98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2953

Introduced 2/4/2014, by Sen. Kwame Raoul

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Vehicle Code. Removes from the DUI offense operating a motor vehicle with any amount of an illegal drug in a person's system and makes it a separate Class B misdemeanor for a first offense and a Class A misdemeanor for subsequent offenses. Removes offense from implied consent for chemical testing for a suspected violation, statutory summary suspension for test refusal, driver's license suspension for conviction, and mandatory penalties for a second violation. Also removes offense from aggravated DUI. Makes corresponding changes to the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act for OUI. Amends the Criminal Identification Act. Provides that policing bodies shall report arrests for the offense to the Department of State Police. Amends the Unified Code of Corrections. Provides that offenders may be charged laboratory fees and required to undergo a professional evaluation to determine the presence and extent of substance abuse problems.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning transportation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Identification Act is amended by

5 changing Section 5 as follows:

6 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)

7 (Text of Section before amendment by P.A. 98-528)

8 Sec. 5. Arrest reports. All policing bodies of this State

9 shall furnish to the Department, daily, in the form and detail

10 the Department requires, fingerprints and descriptions of all

11 persons who are arrested on charges of violating any penal

12 statute of this State for offenses that are classified as

13 felonies and Class A or B misdemeanors and of all minors of the

14 age of 10 and over who have been arrested for an offense which

15 would be a felony if committed by an adult, and may forward

16 such fingerprints and descriptions for minors arrested for

17 Class A or B misdemeanors. Moving or nonmoving traffic

18 violations under the Illinois Vehicle Code shall not be

19 reported except for violations of Chapter 4, Section 11-204.1,

20 ~~or~~ Section 11-501, or Section 11-508 of that Code. In addition,

21 conservation offenses, as defined in the Supreme Court Rule

22 501(c), that are classified as Class B misdemeanors shall not

23 be reported. Those law enforcement records maintained by the

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1 Department for minors arrested for an offense prior to their

2 17th birthday, or minors arrested for a non-felony offense, if

3 committed by an adult, prior to their 18th birthday, shall not

4 be forwarded to the Federal Bureau of Investigation unless

5 those records relate to an arrest in which a minor was charged

6 as an adult under any of the transfer provisions of the

7 Juvenile Court Act of 1987.

8 (Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09;

9 96-409, eff. 1-1-10; 96-707, eff. 1-1-10; 96-1000, eff.

10 7-2-10.)

11 (Text of Section after amendment by P.A. 98-528)

12 Sec. 5. Arrest reports. All policing bodies of this State

13 shall furnish to the Department, daily, in the form and detail

14 the Department requires, fingerprints, descriptions, and

15 ethnic and racial background data as provided in Section 4.5 of

16 this Act of all persons who are arrested on charges of

17 violating any penal statute of this State for offenses that are

18 classified as felonies and Class A or B misdemeanors and of all

19 minors of the age of 10 and over who have been arrested for an

20 offense which would be a felony if committed by an adult, and

21 may forward such fingerprints and descriptions for minors

22 arrested for Class A or B misdemeanors. Moving or nonmoving

23 traffic violations under the Illinois Vehicle Code shall not be

24 reported except for violations of Chapter 4, Section 11-204.1,

25 ~~or~~ Section 11-501, or Section 11-508 of that Code. In addition,

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1 conservation offenses, as defined in the Supreme Court Rule

2 501(c), that are classified as Class B misdemeanors shall not

3 be reported. Those law enforcement records maintained by the

4 Department for minors arrested for an offense prior to their

5 17th birthday, or minors arrested for a non-felony offense, if

6 committed by an adult, prior to their 18th birthday, shall not

7 be forwarded to the Federal Bureau of Investigation unless

8 those records relate to an arrest in which a minor was charged

9 as an adult under any of the transfer provisions of the

10 Juvenile Court Act of 1987.

11 (Source: P.A. 98-528, eff. 1-1-15.)

12 Section 10. The Illinois Vehicle Code is amended by

13 changing Sections 2-118.1, 6-206, 6-208.1, 11-500, 11-501,

14 11-501.01, 11-501.2, 11-501.4, 11-501.4-1, and 11-501.6 and by

15 adding Section 11-508 as follows:

16 (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)

17 Sec. 2-118.1. Opportunity for hearing; statutory summary

18 alcohol or other drug related suspension or revocation pursuant

19 to Section 11-501.1.

20 (a) A statutory summary suspension or revocation of driving

21 privileges under Section 11-501.1 shall not become effective

22 until the person is notified in writing of the impending

23 suspension or revocation and informed that he may request a

24 hearing in the circuit court of venue under paragraph (b) of

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1 this Section and the statutory summary suspension or revocation

2 shall become effective as provided in Section 11-501.1.

3 (b) Within 90 days after the notice of statutory summary

4 suspension or revocation served under Section 11-501.1, the

5 person may make a written request for a judicial hearing in the

6 circuit court of venue. The request to the circuit court shall

7 state the grounds upon which the person seeks to have the

8 statutory summary suspension or revocation rescinded. Within

9 30 days after receipt of the written request or the first

10 appearance date on the Uniform Traffic Ticket issued pursuant

11 to a violation of Section 11-501, or a similar provision of a

12 local ordinance, the hearing shall be conducted by the circuit

13 court having jurisdiction. This judicial hearing, request, or

14 process shall not stay or delay the statutory summary

15 suspension or revocation. The hearings shall proceed in the

16 court in the same manner as in other civil proceedings.

17 The hearing may be conducted upon a review of the law

18 enforcement officer's own official reports; provided however,

19 that the person may subpoena the officer. Failure of the

20 officer to answer the subpoena shall be considered grounds for

21 a continuance if in the court's discretion the continuance is

22 appropriate.

23 The scope of the hearing shall be limited to the issues of:

24 1. Whether the person was placed under arrest for an

25 offense as defined in Section 11-501, or a similar

26 provision of a local ordinance, as evidenced by the

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1 issuance of a Uniform Traffic Ticket, or issued a Uniform

2 Traffic Ticket out of state as provided in subsection (a)

3 or (a-5) of Section 11-501.1; and

4 2. Whether the officer had reasonable grounds to

5 believe that the person was driving or in actual physical

6 control of a motor vehicle upon a highway while under the

7 influence of alcohol, other drug, or combination of both;

8 and

9 3. Whether the person, after being advised by the

10 officer that the privilege to operate a motor vehicle would

11 be suspended or revoked if the person refused to submit to

12 and complete the test or tests, did refuse to submit to or

13 complete the test or tests authorized under Section

14 11-501.1; or

15 4. Whether the person, after being advised by the

16 officer that the privilege to operate a motor vehicle would

17 be suspended if the person submits to a chemical test, or

18 tests, and the test discloses an alcohol concentration of

19 0.08 or more, or any amount of a drug, substance, or

20 compound in the person's blood or urine after exhibiting

21 other indicia that the person is incapable of driving

22 safelyresulting from the unlawful use or consumption of

23 cannabis listed in the Cannabis Control Act, a controlled

24 substance listed in the Illinois Controlled Substances

25 Act, an intoxicating compound as listed in the Use of

26 Intoxicating Compounds Act, or methamphetamine as listed

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1 in the Methamphetamine Control and Community Protection

2 Act, and the person did submit to and complete the test or

3 tests that determined an alcohol concentration of 0.08 or

4 more.

5 4.2. If the person is a qualifying patient licensed

6 under the Compassionate Use of Medical Cannabis Pilot

7 Program Act who is in possession of a valid registry card

8 issued under that Act, after being advised by the officer

9 that the privilege to operate a motor vehicle would be

10 suspended or revoked if the person refused to submit to and

11 complete the test or tests, did refuse to submit to or

12 complete the test or tests authorized under Section

13 11-501.1.

14 4.5. If the person is a qualifying patient licensed

15 under the Compassionate Use of Medical Cannabis Pilot

16 Program Act who is in possession of a valid registry card

17 issued under that Act, whether that person, after being

18 advised by the officer that the privilege to operate a

19 motor vehicle would be suspended if the person submits to a

20 standardized field sobriety test, or tests, and the test

21 indicates impairment resulting from the consumption of

22 cannabis, did submit to and complete the test or tests that

23 indicated impairment.

24 5. If the person's driving privileges were revoked,

25 whether the person was involved in a motor vehicle accident

26 that caused Type A injury or death to another.

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1 Upon the conclusion of the judicial hearing, the circuit

2 court shall sustain or rescind the statutory summary suspension

3 or revocation and immediately notify the Secretary of State.

4 Reports received by the Secretary of State under this Section

5 shall be privileged information and for use only by the courts,

6 police officers, and Secretary of State.

7 (Source: P.A. 98-122, eff. 1-1-14.)

8 (625 ILCS 5/6-206)

9 Sec. 6-206. Discretionary authority to suspend or revoke

10 license or permit; Right to a hearing.

11 (a) The Secretary of State is authorized to suspend or

12 revoke the driving privileges of any person without preliminary

13 hearing upon a showing of the person's records or other

14 sufficient evidence that the person:

15 1. Has committed an offense for which mandatory

16 revocation of a driver's license or permit is required upon

17 conviction;

18 2. Has been convicted of not less than 3 offenses

19 against traffic regulations governing the movement of

20 vehicles committed within any 12 month period. No

21 revocation or suspension shall be entered more than 6

22 months after the date of last conviction;

23 3. Has been repeatedly involved as a driver in motor

24 vehicle collisions or has been repeatedly convicted of

25 offenses against laws and ordinances regulating the

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1 movement of traffic, to a degree that indicates lack of

2 ability to exercise ordinary and reasonable care in the

3 safe operation of a motor vehicle or disrespect for the

4 traffic laws and the safety of other persons upon the

5 highway;

6 4. Has by the unlawful operation of a motor vehicle

7 caused or contributed to an accident resulting in injury

8 requiring immediate professional treatment in a medical

9 facility or doctor's office to any person, except that any

10 suspension or revocation imposed by the Secretary of State

11 under the provisions of this subsection shall start no

12 later than 6 months after being convicted of violating a

13 law or ordinance regulating the movement of traffic, which

14 violation is related to the accident, or shall start not

15 more than one year after the date of the accident,

16 whichever date occurs later;

17 5. Has permitted an unlawful or fraudulent use of a

18 driver's license, identification card, or permit;

19 6. Has been lawfully convicted of an offense or

20 offenses in another state, including the authorization

21 contained in Section 6-203.1, which if committed within

22 this State would be grounds for suspension or revocation;

23 7. Has refused or failed to submit to an examination

24 provided for by Section 6-207 or has failed to pass the

25 examination;

26 8. Is ineligible for a driver's license or permit under

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1 the provisions of Section 6-103;

2 9. Has made a false statement or knowingly concealed a

3 material fact or has used false information or

4 identification in any application for a license,

5 identification card, or permit;

6 10. Has possessed, displayed, or attempted to

7 fraudulently use any license, identification card, or

8 permit not issued to the person;

9 11. Has operated a motor vehicle upon a highway of this

10 State when the person's driving privilege or privilege to

11 obtain a driver's license or permit was revoked or

12 suspended unless the operation was authorized by a

13 monitoring device driving permit, judicial driving permit

14 issued prior to January 1, 2009, probationary license to

15 drive, or a restricted driving permit issued under this

16 Code;

17 12. Has submitted to any portion of the application

18 process for another person or has obtained the services of

19 another person to submit to any portion of the application

20 process for the purpose of obtaining a license,

21 identification card, or permit for some other person;

22 13. Has operated a motor vehicle upon a highway of this

23 State when the person's driver's license or permit was

24 invalid under the provisions of Sections 6-107.1 and 6-110;

25 14. Has committed a violation of Section 6-301,

26 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B

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1 of the Illinois Identification Card Act;

2 15. Has been convicted of violating Section 21-2 of the

3 Criminal Code of 1961 or the Criminal Code of 2012 relating

4 to criminal trespass to vehicles in which case, the

5 suspension shall be for one year;

6 16. Has been convicted of violating Section 11-204 of

7 this Code relating to fleeing from a peace officer;

8 17. Has refused to submit to a test, or tests, as

9 required under Section 11-501.1 of this Code and the person

10 has not sought a hearing as provided for in Section

11 11-501.1;

12 18. Has, since issuance of a driver's license or

13 permit, been adjudged to be afflicted with or suffering

14 from any mental disability or disease;

15 19. Has committed a violation of paragraph (a) or (b)

16 of Section 6-101 relating to driving without a driver's

17 license;

18 20. Has been convicted of violating Section 6-104

19 relating to classification of driver's license;

20 21. Has been convicted of violating Section 11-402 of

21 this Code relating to leaving the scene of an accident

22 resulting in damage to a vehicle in excess of $1,000, in

23 which case the suspension shall be for one year;

24 22. Has used a motor vehicle in violating paragraph

25 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of

26 the Criminal Code of 1961 or the Criminal Code of 2012

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1 relating to unlawful use of weapons, in which case the

2 suspension shall be for one year;

3 23. Has, as a driver, been convicted of committing a

4 violation of paragraph (a) of Section 11-502 of this Code

5 for a second or subsequent time within one year of a

6 similar violation;

7 24. Has been convicted by a court-martial or punished

8 by non-judicial punishment by military authorities of the

9 United States at a military installation in Illinois of or

10 for a traffic related offense that is the same as or

11 similar to an offense specified under Section 6-205 or

12 6-206 of this Code;

13 25. Has permitted any form of identification to be used

14 by another in the application process in order to obtain or

15 attempt to obtain a license, identification card, or

16 permit;

17 26. Has altered or attempted to alter a license or has

18 possessed an altered license, identification card, or

19 permit;

20 27. Has violated Section 6-16 of the Liquor Control Act

21 of 1934;

22 28. Has been convicted for a first time of the illegal

23 possession, while operating or in actual physical control,

24 as a driver, of a motor vehicle, of any controlled

25 substance prohibited under the Illinois Controlled

26 Substances Act, any cannabis prohibited under the Cannabis

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1 Control Act, or any methamphetamine prohibited under the

2 Methamphetamine Control and Community Protection Act, in

3 which case the person's driving privileges shall be

4 suspended for one year. Any defendant found guilty of this

5 offense while operating a motor vehicle, shall have an

6 entry made in the court record by the presiding judge that

7 this offense did occur while the defendant was operating a

8 motor vehicle and order the clerk of the court to report

9 the violation to the Secretary of State;

10 29. Has been convicted of the following offenses that

11 were committed while the person was operating or in actual

12 physical control, as a driver, of a motor vehicle: criminal

13 sexual assault, predatory criminal sexual assault of a

14 child, aggravated criminal sexual assault, criminal sexual

15 abuse, aggravated criminal sexual abuse, juvenile pimping,

16 soliciting for a juvenile prostitute, promoting juvenile

17 prostitution as described in subdivision (a)(1), (a)(2),

18 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961

19 or the Criminal Code of 2012, and the manufacture, sale or

20 delivery of controlled substances or instruments used for

21 illegal drug use or abuse in which case the driver's

22 driving privileges shall be suspended for one year;

23 30. Has been convicted a second or subsequent time for

24 any combination of the offenses named in paragraph 29 of

25 this subsection, in which case the person's driving

26 privileges shall be suspended for 5 years;

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1 31. Has refused to submit to a test as required by

2 Section 11-501.6 of this Code or Section 5-16c of the Boat

3 Registration and Safety Act or has submitted to a test

4 resulting in an alcohol concentration of 0.08 or more or

5 any amount of a drug, substance, or compoundafter

6 exhibiting other indicia that the person is incapable of

7 driving or operating a motorboat safely resulting from the

8 unlawful use or consumption of cannabis as listed in the

9 Cannabis Control Act, a controlled substance as listed in

10 the Illinois Controlled Substances Act, an intoxicating

11 compound as listed in the Use of Intoxicating Compounds

12 Act, or methamphetamine as listed in the Methamphetamine

13 Control and Community Protection Act, in which case the

14 penalty shall be as prescribed in Section 6-208.1;

15 32. Has been convicted of Section 24-1.2 of the

16 Criminal Code of 1961 or the Criminal Code of 2012 relating

17 to the aggravated discharge of a firearm if the offender

18 was located in a motor vehicle at the time the firearm was

19 discharged, in which case the suspension shall be for 3

20 years;

