||||
5 | Section is guilty of a Class A misdemeanor. | ||||||
6 | (2) A person who violates subsection (a) or a similar | ||||||
7 | provision a second time shall be sentenced to a mandatory | ||||||
8 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
9 | of community service in addition to any other criminal or | ||||||
10 | administrative sanction. | ||||||
11 | (3) A person who violates subsection (a) is subject to | ||||||
12 | 6 months of imprisonment, an additional mandatory minimum | ||||||
13 | fine of $1,000, and 25 days of community service in a | ||||||
14 | program benefiting children if the person was transporting | ||||||
15 | a person under the age of 16 at the time of the violation. | ||||||
16 | (4) A person who violates subsection (a) a first time, | ||||||
17 | if the alcohol concentration in his or her blood, breath, | ||||||
18 | other bodily substance, or urine was 0.16 or more based on | ||||||
19 | the definition of blood, breath, other bodily substance, or | ||||||
20 | urine units in Section 11-501.2, shall be subject, in | ||||||
21 | addition to any other penalty that may be imposed, to a | ||||||
22 | mandatory minimum of 100 hours of community service and a | ||||||
23 | mandatory minimum fine of $500. | ||||||
24 | (5) A person who violates subsection (a) a second time, | ||||||
25 | if at the time of the second violation the alcohol | ||||||
26 | concentration in his or her blood, breath, other bodily |
| |||||||
| |||||||
1 | substance, or urine was 0.16 or more based on the | ||||||
2 | definition of blood, breath, other bodily substance, or | ||||||
3 | urine units in Section 11-501.2, shall be subject, in | ||||||
4 | addition to any other penalty that may be imposed, to a | ||||||
5 | mandatory minimum of 2 days of imprisonment and a mandatory | ||||||
6 | minimum fine of $1,250. | ||||||
7 | (d) Aggravated driving under the influence of alcohol, | ||||||
8 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
9 | any combination thereof.
| ||||||
10 | (1) Every person convicted of committing a violation of | ||||||
11 | this Section shall be guilty of aggravated driving under | ||||||
12 | the influence of alcohol, other drug or drugs, or | ||||||
13 | intoxicating compound or compounds, or any combination | ||||||
14 | thereof if: | ||||||
15 | (A) the person committed a violation of subsection | ||||||
16 | (a) or a similar provision for the third or subsequent | ||||||
17 | time; | ||||||
18 | (B) the person committed a violation of subsection | ||||||
19 | (a) while driving a school bus with one or more | ||||||
20 | passengers on board; | ||||||
21 | (C) the person in committing a violation of | ||||||
22 | subsection (a) was involved in a motor vehicle accident | ||||||
23 | that resulted in great bodily harm or permanent | ||||||
24 | disability or disfigurement to another, when the | ||||||
25 | violation was a proximate cause of the injuries; | ||||||
26 | (D) the person committed a violation of subsection |
| |||||||
| |||||||
1 | (a) and has been previously convicted of violating | ||||||
2 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012 or a similar provision of a law | ||||||
4 | of another state relating to reckless homicide in which | ||||||
5 | the person was determined to have been under the | ||||||
6 | influence of alcohol, other drug or drugs, or | ||||||
7 | intoxicating compound or compounds as an element of the | ||||||
8 | offense or the person has previously been convicted | ||||||
9 | under subparagraph (C) or subparagraph (F) of this | ||||||
10 | paragraph (1); | ||||||
11 | (E) the person, in committing a violation of | ||||||
12 | subsection (a) while driving at any speed in a school | ||||||
13 | speed zone at a time when a speed limit of 20 miles per | ||||||
14 | hour was in effect under subsection (a) of Section | ||||||
15 | 11-605 of this Code, was involved in a motor vehicle | ||||||
16 | accident that resulted in bodily harm, other than great | ||||||
17 | bodily harm or permanent disability or disfigurement, | ||||||
18 | to another person, when the violation of subsection (a) | ||||||
19 | was a proximate cause of the bodily harm; | ||||||
20 | (F) the person, in committing a violation of | ||||||
21 | subsection (a), was involved in a motor vehicle, | ||||||
22 | snowmobile, all-terrain vehicle, or watercraft | ||||||
23 | accident that resulted in the death of another person, | ||||||
24 | when the violation of subsection (a) was a proximate | ||||||
25 | cause of the death; | ||||||
26 | (G) the person committed a violation of subsection |
| |||||||
| |||||||
1 | (a) during a period in which the defendant's driving | ||||||
2 | privileges are revoked or suspended, where the | ||||||
3 | revocation or suspension was for a violation of | ||||||
4 | subsection (a) or a similar provision, Section | ||||||
5 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
6 | reckless homicide as defined in Section 9-3 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
8 | (H) the person committed the violation while he or | ||||||
9 | she did not possess a driver's license or permit or a | ||||||
10 | restricted driving permit or a judicial driving permit | ||||||
11 | or a monitoring device driving permit; | ||||||
12 | (I) the person committed the violation while he or | ||||||
13 | she knew or should have known that the vehicle he or | ||||||
14 | she was driving was not covered by a liability | ||||||
15 | insurance policy; | ||||||
16 | (J) the person in committing a violation of | ||||||
17 | subsection (a) was involved in a motor vehicle accident | ||||||
18 | that resulted in bodily harm, but not great bodily | ||||||
19 | harm, to the child under the age of 16 being | ||||||
20 | transported by the person, if the violation was the | ||||||
21 | proximate cause of the injury; | ||||||
22 | (K) the person in committing a second violation of | ||||||
23 | subsection (a) or a similar provision was transporting | ||||||
24 | a person under the age of 16; or | ||||||
25 | (L) the person committed a violation of subsection | ||||||
26 | (a) of this Section while transporting one or more |
| |||||||
| |||||||
1 | passengers in a vehicle for-hire. | ||||||
2 | (2)(A) Except as provided otherwise, a person | ||||||
3 | convicted of aggravated driving under the influence of | ||||||
4 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
5 | compounds, or any combination thereof is guilty of a Class | ||||||
6 | 4 felony. | ||||||
7 | (B) A third violation of this Section or a similar | ||||||
8 | provision is a Class 2 felony. If at the time of the third | ||||||
9 | violation the alcohol concentration in his or her blood, | ||||||
10 | breath, other bodily substance, or urine was 0.16 or more | ||||||
11 | based on the definition of blood, breath, other bodily | ||||||
12 | substance, or urine units in Section 11-501.2, a mandatory | ||||||
13 | minimum of 90 days of imprisonment and a mandatory minimum | ||||||
14 | fine of $2,500 shall be imposed in addition to any other | ||||||
15 | criminal or administrative sanction. If at the time of the | ||||||
16 | third violation, the defendant was transporting a person | ||||||
17 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
18 | days of community service in a program benefiting children | ||||||
19 | shall be imposed in addition to any other criminal or | ||||||
20 | administrative sanction. | ||||||
21 | (C) A fourth violation of this Section or a similar | ||||||
22 | provision is a Class 2 felony, for which a sentence of | ||||||
23 | probation or conditional discharge may not be imposed. If | ||||||
24 | at the time of the violation, the alcohol concentration in | ||||||
25 | the defendant's blood, breath, other bodily substance, or | ||||||
26 | urine was 0.16 or more based on the definition of blood, |
| |||||||
| |||||||
1 | breath, other bodily substance, or urine units in Section | ||||||
2 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
3 | imposed in addition to any other criminal or administrative | ||||||
4 | sanction. If at the time of the fourth violation, the | ||||||
5 | defendant was transporting a person under the age of 16 a | ||||||
6 | mandatory fine of $25,000 and 25 days of community service | ||||||
7 | in a program benefiting children shall be imposed in | ||||||
8 | addition to any other criminal or administrative sanction. | ||||||
9 | (D) A fifth violation of this Section or a similar | ||||||
10 | provision is a Class 1 felony, for which a sentence of | ||||||
11 | probation or conditional discharge may not be imposed. If | ||||||
12 | at the time of the violation, the alcohol concentration in | ||||||
13 | the defendant's blood, breath, other bodily substance, or | ||||||
14 | urine was 0.16 or more based on the definition of blood, | ||||||
15 | breath, other bodily substance, or urine units in Section | ||||||
16 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
17 | imposed in addition to any other criminal or administrative | ||||||
18 | sanction. If at the time of the fifth violation, the | ||||||
19 | defendant was transporting a person under the age of 16, a | ||||||
20 | mandatory fine of $25,000, and 25 days of community service | ||||||
21 | in a program benefiting children shall be imposed in | ||||||
22 | addition to any other criminal or administrative sanction. | ||||||
23 | (E) A sixth or subsequent violation of this Section or | ||||||
24 | similar provision is a Class X felony. If at the time of | ||||||
25 | the violation, the alcohol concentration in the | ||||||
26 | defendant's blood, breath, other bodily substance, or |
| |||||||
| |||||||
1 | urine was 0.16 or more based on the definition of blood, | ||||||
2 | breath, other bodily substance, or urine units in Section | ||||||
3 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
4 | imposed in addition to any other criminal or administrative | ||||||
5 | sanction. If at the time of the violation, the defendant | ||||||
6 | was transporting a person under the age of 16, a mandatory | ||||||
7 | fine of $25,000 and 25 days of community service in a | ||||||
8 | program benefiting children shall be imposed in addition to | ||||||
9 | any other criminal or administrative sanction. | ||||||
10 | (F) For a violation of subparagraph (C) of paragraph | ||||||
11 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
12 | a term of imprisonment, shall be sentenced to not less than | ||||||
13 | one year nor more than 12 years. | ||||||
14 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
15 | this subsection (d) is a Class 2 felony, for which the | ||||||
16 | defendant, unless the court determines that extraordinary | ||||||
17 | circumstances exist and require probation, shall be | ||||||
18 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
19 | years and not more than 14 years if the violation resulted | ||||||
20 | in the death of one person; or (ii) a term of imprisonment | ||||||
21 | of not less than 6 years and not more than 28 years if the | ||||||
22 | violation resulted in the deaths of 2 or more persons. | ||||||
23 | (H) For a violation of subparagraph (J) of paragraph | ||||||
24 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
25 | 25 days of community service in a program benefiting | ||||||
26 | children shall be imposed in addition to any other criminal |
| |||||||
| |||||||
1 | or administrative sanction. | ||||||
2 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
3 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
4 | fine of $2,500, and 25 days of community service in a | ||||||
5 | program benefiting children shall be imposed in addition to | ||||||
6 | any other criminal or administrative sanction. If the child | ||||||
7 | being transported suffered bodily harm, but not great | ||||||
8 | bodily harm, in a motor vehicle accident, and the violation | ||||||
9 | was the proximate cause of that injury, a mandatory fine of | ||||||
10 | $5,000 and 25 days of community service in a program | ||||||
11 | benefiting children shall be imposed in addition to any | ||||||
12 | other criminal or administrative sanction. | ||||||
13 | (J) A violation of subparagraph (D) of paragraph (1) of | ||||||
14 | this subsection (d) is a Class 3 felony, for which a | ||||||
15 | sentence of probation or conditional discharge may not be | ||||||
16 | imposed. | ||||||
17 | (3) Any person sentenced under this subsection (d) who | ||||||
18 | receives a term of probation or conditional discharge must | ||||||
19 | serve a minimum term of either 480 hours of community | ||||||
20 | service or 10 days of imprisonment as a condition of the | ||||||
21 | probation or conditional discharge in addition to any other | ||||||
22 | criminal or administrative sanction. | ||||||
23 | (e) Any reference to a prior violation of subsection (a) or | ||||||
24 | a similar provision includes any violation of a provision of a | ||||||
25 | local ordinance or a provision of a law of another state or an | ||||||
26 | offense committed on a military installation that is similar to |
| |||||||
| |||||||
1 | a violation of subsection (a) of this Section. | ||||||
2 | (f) The imposition of a mandatory term of imprisonment or | ||||||
3 | assignment of community service for a violation of this Section | ||||||
4 | shall not be suspended or reduced by the court. | ||||||
5 | (g) Any penalty imposed for driving with a license that has | ||||||
6 | been revoked for a previous violation of subsection (a) of this | ||||||
7 | Section shall be in addition to the penalty imposed for any | ||||||
8 | subsequent violation of subsection (a). | ||||||
9 | (h) For any prosecution under this Section, a certified | ||||||
10 | copy of the driving abstract of the defendant shall be admitted | ||||||
11 | as proof of any prior conviction.
| ||||||
12 | (Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; | ||||||
13 | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14.)
| ||||||
14 | (625 ILCS 5/11-501.1)
| ||||||
15 | Sec. 11-501.1. Suspension of drivers license; statutory | ||||||
16 | summary
alcohol, other drug or drugs, or intoxicating compound | ||||||
17 | or
compounds related suspension or revocation; implied | ||||||
18 | consent. | ||||||
19 | (a) Any person who drives or is in actual physical control | ||||||
20 | of a motor
vehicle upon the public highways of this State shall | ||||||
21 | be deemed to have given
consent, subject to the provisions of | ||||||
22 | Section 11-501.2, to a chemical test or
tests of blood, breath, | ||||||
23 | other bodily substance, or urine for the purpose of determining | ||||||
24 | the content of
alcohol, other drug or drugs, or intoxicating | ||||||
25 | compound or compounds or
any combination thereof in the |
| |||||||
| |||||||
1 | person's blood if arrested,
as evidenced by the issuance of a | ||||||
2 | Uniform Traffic Ticket, for any offense
as defined in Section | ||||||
3 | 11-501 or a similar provision of a local ordinance, or if | ||||||
4 | arrested for violating Section 11-401.
If a law enforcement | ||||||
5 | officer has probable cause to believe the person was under the | ||||||
6 | influence of alcohol, other drug or drugs, intoxicating | ||||||
7 | compound or compounds, or any combination thereof, the law | ||||||
8 | enforcement officer shall request a chemical test or tests | ||||||
9 | which shall be administered at the direction of the arresting
| ||||||
10 | officer. The law enforcement agency employing the officer shall | ||||||
11 | designate which
of the aforesaid tests shall be administered. | ||||||
12 | Up to 2 additional tests of A urine or other bodily substance | ||||||
13 | test may be administered
even after a blood or breath test or | ||||||
14 | both has
been administered. For purposes of this Section, an | ||||||
15 | Illinois law
enforcement officer of this State who is | ||||||
16 | investigating the person for any
offense defined in Section | ||||||
17 | 11-501 may travel into an adjoining state, where
the person has | ||||||
18 | been transported for medical care, to complete an
investigation | ||||||
19 | and to request that the person submit to the test or tests
set | ||||||
20 | forth in this Section. The requirements of this Section that | ||||||
21 | the
person be arrested are inapplicable, but the officer shall | ||||||
22 | issue the person
a Uniform Traffic Ticket for an offense as | ||||||
23 | defined in Section 11-501 or a
similar provision of a local | ||||||
24 | ordinance prior to requesting that the person
submit to the | ||||||
25 | test or tests. The issuance of the Uniform Traffic Ticket
shall | ||||||
26 | not constitute an arrest, but shall be for the purpose of |
| |||||||
| |||||||
1 | notifying
the person that he or she is subject to the | ||||||
2 | provisions of this Section and
of the officer's belief of the | ||||||
3 | existence of probable cause to
arrest. Upon returning to this | ||||||
4 | State, the officer shall file the Uniform
Traffic Ticket with | ||||||
5 | the Circuit Clerk of the county where the offense was
| ||||||
6 | committed, and shall seek the issuance of an arrest warrant or | ||||||
7 | a summons
for the person. | ||||||
8 | (a-5) (Blank). | ||||||
9 | (b) Any person who is dead, unconscious, or who is | ||||||
10 | otherwise in a condition
rendering the person incapable of | ||||||
11 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
12 | provided by paragraph (a) of this Section and the test or
tests | ||||||
13 | may be administered, subject to the provisions of Section | ||||||
14 | 11-501.2. | ||||||
15 | (c) A person requested to submit to a test as provided | ||||||
16 | above shall
be warned by the law enforcement officer requesting | ||||||
17 | the test that a
refusal to submit to the test will result in | ||||||
18 | the statutory summary
suspension of the person's privilege to | ||||||
19 | operate a motor vehicle, as provided
in Section 6-208.1 of this | ||||||
20 | Code, and will also result in the disqualification of the | ||||||
21 | person's privilege to operate a commercial motor vehicle, as | ||||||
22 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
23 | holder. The person shall also be warned that a refusal to | ||||||
24 | submit to the test, when the person was involved in a motor | ||||||
25 | vehicle accident that caused personal injury or death to | ||||||
26 | another, will result in the statutory summary revocation of the |
| |||||||
| |||||||
1 | person's privilege to operate a motor vehicle, as provided in | ||||||
2 | Section 6-208.1, and will also result in the disqualification | ||||||
3 | of the person's privilege to operate a commercial motor | ||||||
4 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
5 | person is a CDL holder. The person shall also be warned by the | ||||||
6 | law
enforcement officer that if the person submits to the test | ||||||
7 | or tests
provided in paragraph (a) of this Section and the | ||||||
8 | alcohol concentration in
the person's blood , other bodily | ||||||
9 | substance, or breath is 0.08 or greater, or testing discloses | ||||||
10 | the presence of cannabis as listed in the Cannabis Control Act | ||||||
11 | with a tetrahydrocannabinol concentration as defined in | ||||||
12 | paragraph 6 of subsection (a) of Section 11-501.2 of this Code, | ||||||
13 | or any amount of
a
drug, substance, or compound resulting from | ||||||
14 | the unlawful use or consumption
of cannabis as covered by the | ||||||
15 | Cannabis Control Act, a controlled
substance
listed in the | ||||||
16 | Illinois Controlled Substances Act, an intoxicating compound
| ||||||
17 | listed in the Use of Intoxicating Compounds Act, or | ||||||
18 | methamphetamine as listed in the Methamphetamine Control and | ||||||
19 | Community Protection Act is detected in the person's
blood , | ||||||
20 | other bodily substance or urine, a statutory summary suspension | ||||||
21 | of the person's privilege to
operate a motor vehicle, as | ||||||
22 | provided in Sections 6-208.1 and 11-501.1 of this
Code, will be | ||||||
23 | imposed. If the person is also a CDL holder, he or she shall be | ||||||
24 | warned by the law
enforcement officer that if the person | ||||||
25 | submits to the test or tests
provided in paragraph (a) of this | ||||||
26 | Section and the alcohol concentration in
the person's blood, |
| |||||||
| |||||||
1 | other bodily substance, or breath is 0.08 or greater, or any | ||||||
2 | amount of
a
drug, substance, or compound resulting from the | ||||||
3 | unlawful use or consumption
of cannabis as covered by the | ||||||
4 | Cannabis Control Act, a controlled
substance
listed in the | ||||||
5 | Illinois Controlled Substances Act, an intoxicating compound
| ||||||
6 | listed in the Use of Intoxicating Compounds Act, or | ||||||
7 | methamphetamine as listed in the Methamphetamine Control and | ||||||
8 | Community Protection Act is detected in the person's
blood, | ||||||
9 | other bodily substance, or urine, and a disqualification of
the | ||||||
10 | person's privilege to operate a commercial motor vehicle, as | ||||||
11 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
12 | holder, will be imposed. | ||||||
13 | A person who is under the age of 21 at the time the person | ||||||
14 | is requested to
submit to a test as provided above shall, in | ||||||
15 | addition to the warnings provided
for in this Section, be | ||||||
16 | further warned by the law enforcement officer
requesting the | ||||||
17 | test that if the person submits to the test or tests provided | ||||||
18 | in
paragraph (a) of this Section and the alcohol concentration | ||||||
19 | in the person's
blood , other bodily substance, or breath is | ||||||
20 | greater than 0.00 and less than 0.08, a
suspension of the
| ||||||
21 | person's privilege to operate a motor vehicle, as provided | ||||||
22 | under Sections
6-208.2 and 11-501.8 of this Code, will be | ||||||
23 | imposed. The results of this test
shall be admissible in a | ||||||
24 | civil or criminal action or proceeding arising from an
arrest | ||||||
25 | for an offense as defined in Section 11-501 of this Code or a | ||||||
26 | similar
provision of a local ordinance or pursuant to Section |
| |||||||
| |||||||
1 | 11-501.4 in prosecutions
for reckless homicide brought under | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012. These | ||||||
3 | test
results, however, shall be admissible only in actions or | ||||||
4 | proceedings directly
related to the incident upon which the | ||||||
5 | test request was made. | ||||||
6 | A person requested to submit to a test shall also | ||||||
7 | acknowledge, in writing, receipt of the warning required under | ||||||
8 | this Section. If the person refuses to acknowledge receipt of | ||||||
9 | the warning, the law enforcement officer shall make a written | ||||||
10 | notation on the warning that the person refused to sign the | ||||||
11 | warning. A person's refusal to sign the warning shall not be | ||||||
12 | evidence that the person was not read the warning. | ||||||
13 | (d) If the person refuses testing or submits to a test that | ||||||
14 | discloses
an alcohol concentration of 0.08 or more, or testing | ||||||
15 | discloses the presence of cannabis as listed in the Cannabis | ||||||
16 | Control Act with a tetrahydrocannabinol concentration as | ||||||
17 | defined in paragraph 6 of subsection (a) of Section 11-501.2 of | ||||||
18 | this Code, or any amount of a drug,
substance, or intoxicating | ||||||
19 | compound in the person's breath, blood,
other bodily substance, | ||||||
20 | or urine resulting from the
unlawful use or consumption of | ||||||
21 | cannabis listed in the Cannabis Control Act, a controlled | ||||||
22 | substance listed in the Illinois Controlled Substances
Act, an | ||||||
23 | intoxicating compound listed in the Use of Intoxicating | ||||||
24 | Compounds
Act, or methamphetamine as listed in the | ||||||
25 | Methamphetamine Control and Community Protection Act, the law | ||||||
26 | enforcement officer shall immediately submit a sworn report to
|
| |||||||
| |||||||
1 | the
circuit court of venue and the Secretary of State, | ||||||
2 | certifying that the test or
tests was or were requested under | ||||||
