Sen. Julie A. Morrison
Filed: 4/15/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 1479




2 AMENDMENT NO. ______. Amend Senate Bill 1479 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Vehicle Code is amended by 
5changing Section 6-206 as follows:



6 (625 ILCS 5/6-206)



7 Sec. 6-206. Discretionary authority to suspend or revoke 
8license or
permit; Right to a hearing.

9 (a) The Secretary of State is authorized to suspend or 
10revoke the
driving privileges of any person without preliminary 
11hearing upon a showing
of the person's records or other 
12sufficient evidence that
the person:


13  1. Has committed an offense for which mandatory 
14 revocation of
a driver's license or permit is required upon 
15 conviction;


16  2. Has been convicted of not less than 3 offenses 
 
 
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1 against traffic
regulations governing the movement of 
2 vehicles committed within any 12
month period. No 
3 revocation or suspension shall be entered more than
6 
4 months after the date of last conviction;


5  3. Has been repeatedly involved as a driver in motor 
6 vehicle
collisions or has been repeatedly convicted of 
7 offenses against laws and
ordinances regulating the 
8 movement of traffic, to a degree that
indicates lack of 
9 ability to exercise ordinary and reasonable care in
the 
10 safe operation of a motor vehicle or disrespect for the 
11 traffic laws
and the safety of other persons upon the 
12 highway;


13  4. Has by the unlawful operation of a motor vehicle 
14 caused or
contributed to an accident resulting in injury 
15 requiring
immediate professional treatment in a medical 
16 facility or doctor's office
to any person, except that any 
17 suspension or revocation imposed by the
Secretary of State 
18 under the provisions of this subsection shall start no

19 later than 6 months after being convicted of violating a 
20 law or
ordinance regulating the movement of traffic, which 
21 violation is related
to the accident, or shall start not 
22 more than one year
after
the date of the accident, 
23 whichever date occurs later;


24  5. Has permitted an unlawful or fraudulent use of a 
25 driver's
license, identification card, or permit;


26  6. Has been lawfully convicted of an offense or 
 
 
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1 offenses in another
state, including the authorization 
2 contained in Section 6-203.1, which
if committed within 
3 this State would be grounds for suspension or revocation;


4  7. Has refused or failed to submit to an examination 
5 provided for by
Section 6-207 or has failed to pass the 
6 examination;


7  8. Is ineligible for a driver's license or permit under 
8 the provisions
of Section 6-103;


9  9. Has made a false statement or knowingly concealed a 
10 material fact
or has used false information or 
11 identification in any application for a
license, 
12 identification card, or permit;


13  10. Has possessed, displayed, or attempted to 
14 fraudulently use any
license, identification card, or 
15 permit not issued to the person;


16  11. Has operated a motor vehicle upon a highway of this 
17 State when
the person's driving privilege or privilege to 
18 obtain a driver's license
or permit was revoked or 
19 suspended unless the operation was authorized by
a 
20 monitoring device driving permit, judicial driving permit 
21 issued prior to January 1, 2009, probationary license to 
22 drive, or a restricted
driving permit issued under this 
23 Code;


24  12. Has submitted to any portion of the application 
25 process for
another person or has obtained the services of 
26 another person to submit to
any portion of the application 
 
 
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1 process for the purpose of obtaining a
license, 
2 identification card, or permit for some other person;


3  13. Has operated a motor vehicle upon a highway of this 
4 State when
the person's driver's license or permit was 
5 invalid under the provisions of
Sections 6-107.1 and
6-110;


6  14. Has committed a violation of Section 6-301, 
7 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B 
8 of the Illinois Identification Card
Act;


9  15. Has been convicted of violating Section 21-2 of the 
10 Criminal Code
of 1961 or the Criminal Code of 2012 relating 
11 to criminal trespass to vehicles in which case, the 
12 suspension
shall be for one year;


13  16. Has been convicted of violating Section 11-204 of 
14 this Code relating
to fleeing from a peace officer;