21 33. Has as a driver, who was less than 21 years of age

22 on the date of the offense, been convicted a first time of

23 a violation of paragraph (a) of Section 11-502 of this Code

24 or a similar provision of a local ordinance;

25 34. Has committed a violation of Section 11-1301.5 of

26 this Code or a similar provision of a local ordinance;

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1 35. Has committed a violation of Section 11-1301.6 of

2 this Code or a similar provision of a local ordinance;

3 36. Is under the age of 21 years at the time of arrest

4 and has been convicted of not less than 2 offenses against

5 traffic regulations governing the movement of vehicles

6 committed within any 24 month period. No revocation or

7 suspension shall be entered more than 6 months after the

8 date of last conviction;

9 37. Has committed a violation of subsection (c) of

10 Section 11-907 of this Code that resulted in damage to the

11 property of another or the death or injury of another;

12 38. Has been convicted of a violation of Section 6-20

13 of the Liquor Control Act of 1934 or a similar provision of

14 a local ordinance;

15 39. Has committed a second or subsequent violation of

16 Section 11-1201 of this Code;

17 40. Has committed a violation of subsection (a-1) of

18 Section 11-908 of this Code;

19 41. Has committed a second or subsequent violation of

20 Section 11-605.1 of this Code, a similar provision of a

21 local ordinance, or a similar violation in any other state

22 within 2 years of the date of the previous violation, in

23 which case the suspension shall be for 90 days;

24 42. Has committed a violation of subsection (a-1) of

25 Section 11-1301.3 of this Code or a similar provision of a

26 local ordinance;

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1 43. Has received a disposition of court supervision for

2 a violation of subsection (a), (d), or (e) of Section 6-20

3 of the Liquor Control Act of 1934 or a similar provision of

4 a local ordinance, in which case the suspension shall be

5 for a period of 3 months;

6 44. Is under the age of 21 years at the time of arrest

7 and has been convicted of an offense against traffic

8 regulations governing the movement of vehicles after

9 having previously had his or her driving privileges

10 suspended or revoked pursuant to subparagraph 36 of this

11 Section;

12 45. Has, in connection with or during the course of a

13 formal hearing conducted under Section 2-118 of this Code:

14 (i) committed perjury; (ii) submitted fraudulent or

15 falsified documents; (iii) submitted documents that have

16 been materially altered; or (iv) submitted, as his or her

17 own, documents that were in fact prepared or composed for

18 another person;

19 46. Has committed a violation of subsection (j) of

20 Section 3-413 of this Code; or

21 47. Has committed a violation of Section 11-502.1 of

22 this Code.

23 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

24 and 27 of this subsection, license means any driver's license,

25 any traffic ticket issued when the person's driver's license is

26 deposited in lieu of bail, a suspension notice issued by the

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1 Secretary of State, a duplicate or corrected driver's license,

2 a probationary driver's license or a temporary driver's

3 license.

4 (b) If any conviction forming the basis of a suspension or

5 revocation authorized under this Section is appealed, the

6 Secretary of State may rescind or withhold the entry of the

7 order of suspension or revocation, as the case may be, provided

8 that a certified copy of a stay order of a court is filed with

9 the Secretary of State. If the conviction is affirmed on

10 appeal, the date of the conviction shall relate back to the

11 time the original judgment of conviction was entered and the 6

12 month limitation prescribed shall not apply.

13 (c) 1. Upon suspending or revoking the driver's license or

14 permit of any person as authorized in this Section, the

15 Secretary of State shall immediately notify the person in

16 writing of the revocation or suspension. The notice to be

17 deposited in the United States mail, postage prepaid, to the

18 last known address of the person.

19 2. If the Secretary of State suspends the driver's

20 license of a person under subsection 2 of paragraph (a) of

21 this Section, a person's privilege to operate a vehicle as

22 an occupation shall not be suspended, provided an affidavit

23 is properly completed, the appropriate fee received, and a

24 permit issued prior to the effective date of the

25 suspension, unless 5 offenses were committed, at least 2 of

26 which occurred while operating a commercial vehicle in

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1 connection with the driver's regular occupation. All other

2 driving privileges shall be suspended by the Secretary of

3 State. Any driver prior to operating a vehicle for

4 occupational purposes only must submit the affidavit on

5 forms to be provided by the Secretary of State setting

6 forth the facts of the person's occupation. The affidavit

7 shall also state the number of offenses committed while

8 operating a vehicle in connection with the driver's regular

9 occupation. The affidavit shall be accompanied by the

10 driver's license. Upon receipt of a properly completed

11 affidavit, the Secretary of State shall issue the driver a

12 permit to operate a vehicle in connection with the driver's

13 regular occupation only. Unless the permit is issued by the

14 Secretary of State prior to the date of suspension, the

15 privilege to drive any motor vehicle shall be suspended as

16 set forth in the notice that was mailed under this Section.

17 If an affidavit is received subsequent to the effective

18 date of this suspension, a permit may be issued for the

19 remainder of the suspension period.

20 The provisions of this subparagraph shall not apply to

21 any driver required to possess a CDL for the purpose of

22 operating a commercial motor vehicle.

23 Any person who falsely states any fact in the affidavit

24 required herein shall be guilty of perjury under Section

25 6-302 and upon conviction thereof shall have all driving

26 privileges revoked without further rights.

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1 3. At the conclusion of a hearing under Section 2-118

2 of this Code, the Secretary of State shall either rescind

3 or continue an order of revocation or shall substitute an

4 order of suspension; or, good cause appearing therefor,

5 rescind, continue, change, or extend the order of

6 suspension. If the Secretary of State does not rescind the

7 order, the Secretary may upon application, to relieve undue

8 hardship (as defined by the rules of the Secretary of

9 State), issue a restricted driving permit granting the

10 privilege of driving a motor vehicle between the

11 petitioner's residence and petitioner's place of

12 employment or within the scope of the petitioner's

13 employment related duties, or to allow the petitioner to

14 transport himself or herself, or a family member of the

15 petitioner's household to a medical facility, to receive

16 necessary medical care, to allow the petitioner to

17 transport himself or herself to and from alcohol or drug

18 remedial or rehabilitative activity recommended by a

19 licensed service provider, or to allow the petitioner to

20 transport himself or herself or a family member of the

21 petitioner's household to classes, as a student, at an

22 accredited educational institution, or to allow the

23 petitioner to transport children, elderly persons, or

24 disabled persons who do not hold driving privileges and are

25 living in the petitioner's household to and from daycare.

26 The petitioner must demonstrate that no alternative means

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1 of transportation is reasonably available and that the

2 petitioner will not endanger the public safety or welfare.

3 Those multiple offenders identified in subdivision (b)4 of

4 Section 6-208 of this Code, however, shall not be eligible

5 for the issuance of a restricted driving permit.

6 (A) If a person's license or permit is revoked or

7 suspended due to 2 or more convictions of violating

8 Section 11-501 of this Code or a similar provision of a

9 local ordinance or a similar out-of-state offense, or

10 Section 9-3 of the Criminal Code of 1961 or the

11 Criminal Code of 2012, where the use of alcohol or

12 other drugs is recited as an element of the offense, or

13 a similar out-of-state offense, or a combination of

14 these offenses, arising out of separate occurrences,

15 that person, if issued a restricted driving permit, may

16 not operate a vehicle unless it has been equipped with

17 an ignition interlock device as defined in Section

18 1-129.1.

19 (B) If a person's license or permit is revoked or

20 suspended 2 or more times within a 10 year period due

21 to any combination of:

22 (i) a single conviction of violating Section

23 11-501 of this Code or a similar provision of a

24 local ordinance or a similar out-of-state offense

25 or Section 9-3 of the Criminal Code of 1961 or the

26 Criminal Code of 2012, where the use of alcohol or

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1 other drugs is recited as an element of the

2 offense, or a similar out-of-state offense; or

3 (ii) a statutory summary suspension or

4 revocation under Section 11-501.1; or

5 (iii) a suspension under Section 6-203.1;

6 arising out of separate occurrences; that person, if

7 issued a restricted driving permit, may not operate a

8 vehicle unless it has been equipped with an ignition

9 interlock device as defined in Section 1-129.1.

10 (C) The person issued a permit conditioned upon the

11 use of an ignition interlock device must pay to the

12 Secretary of State DUI Administration Fund an amount

13 not to exceed $30 per month. The Secretary shall

14 establish by rule the amount and the procedures, terms,

15 and conditions relating to these fees.

16 (D) If the restricted driving permit is issued for

17 employment purposes, then the prohibition against

18 operating a motor vehicle that is not equipped with an

19 ignition interlock device does not apply to the

20 operation of an occupational vehicle owned or leased by

21 that person's employer when used solely for employment

22 purposes.

23 (E) In each case the Secretary may issue a

24 restricted driving permit for a period deemed

25 appropriate, except that all permits shall expire

26 within one year from the date of issuance. The

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1 Secretary may not, however, issue a restricted driving

2 permit to any person whose current revocation is the

3 result of a second or subsequent conviction for a

4 violation of Section 11-501 of this Code or a similar

5 provision of a local ordinance or any similar

6 out-of-state offense, or Section 9-3 of the Criminal

7 Code of 1961 or the Criminal Code of 2012, where the

8 use of alcohol or other drugs is recited as an element

9 of the offense, or any similar out-of-state offense, or

10 any combination of those offenses, until the

11 expiration of at least one year from the date of the

12 revocation. A restricted driving permit issued under

13 this Section shall be subject to cancellation,

14 revocation, and suspension by the Secretary of State in

15 like manner and for like cause as a driver's license

16 issued under this Code may be cancelled, revoked, or

17 suspended; except that a conviction upon one or more

18 offenses against laws or ordinances regulating the

19 movement of traffic shall be deemed sufficient cause

20 for the revocation, suspension, or cancellation of a

21 restricted driving permit. The Secretary of State may,

22 as a condition to the issuance of a restricted driving

23 permit, require the applicant to participate in a

24 designated driver remedial or rehabilitative program.

25 The Secretary of State is authorized to cancel a

26 restricted driving permit if the permit holder does not

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1 successfully complete the program.

2 (c-3) In the case of a suspension under paragraph 43 of

3 subsection (a), reports received by the Secretary of State

4 under this Section shall, except during the actual time the

5 suspension is in effect, be privileged information and for use

6 only by the courts, police officers, prosecuting authorities,

7 the driver licensing administrator of any other state, the

8 Secretary of State, or the parent or legal guardian of a driver

9 under the age of 18. However, beginning January 1, 2008, if the

10 person is a CDL holder, the suspension shall also be made

11 available to the driver licensing administrator of any other

12 state, the U.S. Department of Transportation, and the affected

13 driver or motor carrier or prospective motor carrier upon

14 request.

15 (c-4) In the case of a suspension under paragraph 43 of

16 subsection (a), the Secretary of State shall notify the person

17 by mail that his or her driving privileges and driver's license

18 will be suspended one month after the date of the mailing of

19 the notice.

20 (c-5) The Secretary of State may, as a condition of the

21 reissuance of a driver's license or permit to an applicant

22 whose driver's license or permit has been suspended before he

23 or she reached the age of 21 years pursuant to any of the

24 provisions of this Section, require the applicant to

25 participate in a driver remedial education course and be

26 retested under Section 6-109 of this Code.

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1 (d) This Section is subject to the provisions of the

2 Drivers License Compact.

3 (e) The Secretary of State shall not issue a restricted

4 driving permit to a person under the age of 16 years whose

5 driving privileges have been suspended or revoked under any

6 provisions of this Code.

7 (f) In accordance with 49 C.F.R. 384, the Secretary of

8 State may not issue a restricted driving permit for the

9 operation of a commercial motor vehicle to a person holding a

10 CDL whose driving privileges have been suspended, revoked,

11 cancelled, or disqualified under any provisions of this Code.

12 (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;

13 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;

14 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.

15 1-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)

16 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)

17 (Text of Section from P.A. 96-1526 and 98-122)

18 Sec. 6-208.1. Period of statutory summary alcohol, other

19 drug, or intoxicating compound related suspension.

20 (a) Unless the statutory summary suspension has been

21 rescinded, any person whose privilege to drive a motor vehicle

22 on the public highways has been summarily suspended, pursuant

23 to Section 11-501.1, shall not be eligible for restoration of

24 the privilege until the expiration of:

25 1. Twelve months from the effective date of the

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1 statutory summary suspension for a refusal or failure to

2 complete a test or tests authorized under Section 11-501.1;

3 or

4 2. Six months from the effective date of the statutory

5 summary suspension imposed following the person's

6 submission to a chemical test which disclosed an alcohol

7 concentration of 0.08 or more, or any amount of a drug,

8 substance, or intoxicating compound in such person's

9 breath, blood, or urineafter exhibiting other indicia that

10 the person is incapable of driving safelyresulting from

11 the unlawful use or consumption of cannabis listed in the

12 Cannabis Control Act, a controlled substance listed in the

13 Illinois Controlled Substances Act, an intoxicating

14 compound listed in the Use of Intoxicating Compounds Act,

15 or methamphetamine as listed in the Methamphetamine

16 Control and Community Protection Act, pursuant to Section

17 11-501.1; or

18 3. Three years from the effective date of the statutory

19 summary suspension for any person other than a first

20 offender who refuses or fails to complete a test or tests

21 to determine the alcohol, drug, or intoxicating compound

22 concentration pursuant to Section 11-501.1; or

23 4. One year from the effective date of the summary

24 suspension imposed for any person other than a first

25 offender following submission to a chemical test which

26 disclosed an alcohol concentration of 0.08 or more pursuant

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1 to Section 11-501.1 or any amount of a drug, substance or

2 compound in such person's blood or urine after exhibiting

3 other indicia that the person is incapable of driving

4 safelyresulting from the unlawful use or consumption of

5 cannabis listed in the Cannabis Control Act, a controlled

6 substance listed in the Illinois Controlled Substances

7 Act, an intoxicating compound listed in the Use of

8 Intoxicating Compounds Act, or methamphetamine as listed

9 in the Methamphetamine Control and Community Protection

10 Act; or

11 5. Six months from the effective date of the statutory

12 summary suspension imposed for any person following

13 submission to a standardized field sobriety test that

14 disclosed impairment if the person is a qualifying patient

15 licensed under the Compassionate Use of Medical Cannabis

16 Pilot Program Act who is in possession of a valid registry

17 card issued under that Act and submitted to testing under

18 subsection (a-5) of Section 11-501.1.

19 (b) Following a statutory summary suspension of the

20 privilege to drive a motor vehicle under Section 11-501.1,

21 driving privileges shall be restored unless the person is

22 otherwise suspended, revoked, or cancelled by this Code. If the

23 court has reason to believe that the person's driving privilege

24 should not be restored, the court shall notify the Secretary of

25 State prior to the expiration of the statutory summary

26 suspension so appropriate action may be taken pursuant to this

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1 Code.

2 (c) Driving privileges may not be restored until all

3 applicable reinstatement fees, as provided by this Code, have

4 been paid to the Secretary of State and the appropriate entry

5 made to the driver's record.

6 (d) Where a driving privilege has been summarily suspended

7 under Section 11-501.1 and the person is subsequently convicted

8 of violating Section 11-501, or a similar provision of a local

9 ordinance, for the same incident, any period served on

10 statutory summary suspension shall be credited toward the

11 minimum period of revocation of driving privileges imposed

12 pursuant to Section 6-205.

13 (e) (Blank).

14 (f) (Blank).

15 (g) Following a statutory summary suspension of driving

16 privileges pursuant to Section 11-501.1 where the person was

17 not a first offender, as defined in Section 11-500, the

18 Secretary of State may not issue a restricted driving permit.

19 (h) (Blank).

20 (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,

21 eff. 8-21-08; 96-1526, eff. 2-14-11; 98-122, eff. 1-1-14.)

22 (Text of Section from P.A. 96-1344, 97-229, and 98-122)

23 Sec. 6-208.1. Period of statutory summary alcohol, other

24 drug, or intoxicating compound related suspension or

25 revocation.