3 | paragraph (a) and the person refused to
submit to a test, or | ||||||
4 | tests, or submitted to testing that disclosed an alcohol
| ||||||
5 | concentration of 0.08 or more , testing discloses the presence | ||||||
6 | of cannabis as listed in the Cannabis Control Act with a | ||||||
7 | tetrahydrocannabinol concentration as defined in paragraph 6 | ||||||
8 | of subsection (a) of Section 11-501.2 of this Code, or any | ||||||
9 | amount of a drug,
substance, or intoxicating compound in the | ||||||
10 | person's breath, blood, other bodily substance, or urine | ||||||
11 | resulting from the
unlawful use or consumption of a controlled | ||||||
12 | substance listed in the Illinois Controlled Substances
Act, an | ||||||
13 | intoxicating compound listed in the Use of Intoxicating | ||||||
14 | Compounds
Act, or methamphetamine as listed in the | ||||||
15 | Methamphetamine Control and Community Protection Act. If the | ||||||
16 | person is also a CDL holder and refuses testing or submits to a | ||||||
17 | test that discloses
an alcohol concentration of 0.08 or more, | ||||||
18 | or any amount of a drug,
substance, or intoxicating compound in | ||||||
19 | the person's breath, blood, other bodily substance, or urine | ||||||
20 | resulting from the
unlawful use or consumption of cannabis | ||||||
21 | listed in the Cannabis Control Act, a controlled substance | ||||||
22 | listed in the Illinois Controlled Substances
Act, an | ||||||
23 | intoxicating compound listed in the Use of Intoxicating | ||||||
24 | Compounds
Act, or methamphetamine as listed in the | ||||||
25 | Methamphetamine Control and Community Protection Act, the law | ||||||
26 | enforcement officer shall also immediately submit a sworn |
| |||||||
| |||||||
1 | report to
the
circuit court of venue and the Secretary of | ||||||
2 | State, certifying that the test or
tests was or were requested | ||||||
3 | under paragraph (a) and the person refused to
submit to a test, | ||||||
4 | or tests, or submitted to testing that disclosed an alcohol | ||||||
5 | concentration of 0.08 or more, or any amount of a drug,
| ||||||
6 | substance, or intoxicating compound in the person's breath, | ||||||
7 | blood, other bodily substance, or urine resulting from the
| ||||||
8 | unlawful use or consumption of cannabis listed in the Cannabis | ||||||
9 | Control Act, a controlled substance listed in the Illinois | ||||||
10 | Controlled Substances
Act, an intoxicating compound listed in | ||||||
11 | the Use of Intoxicating Compounds
Act, or methamphetamine as | ||||||
12 | listed in the Methamphetamine Control and Community Protection | ||||||
13 | Act . | ||||||
14 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
15 | officer
submitted under paragraph (d), the Secretary of State | ||||||
16 | shall enter the
statutory summary suspension or revocation and | ||||||
17 | disqualification for the periods specified in Sections
6-208.1 | ||||||
18 | and 6-514, respectively,
and effective as provided in paragraph | ||||||
19 | (g). | ||||||
20 | If the person is a first offender as defined in Section | ||||||
21 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
22 | Section 11-501
of this Code or a similar provision of a local | ||||||
23 | ordinance, then reports
received by the Secretary of State | ||||||
24 | under this Section shall, except during
the actual time the | ||||||
25 | Statutory Summary Suspension is in effect, be
privileged | ||||||
26 | information and for use only by the courts, police officers,
|
| |||||||
| |||||||
1 | prosecuting authorities or the Secretary of State, unless the | ||||||
2 | person is a CDL holder, is operating a commercial motor vehicle | ||||||
3 | or vehicle required to be placarded for hazardous materials, in | ||||||
4 | which case the suspension shall not be privileged. Reports | ||||||
5 | received by the Secretary of State under this Section shall | ||||||
6 | also be made available to the parent or guardian of a person | ||||||
7 | under the age of 18 years that holds an instruction permit or a | ||||||
8 | graduated driver's license, regardless of whether the | ||||||
9 | statutory summary suspension is in effect. A statutory summary | ||||||
10 | revocation shall not be privileged information. | ||||||
11 | (f) The law enforcement officer submitting the sworn report | ||||||
12 | under paragraph
(d) shall serve immediate notice of the | ||||||
13 | statutory summary suspension or revocation on the
person and | ||||||
14 | the suspension or revocation and disqualification shall be | ||||||
15 | effective as provided in paragraph (g). | ||||||
16 | (1) In
cases involving a person who is not a CDL holder | ||||||
17 | where the blood alcohol concentration of 0.08 or greater or
| ||||||
18 | any amount of
a drug, substance, or compound resulting from | ||||||
19 | the unlawful use or consumption
of cannabis as covered by | ||||||
20 | the Cannabis Control Act, a controlled
substance
listed in | ||||||
21 | the Illinois Controlled Substances Act,
an intoxicating | ||||||
22 | compound
listed in the Use of Intoxicating Compounds Act, | ||||||
23 | or methamphetamine as listed in the Methamphetamine | ||||||
24 | Control and Community Protection Act is established by a
| ||||||
25 | subsequent
analysis of blood , other bodily substance, or | ||||||
26 | urine or analysis of whole blood or other bodily substance |
| |||||||
| |||||||
1 | establishes a tetrahydrocannabinol concentration as | ||||||
2 | defined in paragraph 6 of subsection (a) of Section | ||||||
3 | 11-501.2 of this Code, collected at the time of arrest, the | ||||||
4 | arresting
officer or arresting agency shall give notice as | ||||||
5 | provided in this Section or by
deposit in the United States | ||||||
6 | mail of the notice in an envelope with postage
prepaid and | ||||||
7 | addressed to the person at his or her address as shown on | ||||||
8 | the Uniform
Traffic Ticket and the statutory summary | ||||||
9 | suspension and disqualification shall begin as provided in
| ||||||
10 | paragraph (g). | ||||||
11 | (1.3) In cases involving a person who is a CDL holder | ||||||
12 | where the blood alcohol concentration of 0.08 or greater or
| ||||||
13 | any amount of
a drug, substance, or compound resulting from | ||||||
14 | the unlawful use or consumption
of cannabis as covered by | ||||||
15 | the Cannabis Control Act, a controlled
substance
listed in | ||||||
16 | the Illinois Controlled Substances Act,
an intoxicating | ||||||
17 | compound
listed in the Use of Intoxicating Compounds Act, | ||||||
18 | or methamphetamine as listed in the Methamphetamine | ||||||
19 | Control and Community Protection Act is established by a
| ||||||
20 | subsequent
analysis of blood, other bodily substance, or | ||||||
21 | urine collected at the time of arrest, the arresting
| ||||||
22 | officer or arresting agency shall give notice as provided | ||||||
23 | in this Section or by
deposit in the United States mail of | ||||||
24 | the notice in an envelope with postage
prepaid and | ||||||
25 | addressed to the person at his or her address as shown on | ||||||
26 | the Uniform
Traffic Ticket and the statutory summary |
| |||||||
| |||||||
1 | suspension and disqualification shall begin as provided in
| ||||||
2 | paragraph (g). | ||||||
3 | (1.5) The officer shall confiscate any Illinois | ||||||
4 | driver's license or
permit on the person at the time of | ||||||
5 | arrest. If the person has a valid driver's
license or | ||||||
6 | permit, the officer shall issue the person a receipt, in
a | ||||||
7 | form prescribed by the Secretary of State, that will allow | ||||||
8 | that person
to drive during the periods provided for in | ||||||
9 | paragraph (g). The officer
shall immediately forward the | ||||||
10 | driver's license or permit to the circuit
court of venue | ||||||
11 | along with the sworn report provided for in
paragraph (d). | ||||||
12 | (2) (Blank). | ||||||
13 | (g) The statutory summary suspension or revocation and | ||||||
14 | disqualification
referred to in this Section shall
take effect | ||||||
15 | on the 46th day following the date the notice of the statutory
| ||||||
16 | summary suspension or revocation was given to the person. | ||||||
17 | (h) The following procedure shall apply
whenever a person | ||||||
18 | is arrested for any offense as defined in Section 11-501
or a | ||||||
19 | similar provision of a local ordinance: | ||||||
20 | Upon receipt of the sworn report from the law enforcement | ||||||
21 | officer,
the Secretary of State shall confirm the statutory | ||||||
22 | summary suspension or revocation by
mailing a notice of the | ||||||
23 | effective date of the suspension or revocation to the person | ||||||
24 | and
the court of venue. The Secretary of State shall also mail | ||||||
25 | notice of the effective date of the disqualification to the | ||||||
26 | person. However, should the sworn report be defective by not
|
| |||||||
| |||||||
1 | containing sufficient information or be completed in error, the
| ||||||
2 | confirmation of the statutory summary suspension or revocation | ||||||
3 | shall not be mailed to the
person or entered to the record; | ||||||
4 | instead, the sworn report shall
be
forwarded to the court of | ||||||
5 | venue with a copy returned to the issuing agency
identifying | ||||||
6 | any defect. | ||||||
7 | (i) As used in this Section, "personal injury" includes any | ||||||
8 | Type A injury as indicated on the traffic accident report | ||||||
9 | completed by a law enforcement officer that requires immediate | ||||||
10 | professional attention in either a doctor's office or a medical | ||||||
11 | facility. A Type A injury includes severely bleeding wounds, | ||||||
12 | distorted extremities, and injuries that require the injured | ||||||
13 | party to be carried from the scene. | ||||||
14 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||||||
15 | 99-467, eff. 1-1-16 .)
| ||||||
16 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||||||
17 | Sec. 11-501.2. Chemical and other tests.
| ||||||
18 | (a) Upon the trial of any civil or criminal action or | ||||||
19 | proceeding arising out
of an arrest for an offense as defined | ||||||
20 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
21 | pursuant to Section 2-118.1, evidence of the
concentration of | ||||||
22 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
23 | compounds, or any combination thereof in a person's blood
or | ||||||
24 | breath at the time alleged, as determined by analysis of the | ||||||
25 | person's blood,
urine, breath , or other bodily substance, shall |
| |||||||
| |||||||
1 | be admissible. Where such test
is made the following provisions | ||||||
2 | shall apply:
| ||||||
3 | 1. Chemical analyses of the person's blood, urine, | ||||||
4 | breath , or other bodily
substance to be considered valid | ||||||
5 | under the provisions of this Section shall
have been | ||||||
6 | performed according to standards promulgated by the | ||||||
7 | Department of State Police
by
a licensed physician, | ||||||
8 | registered nurse, trained phlebotomist, licensed | ||||||
9 | paramedic, or other individual
possessing a valid permit | ||||||
10 | issued by that Department for
this purpose. The Director of | ||||||
11 | State Police is authorized to approve satisfactory
| ||||||
12 | techniques or methods, to ascertain the qualifications and | ||||||
13 | competence of
individuals to conduct such analyses, to | ||||||
14 | issue permits which shall be subject
to termination or | ||||||
15 | revocation at the discretion of that Department and to
| ||||||
16 | certify the accuracy of breath testing equipment. The | ||||||
17 | Department
of
State Police shall prescribe regulations as | ||||||
18 | necessary to
implement this
Section.
| ||||||
19 | 2. When a person in this State shall submit to a blood | ||||||
20 | test at the request
of a law enforcement officer under the | ||||||
21 | provisions of Section 11-501.1, only a
physician | ||||||
22 | authorized to practice medicine, a licensed physician | ||||||
23 | assistant, a licensed advanced practice nurse, a | ||||||
24 | registered nurse, trained
phlebotomist, or licensed | ||||||
25 | paramedic, or other
qualified person approved by the | ||||||
26 | Department of State Police may withdraw blood
for the |
| |||||||
| |||||||
1 | purpose of determining the alcohol, drug, or alcohol and | ||||||
2 | drug content
therein. This limitation shall not apply to | ||||||
3 | the taking of breath , other bodily substance, or urine
| ||||||
4 | specimens.
| ||||||
5 | When a blood test of a person who has been taken to an | ||||||
6 | adjoining state
for medical treatment is requested by an | ||||||
7 | Illinois law enforcement officer,
the blood may be | ||||||
8 | withdrawn only by a physician authorized to practice
| ||||||
9 | medicine in the adjoining state, a licensed physician | ||||||
10 | assistant, a licensed advanced practice nurse, a | ||||||
11 | registered nurse, a trained
phlebotomist acting under the | ||||||
12 | direction of the physician, or licensed
paramedic. The law
| ||||||
13 | enforcement officer requesting the test shall take custody | ||||||
14 | of the blood
sample, and the blood sample shall be analyzed | ||||||
15 | by a laboratory certified by the
Department of State Police | ||||||
16 | for that purpose.
| ||||||
17 | 3. The person tested may have a physician, or a | ||||||
18 | qualified technician,
chemist, registered nurse, or other | ||||||
19 | qualified person of their own choosing
administer a | ||||||
20 | chemical test or tests in addition to any administered at | ||||||
21 | the
direction of a law enforcement officer. The failure or | ||||||
22 | inability to obtain
an additional test by a person shall | ||||||
23 | not preclude the admission of evidence
relating to the test | ||||||
24 | or tests taken at the direction of a law enforcement
| ||||||
25 | officer.
| ||||||
26 | 4. Upon the request of the person who shall submit to a |
| |||||||
| |||||||
1 | chemical test
or tests at the request of a law enforcement | ||||||
2 | officer, full information
concerning the test or tests | ||||||
3 | shall be made available to the person or such
person's | ||||||
4 | attorney.
| ||||||
5 | 5. Alcohol concentration shall mean either grams of | ||||||
6 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
7 | per 210 liters of breath.
| ||||||
8 | 6. Tetrahydrocannabinol concentration means either 5 | ||||||
9 | nanograms or more of delta-9-tetrahydrocannabinol per | ||||||
10 | milliliter of whole blood or 10 nanograms or more of | ||||||
11 | delta-9-tetrahydrocannabinol per milliliter of other | ||||||
12 | bodily substance. | ||||||
13 | (a-5) Law enforcement officials may use standardized field | ||||||
14 | sobriety tests approved by the National Highway Traffic Safety | ||||||
15 | Administration when conducting investigations of a violation | ||||||
16 | of Section 11-501 or similar local ordinance by drivers | ||||||
17 | suspected of driving under the influence of cannabis. The | ||||||
18 | General Assembly finds that standardized field sobriety tests | ||||||
19 | approved by the National Highway Traffic Safety Administration | ||||||
20 | are divided attention tasks that are intended to determine if a | ||||||
21 | person is under the influence of cannabis. The purpose of these | ||||||
22 | tests is to determine the effect of the use of cannabis on a | ||||||
23 | person's capacity to think and act with ordinary care and | ||||||
24 | therefore operate a motor vehicle safely. Therefore, the | ||||||
25 | results of these standardized field sobriety tests, | ||||||
26 | appropriately administered, shall be admissible in the trial of |
| |||||||
| |||||||
1 | any civil or criminal action or proceeding arising out of an | ||||||
2 | arrest for a cannabis-related offense as defined in Section | ||||||
3 | 11-501 or a similar local ordinance or proceedings under | ||||||
4 | Section 2-118.1 or 2-118.2. Where a test is made the following | ||||||
5 | provisions shall apply: | ||||||
6 | 1. The person tested may have a physician, or a | ||||||
7 | qualified technician, chemist, registered nurse, or other | ||||||
8 | qualified person of their own choosing administer a | ||||||
9 | chemical test or tests in addition to the standardized | ||||||
10 | field sobriety test or tests administered at the direction | ||||||
11 | of a law enforcement officer. The failure or inability to | ||||||
12 | obtain an additional test by a person does not preclude the | ||||||
13 | admission of evidence relating to the test or tests taken | ||||||
14 | at the direction of a law enforcement officer. | ||||||
15 | 2. Upon the request of the person who shall submit to a | ||||||
16 | standardized field sobriety test or tests at the request of | ||||||
17 | a law enforcement officer, full information concerning the | ||||||
18 | test or tests shall be made available to the person or the | ||||||
19 | person's attorney. | ||||||
20 | 3. At the trial of any civil or criminal action or | ||||||
21 | proceeding arising out of an arrest for an offense as | ||||||
22 | defined in Section 11-501 or a similar local ordinance or | ||||||
23 | proceedings under Section 2-118.1 or 2-118.2 in which the | ||||||
24 | results of these standardized field sobriety tests are | ||||||
25 | admitted, the cardholder may present and the trier of fact | ||||||
26 | may consider evidence that the card holder lacked the |
| |||||||
| |||||||
1 | physical capacity to perform the standardized field | ||||||
2 | sobriety tests. | ||||||
3 | (b) Upon the trial of any civil or criminal action or | ||||||
4 | proceeding arising
out of acts alleged to have been committed | ||||||
5 | by any person while driving or
in actual physical control of a | ||||||
6 | vehicle while under the influence of alcohol,
the concentration | ||||||
7 | of alcohol in the person's blood or breath at the time
alleged | ||||||
8 | as shown by analysis of the person's blood, urine, breath, or | ||||||
9 | other
bodily substance shall give rise to the following | ||||||
10 | presumptions:
| ||||||
11 | 1. If there was at that time an alcohol concentration | ||||||
12 | of 0.05 or less,
it shall be presumed that the person was | ||||||
13 | not under the influence of alcohol.
| ||||||
14 | 2. If there was at that time an alcohol concentration | ||||||
15 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
16 | give rise to any
presumption that
the person was or was not | ||||||
17 | under the influence of alcohol, but such fact
may be | ||||||
18 | considered with other competent evidence in determining | ||||||
19 | whether the
person was under the influence of alcohol.
| ||||||
20 | 3. If there was at that time an alcohol concentration | ||||||
21 | of 0.08
or more,
it shall be presumed that the person was | ||||||
22 | under the influence of alcohol.
| ||||||
23 | 4. The foregoing provisions of this Section shall not | ||||||
24 | be construed as
limiting the introduction of any other | ||||||
25 | relevant evidence bearing upon the
question whether the | ||||||
26 | person was under the influence of alcohol.
|
| |||||||
| |||||||
1 | (b-5) Upon the trial of any civil or criminal action or | ||||||
2 | proceeding arising out of acts alleged to have been committed | ||||||
3 | by any person while driving or in actual physical control of a | ||||||
4 | vehicle while under the influence of alcohol, other drug or | ||||||
5 | drugs, intoxicating compound or compounds or any combination | ||||||
6 | thereof, the concentration of cannabis in the person's whole | ||||||
7 | blood or other bodily substance at the time alleged as shown by | ||||||
8 | analysis of the person's blood or other bodily substance shall | ||||||
9 | give rise to the following presumptions: | ||||||
10 | 1. If there was a tetrahydrocannabinol concentration | ||||||
11 | of 5 nanograms or more in whole blood or 10 nanograms or | ||||||
12 | more in an other bodily substance as defined in this | ||||||
13 | Section, it shall be presumed that the person was under the | ||||||
14 | influence of cannabis. | ||||||
15 | 2. If there was at that time a tetrahydrocannabinol | ||||||
16 | concentration of less than 5 nanograms in whole blood or | ||||||
17 | less than 10 nanograms in an other bodily substance, such | ||||||
18 | facts shall not give rise to any
presumption that
the | ||||||
19 | person was or was not under the influence of cannabis, but | ||||||
20 | such fact
may be considered with other competent evidence | ||||||
21 | in determining whether the
person was under the influence | ||||||
22 | of cannabis.
| ||||||
23 | (c) 1. If a person under arrest refuses to submit to a | ||||||
24 | chemical test
under
the provisions of Section 11-501.1, | ||||||
25 | evidence of refusal shall be admissible
in any civil or | ||||||
26 | criminal action or proceeding arising out of acts alleged
to |
| |||||||
| |||||||
1 | have been committed while the person under the influence of | ||||||
2 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
3 | compounds, or
any combination thereof was driving or in actual | ||||||
4 | physical
control of a motor vehicle.
| ||||||
5 | 2. Notwithstanding any ability to refuse under this Code to | ||||||
6 | submit to
these tests or any ability to revoke the implied | ||||||
7 | consent to these tests, if a
law enforcement officer has | ||||||
8 | probable cause to believe that a motor vehicle
driven by or in | ||||||
9 | actual physical control of a person under the influence of
| ||||||
10 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
11 | compounds,
or any combination thereof
has caused the death or
| ||||||
12 | personal injury to another, the law enforcement officer shall | ||||||
13 | request, and that person shall submit, upon the request of a | ||||||
14 | law
enforcement officer, to a chemical test or tests of his or | ||||||
15 | her blood, breath , other bodily substance, or
urine for the | ||||||
16 | purpose of
determining the alcohol content thereof or the | ||||||
17 | presence of any other drug or
combination of both.
| ||||||
18 | This provision does not affect the applicability of or | ||||||
19 | imposition of driver's
license sanctions under Section | ||||||
20 | 11-501.1 of this Code.
| ||||||
21 | 3. For purposes of this Section, a personal injury includes | ||||||
22 | any Type A
injury as indicated on the traffic accident report | ||||||
23 | completed by a law
enforcement officer that requires immediate | ||||||
24 | professional attention in either a
doctor's office or a medical | ||||||
25 | facility. A Type A injury includes severe
bleeding wounds, | ||||||
26 | distorted extremities, and injuries that require the injured
|
| |||||||
| |||||||
1 | party to be carried from the scene.
| ||||||
2 | (d) If a person refuses standardized field sobriety tests | ||||||
3 | under Section 11-501.9 of this Code, evidence of refusal shall | ||||||
4 | be admissible in any civil or criminal action or proceeding | ||||||
5 | arising out of acts committed while the person was driving or | ||||||
6 | in actual physical control of a vehicle and alleged to have | ||||||
7 | been impaired by the use of cannabis. | ||||||
8 | (e) Department of State Police compliance with the changes | ||||||
9 | in this amendatory Act of the 99th General Assembly concerning | ||||||
10 | testing of other bodily substances and tetrahydrocannabinol | ||||||
11 | concentration by Department of State Police laboratories is | ||||||
12 | subject to appropriation and until the Department of State | ||||||
13 | Police adopt standards and completion validation. Any | ||||||
14 | laboratories that test for the presence of cannabis or other | ||||||
15 | drugs under this Article, the Snowmobile Registration and | ||||||
16 | Safety Act, or the Boat Registration and Safety Act must comply | ||||||
17 | with ISO/IEC 17025:2005. | ||||||
18 | (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; | ||||||
19 | 97-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff. | ||||||
20 | 8-15-14; 98-1172, eff. 1-12-15.)
| ||||||
21 | (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
| ||||||
22 | Sec. 11-501.4.