15  17. Has refused to submit to a test, or tests, as 
16 required under Section
11-501.1 of this Code and the person 
17 has not sought a hearing as
provided for in Section 
18 11-501.1;


19  18. Has, since issuance of a driver's license or 
20 permit, been adjudged
to be afflicted with or suffering 
21 from any mental disability or disease;


22  19. Has committed a violation of paragraph (a) or (b) 
23 of Section 6-101
relating to driving without a driver's 
24 license;


25  20. Has been convicted of violating Section 6-104 
26 relating to
classification of driver's license;


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

2 this Code relating to leaving the scene of an accident 
3 resulting in damage
to a vehicle in excess of $1,000, in 
4 which case the suspension shall be
for one year;


5  22. Has used a motor vehicle in violating paragraph 
6 (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
7 the Criminal Code of 1961 or the Criminal Code of 2012 
8 relating
to unlawful use of weapons, in which case the 
9 suspension shall be for one
year;


10  23. Has, as a driver, been convicted of committing a 
11 violation of
paragraph (a) of Section 11-502 of this Code 
12 for a second or subsequent
time within one year of a 
13 similar violation;


14  24. Has been convicted by a court-martial or punished 
15 by non-judicial
punishment by military authorities of the 
16 United States at a military
installation in Illinois of or 
17 for a traffic related offense that is the
same as or 
18 similar to an offense specified under Section 6-205 or 
19 6-206 of
this Code;


20  25. Has permitted any form of identification to be used 
21 by another in
the application process in order to obtain or 
22 attempt to obtain a license,
identification card, or 
23 permit;


24  26. Has altered or attempted to alter a license or has 
25 possessed an
altered license, identification card, or 
26 permit;


 
 
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1  27. Has violated Section 6-16 of the Liquor Control Act 
2 of 1934;


3  28. Has been convicted for a first time of the illegal 
4 possession, while operating or
in actual physical control, 
5 as a driver, of a motor vehicle, of any
controlled 
6 substance prohibited under the Illinois Controlled 
7 Substances
Act, any cannabis prohibited under the Cannabis 
8 Control
Act, or any methamphetamine prohibited under the 
9 Methamphetamine Control and Community Protection Act, in 
10 which case the person's driving privileges shall be 
11 suspended for
one year.
Any defendant found guilty of this 
12 offense while operating a motor vehicle,
shall have an 
13 entry made in the court record by the presiding judge that

14 this offense did occur while the defendant was operating a 
15 motor vehicle
and order the clerk of the court to report 
16 the violation to the Secretary
of State;


17  29. Has been convicted of the following offenses that 
18 were committed
while the person was operating or in actual 
19 physical control, as a driver,
of a motor vehicle: criminal 
20 sexual assault,
predatory criminal sexual assault of a 
21 child,
aggravated criminal sexual
assault, criminal sexual 
22 abuse, aggravated criminal sexual abuse, juvenile
pimping, 
23 soliciting for a juvenile prostitute, promoting juvenile 
24 prostitution as described in subdivision (a)(1), (a)(2), 
25 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 
26 or the Criminal Code of 2012, and the manufacture, sale or

 
 
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1 delivery of controlled substances or instruments used for 
2 illegal drug use
or abuse in which case the driver's 
3 driving privileges shall be suspended
for one year;


4  30. Has been convicted a second or subsequent time for 
5 any
combination of the offenses named in paragraph 29 of 
6 this subsection,
in which case the person's driving 
7 privileges shall be suspended for 5
years;


8  31. Has refused to submit to a test as
required by 
9 Section 11-501.6 of this Code or Section 5-16c of the Boat 
10 Registration and Safety Act or has submitted to a test 
11 resulting in
an alcohol concentration of 0.08 or more or 
12 any amount of a drug, substance, or
compound resulting from 
13 the unlawful use or consumption of cannabis as listed
in 
14 the Cannabis Control Act, a controlled substance as listed 
15 in the Illinois
Controlled Substances Act, an intoxicating 
16 compound as listed in the Use of
Intoxicating Compounds 
17 Act, or methamphetamine as listed in the Methamphetamine 
18 Control and Community Protection Act, in which case the 
19 penalty shall be
as prescribed in Section 6-208.1;