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1 (a) Unless the statutory summary suspension has been

2 rescinded, any person whose privilege to drive a motor vehicle

3 on the public highways has been summarily suspended, pursuant

4 to Section 11-501.1, shall not be eligible for restoration of

5 the privilege until the expiration of:

6 1. Twelve months from the effective date of the

7 statutory summary suspension for a refusal or failure to

8 complete a test or tests authorized under Section 11-501.1,

9 if the person was not involved in a motor vehicle crash

10 that caused personal injury or death to another; 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, or any amount of a drug,

15 substance, or intoxicating compound in such person's

16 breath, blood, or urineafter exhibiting other indicia that

17 the person is incapable of driving safelyresulting from

18 the unlawful use or consumption of cannabis listed in the

19 Cannabis Control Act, a controlled substance listed in the

20 Illinois Controlled Substances Act, an intoxicating

21 compound listed in the Use of Intoxicating Compounds Act,

22 or methamphetamine as listed in the Methamphetamine

23 Control and Community Protection Act, pursuant to Section

24 11-501.1; or

25 3. Three years from the effective date of the statutory

26 summary suspension for any person other than a first

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1 offender who refuses or fails to complete a test or tests

2 to determine the alcohol, drug, or intoxicating compound

3 concentration pursuant to Section 11-501.1; or

4 4. One year from the effective date of the summary

5 suspension imposed for any person other than a first

6 offender following submission to a chemical test which

7 disclosed an alcohol concentration of 0.08 or more pursuant

8 to Section 11-501.1 or any amount of a drug, substance or

9 compound in such person's blood or urine after exhibiting

10 other indicia that the person is incapable of driving

11 safelyresulting from the unlawful use or consumption of

12 cannabis listed in the Cannabis Control Act, a controlled

13 substance listed in the Illinois Controlled Substances

14 Act, an intoxicating compound listed in the Use of

15 Intoxicating Compounds Act, or methamphetamine as listed

16 in the Methamphetamine Control and Community Protection

17 Act; or

18 5. Six months from the effective date of the statutory

19 summary suspension imposed for any person following

20 submission to a standardized field sobriety test that

21 disclosed impairment if the person is a qualifying patient

22 licensed under the Compassionate Use of Medical Cannabis

23 Pilot Program Act who is in possession of a valid registry

24 card issued under that Act and submitted to testing under

25 subsection (a-5) of Section 11-501.1.

26 (a-1) Unless the statutory summary revocation has been

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1 rescinded, any person whose privilege to drive has been

2 summarily revoked pursuant to Section 11-501.1 may not make

3 application for a license or permit until the expiration of one

4 year from the effective date of the summary revocation.

5 (b) Following a statutory summary suspension of the

6 privilege to drive a motor vehicle under Section 11-501.1,

7 driving privileges shall be restored unless the person is

8 otherwise suspended, revoked, or cancelled by this Code. If the

9 court has reason to believe that the person's driving privilege

10 should not be restored, the court shall notify the Secretary of

11 State prior to the expiration of the statutory summary

12 suspension so appropriate action may be taken pursuant to this

13 Code.

14 (c) Driving privileges may not be restored until all

15 applicable reinstatement fees, as provided by this Code, have

16 been paid to the Secretary of State and the appropriate entry

17 made to the driver's record.

18 (d) Where a driving privilege has been summarily suspended

19 or revoked under Section 11-501.1 and the person is

20 subsequently convicted of violating Section 11-501, or a

21 similar provision of a local ordinance, for the same incident,

22 any period served on statutory summary suspension or revocation

23 shall be credited toward the minimum period of revocation of

24 driving privileges imposed pursuant to Section 6-205.

25 (e) Following a statutory summary suspension of driving

26 privileges pursuant to Section 11-501.1, for a first offender,

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1 the circuit court shall, unless the offender has opted in

2 writing not to have a monitoring device driving permit issued,

3 order the Secretary of State to issue a monitoring device

4 driving permit as provided in Section 6-206.1. A monitoring

5 device driving permit shall not be effective prior to the 31st

6 day of the statutory summary suspension. A first offender who

7 refused chemical testing and whose driving privileges were

8 summarily revoked pursuant to Section 11-501.1 shall not be

9 eligible for a monitoring device driving permit, but may make

10 application for reinstatement or for a restricted driving

11 permit after a period of one year has elapsed from the

12 effective date of the revocation.

13 (f) (Blank).

14 (g) Following a statutory summary suspension of driving

15 privileges pursuant to Section 11-501.1 where the person was

16 not a first offender, as defined in Section 11-500, the

17 Secretary of State may not issue a restricted driving permit.

18 (h) (Blank).

19 (Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11;

20 98-122, eff. 1-1-14.)

21 (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)

22 Sec. 11-500. Definitions. For the purposes of interpreting

23 Sections 6-206.1 and 6-208.1 of this Code, "first offender"

24 shall mean any person who has not had a previous conviction or

25 court assigned supervision for violating Section 11-501, or a

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1 similar provision of a local ordinance, or a conviction in any

2 other state for a violation of driving while under the

3 influence or a similar offense where the cause of action is the

4 same or substantially similar to this Code or similar offenses

5 committed on a military installation, or any person who has not

6 had a driver's license suspension pursuant to paragraph 6 of

7 subsection (a) of Section 6-206 as the result of refusal of

8 chemical testing in another state, or any person who has not

9 had a driver's license suspension or revocation for violating

10 Section 11-501.1 within 5 years prior to the date of the

11 current offense, except in cases where the driver submitted to

12 chemical testing resulting in an alcohol concentration of 0.08

13 or more, or any amount of a drug, substance, or compound in

14 such person's blood or urineafter exhibiting other indicia

15 that the person is incapable of driving safely resulting from

16 the unlawful use or consumption of cannabis listed in the

17 Cannabis Control Act, a controlled substance listed in the

18 Illinois Controlled Substances Act, or an intoxicating

19 compound listed in the Use of Intoxicating Compounds Act, or

20 methamphetamine as listed in the Methamphetamine Control and

21 Community Protection Act and was subsequently found not guilty

22 of violating Section 11-501, or a similar provision of a local

23 ordinance.

24 (Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09;

25 96-1344, eff. 7-1-11.)

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1 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)

2 Sec. 11-501. Driving while under the influence of alcohol,

3 other drug or drugs, intoxicating compound or compounds or any

4 combination thereof.

5 (a) A person shall not drive or be in actual physical

6 control of any vehicle within this State while:

7 (1) the alcohol concentration in the person's blood or

8 breath is 0.08 or more based on the definition of blood and

9 breath units in Section 11-501.2;

10 (2) under the influence of alcohol;

11 (3) under the influence of any intoxicating compound or

12 combination of intoxicating compounds to a degree that

13 renders the person incapable of driving safely;

14 (4) under the influence of any other drug or

15 combination of drugs to a degree that renders the person

16 incapable of safely driving; or

17 (5) under the combined influence of alcohol, other drug

18 or drugs, or intoxicating compound or compounds to a degree

19 that renders the person incapable of safely driving. ~~; or~~

20 (6) (blank). ~~there is any amount of a drug, substance,~~

21 ~~or compound in the person's breath, blood, or urine~~

22 ~~resulting from the unlawful use or consumption of cannabis~~

23 ~~listed in the Cannabis Control Act, a controlled substance~~

24 ~~listed in the Illinois Controlled Substances Act, an~~

25 ~~intoxicating compound listed in the Use of Intoxicating~~

26 ~~Compounds Act, or methamphetamine as listed in the~~

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1 ~~Methamphetamine Control and Community Protection Act.~~

2 ~~Subject to all other requirements and provisions under this~~

3 ~~Section, this paragraph (6) does not apply to the lawful~~

4 ~~consumption of cannabis by a qualifying patient licensed~~

5 ~~under the Compassionate Use of Medical Cannabis Pilot~~

6 ~~Program Act who is in possession of a valid registry card~~

7 ~~issued under that Act, unless that person is impaired by~~

8 ~~the use of cannabis.~~

9 (b) The fact that any person charged with violating this

10 Section is or has been legally entitled to use alcohol,

11 cannabis under the Compassionate Use of Medical Cannabis Pilot

12 Program Act, other drug or drugs, or intoxicating compound or

13 compounds, or any combination thereof, shall not constitute a

14 defense against any charge of violating this Section.

15 (c) Penalties.

16 (1) Except as otherwise provided in this Section, any

17 person convicted of violating subsection (a) of this

18 Section is guilty of a Class A misdemeanor.

19 (2) A person who violates subsection (a) or a similar

20 provision a second time shall be sentenced to a mandatory

21 minimum term of either 5 days of imprisonment or 240 hours

22 of community service in addition to any other criminal or

23 administrative sanction.

24 (3) A person who violates subsection (a) is subject to

25 6 months of imprisonment, an additional mandatory minimum

26 fine of $1,000, and 25 days of community service in a

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1 program benefiting children if the person was transporting

2 a person under the age of 16 at the time of the violation.

3 (4) A person who violates subsection (a) a first time,

4 if the alcohol concentration in his or her blood, breath,

5 or urine was 0.16 or more based on the definition of blood,

6 breath, or urine units in Section 11-501.2, shall be

7 subject, in addition to any other penalty that may be

8 imposed, to a mandatory minimum of 100 hours of community

9 service and a mandatory minimum fine of $500.

10 (5) A person who violates subsection (a) a second time,

11 if at the time of the second violation the alcohol

12 concentration in his or her blood, breath, or urine was

13 0.16 or more based on the definition of blood, breath, or

14 urine units in Section 11-501.2, shall be subject, in

15 addition to any other penalty that may be imposed, to a

16 mandatory minimum of 2 days of imprisonment and a mandatory

17 minimum fine of $1,250.

18 (d) Aggravated driving under the influence of alcohol,

19 other drug or drugs, or intoxicating compound or compounds, or

20 any combination thereof.

21 (1) Every person convicted of committing a violation of

22 this Section shall be guilty of aggravated driving under

23 the influence of alcohol, other drug or drugs, or

24 intoxicating compound or compounds, or any combination

25 thereof if:

26 (A) the person committed a violation of subsection

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1 (a) or a similar provision for the third or subsequent

2 time;

3 (B) the person committed a violation of subsection

4 (a) while driving a school bus with one or more

5 passengers on board;

6 (C) the person in committing a violation of

7 subsection (a) was involved in a motor vehicle accident

8 that resulted in great bodily harm or permanent

9 disability or disfigurement to another, when the

10 violation was a proximate cause of the injuries;

11 (D) the person committed a violation of subsection

12 (a) and has been previously convicted of violating

13 Section 9-3 of the Criminal Code of 1961 or the

14 Criminal Code of 2012 or a similar provision of a law

15 of another state relating to reckless homicide in which

16 the person was determined to have been under the

17 influence of alcohol, other drug or drugs, or

18 intoxicating compound or compounds as an element of the

19 offense or the person has previously been convicted

20 under subparagraph (C) or subparagraph (F) of this

21 paragraph (1);

22 (E) the person, in committing a violation of

23 subsection (a) while driving at any speed in a school

24 speed zone at a time when a speed limit of 20 miles per

25 hour was in effect under subsection (a) of Section

26 11-605 of this Code, was involved in a motor vehicle

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1 accident that resulted in bodily harm, other than great

2 bodily harm or permanent disability or disfigurement,

3 to another person, when the violation of subsection (a)

4 was a proximate cause of the bodily harm;

5 (F) the person, in committing a violation of

6 subsection (a), was involved in a motor vehicle,

7 snowmobile, all-terrain vehicle, or watercraft

8 accident that resulted in the death of another person,

9 when the violation of subsection (a) was a proximate

10 cause of the death;

11 (G) the person committed a violation of subsection

12 (a) during a period in which the defendant's driving

13 privileges are revoked or suspended, where the

14 revocation or suspension was for a violation of

15 subsection (a) or a similar provision, Section

16 11-501.1, paragraph (b) of Section 11-401, or for

17 reckless homicide as defined in Section 9-3 of the

18 Criminal Code of 1961 or the Criminal Code of 2012;

19 (H) the person committed the violation while he or

20 she did not possess a driver's license or permit or a

21 restricted driving permit or a judicial driving permit

22 or a monitoring device driving permit;

23 (I) the person committed the violation while he or

24 she knew or should have known that the vehicle he or

25 she was driving was not covered by a liability

26 insurance policy;

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1 (J) the person in committing a violation of

2 subsection (a) was involved in a motor vehicle accident

3 that resulted in bodily harm, but not great bodily

4 harm, to the child under the age of 16 being

5 transported by the person, if the violation was the

6 proximate cause of the injury;

7 (K) the person in committing a second violation of

8 subsection (a) or a similar provision was transporting

9 a person under the age of 16; or

10 (L) the person committed a violation of subsection

11 (a) of this Section while transporting one or more

12 passengers in a vehicle for-hire.

13 (2)(A) Except as provided otherwise, a person

14 convicted of aggravated driving under the influence of

15 alcohol, other drug or drugs, or intoxicating compound or

16 compounds, or any combination thereof is guilty of a Class

17 4 felony.

18 (B) A third violation of this Section or a similar

19 provision is a Class 2 felony. If at the time of the third

20 violation the alcohol concentration in his or her blood,

21 breath, or urine was 0.16 or more based on the definition

22 of blood, breath, or urine units in Section 11-501.2, a

23 mandatory minimum of 90 days of imprisonment and a

24 mandatory minimum fine of $2,500 shall be imposed in

25 addition to any other criminal or administrative sanction.

26 If at the time of the third violation, the defendant was

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1 transporting a person under the age of 16, a mandatory fine

2 of $25,000 and 25 days of community service in a program

3 benefiting children shall be imposed in addition to any

4 other criminal or administrative sanction.

5 (C) A fourth violation of this Section or a similar

6 provision is a Class 2 felony, for which a sentence of

7 probation or conditional discharge may not be imposed. If

8 at the time of the violation, the alcohol concentration in

9 the defendant's blood, breath, or urine was 0.16 or more

10 based on the definition of blood, breath, or urine units in

11 Section 11-501.2, a mandatory minimum fine of $5,000 shall

12 be imposed in addition to any other criminal or

13 administrative sanction. If at the time of the fourth

14 violation, the defendant was transporting a person under

15 the age of 16 a mandatory fine of $25,000 and 25 days of

16 community service in a program benefiting children shall be

17 imposed in addition to any other criminal or administrative

18 sanction.

19 (D) A fifth violation of this Section or a similar

20 provision is a Class 1 felony, for which a sentence of

21 probation or conditional discharge may not be imposed. If

22 at the time of the violation, the alcohol concentration in

23 the defendant's blood, breath, or urine was 0.16 or more

24 based on the definition of blood, breath, or urine units in

25 Section 11-501.2, a mandatory minimum fine of $5,000 shall

26 be imposed in addition to any other criminal or

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1 administrative sanction. If at the time of the fifth

2 violation, the defendant was transporting a person under

3 the age of 16, a mandatory fine of $25,000, and 25 days of

4 community service in a program benefiting children shall be

5 imposed in addition to any other criminal or administrative

6 sanction.

7 (E) A sixth or subsequent violation of this Section or

8 similar provision is a Class X felony. If at the time of

9 the violation, the alcohol concentration in the

10 defendant's blood, breath, or urine was 0.16 or more based

11 on the definition of blood, breath, or urine units in

12 Section 11-501.2, a mandatory minimum fine of $5,000 shall

13 be imposed in addition to any other criminal or

14 administrative sanction. If at the time of the violation,

15 the defendant was transporting a person under the age of

16 16, a mandatory fine of $25,000 and 25 days of community

17 service in a program benefiting children shall be imposed

18 in addition to any other criminal or administrative

19 sanction.

20 (F) For a violation of subparagraph (C) of paragraph

21 (1) of this subsection (d), the defendant, if sentenced to

22 a term of imprisonment, shall be sentenced to not less than

23 one year nor more than 12 years.

24 (G) A violation of subparagraph (F) of paragraph (1) of

25 this subsection (d) is a Class 2 felony, for which the

26 defendant, unless the court determines that extraordinary

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1 circumstances exist and require probation, shall be

2 sentenced to: (i) a term of imprisonment of not less than 3

3 years and not more than 14 years if the violation resulted

4 in the death of one person; or (ii) a term of imprisonment

5 of not less than 6 years and not more than 28 years if the

6 violation resulted in the deaths of 2 or more persons.

7 (H) For a violation of subparagraph (J) of paragraph

8 (1) of this subsection (d), a mandatory fine of $2,500, and

9 25 days of community service in a program benefiting

10 children shall be imposed in addition to any other criminal

11 or administrative sanction.