Admissibility of chemical tests of blood , | ||||||
23 | other bodily substance, or urine conducted in
the regular | ||||||
24 | course of providing emergency medical treatment.
| ||||||
25 | (a) Notwithstanding any other provision of law, the results |
| |||||||
| |||||||
1 | of
blood , other bodily substance, or urine tests performed for | ||||||
2 | the purpose of determining the content of alcohol,
other drug | ||||||
3 | or drugs, or intoxicating compound or compounds, or any
| ||||||
4 | combination thereof, of an individual's blood , other bodily | ||||||
5 | substance, or urine conducted upon persons
receiving
medical | ||||||
6 | treatment in a hospital emergency room are admissible in | ||||||
7 | evidence as a
business record exception to the hearsay rule | ||||||
8 | only in prosecutions for any
violation of Section 11-501 of | ||||||
9 | this Code or a similar provision of a local
ordinance, or in | ||||||
10 | prosecutions for reckless homicide brought under the Criminal
| ||||||
11 | Code of 1961 or the Criminal Code of 2012, when each of the | ||||||
12 | following criteria are met:
| ||||||
13 | (1) the chemical tests performed upon an individual's | ||||||
14 | blood , other bodily substance, or urine were ordered
in the
| ||||||
15 | regular course of providing emergency medical treatment | ||||||
16 | and not at the
request of law enforcement authorities;
| ||||||
17 | (2) the chemical tests performed upon an individual's | ||||||
18 | blood , other bodily substance, or urine were performed
by | ||||||
19 | the laboratory routinely used by the hospital; and
| ||||||
20 | (3) results of chemical tests performed upon an | ||||||
21 | individual's blood , other bodily substance, or urine are
| ||||||
22 | admissible into evidence regardless of the time that the | ||||||
23 | records were
prepared.
| ||||||
24 | (b) The confidentiality provisions of law pertaining to | ||||||
25 | medical records
and medical treatment shall not be applicable | ||||||
26 | with regard to chemical tests
performed upon an individual's |
| |||||||
| |||||||
1 | blood , other bodily substance, or urine under the provisions of | ||||||
2 | this Section in
prosecutions as specified in subsection (a) of | ||||||
3 | this Section. No person shall
be liable for civil damages as a | ||||||
4 | result of the evidentiary use of chemical
testing of an | ||||||
5 | individual's blood , other bodily substance, or urine test | ||||||
6 | results under this Section, or as a
result of that person's | ||||||
7 | testimony made available under this Section.
| ||||||
8 | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| ||||||
9 | (625 ILCS 5/11-501.4-1)
| ||||||
10 | Sec. 11-501.4-1.
Reporting of test results of blood , other | ||||||
11 | bodily substance, or urine conducted in
the regular course of | ||||||
12 | providing emergency medical treatment.
| ||||||
13 | (a) Notwithstanding any other provision of law, the results | ||||||
14 | of blood , other bodily substance, or
urine
tests performed for | ||||||
15 | the purpose of determining the content of alcohol, other
drug | ||||||
16 | or drugs, or intoxicating compound or compounds, or any | ||||||
17 | combination
thereof, in an individual's blood , other bodily | ||||||
18 | substance, or urine conducted upon persons
receiving medical | ||||||
19 | treatment in a hospital emergency room for injuries resulting
| ||||||
20 | from a motor vehicle accident shall be disclosed
to the | ||||||
21 | Department
of State Police
or local law enforcement agencies of | ||||||
22 | jurisdiction, upon request.
Such blood , other bodily | ||||||
23 | substance, or urine tests are admissible in evidence as a | ||||||
24 | business record
exception to the hearsay rule only in | ||||||
25 | prosecutions for any violation of Section
11-501 of this Code |
| |||||||
| |||||||
1 | or a similar provision of a local ordinance, or in
prosecutions | ||||||
2 | for reckless homicide brought under the Criminal Code of 1961 | ||||||
3 | or the Criminal Code of 2012.
| ||||||
4 | (b) The confidentiality provisions of law pertaining to | ||||||
5 | medical records and
medical treatment shall not be applicable | ||||||
6 | with regard to tests performed upon
an
individual's blood , | ||||||
7 | other bodily substance, or urine under the provisions of | ||||||
8 | subsection (a) of this
Section. No person shall be liable for | ||||||
9 | civil damages or professional discipline
as a result of the | ||||||
10 | disclosure or reporting of the tests or the evidentiary
use of | ||||||
11 | an
individual's blood , other bodily substance, or urine test | ||||||
12 | results under this Section or Section 11-501.4
or as a result | ||||||
13 | of that person's testimony made available under this Section or
| ||||||
14 | Section 11-501.4, except for willful or wanton misconduct.
| ||||||
15 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
16 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) | ||||||
17 | Sec. 11-501.6. Driver involvement in personal injury or | ||||||
18 | fatal motor
vehicle accident; chemical test. | ||||||
19 | (a) Any person who drives or is in actual control of a | ||||||
20 | motor vehicle
upon the public highways of this State and who | ||||||
21 | has been involved in a
personal injury or fatal motor vehicle | ||||||
22 | accident, shall be deemed to have
given consent to a breath | ||||||
23 | test using a portable device as approved by the
Department of | ||||||
24 | State Police or to a chemical test or tests
of blood, breath, | ||||||
25 | other bodily substance, or
urine for the purpose of determining |
| |||||||
| |||||||
1 | the content of alcohol,
other
drug or drugs, or intoxicating | ||||||
2 | compound or compounds of such
person's blood if arrested as | ||||||
3 | evidenced by the issuance of a Uniform Traffic
Ticket for any | ||||||
4 | violation of the Illinois Vehicle Code or a similar provision | ||||||
5 | of
a local ordinance, with the exception of equipment | ||||||
6 | violations contained in
Chapter 12 of this Code, or similar | ||||||
7 | provisions of local ordinances. The test
or tests shall be | ||||||
8 | administered at the direction of the arresting officer. The
law | ||||||
9 | enforcement agency employing the officer shall designate which | ||||||
10 | of the
aforesaid tests shall be administered. Up to 2 | ||||||
11 | additional tests of A urine or other bodily substance test may | ||||||
12 | be administered even
after a blood or breath test or both has | ||||||
13 | been administered. Compliance with
this Section does not | ||||||
14 | relieve such person from the requirements of Section
11-501.1 | ||||||
15 | of this Code. | ||||||
16 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
17 | in a
condition rendering such person incapable of refusal shall | ||||||
18 | be deemed not to
have withdrawn the consent provided by | ||||||
19 | subsection (a) of this Section. In
addition, if a driver of a | ||||||
20 | vehicle is receiving medical treatment as a
result of a motor | ||||||
21 | vehicle accident, any physician licensed to practice
medicine, | ||||||
22 | licensed physician assistant, licensed advanced practice | ||||||
23 | nurse, registered nurse or a phlebotomist acting under the | ||||||
24 | direction of
a licensed physician shall withdraw blood for | ||||||
25 | testing purposes to ascertain
the presence of alcohol, other | ||||||
26 | drug or drugs, or intoxicating
compound or compounds, upon the |
| |||||||
| |||||||
1 | specific request of a law
enforcement officer. However, no such | ||||||
2 | testing shall be performed until, in
the opinion of the medical | ||||||
3 | personnel on scene, the withdrawal can be made
without | ||||||
4 | interfering with or endangering the well-being of the patient. | ||||||
5 | (c) A person requested to submit to a test as provided | ||||||
6 | above shall be
warned by the law enforcement officer requesting | ||||||
7 | the test that a refusal to
submit to the test, or submission to | ||||||
8 | the test resulting in an alcohol
concentration of 0.08 or more, | ||||||
9 | or testing discloses the presence of cannabis as listed in the | ||||||
10 | Cannabis Control Act with a tetrahydrocannabinol concentration | ||||||
11 | as defined in paragraph 6 of subsection (a) of Section 11-501.2 | ||||||
12 | of this Code, or any amount of a drug, substance,
or | ||||||
13 | intoxicating compound
resulting from the unlawful use or | ||||||
14 | consumption of cannabis, as covered by the
Cannabis Control | ||||||
15 | Act, a controlled substance listed in the Illinois
Controlled | ||||||
16 | Substances Act, an intoxicating compound listed in the Use of
| ||||||
17 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
18 | Methamphetamine Control and Community Protection Act as | ||||||
19 | detected in such person's blood , other bodily substance, or | ||||||
20 | urine, may
result in the suspension of such person's privilege | ||||||
21 | to operate a motor vehicle . If the person is also a CDL holder, | ||||||
22 | he or she shall be
warned by the law enforcement officer | ||||||
23 | requesting the test that a refusal to
submit to the test, or | ||||||
24 | submission to the test resulting in an alcohol
concentration of | ||||||
25 | 0.08 or more, or any amount of a drug, substance,
or | ||||||
26 | intoxicating compound
resulting from the unlawful use or |
| |||||||
| |||||||
1 | consumption of cannabis, as covered by the
Cannabis Control | ||||||
2 | Act, a controlled substance listed in the Illinois
Controlled | ||||||
3 | Substances Act, an intoxicating compound listed in the Use of
| ||||||
4 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
5 | Methamphetamine Control and Community Protection Act as | ||||||
6 | detected in the person's blood, other bodily substance, or | ||||||
7 | urine, and may result in the disqualification of the person's | ||||||
8 | privilege to operate a commercial motor vehicle, as provided in | ||||||
9 | Section 6-514 of this Code , if the person is a CDL holder .
The | ||||||
10 | length of the suspension shall be the same as outlined in | ||||||
11 | Section
6-208.1 of this Code regarding statutory summary | ||||||
12 | suspensions. | ||||||
13 | A person requested to submit to a test shall also | ||||||
14 | acknowledge, in writing, receipt of the warning required under | ||||||
15 | this Section. If the person refuses to acknowledge receipt of | ||||||
16 | the warning, the law enforcement officer shall make a written | ||||||
17 | notation on the warning that the person refused to sign the | ||||||
18 | warning. A person's refusal to sign the warning shall not be | ||||||
19 | evidence that the person was not read the warning. | ||||||
20 | (d) If the person refuses testing or submits to a test | ||||||
21 | which discloses
an alcohol concentration of 0.08 or more, the | ||||||
22 | presence of cannabis as listed in the Cannabis Control Act with | ||||||
23 | a tetrahydrocannabinol concentration as defined in paragraph 6 | ||||||
24 | of subsection (a) of Section 11-501.2 of this Code, or any | ||||||
25 | amount of a drug,
substance,
or intoxicating compound in such | ||||||
26 | person's blood or urine resulting from the
unlawful use or
|
| |||||||
| |||||||
1 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
2 | controlled
substance listed in the Illinois Controlled | ||||||
3 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
4 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
5 | Methamphetamine Control and Community Protection Act, the law
| ||||||
6 | enforcement officer shall immediately submit a sworn report to | ||||||
7 | the Secretary of
State on a form prescribed by the Secretary, | ||||||
8 | certifying that the test or tests
were requested under pursuant | ||||||
9 | to subsection (a) and the person refused to submit to a
test or | ||||||
10 | tests or submitted to testing which disclosed an alcohol | ||||||
11 | concentration
of 0.08 or more, the presence of cannabis as | ||||||
12 | listed in the Cannabis Control Act with a tetrahydrocannabinol | ||||||
13 | concentration as defined in paragraph 6 of subsection (a) of | ||||||
14 | Section 11-501.2 of this Code, or any amount of a drug, | ||||||
15 | substance, or intoxicating
compound
in such
person's blood , | ||||||
16 | other bodily substance, or urine, resulting from the unlawful | ||||||
17 | use or consumption of
cannabis listed in the Cannabis Control | ||||||
18 | Act, a controlled substance
listed in
the Illinois Controlled | ||||||
19 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
20 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
21 | Methamphetamine Control and Community Protection Act. If the | ||||||
22 | person is also a CDL holder and refuses testing or submits to a | ||||||
23 | test which discloses
an alcohol concentration of 0.08 or more, | ||||||
24 | or any amount of a drug,
substance,
or intoxicating compound in | ||||||
25 | the person's blood, other bodily substance, or urine resulting | ||||||
26 | from the
unlawful use or
consumption of cannabis listed in the |
| |||||||
| |||||||
1 | Cannabis Control Act, a controlled
substance listed in the | ||||||
2 | Illinois Controlled Substances Act, an
intoxicating
compound | ||||||
3 | listed in the Use of Intoxicating Compounds Act, or | ||||||
4 | methamphetamine as listed in the Methamphetamine Control and | ||||||
5 | Community Protection Act, the law
enforcement officer shall | ||||||
6 | immediately submit a sworn report to the Secretary of
State on | ||||||
7 | a form prescribed by the Secretary, certifying that the test or | ||||||
8 | tests
were requested under subsection (a) and the person | ||||||
9 | refused to submit to a
test or tests or submitted to testing | ||||||
10 | which disclosed an alcohol concentration
of 0.08 or more, or | ||||||
11 | any amount of a drug, substance, or intoxicating
compound
in | ||||||
12 | such
person's blood, other bodily substance, or urine, | ||||||
13 | resulting from the unlawful use or consumption of
cannabis | ||||||
14 | listed in the Cannabis Control Act, a controlled substance
| ||||||
15 | listed in
the Illinois Controlled Substances Act,
an | ||||||
16 | intoxicating compound listed in
the Use of Intoxicating | ||||||
17 | Compounds Act, or methamphetamine as listed in the | ||||||
18 | Methamphetamine Control and Community Protection Act. | ||||||
19 | Upon receipt of the sworn report of a law enforcement | ||||||
20 | officer, the
Secretary shall enter the suspension and | ||||||
21 | disqualification to the individual's driving record and the
| ||||||
22 | suspension and disqualification shall be effective on the 46th | ||||||
23 | day following the date notice of the
suspension was given to | ||||||
24 | the person. | ||||||
25 | The law enforcement officer submitting the sworn report | ||||||
26 | shall serve immediate
notice of this suspension on the person |
| |||||||
| |||||||
1 | and such suspension and disqualification shall be effective
on | ||||||
2 | the 46th day following the date notice was given. | ||||||
3 | In cases involving a person who is not a CDL holder where | ||||||
4 | the blood alcohol concentration of 0.08 or more,
or blood | ||||||
5 | testing discloses the presence of cannabis as listed in the | ||||||
6 | Cannabis Control Act with a tetrahydrocannabinol concentration | ||||||
7 | as defined in paragraph 6 of subsection (a) of Section 11-501.2 | ||||||
8 | of this Code, or any amount
of a drug, substance, or | ||||||
9 | intoxicating compound resulting from the unlawful
use or
| ||||||
10 | consumption of cannabis as listed in the Cannabis Control Act, | ||||||
11 | a
controlled
substance listed in the Illinois Controlled | ||||||
12 | Substances Act,
an
intoxicating
compound listed in the Use of | ||||||
13 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
14 | Methamphetamine Control and Community Protection Act, is | ||||||
15 | established by a
subsequent analysis of blood , other bodily | ||||||
16 | substance, or urine collected at the time of arrest, the
| ||||||
17 | arresting officer shall give notice as provided in this Section | ||||||
18 | or by deposit
in the United States mail of such notice in an | ||||||
19 | envelope with postage prepaid
and addressed to such person at | ||||||
20 | his or her address as shown on the Uniform Traffic
Ticket and | ||||||
21 | the suspension and disqualification shall be effective on the | ||||||
22 | 46th day following the date
notice was given. | ||||||
23 | In cases involving a person who is a CDL holder where the | ||||||
24 | blood alcohol concentration of 0.08 or more,
or any amount
of a | ||||||
25 | drug, substance, or intoxicating compound resulting from the | ||||||
26 | unlawful
use or
consumption of cannabis as listed in the |
| |||||||
| |||||||
1 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
2 | Illinois Controlled Substances Act,
an
intoxicating
compound | ||||||
3 | listed in the Use of Intoxicating Compounds Act, or | ||||||
4 | methamphetamine as listed in the Methamphetamine Control and | ||||||
5 | Community Protection Act, is established by a
subsequent | ||||||
6 | analysis of blood, other bodily substance, or urine collected | ||||||
7 | at the time of arrest, the
arresting officer shall give notice | ||||||
8 | as provided in this Section or by deposit
in the United States | ||||||
9 | mail of such notice in an envelope with postage prepaid
and | ||||||
10 | addressed to the person at his or her address as shown on the | ||||||
11 | Uniform Traffic
Ticket and the suspension and disqualification | ||||||
12 | shall be effective on the 46th day following the date
notice | ||||||
13 | was given. | ||||||
14 | Upon receipt of the sworn report of a law enforcement | ||||||
15 | officer, the Secretary
shall also give notice of the suspension | ||||||
16 | and disqualification to the driver by mailing a notice of
the | ||||||
17 | effective date of the suspension and disqualification to the | ||||||
18 | individual. However, should the
sworn report be defective by | ||||||
19 | not containing sufficient information or be
completed in error, | ||||||
20 | the notice of the suspension and disqualification shall not be | ||||||
21 | mailed to the
person or entered to the driving record, but | ||||||
22 | rather the sworn report shall be
returned to the issuing law | ||||||
23 | enforcement agency. | ||||||
24 | (e) A driver may contest this suspension of his or her
| ||||||
25 | driving privileges and disqualification of his or her CDL | ||||||
26 | privileges by
requesting an administrative hearing with the |
| |||||||
| |||||||
1 | Secretary in accordance with
Section 2-118 of this Code. At the | ||||||
2 | conclusion of a hearing held under
Section 2-118 of this Code, | ||||||
3 | the Secretary may rescind, continue, or modify the
orders
of | ||||||
4 | suspension and disqualification. If the Secretary does not | ||||||
5 | rescind the orders of suspension and disqualification, a | ||||||
6 | restricted
driving permit may be granted by the Secretary upon | ||||||
7 | application being made and
good cause shown. A restricted | ||||||
8 | driving permit may be granted to relieve undue
hardship to | ||||||
9 | allow driving for employment, educational, and medical | ||||||
10 | purposes as
outlined in Section 6-206 of this Code. The | ||||||
11 | provisions of Section 6-206 of
this Code shall apply. In | ||||||
12 | accordance with 49 C.F.R. 384, the Secretary of State may not | ||||||
13 | issue a restricted driving permit for the operation of a | ||||||
14 | commercial motor vehicle to a person holding a CDL whose | ||||||
15 | driving privileges have been suspended, revoked, cancelled, or | ||||||
16 | disqualified.
| ||||||
17 | (f) (Blank). | ||||||
18 | (g) For the purposes of this Section, a personal injury | ||||||
19 | shall include
any type A injury as indicated on the traffic | ||||||
20 | accident report completed
by a law enforcement officer that | ||||||
21 | requires immediate professional attention
in either a doctor's | ||||||
22 | office or a medical facility. A type A injury shall
include | ||||||
23 | severely bleeding wounds, distorted extremities, and injuries | ||||||
24 | that
require the injured party to be carried from the scene. | ||||||
25 | (Source: P.A. 99-467, eff. 1-1-16 .)
|
| |||||||
| |||||||
1 | (625 ILCS 5/11-501.8)
| ||||||
2 | Sec. 11-501.8. Suspension of driver's license; persons | ||||||
3 | under age 21.
| ||||||
4 | (a) A person who is less than 21 years of age and who | ||||||
5 | drives or
is in actual physical control of a motor vehicle upon | ||||||
6 | the
public highways of this State shall be deemed to have given | ||||||
7 | consent to a
chemical test or tests of blood, breath, other | ||||||
8 | bodily substance, or urine for the purpose of
determining the | ||||||
9 | alcohol content of the person's blood if arrested, as evidenced
| ||||||
10 | by the issuance of a Uniform Traffic Ticket for any violation | ||||||
11 | of the Illinois
Vehicle Code or a similar provision of a local | ||||||
12 | ordinance, if a police officer
has probable cause to believe | ||||||
13 | that the driver has consumed any amount of an
alcoholic | ||||||
14 | beverage based upon evidence of the driver's physical condition | ||||||
15 | or
other first hand knowledge of the police officer. The test | ||||||
16 | or tests shall be
administered at the direction of the | ||||||
17 | arresting officer. The law enforcement
agency employing the | ||||||
18 | officer shall designate which of the aforesaid tests shall
be | ||||||
19 | administered. Up to 2 additional tests of A urine or other | ||||||
20 | bodily substance test may be administered even after a blood or
| ||||||
21 | breath test or both has been administered.