20  32. Has been convicted of Section 24-1.2 of the 
21 Criminal Code of
1961 or the Criminal Code of 2012 relating 
22 to the aggravated discharge of a firearm if the offender 
23 was
located in a motor vehicle at the time the firearm was 
24 discharged, in which
case the suspension shall be for 3 
25 years;


26  33. Has as a driver, who was less than 21 years of age 
 
 
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1 on the date of
the offense, been convicted a first time of 
2 a violation of paragraph (a) of
Section 11-502 of this Code 
3 or a similar provision of a local ordinance;


4  34. Has committed a violation of Section 11-1301.5 of 
5 this Code or a similar provision of a local ordinance;


6  35. Has committed a violation of Section 11-1301.6 of 
7 this Code or a similar provision of a local ordinance;


8  36. Is under the age of 21 years at the time of arrest 
9 and has been
convicted of not less than 2 offenses against 
10 traffic regulations governing
the movement of vehicles 
11 committed within any 24 month period. No revocation
or 
12 suspension shall be entered more than 6 months after the 
13 date of last
conviction;


14  37. Has committed a violation of subsection (c) of 
15 Section 11-907 of this
Code that resulted in damage to the 
16 property of another or the death or injury of another;


17  38. Has been convicted of a violation of Section 6-20 
18 of the Liquor
Control Act of 1934 or a similar provision of 
19 a local ordinance;


20  39. Has committed a second or subsequent violation of 
21 Section
11-1201 of this Code;

22  40. Has committed a violation of subsection (a-1) of 
23 Section 11-908 of
this Code;
24  41. Has committed a second or subsequent violation of 
25 Section 11-605.1 of this Code, a similar provision of a 
26 local ordinance, or a similar violation in any other state 
 
 
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1 within 2 years of the date of the previous violation, in 
2 which case the suspension shall be for 90 days;
3  42. Has committed a violation of subsection (a-1) of 
4 Section 11-1301.3 of this Code or a similar provision of a 
5 local ordinance;

6  43. Has received a disposition of court supervision for 
7 a violation of subsection (a), (d), or (e) of Section 6-20 
8 of the Liquor
Control Act of 1934 or a similar provision of 
9 a local ordinance, in which case the suspension shall be 
10 for a period of 3 months;

11  44.
Is under the age of 21 years at the time of arrest 
12 and has been convicted of an offense against traffic 
13 regulations governing the movement of vehicles after 
14 having previously had his or her driving privileges

15 suspended or revoked pursuant to subparagraph 36 of this 
16 Section;
17  45.
Has, in connection with or during the course of a 
18 formal hearing conducted under Section 2-118 of this Code: 
19 (i) committed perjury; (ii) submitted fraudulent or 
20 falsified documents; (iii) submitted documents that have 
21 been materially altered; or (iv) submitted, as his or her 
22 own, documents that were in fact prepared or composed for 
23 another person; or
24  46. Has committed a violation of subsection (j) of 
25 Section 3-413 of this Code.
26 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
 
 
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1and 27 of this
subsection, license means any driver's license, 
2any traffic ticket issued when
the person's driver's license is 
3deposited in lieu of bail, a suspension
notice issued by the 
4Secretary of State, a duplicate or corrected driver's
license, 
5a probationary driver's license or a temporary driver's 
6license.

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

8revocation authorized under this Section is appealed, the

9Secretary of State may rescind or withhold the entry of the 
10order of suspension
or revocation, as the case may be, provided 
11that a certified copy of a stay
order of a court is filed with 
12the Secretary of State. If the conviction is
affirmed on 
13appeal, the date of the conviction shall relate back to the 
14time
the original judgment of conviction was entered and the 6 
15month limitation
prescribed shall not apply.