12 (I) A violation of subparagraph (K) of paragraph (1) of

13 this subsection (d), is a Class 2 felony and a mandatory

14 fine of $2,500, and 25 days of community service in a

15 program benefiting children shall be imposed in addition to

16 any other criminal or administrative sanction. If the child

17 being transported suffered bodily harm, but not great

18 bodily harm, in a motor vehicle accident, and the violation

19 was the proximate cause of that injury, a mandatory fine of

20 $5,000 and 25 days of community service in a program

21 benefiting children shall be imposed in addition to any

22 other criminal or administrative sanction.

23 (J) A violation of subparagraph (D) of paragraph (1) of

24 this subsection (d) is a Class 3 felony, for which a

25 sentence of probation or conditional discharge may not be

26 imposed.

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1 (3) Any person sentenced under this subsection (d) who

2 receives a term of probation or conditional discharge must

3 serve a minimum term of either 480 hours of community

4 service or 10 days of imprisonment as a condition of the

5 probation or conditional discharge in addition to any other

6 criminal or administrative sanction.

7 (e) Any reference to a prior violation of subsection (a) or

8 a similar provision includes any violation of a provision of a

9 local ordinance or a provision of a law of another state or an

10 offense committed on a military installation that is similar to

11 a violation of subsection (a) of this Section.

12 (f) The imposition of a mandatory term of imprisonment or

13 assignment of community service for a violation of this Section

14 shall not be suspended or reduced by the court.

15 (g) Any penalty imposed for driving with a license that has

16 been revoked for a previous violation of subsection (a) of this

17 Section shall be in addition to the penalty imposed for any

18 subsequent violation of subsection (a).

19 (h) For any prosecution under this Section, a certified

20 copy of the driving abstract of the defendant shall be admitted

21 as proof of any prior conviction.

22 (Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14;

23 98-573, eff. 8-27-13; revised 9-19-13.)

24 (625 ILCS 5/11-501.01)

25 Sec. 11-501.01. Additional administrative sanctions.

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1 (a) After a finding of guilt and prior to any final

2 sentencing or an order for supervision, for an offense based

3 upon an arrest for a violation of Section 11-501 or 11-508 or a

4 similar provision of a local ordinance, individuals shall be

5 required to undergo a professional evaluation to determine if

6 an alcohol, drug, or intoxicating compound abuse problem exists

7 and the extent of the problem, and undergo the imposition of

8 treatment as appropriate. Programs conducting these

9 evaluations shall be licensed by the Department of Human

10 Services. The cost of any professional evaluation shall be paid

11 for by the individual required to undergo the professional

12 evaluation.

13 (b) Any person who is found guilty of or pleads guilty to

14 violating Section 11-501, including any person receiving a

15 disposition of court supervision for violating that Section,

16 may be required by the Court to attend a victim impact panel

17 offered by, or under contract with, a county State's Attorney's

18 office, a probation and court services department, Mothers

19 Against Drunk Driving, or the Alliance Against Intoxicated

20 Motorists. All costs generated by the victim impact panel shall

21 be paid from fees collected from the offender or as may be

22 determined by the court.

23 (c) Every person found guilty of violating Section 11-501,

24 whose operation of a motor vehicle while in violation of that

25 Section proximately caused any incident resulting in an

26 appropriate emergency response, shall be liable for the expense

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1 of an emergency response as provided in subsection (i) of this

2 Section.

3 (d) The Secretary of State shall revoke the driving

4 privileges of any person convicted under Section 11-501 or a

5 similar provision of a local ordinance.

6 (e) The Secretary of State shall require the use of

7 ignition interlock devices on all vehicles owned by a person

8 who has been convicted of a second or subsequent offense of

9 Section 11-501 or a similar provision of a local ordinance. The

10 person must pay to the Secretary of State DUI Administration

11 Fund an amount not to exceed $30 for each month that he or she

12 uses the device. The Secretary shall establish by rule and

13 regulation the procedures for certification and use of the

14 interlock system, the amount of the fee, and the procedures,

15 terms, and conditions relating to these fees.

16 (f) In addition to any other penalties and liabilities, a

17 person who is found guilty of or pleads guilty to violating

18 Section 11-501, including any person placed on court

19 supervision for violating Section 11-501, shall be assessed

20 $750, payable to the circuit clerk, who shall distribute the

21 money as follows: $350 to the law enforcement agency that made

22 the arrest, and $400 shall be forwarded to the State Treasurer

23 for deposit into the General Revenue Fund. If the person has

24 been previously convicted of violating Section 11-501 or a

25 similar provision of a local ordinance, the fine shall be

26 $1,000, and the circuit clerk shall distribute $200 to the law

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1 enforcement agency that made the arrest and $800 to the State

2 Treasurer for deposit into the General Revenue Fund. In the

3 event that more than one agency is responsible for the arrest,

4 the amount payable to law enforcement agencies shall be shared

5 equally. Any moneys received by a law enforcement agency under

6 this subsection (f) shall be used for enforcement and

7 prevention of driving while under the influence of alcohol,

8 other drug or drugs, intoxicating compound or compounds or any

9 combination thereof, as defined by Section 11-501 of this Code,

10 including but not limited to the purchase of law enforcement

11 equipment and commodities that will assist in the prevention of

12 alcohol related criminal violence throughout the State; police

13 officer training and education in areas related to alcohol

14 related crime, including but not limited to DUI training; and

15 police officer salaries, including but not limited to salaries

16 for hire back funding for safety checkpoints, saturation

17 patrols, and liquor store sting operations. Any moneys received

18 by the Department of State Police under this subsection (f)

19 shall be deposited into the State Police DUI Fund and shall be

20 used to purchase law enforcement equipment that will assist in

21 the prevention of alcohol related criminal violence throughout

22 the State.

23 (g) The Secretary of State Police DUI Fund is created as a

24 special fund in the State treasury. All moneys received by the

25 Secretary of State Police under subsection (f) of this Section

26 shall be deposited into the Secretary of State Police DUI Fund

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1 and, subject to appropriation, shall be used for enforcement

2 and prevention of driving while under the influence of alcohol,

3 other drug or drugs, intoxicating compound or compounds or any

4 combination thereof, as defined by Section 11-501 of this Code,

5 including but not limited to the purchase of law enforcement

6 equipment and commodities to assist in the prevention of

7 alcohol related criminal violence throughout the State; police

8 officer training and education in areas related to alcohol

9 related crime, including but not limited to DUI training; and

10 police officer salaries, including but not limited to salaries

11 for hire back funding for safety checkpoints, saturation

12 patrols, and liquor store sting operations.

13 (h) Whenever an individual is sentenced for an offense

14 based upon an arrest for a violation of Section 11-501 or a

15 similar provision of a local ordinance, and the professional

16 evaluation recommends remedial or rehabilitative treatment or

17 education, neither the treatment nor the education shall be the

18 sole disposition and either or both may be imposed only in

19 conjunction with another disposition. The court shall monitor

20 compliance with any remedial education or treatment

21 recommendations contained in the professional evaluation.

22 Programs conducting alcohol or other drug evaluation or

23 remedial education must be licensed by the Department of Human

24 Services. If the individual is not a resident of Illinois,

25 however, the court may accept an alcohol or other drug

26 evaluation or remedial education program in the individual's

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1 state of residence. Programs providing treatment must be

2 licensed under existing applicable alcoholism and drug

3 treatment licensure standards.

4 (i) In addition to any other fine or penalty required by

5 law, an individual convicted of a violation of Section 11-501,

6 Section 5-7 of the Snowmobile Registration and Safety Act,

7 Section 5-16 of the Boat Registration and Safety Act, or a

8 similar provision, whose operation of a motor vehicle,

9 snowmobile, or watercraft while in violation of Section 11-501,

10 Section 5-7 of the Snowmobile Registration and Safety Act,

11 Section 5-16 of the Boat Registration and Safety Act, or a

12 similar provision proximately caused an incident resulting in

13 an appropriate emergency response, shall be required to make

14 restitution to a public agency for the costs of that emergency

15 response. The restitution may not exceed $1,000 per public

16 agency for each emergency response. As used in this subsection

17 (i), "emergency response" means any incident requiring a

18 response by a police officer, a firefighter carried on the

19 rolls of a regularly constituted fire department, or an

20 ambulance. With respect to funds designated for the Department

21 of State Police, the moneys shall be remitted by the circuit

22 court clerk to the State Police within one month after receipt

23 for deposit into the State Police DUI Fund. With respect to

24 funds designated for the Department of Natural Resources, the

25 Department of Natural Resources shall deposit the moneys into

26 the Conservation Police Operations Assistance Fund.

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1 (j) A person that is subject to a chemical test or tests of

2 blood under subsection (a) of Section 11-501.1 or subdivision

3 (c)(2) of Section 11-501.2 of this Code, whether or not that

4 person consents to testing, shall be liable for the expense up

5 to $500 for blood withdrawal by a physician authorized to

6 practice medicine, a licensed physician assistant, a licensed

7 advanced practice nurse, a registered nurse, a trained

8 phlebotomist, a certified paramedic, or a qualified person

9 other than a police officer approved by the Department of State

10 Police to withdraw blood, who responds, whether at a law

11 enforcement facility or a health care facility, to a police

12 department request for the drawing of blood based upon refusal

13 of the person to submit to a lawfully requested breath test or

14 probable cause exists to believe the test would disclose the

15 ingestion, consumption, or use of drugs or intoxicating

16 compounds if:

17 (1) the person is found guilty of violating Section

18 11-501 of this Code or a similar provision of a local

19 ordinance; or

20 (2) the person pleads guilty to or stipulates to facts

21 supporting a violation of Section 11-503 of this Code or a

22 similar provision of a local ordinance when the plea or

23 stipulation was the result of a plea agreement in which the

24 person was originally charged with violating Section

25 11-501 of this Code or a similar local ordinance.

26 (Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13;

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1 98-292, eff. 1-1-14; 98-463, eff. 8-16-13.)

2 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)

3 Sec. 11-501.2. Chemical and other tests.

4 (a) Upon the trial of any civil or criminal action or

5 proceeding arising out of an arrest for an offense as defined

6 in Section 11-501, 11-508,or a similar local ordinance or

7 proceedings pursuant to Section 2-118.1, evidence of the

8 concentration of alcohol, other drug or drugs, or intoxicating

9 compound or compounds, or any combination thereof in a person's

10 blood or breath at the time alleged, as determined by analysis

11 of the person's blood, urine, breath or other bodily substance,

12 shall be admissible. Where such test is made the following

13 provisions shall apply:

14 1. Chemical analyses of the person's blood, urine,

15 breath or other bodily substance to be considered valid

16 under the provisions of this Section shall have been

17 performed according to standards promulgated by the

18 Department of State Police by a licensed physician,

19 registered nurse, trained phlebotomist, certified

20 paramedic, or other individual possessing a valid permit

21 issued by that Department for this purpose. The Director of

22 State Police is authorized to approve satisfactory

23 techniques or methods, to ascertain the qualifications and

24 competence of individuals to conduct such analyses, to

25 issue permits which shall be subject to termination or

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1 revocation at the discretion of that Department and to

2 certify the accuracy of breath testing equipment. The

3 Department of State Police shall prescribe regulations as

4 necessary to implement this Section.

5 2. When a person in this State shall submit to a blood

6 test at the request of a law enforcement officer under the

7 provisions of Section 11-501.1, only a physician

8 authorized to practice medicine, a licensed physician

9 assistant, a licensed advanced practice nurse, a

10 registered nurse, trained phlebotomist, or certified

11 paramedic, or other qualified person approved by the

12 Department of State Police may withdraw blood for the

13 purpose of determining the alcohol, drug, or alcohol and

14 drug content therein. This limitation shall not apply to

15 the taking of breath or urine specimens.

16 When a blood test of a person who has been taken to an

17 adjoining state for medical treatment is requested by an

18 Illinois law enforcement officer, the blood may be

19 withdrawn only by a physician authorized to practice

20 medicine in the adjoining state, a licensed physician

21 assistant, a licensed advanced practice nurse, a

22 registered nurse, a trained phlebotomist acting under the

23 direction of the physician, or certified paramedic. The law

24 enforcement officer requesting the test shall take custody

25 of the blood sample, and the blood sample shall be analyzed

26 by a laboratory certified by the Department of State Police

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1 for that purpose.

2 3. The person tested may have a physician, or a

3 qualified technician, chemist, registered nurse, or other

4 qualified person of their own choosing administer a

5 chemical test or tests in addition to any administered at

6 the direction of a law enforcement officer. The failure or

7 inability to obtain an additional test by a person shall

8 not preclude the admission of evidence relating to the test

9 or tests taken at the direction of a law enforcement

10 officer.

11 4. Upon the request of the person who shall submit to a

12 chemical test or tests at the request of a law enforcement

13 officer, full information concerning the test or tests

14 shall be made available to the person or such person's

15 attorney.

16 5. Alcohol concentration shall mean either grams of

17 alcohol per 100 milliliters of blood or grams of alcohol

18 per 210 liters of breath.

19 (a-5) Law enforcement officials may use standardized field

20 sobriety tests approved by the National Highway Traffic Safety

21 Administration when conducting investigations of a violation

22 of Section 11-501 or similar local ordinance by drivers

23 suspected of driving under the influence of cannabis. The

24 General Assembly finds that standardized field sobriety tests

25 approved by the National Highway Traffic Safety Administration

26 are divided attention tasks that are intended to determine if a

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1 person is under the influence of cannabis. The purpose of these

2 tests is to determine the effect of the use of cannabis on a

3 person's capacity to think and act with ordinary care and

4 therefore operate a motor vehicle safely. Therefore, the

5 results of these standardized field sobriety tests,

6 appropriately administered, shall be admissible in the trial of

7 any civil or criminal action or proceeding arising out of an

8 arrest for a cannabis-related offense as defined in Section

9 11-501 or a similar local ordinance or proceedings under

10 Section 2-118.1. Where a test is made the following provisions

11 shall apply:

12 1. The person tested may have a physician, or a

13 qualified technician, chemist, registered nurse, or other

14 qualified person of their own choosing administer a

15 chemical test or tests in addition to the standardized

16 field sobriety test or tests administered at the direction

17 of a law enforcement officer. The failure or inability to

18 obtain an additional test by a person does not preclude the

19 admission of evidence relating to the test or tests taken

20 at the direction of a law enforcement officer.

21 2. Upon the request of the person who shall submit to a

22 standardized field sobriety test or tests at the request of

23 a law enforcement officer, full information concerning the

24 test or tests shall be made available to the person or the

25 person's attorney.

26 3. At the trial of any civil or criminal action or

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1 proceeding arising out of an arrest for an offense as

2 defined in Section 11-501 or a similar local ordinance or

3 proceedings under Section 2-118.1 in which the results of

4 these standardized field sobriety tests are admitted, the

5 cardholder may present and the trier of fact may consider

6 evidence that the card holder lacked the physical capacity

7 to perform the standardized field sobriety tests.

8 (b) Upon the trial of any civil or criminal action or

9 proceeding arising out of acts alleged to have been committed

10 by any person while driving or in actual physical control of a

11 vehicle while under the influence of alcohol, the concentration

12 of alcohol in the person's blood or breath at the time alleged

13 as shown by analysis of the person's blood, urine, breath, or

14 other bodily substance shall give rise to the following

15 presumptions:

16 1. If there was at that time an alcohol concentration

17 of 0.05 or less, it shall be presumed that the person was

18 not under the influence of alcohol.

19 2. If there was at that time an alcohol concentration

20 in excess of 0.05 but less than 0.08, such facts shall not

21 give rise to any presumption that the person was or was not

22 under the influence of alcohol, but such fact may be

23 considered with other competent evidence in determining

24 whether the person was under the influence of alcohol.

25 3. If there was at that time an alcohol concentration

26 of 0.08 or more, it shall be presumed that the person was

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1 under the influence of alcohol.

2 4. The foregoing provisions of this Section shall not

3 be construed as limiting the introduction of any other

4 relevant evidence bearing upon the question whether the

5 person was under the influence of alcohol.

6 (c) 1. If a person under arrest refuses to submit to a

7 chemical test under the provisions of Section 11-501.1,

8 evidence of refusal shall be admissible in any civil or

9 criminal action or proceeding arising out of acts alleged to

10 have been committed while the person under the influence of

11 alcohol, other drug or drugs, or intoxicating compound or

12 compounds, or any combination thereof was driving or in actual

13 physical control of a motor vehicle.