| ||||||
22 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
23 | in a condition
rendering that person incapable of refusal, | ||||||
24 | shall be deemed not to have
withdrawn the consent provided by | ||||||
25 | paragraph (a) of this Section and the test or
tests may be | ||||||
26 | administered subject to the following provisions:
|
| |||||||
| |||||||
1 | (i) Chemical analysis of the person's blood, urine, | ||||||
2 | breath, or
other bodily substance, to be considered valid | ||||||
3 | under the provisions of this
Section, shall have been | ||||||
4 | performed according to standards promulgated by the | ||||||
5 | Department of State
Police
by an individual possessing a | ||||||
6 | valid permit issued by that Department for this
purpose. | ||||||
7 | The Director of State Police is authorized to approve | ||||||
8 | satisfactory
techniques or methods, to ascertain the | ||||||
9 | qualifications and competence of
individuals to conduct | ||||||
10 | analyses, to issue permits that shall be subject to
| ||||||
11 | termination or revocation at the direction of that | ||||||
12 | Department, and to certify
the accuracy of breath testing | ||||||
13 | equipment. The Department of
State Police shall prescribe | ||||||
14 | regulations as necessary.
| ||||||
15 | (ii) When a person submits to a blood test at the | ||||||
16 | request of a law
enforcement officer under the provisions | ||||||
17 | of this Section, only a physician
authorized to practice | ||||||
18 | medicine, a licensed physician assistant, a licensed | ||||||
19 | advanced practice nurse, a registered nurse, or other | ||||||
20 | qualified person
trained in venipuncture and acting under | ||||||
21 | the direction of a licensed physician
may withdraw blood | ||||||
22 | for the purpose of determining the alcohol content therein.
| ||||||
23 | This limitation does not apply to the taking of breath , | ||||||
24 | other bodily substance, or urine specimens.
| ||||||
25 | (iii) The person tested may have a physician, qualified | ||||||
26 | technician,
chemist, registered nurse, or other qualified |
| |||||||
| |||||||
1 | person of his or her own choosing
administer a chemical | ||||||
2 | test or tests in addition to any test or tests
administered | ||||||
3 | at the direction of a law enforcement officer. The failure | ||||||
4 | or
inability to obtain an additional test by a person shall | ||||||
5 | not preclude the
consideration of the previously performed | ||||||
6 | chemical test.
| ||||||
7 | (iv) Upon a request of the person who submits to a | ||||||
8 | chemical test or
tests at the request of a law enforcement | ||||||
9 | officer, full information concerning
the test or tests | ||||||
10 | shall be made available to the person or that person's
| ||||||
11 | attorney.
| ||||||
12 | (v) Alcohol concentration means either grams of | ||||||
13 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
14 | per 210 liters of breath.
| ||||||
15 | (vi) If a driver is receiving medical treatment as a | ||||||
16 | result of a motor
vehicle accident, a physician licensed to | ||||||
17 | practice medicine, licensed physician assistant, licensed | ||||||
18 | advanced practice nurse, registered nurse,
or other | ||||||
19 | qualified person trained in venipuncture and
acting under | ||||||
20 | the direction of a licensed physician shall
withdraw blood | ||||||
21 | for testing purposes to ascertain the presence of alcohol | ||||||
22 | upon
the specific request of a law enforcement officer. | ||||||
23 | However, that testing
shall not be performed until, in the | ||||||
24 | opinion of the medical personnel on scene,
the withdrawal | ||||||
25 | can be made without interfering with or endangering the
| ||||||
26 | well-being of the patient.
|
| |||||||
| |||||||
1 | (c) A person requested to submit to a test as provided | ||||||
2 | above shall be warned
by the law enforcement officer requesting | ||||||
3 | the test that a refusal to submit to
the test, or submission to | ||||||
4 | the test resulting in an alcohol concentration of
more than | ||||||
5 | 0.00, may result in the loss of that person's privilege to | ||||||
6 | operate a
motor vehicle and may result in the disqualification | ||||||
7 | of the person's privilege to operate a commercial motor | ||||||
8 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
9 | person is a CDL holder. The loss of driving privileges shall be | ||||||
10 | imposed in accordance
with Section 6-208.2 of this Code.
| ||||||
11 | A person requested to submit to a test shall also | ||||||
12 | acknowledge, in writing, receipt of the warning required under | ||||||
13 | this Section. If the person refuses to acknowledge receipt of | ||||||
14 | the warning, the law enforcement officer shall make a written | ||||||
15 | notation on the warning that the person refused to sign the | ||||||
16 | warning. A person's refusal to sign the warning shall not be | ||||||
17 | evidence that the person was not read the warning. | ||||||
18 | (d) If the person refuses testing or submits to a test that | ||||||
19 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
20 | enforcement officer shall
immediately submit a sworn report to | ||||||
21 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
22 | State, certifying that the test or tests were
requested under | ||||||
23 | subsection (a) and the person refused to submit to a test
or | ||||||
24 | tests or submitted to testing which disclosed an alcohol | ||||||
25 | concentration of
more than 0.00. The law enforcement officer | ||||||
26 | shall submit the same sworn report
when a person under the age |
| |||||||
| |||||||
1 | of 21 submits to testing under Section
11-501.1 of this Code | ||||||
2 | and the testing discloses an alcohol concentration of
more than | ||||||
3 | 0.00 and less than 0.08.
| ||||||
4 | Upon receipt of the sworn report of a law enforcement | ||||||
5 | officer, the Secretary
of State shall enter the suspension and | ||||||
6 | disqualification on the individual's driving
record and the | ||||||
7 | suspension and disqualification shall be effective on the 46th | ||||||
8 | day following the date
notice of the suspension was given to | ||||||
9 | the person. If this suspension is the
individual's first | ||||||
10 | driver's license suspension under this Section, reports
| ||||||
11 | received by the Secretary of State under this Section shall, | ||||||
12 | except during the
time the suspension is in effect, be | ||||||
13 | privileged information and for use only by
the courts, police | ||||||
14 | officers, prosecuting authorities, the Secretary of State,
or | ||||||
15 | the individual personally, unless the person is a CDL holder, | ||||||
16 | is operating a commercial motor vehicle or vehicle required to | ||||||
17 | be placarded for hazardous materials, in which case the | ||||||
18 | suspension shall not be privileged.
Reports received by the | ||||||
19 | Secretary of State under this Section shall also be made | ||||||
20 | available to the parent or guardian of a person under the age | ||||||
21 | of 18 years that holds an instruction permit or a graduated | ||||||
22 | driver's license, regardless of whether the suspension is in | ||||||
23 | effect.
| ||||||
24 | The law enforcement officer submitting the sworn report | ||||||
25 | shall serve immediate
notice of this suspension on the person | ||||||
26 | and the suspension and disqualification shall
be effective on |
| |||||||
| |||||||
1 | the 46th day following the date notice was given.
| ||||||
2 | In cases where the blood alcohol concentration of more than | ||||||
3 | 0.00 is
established by a subsequent analysis of blood , other | ||||||
4 | bodily substance, or urine, the police officer or
arresting | ||||||
5 | agency shall give notice as provided in this Section or by | ||||||
6 | deposit
in the United States mail of that notice in an envelope | ||||||
7 | with postage prepaid
and addressed to that person at his last | ||||||
8 | known address and the loss of driving
privileges shall be | ||||||
9 | effective on the 46th day following the date notice was
given.
| ||||||
10 | Upon receipt of the sworn report of a law enforcement | ||||||
11 | officer, the Secretary
of State shall also give notice of the | ||||||
12 | suspension and disqualification to the driver
by mailing a | ||||||
13 | notice of the effective date of the suspension and | ||||||
14 | disqualification to the individual.
However, should the sworn | ||||||
15 | report be defective by not containing sufficient
information or | ||||||
16 | be completed in error, the notice of the suspension and | ||||||
17 | disqualification shall not be mailed to the person or entered | ||||||
18 | to the driving record,
but rather the sworn report shall be | ||||||
19 | returned to the issuing law enforcement
agency.
| ||||||
20 | (e) A driver may contest this suspension and | ||||||
21 | disqualification by requesting an
administrative hearing with | ||||||
22 | the Secretary of State in accordance with Section
2-118 of this | ||||||
23 | Code. An individual whose blood alcohol concentration is shown
| ||||||
24 | to be more than 0.00 is not subject to this Section if he or she | ||||||
25 | consumed
alcohol in the performance of a religious service or | ||||||
26 | ceremony. An individual
whose blood alcohol concentration is |
| |||||||
| |||||||
1 | shown to be more than 0.00 shall not be
subject to this Section | ||||||
2 | if the individual's blood alcohol concentration
resulted only | ||||||
3 | from ingestion of the prescribed or recommended dosage of
| ||||||
4 | medicine that contained alcohol. The petition for that hearing | ||||||
5 | shall not stay
or delay the effective date of the impending | ||||||
6 | suspension. The scope of this
hearing shall be limited to the | ||||||
7 | issues of:
| ||||||
8 | (1) whether the police officer had probable cause to | ||||||
9 | believe that the
person was driving or in actual physical | ||||||
10 | control of a motor vehicle upon the
public highways of the | ||||||
11 | State and the police officer had reason to believe that
the | ||||||
12 | person was in violation of any provision of the Illinois | ||||||
13 | Vehicle Code or a
similar provision of a local ordinance; | ||||||
14 | and
| ||||||
15 | (2) whether the person was issued a Uniform Traffic | ||||||
16 | Ticket for any
violation of the Illinois Vehicle Code or a | ||||||
17 | similar provision of a local
ordinance; and
| ||||||
18 | (3) whether the police officer had probable cause to | ||||||
19 | believe that the
driver
had consumed any amount of an | ||||||
20 | alcoholic beverage based upon the driver's
physical | ||||||
21 | actions or other first-hand knowledge of the police | ||||||
22 | officer; and
| ||||||
23 | (4) whether the person, after being advised by the | ||||||
24 | officer that the
privilege to operate a motor vehicle would | ||||||
25 | be suspended if the person refused
to submit to and | ||||||
26 | complete the test or tests, did refuse to submit to or
|
| |||||||
| |||||||
1 | complete the test or tests to determine the person's | ||||||
2 | alcohol concentration;
and
| ||||||
3 | (5) whether the person, after being advised by the | ||||||
4 | officer that the
privileges to operate a motor vehicle | ||||||
5 | would be suspended if the person submits
to a chemical test | ||||||
6 | or tests and the test or tests disclose an alcohol
| ||||||
7 | concentration of more than 0.00, did submit to and
complete | ||||||
8 | the
test or tests that determined an alcohol concentration | ||||||
9 | of more than 0.00; and
| ||||||
10 | (6) whether the test result of an alcohol concentration | ||||||
11 | of more than 0.00
was based upon the person's consumption | ||||||
12 | of alcohol in the performance of a
religious service or | ||||||
13 | ceremony; and
| ||||||
14 | (7) whether the test result of an alcohol concentration | ||||||
15 | of more than 0.00
was based upon the person's consumption | ||||||
16 | of alcohol through ingestion of the
prescribed or | ||||||
17 | recommended dosage of medicine.
| ||||||
18 | At the conclusion of the hearing held under Section 2-118 | ||||||
19 | of
this Code, the Secretary of State may rescind, continue, or | ||||||
20 | modify the suspension and disqualification. If the Secretary of | ||||||
21 | State does not rescind the suspension and disqualification, a
| ||||||
22 | restricted driving permit may be granted by the Secretary of | ||||||
23 | State upon
application being made and good cause shown. A | ||||||
24 | restricted driving permit may be
granted to relieve undue | ||||||
25 | hardship by allowing driving for employment,
educational, and | ||||||
26 | medical purposes as outlined in item (3) of part (c) of
Section |
| |||||||
| |||||||
1 | 6-206 of this Code. The provisions of item (3) of part (c) of | ||||||
2 | Section
6-206 of this Code and of subsection (f) of that | ||||||
3 | Section shall apply. The Secretary of State shall promulgate | ||||||
4 | rules
providing for participation in an alcohol education and | ||||||
5 | awareness program or
activity, a drug education and awareness | ||||||
6 | program or activity, or both as a
condition to the issuance of | ||||||
7 | a restricted driving permit for suspensions
imposed under this | ||||||
8 | Section.
| ||||||
9 | (f) The results of any chemical testing performed in | ||||||
10 | accordance with
subsection (a) of this Section are not | ||||||
11 | admissible in any civil or criminal
proceeding, except that the | ||||||
12 | results of the testing may be considered at a
hearing held | ||||||
13 | under Section 2-118 of this Code. However, the results of
the | ||||||
14 | testing may not be used to impose driver's license sanctions | ||||||
15 | under
Section 11-501.1 of this Code. A law enforcement officer | ||||||
16 | may, however, pursue
a statutory summary suspension or | ||||||
17 | revocation of driving privileges under Section 11-501.1 of
this | ||||||
18 | Code if other physical evidence or first hand knowledge forms | ||||||
19 | the basis
of that suspension or revocation.
| ||||||
20 | (g) This Section applies only to drivers who are under
age | ||||||
21 | 21 at the time of the issuance of a Uniform Traffic Ticket for | ||||||
22 | a
violation of the Illinois Vehicle Code or a similar provision | ||||||
23 | of a local
ordinance, and a chemical test request is made under | ||||||
24 | this Section.
| ||||||
25 | (h) The action of the Secretary of State in suspending, | ||||||
26 | revoking, cancelling, or
disqualifying any license or
permit |
| |||||||
| |||||||
1 | shall be
subject to judicial review in the Circuit Court of | ||||||
2 | Sangamon County or in the
Circuit Court of Cook County, and the | ||||||
3 | provisions of the Administrative Review
Law and its rules are | ||||||
4 | hereby adopted and shall apply to and govern every action
for | ||||||
5 | the judicial review of final acts or decisions of the Secretary | ||||||
6 | of State
under this Section.
| ||||||
7 | (Source: P.A. 99-467, eff. 1-1-16 .)
| ||||||
8 | (625 ILCS 5/11-507) | ||||||
9 | Sec. 11-507. Supervising a minor driver while under the | ||||||
10 | influence of alcohol, other drug or drugs, intoxicating | ||||||
11 | compound or compounds or any combination thereof. | ||||||
12 | (a) A person shall not accompany or provide instruction, | ||||||
13 | pursuant to subsection (a) of Section 6-107.1 of this Code, to | ||||||
14 | a driver who is a minor and driving a motor vehicle pursuant to | ||||||
15 | an instruction permit under Section 6-107.1 of this Code, | ||||||
16 | while: | ||||||
17 | (1) the alcohol concentration in the person's blood , | ||||||
18 | other bodily substance,
or breath is 0.08 or more based on | ||||||
19 | the definition of blood and breath units in Section | ||||||
20 | 11-501.2 of this Code; | ||||||
21 | (2) under the influence of alcohol; | ||||||
22 | (3) under the influence of any intoxicating compound
or | ||||||
23 | combination of intoxicating compounds to a degree that | ||||||
24 | renders the person incapable of properly supervising or | ||||||
25 | providing instruction to the minor driver; |
| |||||||
| |||||||
1 | (4) under the influence of any other drug or
| ||||||
2 | combination of drugs to a degree that renders the person | ||||||
3 | incapable of properly supervising or providing instruction | ||||||
4 | to the minor driver; | ||||||
5 | (5) under the combined influence of alcohol, other
drug | ||||||
6 | or drugs, or intoxicating compound or compounds to a degree | ||||||
7 | that renders the person incapable of properly supervising | ||||||
8 | or providing instruction to the minor driver; or | ||||||
9 | (6) there is any amount of a drug, substance, or
| ||||||
10 | compound in the person's breath, blood, other bodily | ||||||
11 | substance, or urine resulting from the unlawful use or | ||||||
12 | consumption of cannabis listed in the Cannabis Control Act, | ||||||
13 | a controlled substance listed in the Illinois Controlled | ||||||
14 | Substances Act, an intoxicating compound listed in the Use | ||||||
15 | of Intoxicating Compounds Act, or methamphetamine as | ||||||
16 | listed in the Methamphetamine Control and Community | ||||||
17 | Protection Act. | ||||||
18 | (b) A person found guilty of violating this Section is | ||||||
19 | guilty of an offense against the regulations governing the | ||||||
20 | movement of vehicles.
| ||||||
21 | (Source: P.A. 96-1237, eff. 1-1-11.)
| ||||||
22 | Section 25. The Snowmobile Registration and Safety Act is | ||||||
23 | amended by changing Sections 5-7, 5-7.1, 5-7.2, 5-7.4, and | ||||||
24 | 5-7.6 as follows:
|
| |||||||
| |||||||
1 | (625 ILCS 40/5-7)
| ||||||
2 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
3 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
4 | compounds, or a combination of
them; criminal penalties; | ||||||
5 | suspension of operating privileges. | ||||||
6 | (a) A person may not operate or be in actual physical | ||||||
7 | control of a
snowmobile within this State
while:
| ||||||
8 | 1. The alcohol concentration in that person's blood , | ||||||
9 | other bodily substance, or breath is a
concentration at | ||||||
10 | which driving a motor vehicle is prohibited under
| ||||||
11 | subdivision (1) of subsection (a) of
Section 11-501 of the | ||||||
12 | Illinois Vehicle Code;
| ||||||
13 | 2. The person is under the influence of alcohol;
| ||||||
14 | 3. The person is under the influence of any other drug | ||||||
15 | or combination of
drugs to a degree that renders that | ||||||
16 | person incapable of safely operating a
snowmobile;
| ||||||
17 | 3.1. The person is under the influence of any | ||||||
18 | intoxicating compound or
combination of intoxicating | ||||||
19 | compounds to a degree that renders the person
incapable of | ||||||
20 | safely operating a snowmobile;
| ||||||
21 | 4. The person is under the combined influence of | ||||||
22 | alcohol and any other
drug or drugs or intoxicating | ||||||
23 | compound or compounds to a degree that
renders that person | ||||||
24 | incapable of safely
operating a snowmobile; or
| ||||||
25 | (4.3) The person who is not a CDL holder has a | ||||||
26 | tetrahydrocannabinol concentration in the person's whole |
| |||||||
| |||||||
1 | blood or other bodily substance at which driving a motor | ||||||
2 | vehicle is prohibited under
subdivision (7) of subsection | ||||||
3 | (a) of
Section 11-501 of the Illinois Vehicle Code; | ||||||
4 | (4.5) The person who is a CDL holder has any amount of | ||||||
5 | a drug, substance, or
compound in the person's breath, | ||||||
6 | blood, other bodily substance, or urine resulting from the | ||||||
7 | unlawful use or consumption of cannabis listed in the | ||||||
8 | Cannabis Control Act; or
| ||||||
9 | 5. There is any amount of a drug, substance, or | ||||||
10 | compound in that person's
breath, blood, other bodily | ||||||
11 | substance, or urine resulting from the unlawful use or | ||||||
12 | consumption
of a cannabis
listed in the Cannabis Control | ||||||
13 | Act, controlled substance listed in the
Illinois | ||||||
14 | Controlled Substances Act, methamphetamine as listed in | ||||||
15 | the Methamphetamine Control and Community Protection Act, | ||||||
16 | or intoxicating compound listed in the
use
of Intoxicating | ||||||
17 | Compounds Act.
| ||||||
18 | (b) The fact that a person charged with violating this | ||||||
19 | Section is or has
been legally entitled to use alcohol, other | ||||||
20 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
21 | combination of them does not constitute a
defense against a | ||||||
22 | charge of violating this Section.
| ||||||
23 | (c) Every person convicted of violating this Section or a | ||||||
24 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
25 | misdemeanor, except as otherwise provided in this Section.
| ||||||
26 | (c-1) As used in this Section, "first time offender" means |
| |||||||
| |||||||
1 | any person who has not had a previous conviction or been | ||||||
2 | assigned supervision for violating this Section or a similar | ||||||
3 | provision of a local ordinance, or any person who has not had a | ||||||
4 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
5 | (c-2) For purposes of this Section, the following are | ||||||
6 | equivalent to a conviction: | ||||||
7 | (1) a forfeiture of bail or collateral deposited to | ||||||
8 | secure a defendant's appearance in court when forfeiture | ||||||
9 | has not been vacated; or | ||||||
10 | (2) the failure of a defendant to appear for trial.
| ||||||
11 | (d) Every person convicted of violating this Section is | ||||||
12 | guilty of a
Class 4 felony if:
| ||||||
13 | 1. The person has a previous conviction under this | ||||||
14 | Section;
| ||||||
15 | 2. The offense results in personal injury where a | ||||||
16 | person other than the
operator suffers great bodily harm or | ||||||
17 | permanent disability or disfigurement,
when the violation | ||||||
18 | was a proximate cause of the injuries.
A person guilty of a | ||||||
19 | Class 4 felony under this paragraph 2, if sentenced to a
| ||||||
20 | term of imprisonment, shall be sentenced to not less than | ||||||
21 | one year nor more
than
12 years; or
| ||||||
22 | 3. The offense occurred during a period in which the | ||||||
23 | person's privileges
to
operate a snowmobile are revoked or | ||||||
24 | suspended, and the revocation or
suspension was for a | ||||||
25 | violation of this Section or was imposed under Section
| ||||||
26 | 5-7.1.
|
| |||||||
| |||||||
1 | (e) Every person convicted of violating this Section is | ||||||
2 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
3 | of a person.