16 (c) 1. Upon suspending or revoking the driver's license or 
17permit of
any person as authorized in this Section, the 
18Secretary of State shall
immediately notify the person in 
19writing of the revocation or suspension.
The notice to be 
20deposited in the United States mail, postage prepaid,
to the 
21last known address of the person.


22  2. If the Secretary of State suspends the driver's 
23 license
of a person under subsection 2 of paragraph (a) of 
24 this Section, a
person's privilege to operate a vehicle as 
25 an occupation shall not be
suspended, provided an affidavit 
26 is properly completed, the appropriate fee
received, and a 
 
 
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1 permit issued prior to the effective date of the

2 suspension, unless 5 offenses were committed, at least 2 of 
3 which occurred
while operating a commercial vehicle in 
4 connection with the driver's
regular occupation. All other 
5 driving privileges shall be suspended by the
Secretary of 
6 State. Any driver prior to operating a vehicle for

7 occupational purposes only must submit the affidavit on 
8 forms to be
provided by the Secretary of State setting 
9 forth the facts of the person's
occupation. The affidavit 
10 shall also state the number of offenses
committed while 
11 operating a vehicle in connection with the driver's regular

12 occupation. The affidavit shall be accompanied by the 
13 driver's license.
Upon receipt of a properly completed 
14 affidavit, the Secretary of State
shall issue the driver a 
15 permit to operate a vehicle in connection with the
driver's 
16 regular occupation only. Unless the permit is issued by the

17 Secretary of State prior to the date of suspension, the 
18 privilege to drive
any motor vehicle shall be suspended as 
19 set forth in the notice that was
mailed under this Section. 
20 If an affidavit is received subsequent to the
effective 
21 date of this suspension, a permit may be issued for the 
22 remainder
of the suspension period.


23  The provisions of this subparagraph shall not apply to 
24 any driver
required to possess a CDL for the purpose of 
25 operating a commercial motor vehicle.


26  Any person who falsely states any fact in the affidavit 
 
 
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1 required
herein shall be guilty of perjury under Section 
2 6-302 and upon conviction
thereof shall have all driving 
3 privileges revoked without further rights.


4  3. At the conclusion of a hearing under Section 2-118 
5 of this Code,
the Secretary of State shall either rescind 
6 or continue an order of
revocation or shall substitute an 
7 order of suspension; or, good
cause appearing therefor, 
8 rescind, continue, change, or extend the
order of 
9 suspension. If the Secretary of State does not rescind the 
10 order,
the Secretary may upon application,
to relieve undue 
11 hardship (as defined by the rules of the Secretary of 
12 State), issue
a restricted driving permit granting the 
13 privilege of driving a motor
vehicle between the 
14 petitioner's residence and petitioner's place of

15 employment or within the scope of the petitioner's 
16 employment related duties, or to
allow the petitioner to 
17 transport himself or herself, or a family member of the

18 petitioner's household to a medical facility, to receive 
19 necessary medical care, to allow the petitioner to 
20 transport himself or herself to and from alcohol or drug

21 remedial or rehabilitative activity recommended by a 
22 licensed service provider, or to allow the petitioner to 
23 transport himself or herself or a family member of the 
24 petitioner's household to classes, as a student, at an 
25 accredited educational institution, or to allow the 
26 petitioner to transport children, elderly persons, or 
 
 
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1 disabled persons who do not hold driving privileges and are 
2 living in the petitioner's household to and from daycare. 
3 The
petitioner must demonstrate that no alternative means 
4 of
transportation is reasonably available and that the 
5 petitioner will not endanger
the public safety or welfare. 
6 Those multiple offenders identified in subdivision (b)4 of 
7 Section 6-208 of this Code, however, shall not be eligible 
8 for the issuance of a restricted driving permit.

9 
  (A) If a person's license or permit is revoked or 
10 suspended due to 2
or more convictions of violating 
11 Section 11-501 of this Code or a similar
provision of a 
12 local ordinance or a similar out-of-state offense, or 
13 Section 9-3 of the Criminal Code of 1961 or the 
14 Criminal Code of 2012, where the use of alcohol or 
15 other drugs is recited as an element of the offense, or 
16 a similar out-of-state offense, or a combination of 
17 these offenses, arising out
of separate occurrences, 
18 that person, if issued a restricted driving permit,
may 
19 not operate a vehicle unless it has been equipped with 
20 an ignition
interlock device as defined in Section 
21 1-129.1.