14 2. Notwithstanding any ability to refuse under this Code to

15 submit to these tests or any ability to revoke the implied

16 consent to these tests, if a law enforcement officer has

17 probable cause to believe that a motor vehicle driven by or in

18 actual physical control of a person under the influence of

19 alcohol, other drug or drugs, or intoxicating compound or

20 compounds, or any combination thereof has caused the death or

21 personal injury to another, the law enforcement officer shall

22 request, and that person shall submit, upon the request of a

23 law enforcement officer, to a chemical test or tests of his or

24 her blood, breath or urine for the purpose of determining the

25 alcohol content thereof or the presence of any other drug or

26 combination of both.

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1 This provision does not affect the applicability of or

2 imposition of driver's license sanctions under Section

3 11-501.1 of this Code.

4 3. For purposes of this Section, a personal injury includes

5 any Type A injury as indicated on the traffic accident report

6 completed by a law enforcement officer that requires immediate

7 professional attention in either a doctor's office or a medical

8 facility. A Type A injury includes severe bleeding wounds,

9 distorted extremities, and injuries that require the injured

10 party to be carried from the scene.

11 (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11;

12 97-813, eff. 7-13-12; 98-122, eff. 1-1-14.)

13 (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)

14 Sec. 11-501.4. Admissibility of chemical tests of blood or

15 urine conducted in the regular course of providing emergency

16 medical treatment.

17 (a) Notwithstanding any other provision of law, the results

18 of blood or urine tests performed for the purpose of

19 determining the content of alcohol, other drug or drugs, or

20 intoxicating compound or compounds, or any combination

21 thereof, of an individual's blood or urine conducted upon

22 persons receiving medical treatment in a hospital emergency

23 room are admissible in evidence as a business record exception

24 to the hearsay rule only in prosecutions for any violation of

25 Section 11-501 or 11-508 of this Code or a similar provision of

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1 a local ordinance, or in prosecutions for reckless homicide

2 brought under the Criminal Code of 1961 or the Criminal Code of

3 2012, when each of the following criteria are met:

4 (1) the chemical tests performed upon an individual's

5 blood or urine were ordered in the regular course of

6 providing emergency medical treatment and not at the

7 request of law enforcement authorities;

8 (2) the chemical tests performed upon an individual's

9 blood or urine were performed by the laboratory routinely

10 used by the hospital; and

11 (3) results of chemical tests performed upon an

12 individual's blood or urine are admissible into evidence

13 regardless of the time that the records were prepared.

14 (b) The confidentiality provisions of law pertaining to

15 medical records and medical treatment shall not be applicable

16 with regard to chemical tests performed upon an individual's

17 blood or urine under the provisions of this Section in

18 prosecutions as specified in subsection (a) of this Section. No

19 person shall be liable for civil damages as a result of the

20 evidentiary use of chemical testing of an individual's blood or

21 urine test results under this Section, or as a result of that

22 person's testimony made available under this Section.

23 (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)

24 (625 ILCS 5/11-501.4-1)

25 Sec. 11-501.4-1. Reporting of test results of blood or

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1 urine conducted in the regular course of providing emergency

2 medical treatment.

3 (a) Notwithstanding any other provision of law, the results

4 of blood or urine tests performed for the purpose of

5 determining the content of alcohol, other drug or drugs, or

6 intoxicating compound or compounds, or any combination

7 thereof, in an individual's blood or urine conducted upon

8 persons receiving medical treatment in a hospital emergency

9 room for injuries resulting from a motor vehicle accident shall

10 be disclosed to the Department of State Police or local law

11 enforcement agencies of jurisdiction, upon request. Such blood

12 or urine tests are admissible in evidence as a business record

13 exception to the hearsay rule only in prosecutions for any

14 violation of Section 11-501or 11-508 of this Code or a similar

15 provision of a local ordinance, or in prosecutions for reckless

16 homicide brought under the Criminal Code of 1961 or the

17 Criminal Code of 2012.

18 (b) The confidentiality provisions of law pertaining to

19 medical records and medical treatment shall not be applicable

20 with regard to tests performed upon an individual's blood or

21 urine under the provisions of subsection (a) of this Section.

22 No person shall be liable for civil damages or professional

23 discipline as a result of the disclosure or reporting of the

24 tests or the evidentiary use of an individual's blood or urine

25 test results under this Section or Section 11-501.4 or as a

26 result of that person's testimony made available under this

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1 Section or Section 11-501.4, except for willful or wanton

2 misconduct.

3 (Source: P.A. 97-1150, eff. 1-25-13.)

4 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)

5 Sec. 11-501.6. Driver involvement in personal injury or

6 fatal motor vehicle accident; chemical test.

7 (a) Any person who drives or is in actual control of a

8 motor vehicle upon the public highways of this State and who

9 has been involved in a personal injury or fatal motor vehicle

10 accident, shall be deemed to have given consent to a breath

11 test using a portable device as approved by the Department of

12 State Police or to a chemical test or tests of blood, breath,

13 or urine for the purpose of determining the content of alcohol,

14 other drug or drugs, or intoxicating compound or compounds of

15 such person's blood if arrested as evidenced by the issuance of

16 a Uniform Traffic Ticket for any violation of the Illinois

17 Vehicle Code or a similar provision of a local ordinance, with

18 the exception of equipment violations contained in Chapter 12

19 of this Code, or similar provisions of local ordinances. The

20 test or tests shall be administered at the direction of the

21 arresting officer. The law enforcement agency employing the

22 officer shall designate which of the aforesaid tests shall be

23 administered. A urine test may be administered even after a

24 blood or breath test or both has been administered. Compliance

25 with this Section does not relieve such person from the

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1 requirements of Section 11-501.1 of this Code.

2 (b) Any person who is dead, unconscious or who is otherwise

3 in a condition rendering such person incapable of refusal shall

4 be deemed not to have withdrawn the consent provided by

5 subsection (a) of this Section. In addition, if a driver of a

6 vehicle is receiving medical treatment as a result of a motor

7 vehicle accident, any physician licensed to practice medicine,

8 licensed physician assistant, licensed advanced practice

9 nurse, registered nurse or a phlebotomist acting under the

10 direction of a licensed physician shall withdraw blood for

11 testing purposes to ascertain the presence of alcohol, other

12 drug or drugs, or intoxicating compound or compounds, upon the

13 specific request of a law enforcement officer. However, no such

14 testing shall be performed until, in the opinion of the medical

15 personnel on scene, the withdrawal can be made without

16 interfering with or endangering the well-being of the patient.

17 (c) A person requested to submit to a test as provided

18 above shall be warned by the law enforcement officer requesting

19 the test that a refusal to submit to the test, or submission to

20 the test resulting in an alcohol concentration of 0.08 or more,

21 or any amount of a drug, substance, or intoxicating compound

22 resulting from the unlawful use or consumption of cannabis, as

23 covered by the Cannabis Control Act, a controlled substance

24 listed in the Illinois Controlled Substances Act, an

25 intoxicating compound listed in the Use of Intoxicating

26 Compounds Act, or methamphetamine as listed in the

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1 Methamphetamine Control and Community Protection Act as

2 detected in such person's blood or urine, may result in the

3 suspension of such person's privilege to operate a motor

4 vehicle and may result in the disqualification of the person's

5 privilege to operate a commercial motor vehicle, as provided in

6 Section 6-514 of this Code, if the person is a CDL holder. The

7 length of the suspension shall be the same as outlined in

8 Section 6-208.1 of this Code regarding statutory summary

9 suspensions.

10 (d) If the person refuses testing or submits to a test

11 which discloses an alcohol concentration of 0.08 or more, or

12 any amount of a drug, substance, or intoxicating compound in

13 such person's blood or urine after exhibiting other indicia

14 that the person is incapable of driving safely resulting from

15 the unlawful use or consumption of cannabis listed in the

16 Cannabis Control Act, a controlled substance listed in the

17 Illinois Controlled Substances Act, an intoxicating compound

18 listed in the Use of Intoxicating Compounds Act, or

19 methamphetamine as listed in the Methamphetamine Control and

20 Community Protection Act, the law enforcement officer shall

21 immediately submit a sworn report to the Secretary of State on

22 a form prescribed by the Secretary, certifying that the test or

23 tests were requested pursuant to subsection (a) and the person

24 refused to submit to a test or tests or submitted to testing

25 which disclosed an alcohol concentration of 0.08 or more, or

26 any amount of a drug, substance, or intoxicating compound in

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1 such person's blood or urine,after exhibiting other indicia

2 that the person is incapable of driving safely resulting from

3 the unlawful use or consumption of cannabis listed in 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.

9 Upon receipt of the sworn report of a law enforcement

10 officer, the Secretary shall enter the suspension and

11 disqualification to the individual's driving record and the

12 suspension and disqualification shall be effective on the 46th

13 day following the date notice of the suspension was given to

14 the person.

15 The law enforcement officer submitting the sworn report

16 shall serve immediate notice of this suspension on the person

17 and such suspension and disqualification shall be effective on

18 the 46th day following the date notice was given.

19 In cases where the blood alcohol concentration of 0.08 or

20 more, or any amount of a drug, substance, or intoxicating

21 compound after exhibiting other indicia that the person is

22 incapable of driving safelyresulting from the unlawful use or

23 consumption of cannabis as listed in the Cannabis Control Act,

24 a controlled substance listed in the Illinois Controlled

25 Substances Act, an intoxicating compound listed in the Use of

26 Intoxicating Compounds Act, or methamphetamine as listed in the

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1 Methamphetamine Control and Community Protection Act, is

2 established by a subsequent analysis of blood or urine

3 collected at the time of arrest, the arresting officer shall

4 give notice as provided in this Section or by deposit in the

5 United States mail of such notice in an envelope with postage

6 prepaid and addressed to such person at his address as shown on

7 the Uniform Traffic Ticket and the suspension and

8 disqualification shall be effective on the 46th day following

9 the date notice was given.

10 Upon receipt of the sworn report of a law enforcement

11 officer, the Secretary shall also give notice of the suspension

12 and disqualification to the driver by mailing a notice of the

13 effective date of the suspension and disqualification to the

14 individual. However, should the sworn report be defective by

15 not containing sufficient information or be completed in error,

16 the notice of the suspension and disqualification shall not be

17 mailed to the person or entered to the driving record, but

18 rather the sworn report shall be returned to the issuing law

19 enforcement agency.

20 (e) A driver may contest this suspension of his or her

21 driving privileges and disqualification of his or her CDL

22 privileges by requesting an administrative hearing with the

23 Secretary in accordance with Section 2-118 of this Code. At the

24 conclusion of a hearing held under Section 2-118 of this Code,

25 the Secretary may rescind, continue, or modify the orders of

26 suspension and disqualification. If the Secretary does not

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1 rescind the orders of suspension and disqualification, a

2 restricted driving permit may be granted by the Secretary upon

3 application being made and good cause shown. A restricted

4 driving permit may be granted to relieve undue hardship to

5 allow driving for employment, educational, and medical

6 purposes as outlined in Section 6-206 of this Code. The

7 provisions of Section 6-206 of this Code shall apply. In

8 accordance with 49 C.F.R. 384, the Secretary of State may not

9 issue a restricted driving permit for the operation of a

10 commercial motor vehicle to a person holding a CDL whose

11 driving privileges have been suspended, revoked, cancelled, or

12 disqualified.

13 (f) (Blank).

14 (g) For the purposes of this Section, a personal injury

15 shall include any type A injury as indicated on the traffic

16 accident report completed by a law enforcement officer that

17 requires immediate professional attention in either a doctor's

18 office or a medical facility. A type A injury shall include

19 severely bleeding wounds, distorted extremities, and injuries

20 that require the injured party to be carried from the scene.

21 (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11;

22 97-835, eff. 7-20-12.)

23 (625 ILCS 5/11-508 new)

24 Sec. 11-508. Driving with unlawful drugs in blood, breath,

25 or urine.

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1 (a) A person shall not drive or be in actual physical

2 control of any vehicle within this State while there is any

3 amount of a drug, substance, or compound in the person's

4 breath, blood, or urine resulting from the unlawful use or

5 consumption of cannabis listed in the Cannabis Control Act, a

6 controlled substance listed in the Illinois Controlled

7 Substances Act, an intoxicating compound listed in the Use of

8 Intoxicating Compounds Act, or methamphetamine as listed in the

9 Methamphetamine Control and Community Protection Act.

10 (b) This Section does not apply to the lawful consumption

11 of cannabis by a qualifying patient licensed under the

12 Compassionate Use of Medical Cannabis Pilot Program Act who is

13 in possession of a valid registry card issued under that Act.

14 (c) A person who violates subsection (a) of this Section is

15 guilty of a Class B misdemeanor for a first offense and is

16 guilty of a Class A misdemeanor for a second or subsequent

17 offense.

18 Section 15. The Snowmobile Registration and Safety Act is

19 amended by changing Sections 5-7 and by adding Section 5-7.7 as

20 follows:

21 (625 ILCS 40/5-7)

22 Sec. 5-7. Operating a snowmobile while under the influence

23 of alcohol or other drug or drugs, intoxicating compound or

24 compounds, or a combination of them; criminal penalties;

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1 suspension of operating privileges.

2 (a) A person may not operate or be in actual physical

3 control of a snowmobile within this State while:

4 1. The alcohol concentration in that person's blood or

5 breath is a concentration at which driving a motor vehicle

6 is prohibited under subdivision (1) of subsection (a) of

7 Section 11-501 of the Illinois Vehicle Code;

8 2. The person is under the influence of alcohol;

9 3. The person is under the influence of any other drug

10 or combination of drugs to a degree that renders that

11 person incapable of safely operating a snowmobile;

12 3.1. The person is under the influence of any

13 intoxicating compound or combination of intoxicating

14 compounds to a degree that renders the person incapable of

15 safely operating a snowmobile; or

16 4. The person is under the combined influence of

17 alcohol and any other drug or drugs or intoxicating

18 compound or compounds to a degree that renders that person

19 incapable of safely operating a snowmobile. ~~; or~~

20 5. (Blank). ~~There is any amount of a drug, substance,~~

21 ~~or compound in that person's breath, blood, or urine~~

22 ~~resulting from the unlawful use or consumption of cannabis~~

23 ~~listed in the Cannabis Control Act, controlled substance~~

24 ~~listed in the Illinois Controlled Substances Act, or~~

25 ~~intoxicating compound listed in the use of Intoxicating~~

26 ~~Compounds Act~~.

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1 (b) The fact that a person charged with violating this

2 Section is or has been legally entitled to use alcohol, other

3 drug or drugs, any intoxicating compound or compounds, or any

4 combination of them does not constitute a defense against a

5 charge of violating this Section.

6 (c) Every person convicted of violating this Section or a

7 similar provision of a local ordinance is guilty of a Class A

8 misdemeanor, except as otherwise provided in this Section.

9 (c-1) As used in this Section, "first time offender" means

10 any person who has not had a previous conviction or been

11 assigned supervision for violating this Section or a similar

12 provision of a local ordinance, or any person who has not had a

13 suspension imposed under subsection (e) of Section 5-7.1.

14 (c-2) For purposes of this Section, the following are

15 equivalent to a conviction:

16 (1) a forfeiture of bail or collateral deposited to

17 secure a defendant's appearance in court when forfeiture

18 has not been vacated; or

19 (2) the failure of a defendant to appear for trial.

20 (d) Every person convicted of violating this Section is

21 guilty of a Class 4 felony if:

22 1. The person has a previous conviction under this

23 Section;

24 2. The offense results in personal injury where a

25 person other than the operator suffers great bodily harm or

26 permanent disability or disfigurement, when the violation

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1 was a proximate cause of the injuries. A person guilty of a

2 Class 4 felony under this paragraph 2, if sentenced to a

3 term of imprisonment, shall be sentenced to not less than

4 one year nor more than 12 years; or

5 3. The offense occurred during a period in which the

6 person's privileges to operate a snowmobile are revoked or

7 suspended, and the revocation or suspension was for a

8 violation of this Section or was imposed under Section

9 5-7.1.

10 (e) Every person convicted of violating this Section is

11 guilty of a Class 2 felony if the offense results in the death

12 of a person. A person guilty of a Class 2 felony under this

13 subsection (e), if sentenced to a term of imprisonment, shall

14 be sentenced to a term of not less than 3 years and not more

15 than 14 years.