A person guilty of a Class 2 felony under this | ||||||
4 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
5 | be sentenced to a term of not less than 3 years
and not more | ||||||
6 | than 14 years.
| ||||||
7 | (e-1) Every person convicted of violating this Section or a | ||||||
8 | similar
provision of a local ordinance who had a child under | ||||||
9 | the age of 16 on board the
snowmobile at the time of offense | ||||||
10 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
11 | be subject to a mandatory minimum of 5 days of community
| ||||||
12 | service in a program benefiting children. The assignment under | ||||||
13 | this subsection
shall not be subject to suspension nor shall | ||||||
14 | the person be eligible for
probation in order to reduce the | ||||||
15 | assignment.
| ||||||
16 | (e-2) Every person found guilty of violating this Section, | ||||||
17 | whose operation
of
a snowmobile while in violation of this | ||||||
18 | Section proximately caused any incident
resulting in an | ||||||
19 | appropriate emergency response, shall be liable for the expense
| ||||||
20 | of an emergency response as provided in subsection (i) of | ||||||
21 | Section 11-501.01 of the Illinois Vehicle Code.
| ||||||
22 | (e-3) In addition to any other penalties and liabilities, a | ||||||
23 | person who is
found guilty of violating this Section, including | ||||||
24 | any person placed on court
supervision, shall be fined $100, | ||||||
25 | payable to the circuit clerk, who shall
distribute the money to | ||||||
26 | the law enforcement agency that made the arrest. In the
event |
| |||||||
| |||||||
1 | that more than one agency is responsible for the arrest, the | ||||||
2 | $100
shall be shared equally. Any moneys received by a law | ||||||
3 | enforcement agency under
this subsection (e-3) shall be used to | ||||||
4 | purchase law enforcement equipment or to
provide law | ||||||
5 | enforcement training that will assist in the prevention of | ||||||
6 | alcohol
related criminal violence throughout the State. Law | ||||||
7 | enforcement equipment shall
include, but is not limited to, | ||||||
8 | in-car video cameras, radar and laser speed
detection devices, | ||||||
9 | and alcohol breath testers.
| ||||||
10 | (f) In addition to any criminal penalties imposed, the
| ||||||
11 | Department of Natural Resources shall suspend the
snowmobile | ||||||
12 | operation privileges of
a person convicted or found guilty of a | ||||||
13 | misdemeanor under this
Section for a period of one
year, except | ||||||
14 | that first-time offenders are exempt from
this mandatory one | ||||||
15 | year suspension.
| ||||||
16 | (g) In addition to any criminal penalties imposed, the | ||||||
17 | Department of Natural
Resources shall suspend for a period of 5 | ||||||
18 | years the snowmobile operation
privileges of any person | ||||||
19 | convicted or found guilty of a felony under this
Section.
| ||||||
20 | (Source: P.A. 95-149, eff. 8-14-07; 96-1000, eff. 7-2-10.)
| ||||||
21 | (625 ILCS 40/5-7.1)
| ||||||
22 | Sec. 5-7.1. Implied consent.
| ||||||
23 | (a) A person who operates or is in actual physical control | ||||||
24 | of a
snowmobile in this State is deemed to have
given consent | ||||||
25 | to a chemical test or tests of blood, breath, other bodily |
| |||||||
| |||||||
1 | substance, or urine for the
purpose of determining the content | ||||||
2 | of alcohol, other drug or
drugs, intoxicating compound or | ||||||
3 | compounds, or a combination of them in that person's blood or | ||||||
4 | other bodily substance, if
arrested for a violation of Section | ||||||
5 | 5-7. The chemical test or tests shall
be
administered at the | ||||||
6 | direction of the arresting officer. The law enforcement
agency | ||||||
7 | employing the officer shall designate which tests shall be
| ||||||
8 | administered. Up to 2 additional tests of A urine or other | ||||||
9 | bodily substance test may be administered even after a blood or | ||||||
10 | breath
test or both has been administered.
| ||||||
11 | (a-1) For the purposes of this Section, an Illinois law | ||||||
12 | enforcement
officer of this State who is investigating the | ||||||
13 | person for any offense defined
in Section 5-7 may travel into | ||||||
14 | an adjoining state, where the person has been
transported for | ||||||
15 | medical care to complete an investigation and to request that
| ||||||
16 | the person submit to the test or tests set forth in this | ||||||
17 | Section. The
requirements of this Section that the person be | ||||||
18 | arrested are inapplicable, but
the officer shall issue the | ||||||
19 | person a uniform citation for an offense as defined
in Section | ||||||
20 | 5-7 or a similar provision of a local ordinance prior to | ||||||
21 | requesting
that the person submit to the test or tests. The | ||||||
22 | issuance of the uniform
citation shall not
constitute an | ||||||
23 | arrest, but shall be for the purpose of notifying the person | ||||||
24 | that
he or she is subject to the provisions of this Section and | ||||||
25 | of the officer's
belief of the existence of probable cause to | ||||||
26 | arrest. Upon returning to this
State, the officer shall file |
| |||||||
| |||||||
1 | the uniform citation with the circuit clerk of
the county where | ||||||
2 | the offense was committed and shall seek the issuance of an
| ||||||
3 | arrest warrant or a summons for the person.
| ||||||
4 | (a-2) Notwithstanding any ability to refuse under this Act | ||||||
5 | to submit to
these
tests or any ability to revoke the implied | ||||||
6 | consent to these tests, if a law
enforcement officer has | ||||||
7 | probable cause to believe that a snowmobile operated by
or | ||||||
8 | under actual physical control of a person under the influence | ||||||
9 | of alcohol,
other drug or drugs, intoxicating
compound or | ||||||
10 | compounds, or any combination of them has caused the death or
| ||||||
11 | personal injury to another, that person shall submit, upon the | ||||||
12 | request of a law
enforcement officer, to a chemical test or | ||||||
13 | tests of his or her blood, breath,
other bodily substance, or
| ||||||
14 | urine for the purpose of determining the alcohol content or the
| ||||||
15 | presence of any other drug or combination of both. For the | ||||||
16 | purposes of this
Section, a personal injury includes severe | ||||||
17 | bleeding wounds, distorted
extremities, and injuries that | ||||||
18 | require the injured party to be carried from the
scene for | ||||||
19 | immediate professional attention in either a doctor's office or | ||||||
20 | a
medical facility.
| ||||||
21 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
22 | in a condition
rendering that person incapable of refusal, is | ||||||
23 | deemed not to have
withdrawn the consent provided in subsection | ||||||
24 | (a), and the test or tests may
be administered.
| ||||||
25 | (c) A person requested to submit to a test as provided in | ||||||
26 | this Section shall
be verbally advised by the law enforcement |
| |||||||
| |||||||
1 | officer requesting the test that a
refusal to submit to the | ||||||
2 | test will result in suspension of that person's
privilege to | ||||||
3 | operate a snowmobile for a minimum of 2 years.
| ||||||
4 | (d) Following this warning, if a person under arrest | ||||||
5 | refuses upon the
request of a law enforcement officer to submit | ||||||
6 | to a test designated by the
officer, no tests may be given, but | ||||||
7 | the law enforcement officer
shall file with
the clerk of the | ||||||
8 | circuit court for the county in which the arrest was made,
and | ||||||
9 | with the Department of Natural Resources, a
sworn statement | ||||||
10 | naming the person refusing to take and complete the
chemical | ||||||
11 | test or
tests requested under the provisions of this Section. | ||||||
12 | The sworn statement
shall identify the arrested person, the | ||||||
13 | person's current residence address and
shall specify that a | ||||||
14 | refusal by that person to take the chemical test or
tests was | ||||||
15 | made.
The sworn statement shall include a statement
that the | ||||||
16 | officer had reasonable cause to believe the person was | ||||||
17 | operating or
was in actual physical control of the
snowmobile | ||||||
18 | within this State while under the influence of alcohol,
other | ||||||
19 | drug or drugs, an intoxicating compound or compound, or a | ||||||
20 | combination
of them
and that a chemical test or tests were | ||||||
21 | requested as an incident to and
following the
lawful
arrest for | ||||||
22 | an offense as defined in Section 5-7 or a similar provision of | ||||||
23 | a
local ordinance, and that the person, after being arrested | ||||||
24 | for an offense
arising out of acts alleged to have been | ||||||
25 | committed while operating a
snowmobile,
refused to submit to | ||||||
26 | and complete a chemical test or tests as requested by
the law
|
| |||||||
| |||||||
1 | enforcement officer.
| ||||||
2 | (e) The law enforcement officer submitting the sworn | ||||||
3 | statement shall serve
immediate written notice upon the person | ||||||
4 | refusing the chemical test or tests
that the person's privilege | ||||||
5 | to operate a snowmobile within this State will be
suspended for | ||||||
6 | a period of 2 years unless, within
28 days from the date of the | ||||||
7 | notice, the person requests in writing a hearing
on the | ||||||
8 | suspension.
| ||||||
9 | If the person desires a hearing, the person shall file a | ||||||
10 | complaint in the
circuit court in the county where that person | ||||||
11 | was arrested within 28 days from
the date of the notice.
The | ||||||
12 | hearing shall proceed in the court in the same manner as other | ||||||
13 | civil
proceedings. The hearing shall cover only the following | ||||||
14 | issues: (1) whether
the person was placed under
arrest for an | ||||||
15 | offense as defined in Section 5-7 or a similar provision of a
| ||||||
16 | local
ordinance as evidenced by the issuance of a uniform | ||||||
17 | citation; (2) whether the
arresting officer had reasonable | ||||||
18 | grounds to believe that the person was
operating a snowmobile | ||||||
19 | while under the influence of alcohol, other
drug or
drugs, an | ||||||
20 | intoxicating compound or compounds, or a combination of them; | ||||||
21 | and
(3) whether that person refused to submit to and complete | ||||||
22 | the chemical
test or tests upon
the
request of the law | ||||||
23 | enforcement officer. Whether the person was informed that
the | ||||||
24 | person's privilege to operate a snowmobile would be suspended | ||||||
25 | if that
person refused to submit to the chemical test or tests | ||||||
26 | may not be an issue
in the hearing.
|
| |||||||
| |||||||
1 | If the person fails to request a hearing in writing within | ||||||
2 | 28 days of the
date of the notice, or if a hearing is held and | ||||||
3 | the court finds against the
person on the issues before the | ||||||
4 | court,
the clerk shall immediately notify the Department of | ||||||
5 | Natural Resources, and the Department shall suspend the | ||||||
6 | snowmobile operation
privileges of
that person for at least 2 | ||||||
7 | years.
| ||||||
8 | (f) (Blank).
| ||||||
9 | (f-1) If the person is a CDL holder and submits to a test | ||||||
10 | that discloses an alcohol
concentration of 0.08 or more, or any | ||||||
11 | amount of a drug, substance, or
intoxicating compound in the | ||||||
12 | person's breath, blood, other bodily substance, or urine | ||||||
13 | resulting from
the unlawful use of cannabis listed in the | ||||||
14 | Cannabis Control Act, a controlled
substance listed in the | ||||||
15 | Illinois Controlled Substances Act, methamphetamine as listed | ||||||
16 | in the Methamphetamine Control and Community Protection Act, or | ||||||
17 | an intoxicating
compound listed in the Use of Intoxicating | ||||||
18 | Compounds Act, the law enforcement
officer shall
immediately | ||||||
19 | submit a sworn report to the circuit clerk of venue and the
| ||||||
20 | Department of Natural
Resources, certifying that the test or | ||||||
21 | tests was or were requested under
subsection (a-1) of this | ||||||
22 | Section and the person submitted to testing that
disclosed an | ||||||
23 | alcohol concentration of 0.08 or more , or any amount of a drug, | ||||||
24 | substance, or
intoxicating compound in the person's breath, | ||||||
25 | blood, other bodily substance, or urine resulting from
the | ||||||
26 | unlawful use or consumption of cannabis listed in the Cannabis |
| |||||||
| |||||||
1 | Control Act, a controlled
substance listed in the Illinois | ||||||
2 | Controlled Substances Act, methamphetamine as listed in the | ||||||
3 | Methamphetamine Control and Community Protection Act, or an | ||||||
4 | intoxicating
compound listed in the Use of Intoxicating | ||||||
5 | Compounds Act. If the person is not a CDL holder and submits to | ||||||
6 | a test that discloses
an alcohol concentration of 0.08 or more, | ||||||
7 | a tetrahydrocannabinol concentration in the person's whole | ||||||
8 | blood or other bodily substance as defined in paragraph 6 of | ||||||
9 | subsection (a) of Section 11-501.2 of the Illinois Vehicle | ||||||
10 | Code, or any amount of a drug,
substance,
or intoxicating | ||||||
11 | compound in the person's blood, other bodily substance, or | ||||||
12 | urine resulting from the
unlawful use or
consumption of a | ||||||
13 | controlled
substance listed in the Illinois Controlled | ||||||
14 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
15 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
16 | Methamphetamine Control and Community Protection Act, the law
| ||||||
17 | enforcement officer shall immediately submit a sworn report to | ||||||
18 | the circuit clerk of venue and the
Department of Natural
| ||||||
19 | Resources, certifying that the test or tests
was or were | ||||||
20 | requested under subsection (a-1) and the person submitted to | ||||||
21 | testing that disclosed an alcohol concentration
of 0.08 or | ||||||
22 | more, a tetrahydrocannabinol concentration in the person's | ||||||
23 | whole blood or other bodily substance as defined in paragraph 6 | ||||||
24 | of subsection (a) of Section 11-501.2 of the Illinois Vehicle | ||||||
25 | Code, or any amount of a drug, substance, or intoxicating
| ||||||
26 | compound
in such
person's blood, other bodily substance, or |
| |||||||
| |||||||
1 | urine, resulting from the unlawful use or consumption of
a | ||||||
2 | controlled substance
listed in
the Illinois Controlled | ||||||
3 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
4 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
5 | Methamphetamine Control and Community Protection Act .
| ||||||
6 | In cases involving a person who is a CDL holder where the | ||||||
7 | blood alcohol concentration of 0.08 or greater or any
amount of | ||||||
8 | drug, substance, or compound resulting from the unlawful use of
| ||||||
9 | cannabis, a controlled substance, methamphetamine, or an | ||||||
10 | intoxicating compound is established by
a subsequent analysis | ||||||
11 | of blood , other bodily substance, or urine collected at the | ||||||
12 | time of arrest, the
arresting officer or arresting agency shall | ||||||
13 | immediately submit a sworn report
to the circuit clerk of venue | ||||||
14 | and the Department of Natural Resources upon
receipt of the | ||||||
15 | test results. In cases involving a person who is not a CDL | ||||||
16 | holder where the blood alcohol concentration of 0.08 or | ||||||
17 | greater, a tetrahydrocannabinol concentration in the person's | ||||||
18 | whole blood or other bodily substance as defined in paragraph 6 | ||||||
19 | of subsection (a) of Section 11-501.2 of the Illinois Vehicle | ||||||
20 | Code, or any
amount of drug, substance, or compound resulting | ||||||
21 | from the unlawful use of
a controlled substance, | ||||||
22 | methamphetamine, or an intoxicating compound is established by
| ||||||
23 | a subsequent analysis of blood, other bodily substance, or | ||||||
24 | urine collected at the time of arrest, the
arresting officer or | ||||||
25 | arresting agency shall immediately submit a sworn report
to the | ||||||
26 | circuit clerk of venue and the Department of Natural Resources |
| |||||||
| |||||||
1 | upon
receipt of the test results.
| ||||||
2 | (g) A person must submit to each chemical test offered by | ||||||
3 | the law
enforcement officer
in order to comply with implied | ||||||
4 | consent provisions of this Section.
| ||||||
5 | (h) The provision of Section 11-501.2 of the Illinois | ||||||
6 | Vehicle Code
concerning the certification and use of chemical | ||||||
7 | tests applies to the use of
those tests under this Section.
| ||||||
8 | (Source: P.A. 93-156, eff. 1-1-04.)
| ||||||
9 | (625 ILCS 40/5-7.2)
| ||||||
10 | Sec. 5-7.2. Chemical and other tests.
| ||||||
11 | (a) Upon the trial of a civil or criminal action or | ||||||
12 | proceeding arising out
of
acts alleged to have been committed | ||||||
13 | while under the influence of alcohol , other drug or drugs, | ||||||
14 | intoxicating compound or compounds, or a combination of
them , | ||||||
15 | the
concentration of alcohol , drug, or compound in the person's | ||||||
16 | blood , other bodily substance, or breath at the time alleged as
| ||||||
17 | shown by analysis of the person's blood, urine, breath, or | ||||||
18 | other bodily
substance gives rise to the presumptions specified | ||||||
19 | in
subdivisions 1, 2, and 3 of subsection (b) and subsection | ||||||
20 | (b-5) of Section 11-501.2 of the Illinois
Vehicle Code.
| ||||||
21 | (b) The provisions of subsection (a) shall not be construed | ||||||
22 | as limiting the
introduction of any other relevant evidence | ||||||
23 | bearing upon the question whether
the person was under the | ||||||
24 | influence of alcohol , other drug or drugs, intoxicating | ||||||
25 | compound or compounds, or a combination of
them .
|
| |||||||
| |||||||
1 | (c) If a person under arrest refuses to submit to a | ||||||
2 | chemical test under the
provisions of Section 5-7.1, evidence | ||||||
3 | of refusal is admissible in a
civil or criminal action or | ||||||
4 | proceeding arising out of acts alleged to have been
committed | ||||||
5 | while the person under the influence of alcohol, other
drug or | ||||||
6 | drugs, an intoxicating compound or compounds, or a combination | ||||||
7 | of
them was operating a snowmobile.
| ||||||
8 | (Source: P.A. 93-156, eff. 1-1-04 .)
| ||||||
9 | (625 ILCS 40/5-7.4)
| ||||||
10 | Sec. 5-7.4.
Admissibility of chemical tests of blood , other | ||||||
11 | bodily substance, or urine conducted in the
regular course of | ||||||
12 | providing emergency medical treatment.
| ||||||
13 | (a) Notwithstanding any other provision of law, the results | ||||||
14 | of
blood , other bodily substance, or urine tests performed for | ||||||
15 | the purpose of determining the content of
alcohol, other drug | ||||||
16 | or drugs, intoxicating compound or compounds, or any
| ||||||
17 | combination of them in an individual's blood , other bodily | ||||||
18 | substance, or urine conducted upon persons receiving
medical | ||||||
19 | treatment in a
hospital
emergency room, are admissible in | ||||||
20 | evidence as a business record exception
to the
hearsay rule | ||||||
21 | only in prosecutions for a violation of Section 5-7 of this
Act | ||||||
22 | or a similar provision of a local ordinance or in prosecutions | ||||||
23 | for reckless
homicide brought under the Criminal Code of 1961 | ||||||
24 | or the Criminal Code of 2012.
| ||||||
25 | The results of the tests are admissible only when
each of |
| |||||||
| |||||||
1 | the following criteria are met:
| ||||||
2 | 1. The chemical tests performed upon an individual's | ||||||
3 | blood , other bodily substance, or urine were
ordered
in the
| ||||||
4 | regular course of providing emergency treatment and not at | ||||||
5 | the request of law
enforcement authorities; and
| ||||||
6 | 2. The chemical tests performed upon an individual's | ||||||
7 | blood , other bodily substance, or urine were
performed by | ||||||
8 | the
laboratory routinely used by the hospital.
| ||||||
9 | 3. (Blank).
| ||||||
10 | Results of chemical tests performed upon an individual's | ||||||
11 | blood , other bodily substance, or urine
are
admissible into | ||||||
12 | evidence regardless of the time that the records were
prepared.
| ||||||
13 | (b) The confidentiality provisions of law pertaining to | ||||||
14 | medical records and
medical treatment are not applicable with | ||||||
15 | regard to chemical tests
performed upon a person's blood , other | ||||||
16 | bodily substance, or urine under the provisions of this
Section | ||||||
17 | in prosecutions as specified in
subsection (a) of this Section. | ||||||
18 | No person
shall be liable for civil damages as
a result of the | ||||||
19 | evidentiary use of the results of chemical testing of the
| ||||||
20 | individual's blood , other bodily substance, or urine under this
| ||||||
21 | Section or as a result of that person's testimony made | ||||||
22 | available under this
Section.
| ||||||
23 | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| ||||||
24 | (625 ILCS 40/5-7.6)
| ||||||
25 | Sec. 5-7.6.