22   (B) If a person's license or permit is revoked or 
23 suspended 2 or more
times within a 10 year period due 
24 to any combination of:
25    (i) a single conviction of violating Section

26 11-501 of this Code or a similar provision of a 
 
 
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1 local ordinance or a similar
out-of-state offense 
2 or Section 9-3 of the Criminal Code of 1961 or the 
3 Criminal Code of 2012, where the use of alcohol or 
4 other drugs is recited as an element of the 
5 offense, or a similar out-of-state offense; or
6    (ii) a statutory summary suspension or 
7 revocation under Section
11-501.1; or
8    (iii) a suspension under Section 6-203.1; 
9  arising out of
separate occurrences; that person, if 
10 issued a restricted driving permit, may
not operate a 
11 vehicle unless it has been
equipped with an ignition 
12 interlock device as defined in Section 1-129.1.
13   (C)
The person issued a permit conditioned upon the 
14 use of an ignition interlock device must pay to the 
15 Secretary of State DUI Administration Fund an amount

16 not to exceed $30 per month. The Secretary shall 
17 establish by rule the amount
and the procedures, terms, 
18 and conditions relating to these fees.
19   (D) If the
restricted driving permit is issued for 
20 employment purposes, then the prohibition against 
21 operating a motor vehicle that is not equipped with an 
22 ignition interlock device does not apply to the 
23 operation of an occupational vehicle owned or
leased by 
24 that person's employer when used solely for employment 
25 purposes.
26   (E) In each case the Secretary may issue a

 
 
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1 restricted driving permit for a period deemed 
2 appropriate, except that all
permits shall expire 
3 within one year from the date of issuance. The 
4 Secretary
may not, however, issue a restricted driving 
5 permit to any person whose current
revocation is the 
6 result of a second or subsequent conviction for a 
7 violation
of Section 11-501 of this Code or a similar 
8 provision of a local ordinance
or any similar 
9 out-of-state offense, or Section 9-3 of the Criminal 
10 Code of 1961 or the Criminal Code of 2012, where the 
11 use of alcohol or other drugs is recited as an element 
12 of the offense, or any similar out-of-state offense, or 
13 any combination
of those offenses, until the 
14 expiration of at least one year from the date of
the 
15 revocation. A
restricted driving permit issued under 
16 this Section shall be subject to
cancellation, 
17 revocation, and suspension by the Secretary of State in 
18 like
manner and for like cause as a driver's license 
19 issued under this Code may be
cancelled, revoked, or 
20 suspended; except that a conviction upon one or more

21 offenses against laws or ordinances regulating the 
22 movement of traffic
shall be deemed sufficient cause 
23 for the revocation, suspension, or
cancellation of a 
24 restricted driving permit. The Secretary of State may, 
25 as
a condition to the issuance of a restricted driving 
26 permit, require the
applicant to participate in a 
 
 
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1 designated driver remedial or rehabilitative
program. 
2 The Secretary of State is authorized to cancel a 
3 restricted
driving permit if the permit holder does not 
4 successfully complete the program.

5 (c-3) In the case of a suspension under paragraph 43 of 
6subsection (a), reports received by the Secretary of State 
7under this Section shall, except during the actual time the 
8suspension is in effect, be privileged information and for use 
9only by the courts, police officers, prosecuting authorities, 
10the driver licensing administrator of any other state, the 
11Secretary of State, or the parent or legal guardian of a driver 
12under the age of 18. However, beginning January 1, 2008, if the 
13person is a CDL holder, the suspension shall also be made 
14available to the driver licensing administrator of any other 
15state, the U.S. Department of Transportation, and the affected 
16driver or motor
carrier or prospective motor carrier upon 
17request.