16 (e-1) Every person convicted of violating this Section or a

17 similar provision of a local ordinance who had a child under

18 the age of 16 on board the snowmobile at the time of offense

19 shall be subject to a mandatory minimum fine of $500 and shall

20 be subject to a mandatory minimum of 5 days of community

21 service in a program benefiting children. The assignment under

22 this subsection shall not be subject to suspension nor shall

23 the person be eligible for probation in order to reduce the

24 assignment.

25 (e-2) Every person found guilty of violating this Section,

26 whose operation of a snowmobile while in violation of this

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1 Section proximately caused any incident resulting in an

2 appropriate emergency response, shall be liable for the expense

3 of an emergency response as provided in subsection (i) of

4 Section 11-501.01 of the Illinois Vehicle Code.

5 (e-3) In addition to any other penalties and liabilities, a

6 person who is found guilty of violating this Section, including

7 any person placed on court supervision, shall be fined $100,

8 payable to the circuit clerk, who shall distribute the money to

9 the law enforcement agency that made the arrest. In the event

10 that more than one agency is responsible for the arrest, the

11 $100 shall be shared equally. Any moneys received by a law

12 enforcement agency under this subsection (e-3) shall be used to

13 purchase law enforcement equipment or to provide law

14 enforcement training that will assist in the prevention of

15 alcohol related criminal violence throughout the State. Law

16 enforcement equipment shall include, but is not limited to,

17 in-car video cameras, radar and laser speed detection devices,

18 and alcohol breath testers.

19 (f) In addition to any criminal penalties imposed, the

20 Department of Natural Resources shall suspend the snowmobile

21 operation privileges of a person convicted or found guilty of a

22 misdemeanor under this Section for a period of one year, except

23 that first-time offenders are exempt from this mandatory one

24 year suspension.

25 (g) In addition to any criminal penalties imposed, the

26 Department of Natural Resources shall suspend for a period of 5

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1 years the snowmobile operation privileges of any person

2 convicted or found guilty of a felony under this Section.

3 (Source: P.A. 95-149, eff. 8-14-07; 96-1000, eff. 7-2-10.)

4 (625 ILCS 40/5-7.7 new)

5 Sec. 5-7.7. Operating a snowmobile with unlawful drugs in

6 blood, breath, or urine.

7 (a) A person shall not operate or be in actual physical

8 control of a snowmobile within this State while there is any

9 amount of a drug, substance, or compound in the person's

10 breath, blood, 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.

16 (b) This Section does not apply to the lawful consumption

17 of cannabis by a qualifying patient licensed under the

18 Compassionate Use of Medical Cannabis Pilot Program Act who is

19 in possession of a valid registry card issued under that Act.

20 (c) A person who violates subsection (a) of this Section is

21 guilty of a Class B misdemeanor for a first offense and is

22 guilty of a Class A misdemeanor for a second or subsequent

23 offense.

24 Section 20. The Boat Registration and Safety Act is amended

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1 by changing Sections 5-16, 5-16a, 5-16a.1, and 5-16c and by

2 adding Section 5-16d as follows:

3 (625 ILCS 45/5-16)

4 Sec. 5-16. Operating a watercraft under the influence of

5 alcohol, other drug or drugs, intoxicating compound or

6 compounds, or combination thereof.

7 (A) 1. A person shall not operate or be in actual physical

8 control of any watercraft within this State while:

9 (a) The alcohol concentration in such person's

10 blood or breath is a concentration at which driving a

11 motor vehicle is prohibited under subdivision (1) of

12 subsection (a) of Section 11-501 of the Illinois

13 Vehicle Code;

14 (b) Under the influence of alcohol;

15 (c) Under the influence of any other drug or

16 combination of drugs to a degree which renders such

17 person incapable of safely operating any watercraft;

18 (c-1) Under the influence of any intoxicating

19 compound or combination of intoxicating compounds to a

20 degree that renders the person incapable of safely

21 operating any watercraft;or

22 (d) Under the combined influence of alcohol and any

23 other drug or drugs to a degree which renders such

24 person incapable of safely operating a watercraft. ~~; or~~

25 (e) (Blank). ~~There is any amount of a drug,~~

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1 ~~substance, or compound in the person's blood or urine~~

2 ~~resulting from the unlawful use or consumption of~~

3 ~~cannabis listed in the Cannabis Control Act, a~~

4 ~~controlled substance listed in the Illinois Controlled~~

5 ~~Substances Act, or an intoxicating compound listed in~~

6 ~~the Use of Intoxicating Compounds Act~~.

7 2. The fact that any person charged with violating this

8 Section is or has been legally entitled to use alcohol,

9 other drug or drugs, any intoxicating compound or

10 compounds, or any combination of them, shall not constitute

11 a defense against any charge of violating this Section.

12 3. Every person convicted of violating this Section

13 shall be guilty of a Class A misdemeanor, except as

14 otherwise provided in this Section.

15 4. Every person convicted of violating this Section

16 shall be guilty of a Class 4 felony if:

17 (a) He has a previous conviction under this

18 Section;

19 (b) The offense results in personal injury where a

20 person other than the operator suffers great bodily

21 harm or permanent disability or disfigurement, when

22 the violation was a proximate cause of the injuries. A

23 person guilty of a Class 4 felony under this

24 subparagraph (b), if sentenced to a term of

25 imprisonment, shall be sentenced to a term of not less

26 than one year nor more than 12 years; or

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1 (c) The offense occurred during a period in which

2 his or her privileges to operate a watercraft are

3 revoked or suspended, and the revocation or suspension

4 was for a violation of this Section or was imposed

5 under subsection (B).

6 5. Every person convicted of violating this Section

7 shall be guilty of a Class 2 felony if the offense results

8 in the death of a person. A person guilty of a Class 2

9 felony under this paragraph 5, if sentenced to a term of

10 imprisonment, shall be sentenced to a term of not less than

11 3 years and not more than 14 years.

12 5.1. A person convicted of violating this Section or a

13 similar provision of a local ordinance who had a child

14 under the age of 16 aboard the watercraft at the time of

15 offense is subject to a mandatory minimum fine of $500 and

16 to a mandatory minimum of 5 days of community service in a

17 program benefiting children. The assignment under this

18 paragraph 5.1 is not subject to suspension and the person

19 is not eligible for probation in order to reduce the

20 assignment.

21 5.2. A person found guilty of violating this Section,

22 if his or her operation of a watercraft while in violation

23 of this Section proximately caused any incident resulting

24 in an appropriate emergency response, is liable for the

25 expense of an emergency response as provided in subsection

26 (m) of Section 11-501 of the Illinois Vehicle Code.

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1 5.3. In addition to any other penalties and

2 liabilities, a person who is found guilty of violating this

3 Section, including any person placed on court supervision,

4 shall be fined $100, payable to the circuit clerk, who

5 shall distribute the money to the law enforcement agency

6 that made the arrest. In the event that more than one

7 agency is responsible for the arrest, the $100 shall be

8 shared equally. Any moneys received by a law enforcement

9 agency under this paragraph 5.3 shall be used to purchase

10 law enforcement equipment or to provide law enforcement

11 training that will assist in the prevention of alcohol

12 related criminal violence throughout the State. Law

13 enforcement equipment shall include, but is not limited to,

14 in-car video cameras, radar and laser speed detection

15 devices, and alcohol breath testers.

16 6. (a) In addition to any criminal penalties imposed,

17 the Department of Natural Resources shall suspend the

18 watercraft operation privileges of any person

19 convicted or found guilty of a misdemeanor under this

20 Section, a similar provision of a local ordinance, or

21 Title 46 of the U.S. Code of Federal Regulations for a

22 period of one year, except that a first time offender

23 is exempt from this mandatory one year suspension.

24 As used in this subdivision (A)6(a), "first time

25 offender" means any person who has not had a previous

26 conviction or been assigned supervision for violating

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1 this Section, a similar provision of a local ordinance

2 or, Title 46 of the U.S. Code of Federal Regulations,

3 or any person who has not had a suspension imposed

4 under subdivision (B)3.1 of Section 5-16.

5 (b) In addition to any criminal penalties imposed,

6 the Department of Natural Resources shall suspend the

7 watercraft operation privileges of any person

8 convicted of a felony under this Section, a similar

9 provision of a local ordinance, or Title 46 of the U.S.

10 Code of Federal Regulations for a period of 3 years.

11 (B) 1. Any person who operates or is in actual physical

12 control of any watercraft upon the waters of this State

13 shall be deemed to have given consent to a chemical test or

14 tests of blood, breath or urine for the purpose of

15 determining the content of alcohol, other drug or drugs,

16 intoxicating compound or compounds, or combination thereof

17 in the person's blood if arrested for any offense of

18 subsection (A) above. The chemical test or tests shall be

19 administered at the direction of the arresting officer. The

20 law enforcement agency employing the officer shall

21 designate which of the tests shall be administered. A urine

22 test may be administered even after a blood or breath test

23 or both has been administered.

24 1.1. For the purposes of this Section, an Illinois Law

25 Enforcement officer of this State who is investigating the

26 person for any offense defined in Section 5-16 may travel

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1 into an adjoining state, where the person has been

2 transported for medical care to complete an investigation,

3 and may request that the person submit to the test or tests

4 set forth in this Section. The requirements of this Section

5 that the person be arrested are inapplicable, but the

6 officer shall issue the person a uniform citation for an

7 offense as defined in Section 5-16 or a similar provision

8 of a local ordinance prior to requesting that the person

9 submit to the test or tests. The issuance of the uniform

10 citation shall not constitute an arrest, but shall be for

11 the purpose of notifying the person that he or she is

12 subject to the provisions of this Section and of the

13 officer's belief in the existence of probable cause to

14 arrest. Upon returning to this State, the officer shall

15 file the uniform citation with the circuit clerk of the

16 county where the offense was committed and shall seek the

17 issuance of an arrest warrant or a summons for the person.

18 1.2. Notwithstanding any ability to refuse under this

19 Act to submit to these tests or any ability to revoke the

20 implied consent to these tests, if a law enforcement

21 officer has probable cause to believe that a watercraft

22 operated by or under actual physical control of a person

23 under the influence of alcohol, other drug or drugs,

24 intoxicating compound or compounds, or any combination of

25 them has caused the death of or personal injury to another,

26 that person shall submit, upon the request of a law

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1 enforcement officer, to a chemical test or tests of his or

2 her blood, breath, or urine for the purpose of determining

3 the alcohol content or the presence of any other drug,

4 intoxicating compound, or combination of them. For the

5 purposes of this Section, a personal injury includes severe

6 bleeding wounds, distorted extremities, and injuries that

7 require the injured party to be carried from the scene for

8 immediate professional attention in either a doctor's

9 office or a medical facility.

10 2. Any person who is dead, unconscious or who is

11 otherwise in a condition rendering such person incapable of

12 refusal, shall be deemed not to have withdrawn the consent

13 provided above, and the test may be administered.

14 3. A person requested to submit to a chemical test as

15 provided above shall be verbally advised by the law

16 enforcement officer requesting the test that a refusal to

17 submit to the test will result in suspension of such

18 person's privilege to operate a watercraft for a minimum of

19 2 years. Following this warning, if a person under arrest

20 refuses upon the request of a law enforcement officer to

21 submit to a test designated by the officer, no test shall

22 be given, but the law enforcement officer shall file with

23 the clerk of the circuit court for the county in which the

24 arrest was made, and with the Department of Natural

25 Resources, a sworn statement naming the person refusing to

26 take and complete the chemical test or tests requested

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1 under the provisions of this Section. Such sworn statement

2 shall identify the arrested person, such person's current

3 residence address and shall specify that a refusal by such

4 person to take the chemical test or tests was made. Such

5 sworn statement shall include a statement that the

6 arresting officer had reasonable cause to believe the

7 person was operating or was in actual physical control of

8 the watercraft within this State while under the influence

9 of alcohol, other drug or drugs, intoxicating compound or

10 compounds, or combination thereof and that such chemical

11 test or tests were made as an incident to and following the

12 lawful arrest for an offense as defined in this Section or

13 a similar provision of a local ordinance, and that the

14 person after being arrested for an offense arising out of

15 acts alleged to have been committed while so operating a

16 watercraft refused to submit to and complete a chemical

17 test or tests as requested by the law enforcement officer.

18 3.1. The law enforcement officer submitting the sworn

19 statement as provided in paragraph 3 of this subsection (B)

20 shall serve immediate written notice upon the person

21 refusing the chemical test or tests that the person's

22 privilege to operate a watercraft within this State will be

23 suspended for a period of 2 years unless, within 28 days

24 from the date of the notice, the person requests in writing

25 a hearing on the suspension.

26 If the person desires a hearing, such person shall file

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1 a complaint in the circuit court for and in the county in

2 which such person was arrested for such hearing. Such

3 hearing shall proceed in the court in the same manner as

4 other civil proceedings, shall cover only the issues of

5 whether the person was placed under arrest for an offense

6 as defined in this Section or a similar provision of a

7 local ordinance as evidenced by the issuance of a uniform

8 citation; whether the arresting officer had reasonable

9 grounds to believe that such person was operating a

10 watercraft while under the influence of alcohol, other drug

11 or drugs, intoxicating compound or compounds, or

12 combination thereof; and whether such person refused to

13 submit and complete the chemical test or tests upon the

14 request of the law enforcement officer. Whether the person

15 was informed that such person's privilege to operate a

16 watercraft would be suspended if such person refused to

17 submit to the chemical test or tests shall not be an issue.

18 If the person fails to request in writing a hearing

19 within 28 days from the date of notice, or if a hearing is

20 held and the court finds against the person on the issues

21 before the court, the clerk shall immediately notify the

22 Department of Natural Resources, and the Department shall

23 suspend the watercraft operation privileges of the person

24 for at least 2 years.

25 3.2. If the person submits to a test that discloses an

26 alcohol concentration of 0.08 or more, or any amount of a

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1 drug, substance or intoxicating compound in the person's

2 breath, blood, or urine after exhibiting other indicia that

3 the person is incapable of operating a motorboat safely

4 resulting from the unlawful use of cannabis listed in the

5 Cannabis Control Act, a controlled substance listed in the

6 Illinois Controlled Substances Act, or an intoxicating

7 compound listed in the Use of Intoxicating Compounds Act,

8 the law enforcement officer shall immediately submit a

9 sworn report to the circuit clerk of venue and the

10 Department of Natural Resources, certifying that the test

11 or tests were requested under paragraph 1 of this

12 subsection (B) and the person submitted to testing that

13 disclosed an alcohol concentration of 0.08 or more.

14 In cases where the blood alcohol concentration of 0.08

15 or greater or any amount of drug, substance or compound

16 after exhibiting other indicia that the person is incapable

17 of operating a motorboat safely resulting from the unlawful

18 use of cannabis, a controlled substance or an intoxicating

19 compound is established by a subsequent analysis of blood

20 or urine collected at the time of arrest, the arresting

21 officer or arresting agency shall immediately submit a

22 sworn report to the circuit clerk of venue and the

23 Department of Natural Resources upon receipt of the test

24 results.

25 4. A person must submit to each chemical test offered

26 by the law enforcement officer in order to comply with the

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1 implied consent provisions of this Section.

2 5. The provisions of Section 11-501.2 of the Illinois

3 Vehicle Code, as amended, concerning the certification and

4 use of chemical tests apply to the use of such tests under

5 this Section.

6 (C) Upon the trial of any civil or criminal action or

7 proceeding arising out of acts alleged to have been committed

8 by any person while operating a watercraft while under the

9 influence of alcohol, the concentration of alcohol in the

10 person's blood or breath at the time alleged as shown by

11 analysis of a person's blood, urine, breath, or other bodily

12 substance shall give rise to the presumptions specified in

13 subdivisions 1, 2, and 3 of subsection (b) of Section 11-501.2

14 of the Illinois Vehicle Code. The foregoing provisions of this

15 subsection (C) shall not be construed as limiting the

16 introduction of any other relevant evidence bearing upon the

17 question whether the person was under the influence of alcohol.

18 (D) If a person under arrest refuses to submit to a

19 chemical test under the provisions of this Section, evidence of

20 refusal shall be admissible in any civil or criminal action or

21 proceeding arising out of acts alleged to have been committed

22 while the person under the influence of alcohol, other drug or

23 drugs, intoxicating compound or compounds, or combination of

24 them was operating a watercraft.