Reporting of test results of blood , other |
| |||||||
| |||||||
1 | bodily substance, or urine conducted in the
regular course of | ||||||
2 | providing emergency medical treatment.
| ||||||
3 | (a) Notwithstanding any other provision of law, the results | ||||||
4 | of blood , other bodily substance, or
urine tests performed for | ||||||
5 | the purpose of determining the content of alcohol,
other drug | ||||||
6 | or drugs, intoxicating compound or compounds, or any | ||||||
7 | combination
of them in an individual's blood , other bodily | ||||||
8 | substance, or
urine, conducted upon persons receiving medical | ||||||
9 | treatment in a hospital
emergency room for injuries resulting | ||||||
10 | from a snowmobile accident, shall be
disclosed to the | ||||||
11 | Department of Natural Resources, or local law enforcement
| ||||||
12 | agencies of jurisdiction, upon request. The blood , other bodily | ||||||
13 | substance, or urine tests are
admissible in evidence as a | ||||||
14 | business record exception to the hearsay rule only
in | ||||||
15 | prosecutions for violations of Section 5-7 of this Code or a | ||||||
16 | similar
provision of a local ordinance, or in prosecutions for | ||||||
17 | reckless homicide
brought under the Criminal Code of
1961 or | ||||||
18 | the Criminal Code of 2012.
| ||||||
19 | (b) The confidentiality provisions of the law pertaining to | ||||||
20 | medical records
and medical treatment shall not be applicable | ||||||
21 | with regard to tests performed
upon an individual's blood , | ||||||
22 | other bodily substance, or urine under the provisions of | ||||||
23 | subsection (a) of
this Section. No person shall
be liable for | ||||||
24 | civil damages or professional discipline as a result of
| ||||||
25 | disclosure or reporting of the tests or the evidentiary use of | ||||||
26 | an individual's
blood , other bodily substance, or urine test |
| |||||||
| |||||||
1 | results under this Section or Section 5-7.4 or as a result
of | ||||||
2 | that person's testimony made available under this Section or | ||||||
3 | Section 5-7.4,
except for willful or wanton misconduct.
| ||||||
4 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
5 | Section 30. The Boat Registration and Safety Act is amended | ||||||
6 | by changing Sections 5-16, 5-16a, 5-16a.1, and 5-16c as | ||||||
7 | follows:
| ||||||
8 | (625 ILCS 45/5-16)
| ||||||
9 | Sec. 5-16. Operating a watercraft under the influence of | ||||||
10 | alcohol,
other drug or drugs, intoxicating compound or | ||||||
11 | compounds, or combination
thereof.
| ||||||
12 | (A) 1. A person shall not operate or be in actual physical | ||||||
13 | control of
any
watercraft within this State while:
| ||||||
14 | (a) The alcohol concentration in such person's | ||||||
15 | blood , other bodily substance, or breath is a
| ||||||
16 | concentration at which driving a motor vehicle is | ||||||
17 | prohibited under subdivision
(1) of subsection (a) of
| ||||||
18 | Section 11-501 of the Illinois Vehicle Code;
| ||||||
19 | (b) Under the influence of alcohol;
| ||||||
20 | (c) Under the influence of any other drug or | ||||||
21 | combination of drugs to a
degree which renders such | ||||||
22 | person incapable of safely operating
any watercraft;
| ||||||
23 | (c-1) Under the influence of any intoxicating | ||||||
24 | compound or combination
of
intoxicating compounds to a |
| |||||||
| |||||||
1 | degree that renders the person incapable of safely
| ||||||
2 | operating
any watercraft;
| ||||||
3 | (d) Under the combined influence of alcohol and any | ||||||
4 | other drug or
drugs to a degree which renders such | ||||||
5 | person incapable of safely operating
a watercraft; or
| ||||||
6 | (d-3) The person who is not a CDL holder has a | ||||||
7 | tetrahydrocannabinol concentration in the person's | ||||||
8 | whole blood or other bodily substance at which driving | ||||||
9 | a motor vehicle is prohibited under
subdivision (7) of | ||||||
10 | subsection (a) of
Section 11-501 of the Illinois | ||||||
11 | Vehicle Code; | ||||||
12 | (d-5) The person who is a CDL holder has any amount | ||||||
13 | of a drug, substance, or
compound in the person's | ||||||
14 | breath, blood, other bodily substance, or urine | ||||||
15 | resulting from the unlawful use or consumption of | ||||||
16 | cannabis listed in the Cannabis Control Act; or
| ||||||
17 | (e) There is any amount of a drug, substance, or | ||||||
18 | compound in the
person's blood , other bodily | ||||||
19 | substance, or urine resulting from the unlawful use or | ||||||
20 | consumption of
cannabis listed in the Cannabis Control | ||||||
21 | Act, a
controlled substance
listed in the Illinois | ||||||
22 | Controlled Substances Act, methamphetamine as listed | ||||||
23 | in the Methamphetamine Control and Community | ||||||
24 | Protection Act, or an intoxicating compound
listed in | ||||||
25 | the Use of Intoxicating Compounds Act.
| ||||||
26 | 2. The fact that any person charged with violating this |
| |||||||
| |||||||
1 | Section is or
has been legally entitled to use alcohol, | ||||||
2 | other drug or drugs, any
intoxicating compound or | ||||||
3 | compounds, or any combination of
them, shall not constitute | ||||||
4 | a defense against any charge of
violating this
Section.
| ||||||
5 | 3. Every person convicted of violating this Section | ||||||
6 | shall be guilty of a
Class A misdemeanor, except as | ||||||
7 | otherwise provided in this Section.
| ||||||
8 | 4. Every person convicted of violating this Section | ||||||
9 | shall be guilty of a
Class 4 felony if:
| ||||||
10 | (a) He or she has a previous conviction under this | ||||||
11 | Section;
| ||||||
12 | (b) The offense results in personal injury where a | ||||||
13 | person other than the
operator suffers great bodily | ||||||
14 | harm or permanent disability or disfigurement,
when | ||||||
15 | the violation was a proximate cause of the injuries. A | ||||||
16 | person guilty of a
Class 4 felony under this | ||||||
17 | subparagraph (b), if sentenced
to a term of | ||||||
18 | imprisonment, shall be sentenced to a term of not less | ||||||
19 | than
one year nor more than 12 years; or
| ||||||
20 | (c) The offense occurred during a period in which | ||||||
21 | his or her
privileges
to
operate
a watercraft are | ||||||
22 | revoked or suspended, and the revocation or suspension | ||||||
23 | was for
a
violation of this Section or was imposed | ||||||
24 | under subsection (B).
| ||||||
25 | 5. Every person convicted of violating this Section | ||||||
26 | shall be
guilty of a Class 2 felony if the offense results |
| |||||||
| |||||||
1 | in the death of a
person.
A person guilty of a Class 2 | ||||||
2 | felony under this paragraph 5, if sentenced to a
term of | ||||||
3 | imprisonment, shall be sentenced to a term of not less than | ||||||
4 | 3 years
and not more than 14 years.
| ||||||
5 | 5.1. A person convicted of violating this Section or a | ||||||
6 | similar
provision
of a
local
ordinance who had a child | ||||||
7 | under the age of 16 aboard the watercraft at the
time of | ||||||
8 | offense is
subject to a mandatory minimum fine of $500 and | ||||||
9 | to a mandatory minimum of 5
days of
community service in a | ||||||
10 | program benefiting children. The assignment under this
| ||||||
11 | paragraph 5.1 is
not subject to suspension and the person | ||||||
12 | is not eligible for probation in order
to reduce the
| ||||||
13 | assignment.
| ||||||
14 | 5.2. A person found guilty of violating this Section, | ||||||
15 | if his or her
operation
of a watercraft
while in violation | ||||||
16 | of this Section proximately caused any incident resulting | ||||||
17 | in
an appropriate
emergency response, is liable for the | ||||||
18 | expense of an emergency response as
provided in subsection | ||||||
19 | (m) of Section 11-501 of the Illinois Vehicle Code.
| ||||||
20 | 5.3. In addition to any other penalties and | ||||||
21 | liabilities, a person who is
found
guilty of
violating this | ||||||
22 | Section, including any person placed on court supervision,
| ||||||
23 | shall be fined $100,
payable to the circuit clerk, who | ||||||
24 | shall distribute the money to the law
enforcement agency | ||||||
25 | that
made the arrest. In the event that more than one | ||||||
26 | agency is responsible for the
arrest, the $100
shall be |
| |||||||
| |||||||
1 | shared equally. Any moneys received by a law enforcement | ||||||
2 | agency under
this
paragraph 5.3 shall be used to purchase | ||||||
3 | law enforcement equipment or to provide
law
enforcement | ||||||
4 | training that will assist in the prevention of alcohol | ||||||
5 | related
criminal violence
throughout the State. Law | ||||||
6 | enforcement equipment shall include, but is not
limited to, | ||||||
7 | in-car
video cameras, radar and laser speed detection | ||||||
8 | devices, and alcohol breath
testers.
| ||||||
9 | 6. (a) In addition to any criminal penalties imposed, | ||||||
10 | the Department of
Natural Resources shall suspend the | ||||||
11 | watercraft operation privileges of any
person
| ||||||
12 | convicted or found guilty of a misdemeanor under this | ||||||
13 | Section, a similar provision of a local ordinance, or | ||||||
14 | Title 46 of the U.S. Code of Federal Regulations for a | ||||||
15 | period
of one year, except that a first time offender | ||||||
16 | is exempt from this mandatory
one year suspension.
| ||||||
17 | As used in this subdivision (A)6(a), "first time | ||||||
18 | offender" means any person who has not had a previous | ||||||
19 | conviction or been assigned supervision for violating | ||||||
20 | this Section, a similar provision of a local ordinance | ||||||
21 | or, Title 46 of the U.S. Code of Federal Regulations, | ||||||
22 | or any person who has not had a suspension imposed | ||||||
23 | under subdivision (B)3.1 of Section 5-16.
| ||||||
24 | (b) In addition to any criminal penalties imposed, | ||||||
25 | the Department of
Natural Resources shall suspend the | ||||||
26 | watercraft operation privileges of any
person
|
| |||||||
| |||||||
1 | convicted of a felony under this Section, a similar | ||||||
2 | provision of a local ordinance, or Title 46 of the U.S. | ||||||
3 | Code of Federal Regulations for a period of 3 years.
| ||||||
4 | (B) 1. Any person who operates or is in actual physical | ||||||
5 | control of any
watercraft upon the waters of this
State | ||||||
6 | shall be deemed to have given consent to a chemical test or | ||||||
7 | tests of
blood, breath , other bodily substance, or urine | ||||||
8 | for the purpose of determining the content of
alcohol, | ||||||
9 | other
drug or drugs, intoxicating compound or compounds, or | ||||||
10 | combination thereof
in the person's blood or other bodily | ||||||
11 | substance if arrested for
any offense of subsection (A) | ||||||
12 | above. The chemical test or tests shall be
administered at
| ||||||
13 | the direction of the arresting officer.
The law enforcement | ||||||
14 | agency employing the
officer shall designate which of the | ||||||
15 | tests shall be administered. Up to 2 additional tests of A
| ||||||
16 | urine or other bodily substance test may be
administered | ||||||
17 | even after a blood or breath test or both has been | ||||||
18 | administered.
| ||||||
19 | 1.1. For the purposes of this Section, an Illinois Law | ||||||
20 | Enforcement
officer of
this
State who is investigating the | ||||||
21 | person for any offense defined in Section 5-16
may travel
| ||||||
22 | into an adjoining state, where the person has been | ||||||
23 | transported for medical care
to
complete an investigation, | ||||||
24 | and may request that the person submit to the test
or
tests | ||||||
25 | set
forth in this Section. The requirements of this Section | ||||||
26 | that the person be
arrested are
inapplicable, but the |
| |||||||
| |||||||
1 | officer shall issue the person a uniform citation for an
| ||||||
2 | offense as
defined in Section 5-16 or a similar provision | ||||||
3 | of a local ordinance prior to
requesting that
the person | ||||||
4 | submit to the test or tests. The issuance of the uniform | ||||||
5 | citation
shall not
constitute an arrest, but shall be for | ||||||
6 | the purpose of notifying the person that
he or she is
| ||||||
7 | subject to the provisions of this Section and of the | ||||||
8 | officer's belief in the
existence of
probable cause to | ||||||
9 | arrest. Upon returning to this State, the officer shall | ||||||
10 | file
the uniform
citation with the circuit clerk of the | ||||||
11 | county where the offense was committed
and shall
seek the | ||||||
12 | issuance of an arrest warrant or a summons for the person.
| ||||||
13 | 1.2. Notwithstanding any ability to refuse under this | ||||||
14 | Act to submit to
these
tests
or any ability to revoke the | ||||||
15 | implied consent to these tests, if a law
enforcement | ||||||
16 | officer
has probable cause to believe that a watercraft | ||||||
17 | operated by or under actual
physical
control of a person | ||||||
18 | under the influence of alcohol, other drug or drugs,
| ||||||
19 | intoxicating
compound or compounds, or any combination of | ||||||
20 | them has caused the death of or
personal
injury to another, | ||||||
21 | that person shall submit, upon the request of a law
| ||||||
22 | enforcement officer,
to a chemical test or tests of his or | ||||||
23 | her blood, breath, other bodily substance, or urine for the
| ||||||
24 | purpose of
determining the alcohol content or the presence | ||||||
25 | of any other drug, intoxicating
compound, or
combination
of | ||||||
26 | them. For the purposes of this Section, a personal injury |
| |||||||
| |||||||
1 | includes severe
bleeding
wounds, distorted extremities, | ||||||
2 | and injuries that require the injured party to
be carried
| ||||||
3 | from the scene for immediate professional attention in | ||||||
4 | either a doctor's office
or a
medical facility.
| ||||||
5 | 2. Any person who is dead, unconscious or who is | ||||||
6 | otherwise in a condition
rendering such person incapable of | ||||||
7 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
8 | provided above, and the test may be administered.
| ||||||
9 | 3. A person requested to submit to a chemical test as | ||||||
10 | provided above
shall be
verbally advised by the law | ||||||
11 | enforcement officer requesting the test that a
refusal to | ||||||
12 | submit to the test will result in suspension of such | ||||||
13 | person's
privilege to operate a watercraft for a minimum of | ||||||
14 | 2 years. Following this
warning, if a person
under arrest | ||||||
15 | refuses upon the request of a law enforcement officer to
| ||||||
16 | submit to a test designated by the officer, no test
shall | ||||||
17 | be given, but the law enforcement officer shall file with | ||||||
18 | the clerk
of the circuit court for the county in which the | ||||||
19 | arrest was made, and with
the Department of Natural | ||||||
20 | Resources, a sworn
statement naming the person refusing to | ||||||
21 | take and complete the chemical test
or tests
requested | ||||||
22 | under the provisions of this Section. Such sworn statement | ||||||
23 | shall
identify the arrested person, such person's current | ||||||
24 | residence address and
shall specify that a refusal by such | ||||||
25 | person to take the chemical test or
tests was
made. Such | ||||||
26 | sworn statement shall include a statement that the |
| |||||||
| |||||||
1 | arresting
officer had reasonable cause to believe the | ||||||
2 | person was operating or was in
actual physical control of | ||||||
3 | the
watercraft within this State while under the influence | ||||||
4 | of alcohol, other
drug or drugs, intoxicating compound or | ||||||
5 | compounds, or combination thereof
and that such
chemical | ||||||
6 | test or tests were made as an
incident to and following the | ||||||
7 | lawful arrest for an offense as defined in
this Section or | ||||||
8 | a similar provision of a local ordinance, and that the
| ||||||
9 | person after being arrested for an offense arising out of | ||||||
10 | acts alleged to
have been committed while so operating a | ||||||
11 | watercraft refused to submit to
and complete a chemical | ||||||
12 | test or tests as requested by the law enforcement
officer.
| ||||||
13 | 3.1. The law enforcement officer submitting the sworn | ||||||
14 | statement as
provided in
paragraph 3 of this subsection (B) | ||||||
15 | shall serve immediate written notice upon
the
person | ||||||
16 | refusing the chemical test or tests that the person's | ||||||
17 | privilege to
operate a
watercraft within this State will be | ||||||
18 | suspended for a period of 2 years unless,
within 28 days | ||||||
19 | from the date of the notice, the person requests in writing | ||||||
20 | a
hearing
on the suspension.
| ||||||
21 | If the person desires a hearing, such person
shall file | ||||||
22 | a complaint in the circuit court for and in the county in | ||||||
23 | which
such person was arrested for such hearing. Such | ||||||
24 | hearing shall proceed in
the court in the same manner as | ||||||
25 | other civil proceedings, shall cover only
the issues of | ||||||
26 | whether the person was placed under arrest for an offense |
| |||||||
| |||||||
1 | as
defined in this Section or a similar provision of a | ||||||
2 | local ordinance as
evidenced by the issuance of a uniform | ||||||
3 | citation; whether the arresting
officer had reasonable | ||||||
4 | grounds to believe that such person was operating a
| ||||||
5 | watercraft while under the influence of alcohol, other drug | ||||||
6 | or drugs,
intoxicating compound or compounds, or | ||||||
7 | combination
thereof; and whether such person refused to | ||||||
8 | submit and complete the
chemical test or
tests upon the | ||||||
9 | request of the law enforcement officer. Whether the person
| ||||||
10 | was informed that such person's privilege to operate a | ||||||
11 | watercraft would be
suspended if such person refused to | ||||||
12 | submit to the chemical test or tests
shall not be an
issue.
| ||||||
13 | If the person fails to request in writing a hearing | ||||||
14 | within 28 days from
the date of notice, or if a hearing is | ||||||
15 | held and the court finds against the
person on the issues | ||||||
16 | before the court, the
clerk shall immediately notify the | ||||||
17 | Department of Natural Resources, and the Department shall | ||||||
18 | suspend the watercraft operation
privileges of the person | ||||||
19 | for at least 2 years.
| ||||||
20 | 3.2. If the person is a CDL holder and submits to a | ||||||
21 | test that discloses an alcohol
concentration
of 0.08
or | ||||||
22 | more, or any amount of a drug, substance or intoxicating | ||||||
23 | compound in the
person's
breath, blood, other bodily | ||||||
24 | substance, or urine resulting from the unlawful use of | ||||||
25 | cannabis listed in
the Cannabis
Control Act, a controlled | ||||||
26 | substance listed in the Illinois Controlled
Substances |
| |||||||
| |||||||
1 | Act, methamphetamine as listed in the Methamphetamine | ||||||
2 | Control and Community Protection Act, or an
intoxicating | ||||||
3 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
4 | the law
enforcement officer shall immediately submit a | ||||||
5 | sworn report to the circuit
clerk of venue
and the | ||||||
6 | Department of Natural Resources, certifying that the test | ||||||
7 | or tests were
requested
under paragraph 1 of this | ||||||
8 | subsection (B) and the person submitted to testing
that
| ||||||
9 | disclosed an alcohol concentration of 0.08 or more or any | ||||||
10 | amount of a drug, substance or intoxicating compound in the
| ||||||
11 | person's
breath, blood, other bodily substance, or urine | ||||||
12 | resulting from the unlawful use of cannabis listed in the | ||||||
13 | Cannabis Control Act, a controlled substance listed in the | ||||||
14 | Illinois Controlled
Substances Act, methamphetamine as | ||||||
15 | listed in the Methamphetamine Control and Community | ||||||
16 | Protection Act, or an
intoxicating compound listed in the | ||||||
17 | Use of Intoxicating Compounds Act. If the person is not a | ||||||
18 | CDL holder and submits to a test that discloses an alcohol
| ||||||
19 | concentration
of 0.08
or more, a tetrahydrocannabinol | ||||||
20 | concentration in the person's whole blood or other bodily | ||||||
21 | substance as defined in paragraph 6 of subsection (a) of | ||||||
22 | Section 11-501.2 of the Illinois Vehicle Code, or any | ||||||
23 | amount of a drug, substance or intoxicating compound in the
| ||||||
24 | person's
breath, blood, other bodily substance, or urine | ||||||
25 | resulting from the unlawful use of a controlled substance | ||||||
26 | listed in the Illinois Controlled
Substances Act, |
| |||||||
| |||||||
1 | methamphetamine as listed in the Methamphetamine Control | ||||||
2 | and Community Protection Act, or an
intoxicating compound | ||||||
3 | listed in the Use of Intoxicating Compounds Act, the law
| ||||||
4 | enforcement officer shall immediately submit a sworn | ||||||
5 | report to the circuit
clerk of venue
and the Department of | ||||||
6 | Natural Resources, certifying that the test or tests were
| ||||||
7 | requested
under paragraph 1 of this subsection (B) and the | ||||||
8 | person submitted to testing
that
disclosed an alcohol | ||||||
9 | concentration of 0.08 or more, a tetrahydrocannabinol | ||||||
10 | concentration in the person's whole blood or other bodily | ||||||
11 | substance as defined in paragraph 6 of subsection (a) of | ||||||
12 | Section 11-501.2 of the Illinois Vehicle Code, or any | ||||||
13 | amount of a drug, substance or intoxicating compound in the
| ||||||
14 | person's
breath, blood, other bodily substance, or urine | ||||||
15 | resulting from the unlawful use of a controlled substance | ||||||
16 | listed in the Illinois Controlled
Substances Act, | ||||||
17 | methamphetamine as listed in the Methamphetamine Control | ||||||
18 | and Community Protection Act, or an
intoxicating compound | ||||||
19 | listed in the Use of Intoxicating Compounds Act .
| ||||||
20 | In cases involving a person who is a CDL holder where | ||||||
21 | the blood alcohol concentration of 0.08 or greater or any
| ||||||
22 | amount of
drug, substance or compound resulting from the | ||||||
23 | unlawful use of cannabis, a
controlled
substance , | ||||||
24 | methamphetamine, or an intoxicating compound is | ||||||
25 | established by a subsequent analysis
of blood , other bodily | ||||||
26 | substance, or urine collected at the time of arrest, the |
| |||||||
| |||||||
1 | arresting officer or arresting
agency shall
immediately | ||||||
2 | submit a sworn report to the circuit clerk of venue and the
| ||||||
3 | Department of
Natural Resources upon receipt of the test | ||||||
4 | results. In cases involving a person who is not a CDL | ||||||
5 | holder where the blood alcohol concentration of 0.08 or | ||||||
6 | greater, a tetrahydrocannabinol concentration in the | ||||||
7 | person's whole blood or other bodily substance as defined | ||||||
8 | in paragraph 6 of subsection (a) of Section 11-501.2 of the | ||||||
9 | Illinois Vehicle Code, or any
amount of drug, substance, or | ||||||
10 | compound resulting from the unlawful use of
a controlled | ||||||
11 | substance, methamphetamine, or an intoxicating compound is | ||||||
12 | established by
a subsequent analysis of blood, other bodily | ||||||
13 | substance, or urine collected at the time of arrest, the
| ||||||
14 | arresting officer or arresting agency shall immediately | ||||||
15 | submit a sworn report
to the circuit clerk of venue and the | ||||||
16 | Department of Natural Resources upon
receipt of the test | ||||||
17 | results.