18 (c-4) In the case of a suspension under paragraph 43 of 
19subsection (a), the Secretary of State shall notify the person 
20by mail that his or her driving privileges and driver's license 
21will be suspended one month after the date of the mailing of 
22the notice.

23 (c-5) The Secretary of State may, as a condition of the 
24reissuance of a
driver's license or permit to an applicant 
25whose driver's license or permit has
been suspended before he 
26or she reached the age of 21 years pursuant to any of
the 
 
 
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1provisions of this Section, require the applicant to 
2participate in a
driver remedial education course and be 
3retested under Section 6-109 of this
Code.

4 (d) This Section is subject to the provisions of the 
5Drivers License
Compact.

6 (e) The Secretary of State shall not issue a restricted 
7driving permit to
a person under the age of 16 years whose 
8driving privileges have been suspended
or revoked under any 
9provisions of this Code.

10 (f) In accordance with 49 C.F.R. 384, the Secretary of 
11State may not issue a restricted driving permit for the 
12operation of a commercial motor vehicle to a person holding a 
13CDL whose driving privileges have been suspended, revoked, 
14cancelled, or disqualified under any provisions of this Code.
15(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; 
1696-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. 
177-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, 
18eff. 8-12-11; 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, 
19eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

20 Section 10. The Boat Registration and Safety Act is amended 
21by adding Section 5-16c as follows:

22 (625 ILCS 45/5-16c new)
23 Sec. 5-16c. Operator involvement in personal injury or 
24fatal boating accident; chemical tests.
 
 
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1 (a) Any person who operates or is in actual physical 
2control of a watercraft within this State and who has been 
3involved in a personal injury or fatal boating accident, shall 
4be deemed to have given consent to a breath test using a 
5portable device as approved by the Department of State Police 
6or to a chemical test or tests of blood, breath, or urine for 
7the purpose of determining the content of alcohol, other drug 
8or drugs, or intoxicating compound or compounds of the person's 
9blood if arrested as evidenced by the issuance of a uniform 
10citation for a violation of the Boat Registration and Safety 
11Act or a similar provision of a local ordinance, with the 
12exception of equipment violations contained in Article IV of 
13this Act, or similar provisions of local ordinances. The test 
14or tests shall be administered at the direction of the 
15arresting officer. The law enforcement agency employing the 
16officer shall designate which of the aforesaid tests shall be 
17administered. A urine test may be administered even after a 
18blood or breath test or both has been administered. Compliance 
19with this Section does not relieve the person from the 
20requirements of any other Section of this Act.
21 (b) Any person who is dead, unconscious, or who is 
22otherwise in a
condition rendering that person incapable of 
23refusal shall be deemed not to
have withdrawn the consent 
24provided by subsection (a) of this Section. In
addition, if an 
25operator of a watercraft is receiving medical treatment as a

26result of a boating accident, any physician licensed to 
 
 
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1practice
medicine, licensed physician assistant, licensed 
2advanced practice nurse, registered nurse, or a phlebotomist 
3acting under the direction of
a licensed physician shall 
4withdraw blood for testing purposes to ascertain
the presence 
5of alcohol, other drug or drugs, or intoxicating
compound or 
6compounds, upon the specific request of a law
enforcement 
7officer. However, this testing shall not be performed until, in

8the opinion of the medical personnel on scene, the withdrawal 
9can be made
without interfering with or endangering the 
10well-being of the patient.
11 (c) A person requested to submit to a test under subsection 
12(a) of this Section shall be
warned by the law enforcement 
13officer requesting the test that a refusal to
submit to the 
14test, or submission to the test resulting in an alcohol

15concentration of 0.08 or more, or any amount of a drug, 
16substance,
or intoxicating compound
resulting from the 
17unlawful use or consumption of cannabis, as covered by the