25 (E) The owner of any watercraft or any person given

26 supervisory authority over a watercraft, may not knowingly

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1 permit a watercraft to be operated by any person under the

2 influence of alcohol, other drug or drugs, intoxicating

3 compound or compounds, or combination thereof.

4 (F) Whenever any person is convicted or found guilty of a

5 violation of this Section, including any person placed on court

6 supervision, the court shall notify the Office of Law

7 Enforcement of the Department of Natural Resources, to provide

8 the Department with the records essential for the performance

9 of the Department's duties to monitor and enforce any order of

10 suspension or revocation concerning the privilege to operate a

11 watercraft.

12 (G) No person who has been arrested and charged for

13 violating paragraph 1 of subsection (A) of this Section shall

14 operate any watercraft within this State for a period of 24

15 hours after such arrest.

16 (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)

17 (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)

18 Sec. 5-16a. Admissibility of chemical tests of blood or

19 urine conducted in the regular course of providing emergency

20 medical treatment.

21 (a) Notwithstanding any other provision of law, the written

22 results of blood or urine alcohol tests conducted upon persons

23 receiving medical treatment in a hospital emergency room are

24 admissible in evidence as a business record exception to the

25 hearsay rule only in prosecutions for any violation of Section

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1 5-16 or 5-16dof this Act or a similar provision of a local

2 ordinance or in prosecutions for reckless homicide brought

3 under the Criminal Code of 1961 or the Criminal Code of 2012,

4 when:

5 (1) the chemical tests performed upon an individual's

6 blood or urine were ordered in the regular course of

7 providing emergency treatment and not at the request of law

8 enforcement authorities; and

9 (2) the chemical tests performed upon an individual's

10 blood or urine were performed by the laboratory routinely

11 used by the hospital.

12 Results of chemical tests performed upon an individual's

13 blood or urine are admissible into evidence regardless of the

14 time that the records were prepared.

15 (b) The confidentiality provisions of law pertaining to

16 medical records and medical treatment shall not be applicable

17 with regard to chemical tests performed upon an individual's

18 blood or urine under the provisions of this Section in

19 prosecutions as specified in subsection (a) of this Section. No

20 person shall be liable for civil damages as a result of the

21 evidentiary use of the results of chemical testing of an

22 individual's blood or urine under this Section or as a result

23 of that person's testimony made available under this Section.

24 (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)

25 (625 ILCS 45/5-16a.1)

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1 Sec. 5-16a.1. Reporting of test results of blood or urine

2 conducted in the regular course of providing emergency medical

3 treatment.

4 (a) Notwithstanding any other provision of law, the results

5 of blood or urine tests performed for the purpose of

6 determining the content of alcohol, other drug or drugs,

7 intoxicating compound or compounds, or any combination of them

8 in an individual's blood or urine, conducted upon persons

9 receiving medical treatment in a hospital emergency room for

10 injuries resulting from a boating accident, shall be disclosed

11 to the Department of Natural Resources or local law enforcement

12 agencies of jurisdiction, upon request. The blood or urine

13 tests are admissible in evidence as a business record exception

14 to the hearsay rule only in prosecutions for violations of

15 Section 5-16 or 5-16dof this Code or a similar provision of a

16 local ordinance, or in prosecutions for reckless homicide

17 brought under the Criminal Code of 1961 or the Criminal Code of

18 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 or

22 urine under the provisions of subsection (a) of this Section.

23 No person is liable for civil damages or professional

24 discipline as a result of disclosure or reporting of the tests

25 or the evidentiary use of an individual's blood or urine test

26 results under this Section or Section 5-16a, or as a result of

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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, or urine for

13 the purpose of determining the content of alcohol, other drug

14 or drugs, or intoxicating compound or compounds of the person's

15 blood if arrested as evidenced by the issuance of a uniform

16 citation for a violation of the Boat Registration and Safety

17 Act or a similar provision of a local ordinance, with the

18 exception of equipment violations contained in Article IV of

19 this Act or similar provisions of local ordinances. The test or

20 tests shall be administered at the direction of the arresting

21 officer. The law enforcement agency employing the officer shall

22 designate which of the aforesaid tests shall be administered. A

23 urine test may be administered even after a blood or breath

24 test or both has been administered. Compliance with this

25 Section does not relieve the person from the requirements of

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1 any other Section of this Act.

2 (b) Any person who is dead, unconscious, or who is

3 otherwise in a condition rendering that person incapable of

4 refusal shall be deemed not to have withdrawn the consent

5 provided by subsection (a) of this Section. In addition, if an

6 operator of a motorboat is receiving medical treatment as a

7 result of a boating accident, any physician licensed to

8 practice medicine, licensed physician assistant, licensed

9 advanced practice nurse, registered nurse, or a phlebotomist

10 acting under the direction of a licensed physician shall

11 withdraw blood for testing purposes to ascertain the presence

12 of alcohol, other drug or drugs, or intoxicating compound or

13 compounds, upon the specific request of a law enforcement

14 officer. However, this testing shall not be performed until, in

15 the opinion of the medical personnel on scene, the withdrawal

16 can be made without interfering with or endangering the

17 well-being of the patient.

18 (c) A person requested to submit to a test under subsection

19 (a) of this Section shall be warned by the law enforcement

20 officer requesting the test that a refusal to submit to the

21 test, or submission to the test resulting in an alcohol

22 concentration of 0.08 or more, or any amount of a drug,

23 substance, or intoxicating compound resulting from the

24 unlawful use or consumption of cannabis listed in the Cannabis

25 Control Act, a controlled substance listed in the Illinois

26 Controlled Substances Act, an intoxicating compound listed in

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1 the Use of Intoxicating Compounds Act, or methamphetamine as

2 listed in the Methamphetamine Control and Community Protection

3 Act as detected in the person's blood or urine, may result in

4 the suspension of the person's privilege to operate a motor

5 vehicle and may result in the disqualification of the person's

6 privilege to operate a commercial motor vehicle, as provided in

7 Section 6-514 of the Illinois Vehicle Code, if the person is a

8 CDL holder. The length of the suspension shall be the same as

9 outlined in Section 6-208.1 of the Illinois Vehicle Code

10 regarding statutory summary suspensions.

11 (d) If the person refuses testing or submits to a test

12 which discloses an alcohol concentration of 0.08 or more, or

13 any amount of a drug, substance, or intoxicating compound in

14 the person's blood or urine after exhibiting other indicia that

15 the person is incapable of operating a motorboat safely

16 resulting from the unlawful use or consumption of cannabis

17 listed in the Cannabis Control Act, a controlled substance

18 listed in the Illinois Controlled Substances Act, an

19 intoxicating compound listed in the Use of Intoxicating

20 Compounds Act, or methamphetamine as listed in the

21 Methamphetamine Control and Community Protection Act, the law

22 enforcement officer shall immediately submit a sworn report to

23 the Secretary of State on a form prescribed by the Secretary of

24 State, certifying that the test or tests were requested under

25 subsection (a) of this Section and the person refused to submit

26 to a test or tests or submitted to testing which disclosed an

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1 alcohol concentration of 0.08 or more, or any amount of a drug,

2 substance, or intoxicating compound in the person's blood or

3 urine, after exhibiting other indicia that the person is

4 incapable of operating a motorboat safely resulting from the

5 unlawful use or consumption of cannabis listed in the Cannabis

6 Control Act, a controlled substance listed in the Illinois

7 Controlled Substances Act, an intoxicating compound listed in

8 the Use of Intoxicating Compounds Act, or methamphetamine as

9 listed in the Methamphetamine Control and Community Protection

10 Act.

11 Upon receipt of the sworn report of a law enforcement

12 officer, the Secretary of State shall enter the suspension and

13 disqualification to the person's driving record and the

14 suspension and disqualification shall be effective on the 46th

15 day following the date notice of the suspension was given to

16 the person.

17 The law enforcement officer submitting the sworn report

18 shall serve immediate notice of this suspension on the person

19 and this suspension and disqualification shall be effective on

20 the 46th day following the date notice was given.

21 In cases where the blood alcohol concentration of 0.08 or

22 more, or any amount of a drug, substance, or intoxicating

23 compound after exhibiting other indicia that the person is

24 incapable of operating a motorboat safely resulting from the

25 unlawful use or consumption of cannabis listed in the Cannabis

26 Control Act, a controlled substance listed in the Illinois

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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, is established by a subsequent analysis of blood or urine

5 collected at the time of arrest, the arresting officer shall

6 give notice as provided in this Section or by deposit in the

7 United States mail of this notice in an envelope with postage

8 prepaid and addressed to the person at his or her address as

9 shown on the uniform citation and the suspension and

10 disqualification shall be effective on the 46th day following

11 the date notice was given.

12 Upon receipt of the sworn report of a law enforcement

13 officer, the Secretary of State shall also give notice of the

14 suspension and disqualification to the person by mailing a

15 notice of the effective date of the suspension and

16 disqualification to the person. However, should the sworn

17 report be defective by not containing sufficient information or

18 be completed in error, the notice of the suspension and

19 disqualification shall not be mailed to the person or entered

20 to the driving record, but rather the sworn report shall be

21 returned to the issuing law enforcement agency.

22 (e) A person may contest this suspension of his or her

23 driving privileges and disqualification of his or her CDL

24 privileges by requesting an administrative hearing with the

25 Secretary of State in accordance with Section 2-118 of the

26 Illinois Vehicle Code. At the conclusion of a hearing held

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1 under Section 2-118 of the Illinois Vehicle Code, the Secretary

2 of State may rescind, continue, or modify the orders of

3 suspension and disqualification. If the Secretary of State does

4 not rescind the orders of suspension and disqualification, a

5 restricted driving permit may be granted by the Secretary of

6 State upon application being made and good cause shown. A

7 restricted driving permit may be granted to relieve undue

8 hardship to allow driving for employment, educational, and

9 medical purposes as outlined in Section 6-206 of the Illinois

10 Vehicle Code. The provisions of Section 6-206 of the Illinois

11 Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the

12 Secretary of State may not issue a restricted driving permit

13 for the operation of a commercial motor vehicle to a person

14 holding a CDL whose driving privileges have been suspended,

15 revoked, cancelled, or disqualified.

16 (f) For the purposes of this Section, a personal injury

17 shall include any type A injury as indicated on the accident

18 report completed by a law enforcement officer that requires

19 immediate professional attention in a doctor's office or a

20 medical facility. A type A injury shall include severely

21 bleeding wounds, distorted extremities, and injuries that

22 require the injured party to be carried from the scene.

23 (Source: P.A. 98-103, eff. 1-1-14.)

24 (625 ILCS 45/5-16d new)

25 Sec. 5-16d. Operating a watercraft with unlawful drugs in

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1 blood, breath, or urine.

2 (a) A person shall not operate or be in actual physical

3 control of a watercraft within this State while there is any

4 amount of a drug, substance, or compound in the person's

5 breath, blood, or urine resulting from the unlawful use or

6 consumption of cannabis listed in the Cannabis Control Act, a

7 controlled substance listed in the Illinois Controlled

8 Substances Act, an intoxicating compound listed in the Use of

9 Intoxicating Compounds Act, or methamphetamine as listed in the

10 Methamphetamine Control and Community Protection Act.

11 (b) This Section does not apply to the lawful consumption

12 of cannabis by a qualifying patient licensed under the

13 Compassionate Use of Medical Cannabis Pilot Program Act who is

14 in possession of a valid registry card issued under that Act.

15 (c) A person who violates subsection (a) of this Section is

16 guilty of a Class B misdemeanor for a first offense and is

17 guilty of a Class A misdemeanor for a second or subsequent

18 offense.

19 Section 25. The Unified Code of Corrections is amended by

20 changing Sections 5-4-1 and 5-9-1.9 as follows:

21 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

22 Sec. 5-4-1. Sentencing Hearing.

23 (a) Except when the death penalty is sought under hearing

24 procedures otherwise specified, after a determination of

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1 guilt, a hearing shall be held to impose the sentence. However,

2 prior to the imposition of sentence on an individual being

3 sentenced for an offense based upon a charge for a violation of

4 Section 11-501or 11-508 of the Illinois Vehicle Code or a

5 similar provision of a local ordinance, the individual must

6 undergo a professional evaluation to determine if an alcohol or

7 other drug abuse problem exists and the extent of such a

8 problem. Programs conducting these evaluations shall be

9 licensed by the Department of Human Services. However, if the

10 individual is not a resident of Illinois, the court may, in its

11 discretion, accept an evaluation from a program in the state of

12 such individual's residence. The court may in its sentencing

13 order approve an eligible defendant for placement in a

14 Department of Corrections impact incarceration program as

15 provided in Section 5-8-1.1 or 5-8-1.3. The court may in its

16 sentencing order recommend a defendant for placement in a

17 Department of Corrections substance abuse treatment program as

18 provided in paragraph (a) of subsection (1) of Section 3-2-2

19 conditioned upon the defendant being accepted in a program by

20 the Department of Corrections. At the hearing the court shall:

21 (1) consider the evidence, if any, received upon the

22 trial;

23 (2) consider any presentence reports;

24 (3) consider the financial impact of incarceration

25 based on the financial impact statement filed with the

26 clerk of the court by the Department of Corrections;

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1 (4) consider evidence and information offered by the

2 parties in aggravation and mitigation;

3 (4.5) consider substance abuse treatment, eligibility

4 screening, and an assessment, if any, of the defendant by

5 an agent designated by the State of Illinois to provide

6 assessment services for the Illinois courts;

7 (5) hear arguments as to sentencing alternatives;

8 (6) afford the defendant the opportunity to make a

9 statement in his own behalf;

10 (7) afford the victim of a violent crime or a violation

11 of Section 11-501 of the Illinois Vehicle Code, or a

12 similar provision of a local ordinance, or a qualified

13 individual affected by: (i) a violation of Section 405,

14 405.1, 405.2, or 407 of the Illinois Controlled Substances

15 Act or a violation of Section 55 or Section 65 of the

16 Methamphetamine Control and Community Protection Act, or

17 (ii) a Class 4 felony violation of Section 11-14, 11-14.3

18 except as described in subdivisions (a)(2)(A) and

19 (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the

20 Criminal Code of 1961 or the Criminal Code of 2012,

21 committed by the defendant the opportunity to make a

22 statement concerning the impact on the victim and to offer

23 evidence in aggravation or mitigation; provided that the

24 statement and evidence offered in aggravation or

25 mitigation must first be prepared in writing in conjunction

26 with the State's Attorney before it may be presented orally

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1 at the hearing. Any sworn testimony offered by the victim

2 is subject to the defendant's right to cross-examine. All

3 statements and evidence offered under this paragraph (7)

4 shall become part of the record of the court. For the

5 purpose of this paragraph (7), "qualified individual"

6 means any person who (i) lived or worked within the

7 territorial jurisdiction where the offense took place when

8 the offense took place; and (ii) is familiar with various

9 public places within the territorial jurisdiction where

10 the offense took place when the offense took place. For the

11 purposes of this paragraph (7), "qualified individual"

12 includes any peace officer, or any member of any duly

13 organized State, county, or municipal peace unit assigned

14 to the territorial jurisdiction where the offense took

15 place when the offense took place;

16 (8) in cases of reckless homicide afford the victim's

17 spouse, guardians, parents or other immediate family

18 members an opportunity to make oral statements;

19 (9) in cases involving a felony sex offense as defined

20 under the Sex Offender Management Board Act, consider the

21 results of the sex offender evaluation conducted pursuant

22 to Section 5-3-2 of this Act; and

23 (10) make a finding of whether a motor vehicle was used

24 in the commission of the offense for which the defendant is

25 being sentenced.

26 (b) All sentences shall be imposed by the judge based upon

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1 his independent assessment of the elements specified above and

2 any agreement as to sentence reached by the parties. The judge

3 who presided at the trial or the judge who accepted the plea of

4 guilty shall impose the sentence unless he is no longer sitting

5 as a judge in that court. Where the judge does not impose

6 sentence at the same time on all defendants who are convicted

7 as a result of being involved in the same offense, the

8 defendant or the State's Attorney may advise the sentencing

9 court of the disposition of any other defendants who have been

10 sentenced.