| ||||||
18 | 4. A person must submit to each chemical test offered | ||||||
19 | by the law
enforcement
officer
in order to comply with the | ||||||
20 | implied consent provisions of this Section.
| ||||||
21 | 5. The provisions of Section 11-501.2 of the Illinois | ||||||
22 | Vehicle Code, as
amended, concerning the certification and | ||||||
23 | use of chemical tests apply to the
use of such tests under | ||||||
24 | this Section.
| ||||||
25 | (C) Upon the trial of any civil or criminal action or | ||||||
26 | proceeding arising out
of acts alleged to have been committed |
| |||||||
| |||||||
1 | by any person while operating a
watercraft while under the | ||||||
2 | influence of alcohol, other drug or drugs, intoxicating | ||||||
3 | compound or compounds, or combination
thereof, the | ||||||
4 | concentration of alcohol , drug, or compound in the person's | ||||||
5 | blood , other bodily substance, or breath at the time alleged as | ||||||
6 | shown by analysis of a
person's blood, urine, breath, or other | ||||||
7 | bodily substance shall give rise to the
presumptions specified | ||||||
8 | in subdivisions 1, 2, and 3 of
subsection (b) and subsection | ||||||
9 | (b-5) of Section 11-501.2 of the Illinois Vehicle Code. The | ||||||
10 | foregoing
provisions of this subsection (C) shall not be
| ||||||
11 | construed
as limiting the introduction of any other relevant | ||||||
12 | evidence bearing upon the
question whether the person was under | ||||||
13 | the influence of alcohol , other drug or drugs, intoxicating | ||||||
14 | compound or compounds, or a combination thereof .
| ||||||
15 | (D) If a person under arrest refuses to submit to a | ||||||
16 | chemical test under
the provisions of this Section, evidence of | ||||||
17 | refusal shall be admissible in
any civil or criminal action or | ||||||
18 | proceeding arising out of acts alleged to
have been committed | ||||||
19 | while the person under the influence of alcohol,
other drug or | ||||||
20 | drugs, intoxicating compound or compounds, or combination
of | ||||||
21 | them was operating a watercraft.
| ||||||
22 | (E) The owner of any watercraft or any person given | ||||||
23 | supervisory
authority over a watercraft, may not knowingly | ||||||
24 | permit a watercraft to be
operated by any person under the | ||||||
25 | influence of alcohol, other drug or drugs,
intoxicating | ||||||
26 | compound or compounds, or
combination thereof.
|
| |||||||
| |||||||
1 | (F) Whenever any person is convicted or found guilty of a | ||||||
2 | violation of
this
Section, including any person placed on court | ||||||
3 | supervision, the court shall
notify the Office of Law | ||||||
4 | Enforcement of the
Department of Natural Resources, to provide | ||||||
5 | the Department with the records
essential for the performance | ||||||
6 | of the Department's duties to monitor and enforce
any order of | ||||||
7 | suspension or revocation concerning the privilege to operate a
| ||||||
8 | watercraft.
| ||||||
9 | (G) No person who has been arrested and charged for | ||||||
10 | violating paragraph 1 of
subsection (A) of this Section shall | ||||||
11 | operate any watercraft within this State
for a period of 24 | ||||||
12 | hours after such arrest.
| ||||||
13 | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
| ||||||
14 | (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
| ||||||
15 | Sec. 5-16a.
Admissibility of chemical tests of blood , other | ||||||
16 | bodily substance, or urine conducted in the regular course of | ||||||
17 | providing emergency medical
treatment.
| ||||||
18 | (a) Notwithstanding any other provision of law, the written | ||||||
19 | results of
blood , other bodily substance, or urine alcohol and | ||||||
20 | drug tests conducted upon persons receiving medical treatment | ||||||
21 | in a
hospital emergency room are admissible in evidence as a | ||||||
22 | business record
exception to the hearsay rule only in | ||||||
23 | prosecutions for any violation of
Section 5-16 of this Act or a | ||||||
24 | similar provision of a local
ordinance or in prosecutions for | ||||||
25 | reckless homicide brought under the Criminal
Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012, when:
| ||||||
2 | (1) the chemical tests performed upon an individual's | ||||||
3 | blood , other bodily substance, or urine were ordered
in the | ||||||
4 | regular course of providing emergency treatment and not at | ||||||
5 | the request
of law enforcement authorities; and
| ||||||
6 | (2) the chemical tests performed upon an individual's | ||||||
7 | blood , other bodily substance, or urine
were performed by | ||||||
8 | the laboratory routinely used by the hospital.
| ||||||
9 | Results of
chemical tests performed upon an individual's | ||||||
10 | blood , other bodily substance, or urine are admissible into
| ||||||
11 | evidence regardless of the time that the records were prepared.
| ||||||
12 | (b) The confidentiality provisions of law pertaining to | ||||||
13 | medical records
and medical treatment shall not be applicable | ||||||
14 | with regard to chemical
tests performed upon an individual's | ||||||
15 | blood , other bodily substance, or urine under the provisions of
| ||||||
16 | this Section in prosecutions as
specified in subsection (a) of | ||||||
17 | this Section. No person shall be liable for
civil damages as a | ||||||
18 | result of the evidentiary use of the results of chemical
| ||||||
19 | testing of an individual's blood , other bodily substance, or | ||||||
20 | urine under this Section or as a result of that person's | ||||||
21 | testimony made
available under this Section.
| ||||||
22 | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| ||||||
23 | (625 ILCS 45/5-16a.1)
| ||||||
24 | Sec. 5-16a.1.
Reporting of test results of blood , other | ||||||
25 | bodily substance, or urine conducted in the
regular course of
|
| |||||||
| |||||||
1 | providing emergency medical treatment.
| ||||||
2 | (a) Notwithstanding any other provision of law, the results | ||||||
3 | of blood , other bodily substance, or
urine
tests
performed for | ||||||
4 | the purpose of determining the content of alcohol, other drug | ||||||
5 | or
drugs, intoxicating compound or compounds, or any | ||||||
6 | combination of them in an
individual's blood , other bodily | ||||||
7 | substance, or
urine, conducted upon persons receiving medical | ||||||
8 | treatment in a hospital
emergency room for
injuries resulting | ||||||
9 | from a boating accident, shall be disclosed to the
Department
| ||||||
10 | of Natural
Resources or local law enforcement agencies of | ||||||
11 | jurisdiction, upon request. The
blood , other bodily substance, | ||||||
12 | or urine
tests are admissible in evidence as a business record | ||||||
13 | exception to the hearsay
rule only in
prosecutions for | ||||||
14 | violations of Section 5-16 of this Code or a similar provision
| ||||||
15 | of a local
ordinance, or in prosecutions for reckless homicide | ||||||
16 | brought under the Criminal
Code of 1961 or the Criminal Code of | ||||||
17 | 2012.
| ||||||
18 | (b) The confidentiality provisions of the law pertaining to | ||||||
19 | medical records
and medical
treatment shall not be applicable | ||||||
20 | with regard to tests performed upon an
individual's blood , | ||||||
21 | other bodily substance, or
urine under the provisions of | ||||||
22 | subsection (a) of this Section. No person is
liable for civil | ||||||
23 | damages
or professional discipline as a result of disclosure or | ||||||
24 | reporting of the tests
or the evidentiary use
of an | ||||||
25 | individual's blood , other bodily substance, or urine test | ||||||
26 | results under this Section or
Section 5-16a, or as a
result of |
| |||||||
| |||||||
1 | that person's testimony made available under this Section or | ||||||
2 | Section
5-16a, except for
willful or wanton misconduct.
| ||||||
3 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
4 | (625 ILCS 45/5-16c) | ||||||
5 | Sec. 5-16c. Operator involvement in personal injury or | ||||||
6 | fatal boating accident; chemical tests. | ||||||
7 | (a) Any person who operates or is in actual physical | ||||||
8 | control of a motorboat within this State and who has been | ||||||
9 | involved in a personal injury or fatal boating accident shall | ||||||
10 | be deemed to have given consent to a breath test using a | ||||||
11 | portable device as approved by the Department of State Police | ||||||
12 | or to a chemical test or tests of blood, breath, other bodily | ||||||
13 | substance, or urine for the purpose of determining the content | ||||||
14 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
15 | compounds of the person's blood if arrested as evidenced by the | ||||||
16 | issuance of a uniform citation for a violation of the Boat | ||||||
17 | Registration and Safety Act or a similar provision of a local | ||||||
18 | ordinance, with the exception of equipment violations | ||||||
19 | contained in Article IV of this Act or similar provisions of | ||||||
20 | local ordinances. The test or tests shall be administered at | ||||||
21 | the direction of the arresting officer. The law enforcement | ||||||
22 | agency employing the officer shall designate which of the | ||||||
23 | aforesaid tests shall be administered. Up to 2 additional tests | ||||||
24 | of A urine or other bodily substance test may be administered | ||||||
25 | even after a blood or breath test or both has been |
| |||||||
| |||||||
1 | administered. Compliance with this Section does not relieve the | ||||||
2 | person from the requirements of any other Section of this Act. | ||||||
3 | (b) Any person who is dead, unconscious, or who is | ||||||
4 | otherwise in a
condition rendering that person incapable of | ||||||
5 | refusal shall be deemed not to
have withdrawn the consent | ||||||
6 | provided by subsection (a) of this Section. In
addition, if an | ||||||
7 | operator of a motorboat is receiving medical treatment as a
| ||||||
8 | result of a boating accident, any physician licensed to | ||||||
9 | practice
medicine, licensed physician assistant, licensed | ||||||
10 | advanced practice nurse, registered nurse, or a phlebotomist | ||||||
11 | acting under the direction of
a licensed physician shall | ||||||
12 | withdraw blood for testing purposes to ascertain
the presence | ||||||
13 | of alcohol, other drug or drugs, or intoxicating
compound or | ||||||
14 | compounds, upon the specific request of a law
enforcement | ||||||
15 | officer. However, this testing shall not be performed until, in
| ||||||
16 | the opinion of the medical personnel on scene, the withdrawal | ||||||
17 | can be made
without interfering with or endangering the | ||||||
18 | well-being of the patient. | ||||||
19 | (c) A person who is a CDL holder requested to submit to a | ||||||
20 | test under subsection (a) of this Section shall be
warned by | ||||||
21 | the law enforcement officer requesting the test that a refusal | ||||||
22 | to
submit to the test, or submission to the test resulting in | ||||||
23 | an alcohol
concentration of 0.08 or more, or any amount of a | ||||||
24 | drug, substance,
or intoxicating compound
resulting from the | ||||||
25 | unlawful use or consumption of cannabis listed in the
Cannabis | ||||||
26 | Control Act, a controlled substance listed in the Illinois
|
| |||||||
| |||||||
1 | Controlled Substances Act, an intoxicating compound listed in | ||||||
2 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
3 | listed in the Methamphetamine Control and Community Protection | ||||||
4 | Act as detected in the person's blood , other bodily substance, | ||||||
5 | or urine, may
result in the suspension of the person's | ||||||
6 | privilege to operate a motor vehicle and may result in the | ||||||
7 | disqualification of the person's privilege to operate a | ||||||
8 | commercial motor vehicle, as provided in Section 6-514 of the | ||||||
9 | Illinois Vehicle Code . A person who is not a CDL holder | ||||||
10 | requested to submit to a test under subsection (a) of this | ||||||
11 | Section shall be
warned by the law enforcement officer | ||||||
12 | requesting the test that a refusal to
submit to the test, or | ||||||
13 | submission to the test resulting in an alcohol
concentration of | ||||||
14 | 0.08 or more, a tetrahydrocannabinol concentration in the | ||||||
15 | person's whole blood or other bodily substance as defined in | ||||||
16 | paragraph 6 of subsection (a) of Section 11-501.2 of the | ||||||
17 | Illinois Vehicle Code, or any amount of a drug, substance,
or | ||||||
18 | intoxicating compound
resulting from the unlawful use or | ||||||
19 | consumption of a controlled substance listed in the Illinois
| ||||||
20 | Controlled Substances Act, an intoxicating compound listed in | ||||||
21 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
22 | listed in the Methamphetamine Control and Community Protection | ||||||
23 | Act as detected in the person's blood, other bodily substance, | ||||||
24 | or urine, may
result in the suspension of the person's | ||||||
25 | privilege to operate a motor vehicle , if the person is a CDL | ||||||
26 | holder .
The length of the suspension shall be the same as |
| |||||||
| |||||||
1 | outlined in Section
6-208.1 of the Illinois Vehicle Code | ||||||
2 | regarding statutory summary suspensions. | ||||||
3 | (d) If the person is a CDL holder and refuses testing or | ||||||
4 | submits to a test which discloses
an alcohol concentration of | ||||||
5 | 0.08 or more, or any amount of a drug,
substance,
or | ||||||
6 | intoxicating compound in the person's blood , other bodily | ||||||
7 | substance, or urine resulting from the
unlawful use or
| ||||||
8 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
9 | controlled
substance listed in the Illinois Controlled | ||||||
10 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
11 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
12 | Methamphetamine Control and Community Protection Act, the law
| ||||||
13 | enforcement officer shall immediately submit a sworn report to | ||||||
14 | the Secretary of
State on a form prescribed by the Secretary of | ||||||
15 | State, certifying that the test or tests
were requested under | ||||||
16 | subsection (a) of this Section and the person refused to submit | ||||||
17 | to a
test or tests or submitted to testing which disclosed an | ||||||
18 | alcohol concentration
of 0.08 or more, or any amount of a drug, | ||||||
19 | substance, or intoxicating
compound
in the
person's blood , | ||||||
20 | other bodily substance, or urine, resulting from the unlawful | ||||||
21 | use or consumption of
cannabis listed in the Cannabis Control | ||||||
22 | Act, a controlled substance
listed in
the Illinois Controlled | ||||||
23 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
24 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
25 | Methamphetamine Control and Community Protection Act. If the | ||||||
26 | person is not a CDL holder and refuses testing or submits to a |
| |||||||
| |||||||
1 | test which discloses
an alcohol concentration of 0.08 or more, | ||||||
2 | a tetrahydrocannabinol concentration in the person's whole | ||||||
3 | blood or other bodily substance as defined in paragraph 6 of | ||||||
4 | subsection (a) of Section 11-501.2 of the Illinois Vehicle | ||||||
5 | Code, or any amount of a drug,
substance,
or intoxicating | ||||||
6 | compound in the person's blood, other bodily substance, or | ||||||
7 | urine resulting from the
unlawful use or
consumption of a | ||||||
8 | controlled
substance listed in the Illinois Controlled | ||||||
9 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
10 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
11 | Methamphetamine Control and Community Protection Act, the law
| ||||||
12 | enforcement officer shall immediately submit a sworn report to | ||||||
13 | the Secretary of
State on a form prescribed by the Secretary of | ||||||
14 | State, certifying that the test or tests
were requested under | ||||||
15 | subsection (a) of this Section and the person refused to submit | ||||||
16 | to a
test or tests or submitted to testing which disclosed an | ||||||
17 | alcohol concentration
of 0.08 or more, a tetrahydrocannabinol | ||||||
18 | concentration in the person's whole blood or other bodily | ||||||
19 | substance as defined in paragraph 6 of subsection (a) of | ||||||
20 | Section 11-501.2 of the Illinois Vehicle Code, or any amount of | ||||||
21 | a drug, substance, or intoxicating
compound
in the
person's | ||||||
22 | blood or urine, resulting from the unlawful use or consumption | ||||||
23 | of
a controlled substance
listed in
the Illinois Controlled | ||||||
24 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
25 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
26 | Methamphetamine Control and Community Protection Act. |
| |||||||
| |||||||
1 | Upon receipt of the sworn report of a law enforcement | ||||||
2 | officer, the
Secretary of State shall enter the suspension and | ||||||
3 | disqualification to the person's driving record and the
| ||||||
4 | suspension and disqualification shall be effective on the 46th | ||||||
5 | day following the date notice of the
suspension was given to | ||||||
6 | the person. | ||||||
7 | The law enforcement officer submitting the sworn report | ||||||
8 | shall serve immediate
notice of this suspension on the person | ||||||
9 | and this suspension and disqualification shall be effective
on | ||||||
10 | the 46th day following the date notice was given. | ||||||
11 | In cases involving a person who is a CDL holder where the | ||||||
12 | blood alcohol concentration of 0.08 or more,
or any amount
of a | ||||||
13 | drug, substance, or intoxicating compound resulting from the | ||||||
14 | unlawful
use or
consumption of cannabis listed in the Cannabis | ||||||
15 | Control Act, a
controlled
substance listed in the Illinois | ||||||
16 | Controlled Substances Act,
an
intoxicating
compound listed in | ||||||
17 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
18 | listed in the Methamphetamine Control and Community Protection | ||||||
19 | Act, is established by a
subsequent analysis of blood , other | ||||||
20 | bodily substance, or urine collected at the time of arrest, the
| ||||||
21 | arresting officer shall give notice as provided in this Section | ||||||
22 | or by deposit
in the United States mail of this notice in an | ||||||
23 | envelope with postage prepaid
and addressed to the person at | ||||||
24 | his or her address as shown on the uniform citation and the | ||||||
25 | suspension and disqualification shall be effective on the 46th | ||||||
26 | day following the date
notice was given. In cases involving a |
| |||||||
| |||||||
1 | person who is not a CDL holder where the blood alcohol | ||||||
2 | concentration of 0.08 or more, a tetrahydrocannabinol | ||||||
3 | concentration in the person's whole blood or other bodily | ||||||
4 | substance as defined in paragraph 6 of subsection (a) of | ||||||
5 | Section 11-501.2 of the Illinois Vehicle Code,
or any amount
of | ||||||
6 | a drug, substance, or intoxicating compound resulting from the | ||||||
7 | unlawful
use or
consumption of a
controlled
substance listed in | ||||||
8 | the Illinois Controlled Substances Act,
an
intoxicating
| ||||||
9 | compound listed in the Use of Intoxicating Compounds Act, or | ||||||
10 | methamphetamine as listed in the Methamphetamine Control and | ||||||
11 | Community Protection Act, is established by a
subsequent | ||||||
12 | analysis of blood, other bodily substance, or urine collected | ||||||
13 | at the time of arrest, the
arresting officer shall give notice | ||||||
14 | as provided in this Section or by deposit
in the United States | ||||||
15 | mail of this notice in an envelope with postage prepaid
and | ||||||
16 | addressed to the person at his or her address as shown on the | ||||||
17 | uniform citation and the suspension shall be effective on the | ||||||
18 | 46th day following the date
notice was given. | ||||||
19 | Upon receipt of the sworn report of a law enforcement | ||||||
20 | officer, the Secretary of State
shall also give notice of the | ||||||
21 | suspension and disqualification to the person by mailing a | ||||||
22 | notice of
the effective date of the suspension and | ||||||
23 | disqualification to the person. However, should the
sworn | ||||||
24 | report be defective by not containing sufficient information or | ||||||
25 | be
completed in error, the notice of the suspension and | ||||||
26 | disqualification shall not be mailed to the
person or entered |
| |||||||
| |||||||
1 | to the driving record, but rather the sworn report shall be
| ||||||
2 | returned to the issuing law enforcement agency. | ||||||
3 | (e) A person may contest this suspension of his or her
| ||||||
4 | driving privileges and disqualification of his or her CDL | ||||||
5 | privileges by
requesting an administrative hearing with the | ||||||
6 | Secretary of State in accordance with
Section 2-118 of the | ||||||
7 | Illinois Vehicle Code. At the conclusion of a hearing held | ||||||
8 | under
Section 2-118 of the Illinois Vehicle Code, the Secretary | ||||||
9 | of State may rescind, continue, or modify the
orders
of | ||||||
10 | suspension and disqualification. If the Secretary of State does | ||||||
11 | not rescind the orders of suspension and disqualification, a | ||||||
12 | restricted
driving permit may be granted by the Secretary of | ||||||
13 | State upon application being made and
good cause shown. A | ||||||
14 | restricted driving permit may be granted to relieve undue
| ||||||
15 | hardship to allow driving for employment, educational, and | ||||||
16 | medical purposes as
outlined in Section 6-206 of the Illinois | ||||||
17 | Vehicle Code. The provisions of Section 6-206 of
the Illinois | ||||||
18 | Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the | ||||||
19 | Secretary of State may not issue a restricted driving permit | ||||||
20 | for the operation of a commercial motor vehicle to a person | ||||||
21 | holding a CDL whose driving privileges have been suspended, | ||||||
22 | revoked, cancelled, or disqualified. | ||||||
23 | (f) For the purposes of this Section, a personal injury | ||||||
24 | shall include
any type A injury as indicated on the accident | ||||||
25 | report completed
by a law enforcement officer that requires | ||||||
26 | immediate professional attention
in a doctor's office or a |
| |||||||
| |||||||
1 | medical facility. A type A injury shall
include severely | ||||||
2 | bleeding wounds, distorted extremities, and injuries that
| ||||||
3 | require the injured party to be carried from the scene.
| ||||||
4 | (Source: P.A. 98-103, eff. 1-1-14.)
| ||||||
5 | Section 35. The Juvenile Court Act of 1987 is amended by | ||||||
6 | changing Section 5-125 as follows:
| ||||||
7 | (705 ILCS 405/5-125)
| ||||||
8 | Sec. 5-125. Concurrent jurisdiction. Any minor alleged to | ||||||
9 | have violated a traffic, boating, or fish and game law,
or a | ||||||
10 | municipal or county ordinance, may be prosecuted for the | ||||||
11 | violation and if
found
guilty punished under any statute or | ||||||
12 | ordinance relating to the violation,
without reference to the | ||||||
13 | procedures set out in this Article, except that : | ||||||
14 | (1) any
detention, must be in compliance with this Article ; | ||||||
15 | and | ||||||
16 | (2) the confidentiality of records provisions in Part 9
of | ||||||
17 | this Article shall apply to any law enforcement and
court | ||||||
18 | records relating to prosecution of a minor under 18
years of | ||||||
19 | age for a municipal or county ordinance violation or a | ||||||
20 | violation of subsection (a) of Section 4 of the Cannabis | ||||||
21 | Control Act or subsection (c) of Section 3.5 of the Drug | ||||||
22 | Paraphernalia Control Act;
except that these confidentiality | ||||||
23 | provisions shall not
apply to or affect any proceeding to | ||||||
24 | adjudicate the
violation .
|
| |||||||
| |||||||
1 | For the purpose of this Section, "traffic violation" shall | ||||||
2 | include a
violation of Section 9-3 of the Criminal Code of 1961 | ||||||
3 | or the Criminal Code of 2012 relating to the offense
of
| ||||||
4 | reckless homicide, Section 11-501 of the Illinois Vehicle Code, | ||||||
5 | or any similar
county or municipal ordinance.
| ||||||
6 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
7 | Section 40. The Cannabis Control Act is amended by changing | ||||||
8 | Section 4 and by adding Sections 5.3 and 17.5 as follows:
| ||||||
9 | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
| ||||||
10 | Sec. 4. It is unlawful for any person knowingly to possess | ||||||
11 | cannabis. Any person
who violates this section with respect to:
| ||||||
12 | (a) not more than 10 2.5 grams of any substance | ||||||
13 | containing cannabis is
guilty of a civil law violation | ||||||
14 | punishable by a minimum fine of $100 and a maximum fine of | ||||||
15 | $200. The proceeds of the fine shall be payable to the | ||||||
16 | clerk of the circuit court. Within 30 days after the | ||||||
17 | deposit of the fine, the clerk shall distribute the | ||||||
18 | proceeds of the fine as follows: | ||||||
19 | (1) $10 of the fine to the circuit clerk and $10 of | ||||||
20 | the fine to the law enforcement agency that issued the | ||||||
21 | citation; the proceeds of each $10 fine distributed to | ||||||
22 | the circuit clerk and each $10 fine distributed to the | ||||||
23 | law enforcement agency that issued the citation for the | ||||||
24 | violation shall be used to defer the cost of automatic |
| |||||||
| |||||||
1 | expungements under paragraph (2.5) of subsection (a) | ||||||
2 | of Section 5.2 of the Criminal Identification Act; | ||||||
3 | (2) $15 to the county to fund drug addiction | ||||||
4 | services; | ||||||
5 | (3) $10 to the Office of the State's Attorneys | ||||||
6 | Appellate Prosecutor for use in training programs; | ||||||
7 | (4) $10 to the State's Attorney; and | ||||||
8 | (5) any remainder of the fine to the law | ||||||
9 | enforcement agency that issued the citation for the | ||||||
10 | violation. | ||||||
11 | With respect to funds designated for the Department of | ||||||
12 | State Police, the moneys shall be remitted by the circuit | ||||||
13 | court clerk to the Department of State Police within one | ||||||
14 | month after receipt for deposit into the State Police | ||||||
15 | Operations Assistance Fund. With respect to funds | ||||||
16 | designated for the Department of Natural Resources, the | ||||||
17 | Department of Natural Resources shall deposit the moneys | ||||||
18 | into the Conservation Police Operations Assistance Fund | ||||||
19 | Class C misdemeanor ;
| ||||||
20 | (b) more than 10 2.5 grams but not more than 30 10 | ||||||
21 | grams of any substance
containing cannabis is guilty of a | ||||||
22 | Class B misdemeanor;
| ||||||
23 | (c) more than 30 10 grams but not more than 100 30 | ||||||
24 | grams of any substance
containing cannabis is guilty of a | ||||||
25 | Class A misdemeanor; provided, that if
any offense under | ||||||
26 | this subsection (c) is a subsequent offense, the offender
|
| |||||||
| |||||||
1 | shall be guilty of a Class 4 felony;
| ||||||
2 | (d) more than 100 30 grams but not more than 500 grams | ||||||
3 | of any substance
containing cannabis is guilty of a Class 4 | ||||||
4 | felony; provided that if any
offense under this subsection | ||||||
5 | (d) is a subsequent offense, the offender
shall be guilty | ||||||
6 | of a Class 3 felony;
| ||||||
7 | (e) more than 500 grams but not more than 2,000 grams | ||||||
8 | of any substance
containing cannabis is guilty
of a Class 3 | ||||||
9 | felony;
| ||||||
10 | (f) more than 2,000 grams but not more than 5,000 grams | ||||||
11 | of any
substance containing cannabis is guilty of a Class 2 | ||||||
12 | felony;
| ||||||
13 | (g) more than 5,000 grams of any substance containing | ||||||
14 | cannabis is guilty
of a Class 1 felony.
| ||||||
15 | (Source: P.A. 90-397, eff. 8-15-97 .)
| ||||||
16 | (720 ILCS 550/5.3 new) | ||||||
17 | Sec. 5.3. Unlawful use of cannabis-based product
| ||||||
18 | manufacturing equipment. | ||||||
19 | (a) A person commits unlawful use of cannabis-based product
| ||||||
20 | manufacturing equipment when he or she knowingly engages in the
| ||||||
21 | possession, procurement, transportation, storage, or delivery
| ||||||
22 | of any equipment used in the manufacturing of any
| ||||||
23 | cannabis-based product using volatile or explosive gas, | ||||||
24 | including, but not limited to,
canisters of butane gas, with | ||||||
25 | the intent to manufacture,
compound, covert, produce, derive, |
| |||||||
| |||||||
1 | process, or prepare either
directly or indirectly any | ||||||
2 | cannabis-based product. | ||||||
3 | (b) This Section does not apply to a cultivation center or | ||||||
4 | cultivation center agent that prepares medical cannabis or | ||||||
5 | cannabis-infused products in compliance with the Compassionate | ||||||
6 | Use of Medical Cannabis Pilot Program Act and Department of | ||||||
7 | Public Health and Department of Agriculture rules. | ||||||
8 | (c) Sentence. A person who violates this Section is guilty | ||||||
9 | of a Class 2 felony.
| ||||||
10 | (720 ILCS 550/17.5 new) | ||||||
11 | Sec. 17.5. Local ordinances. | ||||||
12 | The provisions of any ordinance enacted by any municipality
| ||||||
13 | or unit of local government which imposes a fine upon cannabis | ||||||
14 | other than as defined in this Act are not invalidated
or | ||||||
15 | affected by this Act.
| ||||||
16 | Section 45. The Drug Paraphernalia Control Act is amended | ||||||
17 | by changing Section 3.5 as follows:
| ||||||
18 | (720 ILCS 600/3.5)
| ||||||
19 | Sec. 3.5. Possession of drug paraphernalia.
| ||||||
20 | (a) A person who knowingly possesses an item of drug | ||||||
21 | paraphernalia
with
the intent to use it in ingesting, inhaling, | ||||||
22 | or
otherwise introducing cannabis
or
a controlled substance | ||||||
23 | into the human body, or in preparing cannabis or a
controlled |
| |||||||
| |||||||
1 | substance
for that use, is guilty of a Class A misdemeanor for | ||||||
2 | which the court
shall impose a minimum fine of $750 in addition | ||||||
3 | to any other penalty prescribed
for a Class A
misdemeanor. This | ||||||
4 | subsection (a) does not apply to a person who is legally
| ||||||
5 | authorized to possess
hypodermic syringes or needles under the | ||||||
6 | Hypodermic Syringes and Needles Act.
| ||||||
7 | (b) In determining intent under subsection (a), the trier | ||||||
8 | of fact may take
into consideration the proximity of the | ||||||
9 | cannabis or controlled substances to
drug
paraphernalia or the | ||||||
10 | presence of cannabis or a controlled substance on the drug
| ||||||
11 | paraphernalia.
| ||||||
12 | (c) If a person violates subsection (a) of Section 4 of the | ||||||
13 | Cannabis Control Act, the penalty for possession of any drug | ||||||
14 | paraphernalia seized during the violation for that offense | ||||||
15 | shall be a civil law violation punishable by a minimum fine of | ||||||
16 | $100 and a maximum fine of $200. The proceeds of the fine shall | ||||||
17 | be payable to the clerk of the circuit court. Within 30 days | ||||||
18 | after the deposit of the fine, the clerk shall distribute the | ||||||
19 | proceeds of the fine as follows: | ||||||
20 | (1) $10 of the fine to the circuit clerk and $10 of the | ||||||
21 | fine to the law enforcement agency that issued the | ||||||
22 | citation; the proceeds of each $10 fine distributed to the | ||||||
23 | circuit clerk and each $10 fine distributed to the law | ||||||
24 | enforcement agency that issued the citation for the | ||||||
25 | violation shall be used to defer the cost of automatic | ||||||
26 | expungements under paragraph (2.5) of subsection (a) of |
| |||||||
| |||||||
1 | Section 5.2 of the Criminal Identification Act; | ||||||
2 | (2) $15 to the county to fund drug addiction services; | ||||||
3 | (3) $10 to the Office of the State's Attorneys | ||||||
4 | Appellate Prosecutor for use in training programs; | ||||||
5 | (4) $10 to the State's Attorney; and | ||||||
6 | (5) any remainder of the fine to the law enforcement | ||||||
7 | agency that issued the citation for the violation. | ||||||
8 | With respect to funds designated for the Department of | ||||||
9 | State Police, the moneys shall be remitted by the circuit court | ||||||
10 | clerk to the Department of State Police within one month after | ||||||
11 | receipt for deposit into the State Police Operations Assistance | ||||||
12 | Fund. With respect to funds designated for the Department of | ||||||
13 | Natural Resources, the Department of Natural Resources shall | ||||||
14 | deposit the moneys into the Conservation Police Operations | ||||||
15 | Assistance Fund. | ||||||
16 | (Source: P.A. 93-392, eff. 7-25-03.)
| ||||||
17 | Section 50. The Code of Criminal Procedure of 1963 is | ||||||
18 | amended by changing Section 115-15 and by adding Section 115-23 | ||||||
19 | as follows:
| ||||||
20 | (725 ILCS 5/115-15)
| ||||||
21 | Sec. 115-15. Laboratory reports.
| ||||||
22 | (a) In any criminal prosecution for a violation of
the | ||||||
23 | Cannabis
Control Act, the Illinois Controlled Substances Act, | ||||||
24 | or the Methamphetamine Control and Community Protection Act, a |
| |||||||
| |||||||
1 | laboratory report
from the Department of State Police, Division | ||||||
2 | of Forensic Services, that is
signed and sworn to by the person | ||||||
3 | performing an
analysis and that states (1) that the substance | ||||||
4 | that is the basis of the
alleged
violation
has been weighed and | ||||||
5 | analyzed, and (2) the person's findings as to the
contents, | ||||||
6 | weight and identity of the substance, and (3) that it contains | ||||||
7 | any
amount of a controlled substance or cannabis is prima facie | ||||||
8 | evidence of the
contents, identity and weight of the substance. | ||||||
9 | Attached to the report
shall be a copy of a notarized statement | ||||||
10 | by the signer of the report giving
the name of the signer and | ||||||
11 | stating (i) that he or she is an employee of the
Department of | ||||||
12 | State Police, Division of Forensic Services,
(ii) the name and | ||||||
13 | location of the laboratory where the analysis was
performed, | ||||||
14 | (iii) that performing the analysis is a part of his or her | ||||||
15 | regular
duties, and (iv) that the signer is qualified by | ||||||
16 | education, training and
experience to perform the analysis. The | ||||||
17 | signer shall also allege that
scientifically accepted tests | ||||||
18 | were performed with due caution and that the
evidence was | ||||||
19 | handled in accordance with established and accepted procedures
| ||||||
20 | while in the custody of the laboratory.
| ||||||
21 | (a-5) In any criminal prosecution for reckless homicide | ||||||
22 | under Section 9-3
of the
Criminal Code of
1961 or the Criminal | ||||||
23 | Code of 2012, or driving under the influence of alcohol, other | ||||||
24 | drug, or combination of
both, in
violation of Section
11-501 of | ||||||
25 | the Illinois Vehicle Code or in any civil action held under a
| ||||||
26 | statutory summary
suspension or revocation hearing under |
| |||||||
| |||||||
1 | Section 2-118.1 of the Illinois Vehicle Code, a
laboratory | ||||||
2 | report from the
Department of State Police, Division of | ||||||
3 | Forensic Services, that is signed and
sworn to by the person
| ||||||
4 | performing an analysis, and that states
that the sample of | ||||||
5 | blood , other bodily substance, or urine was tested for alcohol | ||||||
6 | or
drugs, and
contains the person's findings as to the presence | ||||||
7 | and amount
of
alcohol or
drugs and type of drug is prima facie | ||||||
8 | evidence of
the presence, content, and amount of the alcohol or | ||||||
9 | drugs analyzed in
the blood , other bodily substance, or urine. | ||||||
10 | Attached to the report must be a copy of a notarized
statement | ||||||
11 | by the
signer of the report giving the name of the signer and | ||||||
12 | stating (1) that he or
she is an employee
of the Department of | ||||||
13 | State Police, Division of Forensic Services, (2) the name
and | ||||||
14 | location
of the laboratory where the analysis was performed, | ||||||
15 | (3) that performing the
analysis is a part
of his or her | ||||||
16 | regular duties, (4) that the signer is qualified by
education, | ||||||
17 | training, and
experience to perform the analysis, and (5) that
| ||||||
18 | scientifically accepted
tests were performed with due caution | ||||||
19 | and that the evidence was handled in
accordance with
| ||||||
20 | established and accepted procedures while in the custody of the | ||||||
21 | laboratory.
| ||||||
22 | (b) The State's Attorney shall serve a copy of the report | ||||||
23 | on the
attorney of record for the accused, or on the accused if | ||||||
24 | he or she has no
attorney, before any proceeding in which the | ||||||
25 | report is to be used against
the accused other than at a | ||||||
26 | preliminary hearing or grand jury hearing when
the report may |
| |||||||
| |||||||
1 | be used without having been previously served upon the accused.
| ||||||
2 | (c) The report shall not be prima facie evidence if the
| ||||||
3 | accused or his or her attorney
demands the testimony of the | ||||||
4 | person signing the report by serving the
demand upon the | ||||||
5 | State's Attorney within 7 days from the accused or his or her
| ||||||
6 | attorney's receipt of the report.
| ||||||
7 | (Source: P.A. 96-1344, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
8 | (725 ILCS 5/115-23 new) | ||||||
9 | Sec. 115-23. Admissibility of cannabis. In a prosecution | ||||||
10 | for a violation of subsection (a) of Section 4 of the Cannabis | ||||||
11 | Control Act or a municipal ordinance for possession of cannabis | ||||||
12 | that is punished by only a fine, cannabis shall only be | ||||||
13 | admitted into evidence based upon: | ||||||
14 | (1) a properly administered field test; or | ||||||
15 | (2) opinion testimony of a peace officer based on the | ||||||
16 | officer's training and experience as qualified by the | ||||||
17 | court.
| ||||||
18 | Section 55. The Unified Code of Corrections is amended by | ||||||
19 | changing Section 5-9-1.9 as follows:
| ||||||
20 | (730 ILCS 5/5-9-1.9)
| ||||||
21 | Sec. 5-9-1.9. DUI analysis fee.
| ||||||
22 | (a) "Crime laboratory" means a not-for-profit laboratory | ||||||
23 | substantially
funded by a single unit or combination of units |
| |||||||
| |||||||
1 | of local government or the
State of
Illinois that regularly | ||||||
2 | employs at least one person engaged in the DUI
analysis of | ||||||
3 | blood , other bodily substance, and urine for criminal justice | ||||||
4 | agencies in criminal matters
and provides testimony with | ||||||
5 | respect to such examinations.
| ||||||
6 | "DUI analysis" means an analysis of blood , other bodily | ||||||
7 | substance, or urine for purposes of
determining whether a | ||||||
8 | violation of Section 11-501 of the Illinois Vehicle Code
has | ||||||
9 | occurred.
| ||||||
10 | (b) When a person has been adjudged guilty of an offense in | ||||||
11 | violation of
Section 11-501 of the Illinois Vehicle Code, in | ||||||
12 | addition to any other
disposition, penalty, or fine imposed, a | ||||||
13 | crime laboratory DUI analysis fee of
$150 for each offense for | ||||||
14 | which the person was convicted shall be levied by the
court for | ||||||
15 | each case in which a laboratory analysis occurred. Upon | ||||||
16 | verified
petition of the person, the court may suspend payment | ||||||
17 | of all or part of the fee
if it finds that the person does not | ||||||
18 | have the ability to pay the fee.
| ||||||
19 | (c) In addition to any other disposition made under the | ||||||
20 | provisions of
the Juvenile Court Act of 1987, any minor | ||||||
21 | adjudicated delinquent for an offense
which if committed by an | ||||||
22 | adult would constitute a violation of Section 11-501
of the | ||||||
23 | Illinois Vehicle Code shall be assessed a crime laboratory DUI | ||||||
24 | analysis
fee of $150 for each adjudication. Upon verified | ||||||
25 | petition of the minor, the
court may suspend payment of all or | ||||||
26 | part of the fee if it finds
that the minor does not have the |
| |||||||
| |||||||
1 | ability to pay the fee. The parent, guardian,
or legal | ||||||
2 | custodian of the minor may pay some or all of the fee on the | ||||||
3 | minor's
behalf.
| ||||||
4 | (d) All crime laboratory DUI analysis fees provided for by | ||||||
5 | this Section
shall
be collected by the clerk of the court and | ||||||
6 | forwarded to the appropriate crime
laboratory DUI fund as | ||||||
7 | provided in subsection (f).
| ||||||
8 | (e) Crime laboratory funds shall be established as follows:
| ||||||
9 | (1) A unit of local government that maintains a crime | ||||||
10 | laboratory may
establish a crime laboratory DUI fund within | ||||||
11 | the office of the county or
municipal treasurer.
| ||||||
12 | (2) Any combination of units of local government that | ||||||
13 | maintains a crime
laboratory may establish a crime | ||||||
14 | laboratory DUI fund within the office of the
treasurer of | ||||||
15 | the county where the crime laboratory is situated.
| ||||||
16 | (3) The State Police DUI Fund is created as a
special | ||||||
17 | fund in
the State Treasury.
| ||||||
18 | (f) The analysis fee provided for in subsections (b) and | ||||||
19 | (c) of this Section
shall be forwarded to the office of the | ||||||
20 | treasurer of the unit of local
government that performed the | ||||||
21 | analysis if that unit of local government has
established a | ||||||
22 | crime laboratory DUI fund, or to the State Treasurer for | ||||||
23 | deposit
into the State Police DUI Fund if the analysis was
| ||||||
24 | performed by a
laboratory operated by the Department of State | ||||||
25 | Police. If the analysis was
performed by a crime laboratory | ||||||
26 | funded by a combination of units of local
government, the |
| |||||||
| |||||||
1 | analysis fee shall be forwarded to the treasurer of the county
| ||||||
2 | where the crime laboratory is situated if a crime laboratory | ||||||
3 | DUI fund has been
established in that county. If the unit of | ||||||
4 | local government or combination of
units of local government | ||||||
5 | has not established a crime laboratory DUI fund, then
the | ||||||
6 | analysis fee shall be forwarded to the State Treasurer for | ||||||
7 | deposit into
the State Police DUI Fund. The clerk of the | ||||||
8 | circuit
court may retain
the
amount of $10 from each collected | ||||||
9 | analysis fee to offset administrative costs
incurred in | ||||||
10 | carrying out the clerk's responsibilities under this Section.
| ||||||
11 | (g) Fees deposited into a crime laboratory DUI fund created | ||||||
12 | under
paragraphs (1) and (2) of subsection (e) of this Section | ||||||
13 | shall be in addition
to any allocations made pursuant to | ||||||
14 | existing law and shall be designated for
the exclusive use of | ||||||
15 | the crime laboratory. These uses may include, but are not
| ||||||
16 | limited to, the following:
| ||||||
17 | (1) Costs incurred in providing analysis for DUI | ||||||
18 | investigations conducted
within this State.
| ||||||
19 | (2) Purchase and maintenance of equipment for use in | ||||||
20 | performing analyses.
| ||||||
21 | (3) Continuing education, training, and professional | ||||||
22 | development of
forensic scientists regularly employed by | ||||||
23 | these laboratories.
| ||||||
24 | (h) Fees deposited in the State Police DUI Fund
created | ||||||
25 | under
paragraph (3) of subsection (e) of this Section shall be | ||||||
26 | used by
State crime laboratories as designated by the Director |
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1 | of State Police. These
funds shall be in addition to any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | allocations made according to existing law
and shall be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | designated for the exclusive use of State crime laboratories.
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4 | These uses may include those enumerated in subsection (g) of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | this Section.
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6 | (Source: P.A. 91-822, eff. 6-13-00.)
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7 | Section 95. No acceleration or delay. Where this Act makes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | changes in a statute that is represented in this Act by text | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | that is not yet or no longer in effect (for example, a Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | represented by multiple versions), the use of that text does | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | not accelerate or delay the taking effect of (i) the changes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | made by this Act or (ii) provisions derived from any other | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Public Act.
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14 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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