11 (c) In imposing a sentence for a violent crime or for an

12 offense of operating or being in physical control of a vehicle

13 while under the influence of alcohol, any other drug or any

14 combination thereof, or a similar provision of a local

15 ordinance, when such offense resulted in the personal injury to

16 someone other than the defendant, the trial judge shall specify

17 on the record the particular evidence, information, factors in

18 mitigation and aggravation or other reasons that led to his

19 sentencing determination. The full verbatim record of the

20 sentencing hearing shall be filed with the clerk of the court

21 and shall be a public record.

22 (c-1) In imposing a sentence for the offense of aggravated

23 kidnapping for ransom, home invasion, armed robbery,

24 aggravated vehicular hijacking, aggravated discharge of a

25 firearm, or armed violence with a category I weapon or category

26 II weapon, the trial judge shall make a finding as to whether

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1 the conduct leading to conviction for the offense resulted in

2 great bodily harm to a victim, and shall enter that finding and

3 the basis for that finding in the record.

4 (c-2) If the defendant is sentenced to prison, other than

5 when a sentence of natural life imprisonment or a sentence of

6 death is imposed, at the time the sentence is imposed the judge

7 shall state on the record in open court the approximate period

8 of time the defendant will serve in custody according to the

9 then current statutory rules and regulations for sentence

10 credit found in Section 3-6-3 and other related provisions of

11 this Code. This statement is intended solely to inform the

12 public, has no legal effect on the defendant's actual release,

13 and may not be relied on by the defendant on appeal.

14 The judge's statement, to be given after pronouncing the

15 sentence, other than when the sentence is imposed for one of

16 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,

17 shall include the following:

18 "The purpose of this statement is to inform the public of

19 the actual period of time this defendant is likely to spend in

20 prison as a result of this sentence. The actual period of

21 prison time served is determined by the statutes of Illinois as

22 applied to this sentence by the Illinois Department of

23 Corrections and the Illinois Prisoner Review Board. In this

24 case, assuming the defendant receives all of his or her

25 sentence credit, the period of estimated actual custody is ...

26 years and ... months, less up to 180 days additional sentence

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1 credit for good conduct. If the defendant, because of his or

2 her own misconduct or failure to comply with the institutional

3 regulations, does not receive those credits, the actual time

4 served in prison will be longer. The defendant may also receive

5 an additional one-half day sentence credit for each day of

6 participation in vocational, industry, substance abuse, and

7 educational programs as provided for by Illinois statute."

8 When the sentence is imposed for one of the offenses

9 enumerated in paragraph (a)(3) of Section 3-6-3, other than

10 when the sentence is imposed for one of the offenses enumerated

11 in paragraph (a)(2) of Section 3-6-3 committed on or after June

12 19, 1998, and other than when the sentence is imposed for

13 reckless homicide as defined in subsection (e) of Section 9-3

14 of the Criminal Code of 1961 or the Criminal Code of 2012 if

15 the offense was committed on or after January 1, 1999, and

16 other than when the sentence is imposed for aggravated arson if

17 the offense was committed on or after July 27, 2001 (the

18 effective date of Public Act 92-176), and other than when the

19 sentence is imposed for aggravated driving under the influence

20 of alcohol, other drug or drugs, or intoxicating compound or

21 compounds, or any combination thereof as defined in

22 subparagraph (C) of paragraph (1) of subsection (d) of Section

23 11-501 of the Illinois Vehicle Code committed on or after

24 January 1, 2011 (the effective date of Public Act 96-1230), the

25 judge's statement, to be given after pronouncing the sentence,

26 shall include the following:

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1 "The purpose of this statement is to inform the public of

2 the actual period of time this defendant is likely to spend in

3 prison as a result of this sentence. The actual period of

4 prison time served is determined by the statutes of Illinois as

5 applied to this sentence by the Illinois Department of

6 Corrections and the Illinois Prisoner Review Board. In this

7 case, assuming the defendant receives all of his or her

8 sentence credit, the period of estimated actual custody is ...

9 years and ... months, less up to 90 days additional sentence

10 credit for good conduct. If the defendant, because of his or

11 her own misconduct or failure to comply with the institutional

12 regulations, does not receive those credits, the actual time

13 served in prison will be longer. The defendant may also receive

14 an additional one-half day sentence credit for each day of

15 participation in vocational, industry, substance abuse, and

16 educational programs as provided for by Illinois statute."

17 When the sentence is imposed for one of the offenses

18 enumerated in paragraph (a)(2) of Section 3-6-3, other than

19 first degree murder, and the offense was committed on or after

20 June 19, 1998, and when the sentence is imposed for reckless

21 homicide as defined in subsection (e) of Section 9-3 of the

22 Criminal Code of 1961 or the Criminal Code of 2012 if the

23 offense was committed on or after January 1, 1999, and when the

24 sentence is imposed for aggravated driving under the influence

25 of alcohol, other drug or drugs, or intoxicating compound or

26 compounds, or any combination thereof as defined in

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1 subparagraph (F) of paragraph (1) of subsection (d) of Section

2 11-501 of the Illinois Vehicle Code, and when the sentence is

3 imposed for aggravated arson if the offense was committed on or

4 after July 27, 2001 (the effective date of Public Act 92-176),

5 and when the sentence is imposed for aggravated driving under

6 the influence of alcohol, other drug or drugs, or intoxicating

7 compound or compounds, or any combination thereof as defined in

8 subparagraph (C) of paragraph (1) of subsection (d) of Section

9 11-501 of the Illinois Vehicle Code committed on or after

10 January 1, 2011 (the effective date of Public Act 96-1230), the

11 judge's statement, to be given after pronouncing the sentence,

12 shall include the following:

13 "The purpose of this statement is to inform the public of

14 the actual period of time this defendant is likely to spend in

15 prison as a result of this sentence. The actual period of

16 prison time served is determined by the statutes of Illinois as

17 applied to this sentence by the Illinois Department of

18 Corrections and the Illinois Prisoner Review Board. In this

19 case, the defendant is entitled to no more than 4 1/2 days of

20 sentence credit for each month of his or her sentence of

21 imprisonment. Therefore, this defendant will serve at least 85%

22 of his or her sentence. Assuming the defendant receives 4 1/2

23 days credit for each month of his or her sentence, the period

24 of estimated actual custody is ... years and ... months. If the

25 defendant, because of his or her own misconduct or failure to

26 comply with the institutional regulations receives lesser

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1 credit, the actual time served in prison will be longer."

2 When a sentence of imprisonment is imposed for first degree

3 murder and the offense was committed on or after June 19, 1998,

4 the judge's statement, to be given after pronouncing the

5 sentence, shall include the following:

6 "The purpose of this statement is to inform the public of

7 the actual period of time this defendant is likely to spend in

8 prison as a result of this sentence. The actual period of

9 prison time served is determined by the statutes of Illinois as

10 applied to this sentence by the Illinois Department of

11 Corrections and the Illinois Prisoner Review Board. In this

12 case, the defendant is not entitled to sentence credit.

13 Therefore, this defendant will serve 100% of his or her

14 sentence."

15 When the sentencing order recommends placement in a

16 substance abuse program for any offense that results in

17 incarceration in a Department of Corrections facility and the

18 crime was committed on or after September 1, 2003 (the

19 effective date of Public Act 93-354), the judge's statement, in

20 addition to any other judge's statement required under this

21 Section, to be given after pronouncing the sentence, shall

22 include the following:

23 "The purpose of this statement is to inform the public of

24 the actual period of time this defendant is likely to spend in

25 prison as a result of this sentence. The actual period of

26 prison time served is determined by the statutes of Illinois as

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1 applied to this sentence by the Illinois Department of

2 Corrections and the Illinois Prisoner Review Board. In this

3 case, the defendant shall receive no sentence credit for good

4 conduct under clause (3) of subsection (a) of Section 3-6-3

5 until he or she participates in and completes a substance abuse

6 treatment program or receives a waiver from the Director of

7 Corrections pursuant to clause (4.5) of subsection (a) of

8 Section 3-6-3."

9 (c-4) Before the sentencing hearing and as part of the

10 presentence investigation under Section 5-3-1, the court shall

11 inquire of the defendant whether the defendant is currently

12 serving in or is a veteran of the Armed Forces of the United

13 States. If the defendant is currently serving in the Armed

14 Forces of the United States or is a veteran of the Armed Forces

15 of the United States and has been diagnosed as having a mental

16 illness by a qualified psychiatrist or clinical psychologist or

17 physician, the court may:

18 (1) order that the officer preparing the presentence

19 report consult with the United States Department of

20 Veterans Affairs, Illinois Department of Veterans'

21 Affairs, or another agency or person with suitable

22 knowledge or experience for the purpose of providing the

23 court with information regarding treatment options

24 available to the defendant, including federal, State, and

25 local programming; and

26 (2) consider the treatment recommendations of any

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1 diagnosing or treating mental health professionals

2 together with the treatment options available to the

3 defendant in imposing sentence.

4 For the purposes of this subsection (c-4), "qualified

5 psychiatrist" means a reputable physician licensed in Illinois

6 to practice medicine in all its branches, who has specialized

7 in the diagnosis and treatment of mental and nervous disorders

8 for a period of not less than 5 years.

9 (c-6) In imposing a sentence, the trial judge shall

10 specify, on the record, the particular evidence and other

11 reasons which led to his or her determination that a motor

12 vehicle was used in the commission of the offense.

13 (d) When the defendant is committed to the Department of

14 Corrections, the State's Attorney shall and counsel for the

15 defendant may file a statement with the clerk of the court to

16 be transmitted to the department, agency or institution to

17 which the defendant is committed to furnish such department,

18 agency or institution with the facts and circumstances of the

19 offense for which the person was committed together with all

20 other factual information accessible to them in regard to the

21 person prior to his commitment relative to his habits,

22 associates, disposition and reputation and any other facts and

23 circumstances which may aid such department, agency or

24 institution during its custody of such person. The clerk shall

25 within 10 days after receiving any such statements transmit a

26 copy to such department, agency or institution and a copy to

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1 the other party, provided, however, that this shall not be

2 cause for delay in conveying the person to the department,

3 agency or institution to which he has been committed.

4 (e) The clerk of the court shall transmit to the

5 department, agency or institution, if any, to which the

6 defendant is committed, the following:

7 (1) the sentence imposed;

8 (2) any statement by the court of the basis for

9 imposing the sentence;

10 (3) any presentence reports;

11 (3.5) any sex offender evaluations;

12 (3.6) any substance abuse treatment eligibility

13 screening and assessment of the defendant by an agent

14 designated by the State of Illinois to provide assessment

15 services for the Illinois courts;

16 (4) the number of days, if any, which the defendant has

17 been in custody and for which he is entitled to credit

18 against the sentence, which information shall be provided

19 to the clerk by the sheriff;

20 (4.1) any finding of great bodily harm made by the

21 court with respect to an offense enumerated in subsection

22 (c-1);

23 (5) all statements filed under subsection (d) of this

24 Section;

25 (6) any medical or mental health records or summaries

26 of the defendant;

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1 (7) the municipality where the arrest of the offender

2 or the commission of the offense has occurred, where such

3 municipality has a population of more than 25,000 persons;

4 (8) all statements made and evidence offered under

5 paragraph (7) of subsection (a) of this Section; and

6 (9) all additional matters which the court directs the

7 clerk to transmit.

8 (f) In cases in which the court finds that a motor vehicle

9 was used in the commission of the offense for which the

10 defendant is being sentenced, the clerk of the court shall,

11 within 5 days thereafter, forward a report of such conviction

12 to the Secretary of State.

13 (Source: P.A. 96-86, eff. 1-1-10; 96-1180, eff. 1-1-11;

14 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff.

15 8-12-11; 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)

16 (730 ILCS 5/5-9-1.9)

17 Sec. 5-9-1.9. DUI analysis fee.

18 (a) "Crime laboratory" means a not-for-profit laboratory

19 substantially funded by a single unit or combination of units

20 of local government or the State of Illinois that regularly

21 employs at least one person engaged in the DUI analysis of

22 blood and urine for criminal justice agencies in criminal

23 matters and provides testimony with respect to such

24 examinations.

25 "DUI analysis" means an analysis of blood or urine for

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1 purposes of determining whether a violation of Section 11-501

2 or 11-508of the Illinois Vehicle Code has occurred.

3 (b) When a person has been adjudged guilty of an offense in

4 violation of Section 11-501or 11-508 of the Illinois Vehicle

5 Code, in addition to any other disposition, penalty, or fine

6 imposed, a crime laboratory DUI analysis fee of $150 for each

7 offense for which the person was convicted shall be levied by

8 the court for each case in which a laboratory analysis

9 occurred. Upon verified petition of the person, the court may

10 suspend payment of all or part of the fee if it finds that the

11 person does not have the ability to pay the fee.

12 (c) In addition to any other disposition made under the

13 provisions of the Juvenile Court Act of 1987, any minor

14 adjudicated delinquent for an offense which if committed by an

15 adult would constitute a violation of Section 11-501 or 11-508

16 of the Illinois Vehicle Code shall be assessed a crime

17 laboratory DUI analysis fee of $150 for each adjudication. Upon

18 verified petition of the minor, the court may suspend payment

19 of all or part of the fee if it finds that the minor does not

20 have the ability to pay the fee. The parent, guardian, or legal

21 custodian of the minor may pay some or all of the fee on the

22 minor's behalf.

23 (d) All crime laboratory DUI analysis fees provided for by

24 this Section shall be collected by the clerk of the court and

25 forwarded to the appropriate crime laboratory DUI fund as

26 provided in subsection (f).

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1 (e) Crime laboratory funds shall be established as follows:

2 (1) A unit of local government that maintains a crime

3 laboratory may establish a crime laboratory DUI fund within

4 the office of the county or municipal treasurer.

5 (2) Any combination of units of local government that

6 maintains a crime laboratory may establish a crime

7 laboratory DUI fund within the office of the treasurer of

8 the county where the crime laboratory is situated.

9 (3) The State Police DUI Fund is created as a special

10 fund in the State Treasury.

11 (f) The analysis fee provided for in subsections (b) and

12 (c) of this Section shall be forwarded to the office of the

13 treasurer of the unit of local government that performed the

14 analysis if that unit of local government has established a

15 crime laboratory DUI fund, or to the State Treasurer for

16 deposit into the State Police DUI Fund if the analysis was

17 performed by a laboratory operated by the Department of State

18 Police. If the analysis was performed by a crime laboratory

19 funded by a combination of units of local government, the

20 analysis fee shall be forwarded to the treasurer of the county

21 where the crime laboratory is situated if a crime laboratory

22 DUI fund has been established in that county. If the unit of

23 local government or combination of units of local government

24 has not established a crime laboratory DUI fund, then the

25 analysis fee shall be forwarded to the State Treasurer for

26 deposit into the State Police DUI Fund. The clerk of the

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1 circuit court may retain the amount of $10 from each collected

2 analysis fee to offset administrative costs incurred in

3 carrying out the clerk's responsibilities under this Section.

4 (g) Fees deposited into a crime laboratory DUI fund created

5 under paragraphs (1) and (2) of subsection (e) of this Section

6 shall be in addition to any allocations made pursuant to

7 existing law and shall be designated for the exclusive use of

8 the crime laboratory. These uses may include, but are not

9 limited to, the following:

10 (1) Costs incurred in providing analysis for DUI

11 investigations conducted within this State.

12 (2) Purchase and maintenance of equipment for use in

13 performing analyses.

14 (3) Continuing education, training, and professional

15 development of forensic scientists regularly employed by

16 these laboratories.

17 (h) Fees deposited in the State Police DUI Fund created

18 under paragraph (3) of subsection (e) of this Section shall be

19 used by State crime laboratories as designated by the Director

20 of State Police. These funds shall be in addition to any

21 allocations made according to existing law and shall be

22 designated for the exclusive use of State crime laboratories.

23 These uses may include those enumerated in subsection (g) of

24 this Section.

25 (Source: P.A. 91-822, eff. 6-13-00.)

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1 Section 95. No acceleration or delay. Where this Act makes

2 changes in a statute that is represented in this Act by text

3 that is not yet or no longer in effect (for example, a Section

4 represented by multiple versions), the use of that text does

5 not accelerate or delay the taking effect of (i) the changes

6 made by this Act or (ii) provisions derived from any other

7 Public Act.

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INDEX

Statutes amended in order of appearance