18Cannabis Control Act, a controlled substance listed in the 
19Illinois
Controlled Substances Act, an intoxicating compound 
20listed in the Use of
Intoxicating Compounds Act, or 
21methamphetamine as listed in the Methamphetamine Control and 
22Community Protection Act as detected in the person's blood or 
23urine, may
result in the suspension of the person's privilege 
24to operate a motor vehicle and may result in the 
25disqualification of the person's privilege to operate a 
26commercial motor vehicle, as provided in Section 6-514 of the 
 
 
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1Illinois Vehicle Code, if the person is a CDL holder.
The 
2length of the suspension shall be the same as outlined in 
3Section
6-208.1 of the Illinois Vehicle Code regarding 
4statutory summary suspensions.
5 (d) If the person refuses testing or submits to a test 
6which discloses
an alcohol concentration of 0.08 or more, or 
7any amount of a drug,
substance,
or intoxicating compound in 
8the person's blood or urine resulting from the
unlawful use or

9consumption of cannabis listed in the Cannabis Control Act, a 
10controlled
substance listed in the Illinois Controlled 
11Substances Act, an
intoxicating
compound listed in the Use of 
12Intoxicating Compounds Act, or methamphetamine as listed in the 
13Methamphetamine Control and Community Protection Act, the law

14enforcement officer shall immediately submit a sworn report to 
15the Secretary of
State on a form prescribed by the Secretary of 
16State, certifying that the test or tests
were requested under 
17subsection (a) of this Section and the person refused to submit 
18to a
test or tests or submitted to testing which disclosed an 
19alcohol concentration
of 0.08 or more, or any amount of a drug, 
20substance, or intoxicating
compound
in the
person's blood or 
21urine, resulting from the unlawful use or consumption of

22cannabis listed in the Cannabis Control Act, a controlled 
23substance
listed in
the Illinois Controlled Substances Act,
an 
24intoxicating compound listed in
the Use of Intoxicating 
25Compounds Act, or methamphetamine as listed in the 
26Methamphetamine Control and Community Protection Act.
 
 
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1 Upon receipt of the sworn report of a law enforcement 
2officer, the
Secretary of State shall enter the suspension and 
3disqualification to the person's driving record and the

4suspension and disqualification shall be effective on the 46th 
5day following the date notice of the
suspension was given to 
6the person.
7 The law enforcement officer submitting the sworn report 
8shall serve immediate
notice of this suspension on the person 
9and this suspension and disqualification shall be effective
on 
10the 46th day following the date notice was given.
11 In cases where the blood alcohol concentration of 0.08 or 
12more,
or any amount
of a drug, substance, or intoxicating 
13compound resulting from the unlawful
use or
consumption of 
14cannabis as listed in the Cannabis Control Act, a
controlled

15substance listed in the Illinois Controlled Substances Act,
an

16intoxicating
compound listed in the Use of Intoxicating 
17Compounds Act, or methamphetamine as listed in the 
18Methamphetamine Control and Community Protection Act, is 
19established by a
subsequent analysis of blood or urine 
20collected at the time of arrest, the
arresting officer shall 
21give notice as provided in this Section or by deposit
in the 
22United States mail of this notice in an envelope with postage 
23prepaid
and addressed to the person at his or her address as 
24shown on the uniform citation and the suspension and 
25disqualification shall be effective on the 46th day following 
26the date
notice was given.
 
 
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1 Upon receipt of the sworn report of a law enforcement 
2officer, the Secretary of State
shall also give notice of the 
3suspension and disqualification to the person by mailing a 
4notice of
the effective date of the suspension and 
5disqualification to the person. However, should the
sworn 
6report be defective by not containing sufficient information or 
7be
completed in error, the notice of the suspension and 
8disqualification shall not be mailed to the
person or entered 
9to the driving record, but rather the sworn report shall be

10returned to the issuing law enforcement agency.
11 (e) A person may contest this suspension of his or her

12driving privileges and disqualification of his or her CDL 
13privileges by
requesting an administrative hearing with the 
14Secretary of State in accordance with
Section 2-118 of the 
15Illinois Vehicle Code. At the conclusion of a hearing held 
16under
Section 2-118 of the Illinois Vehicle Code, the Secretary 
17of State may rescind, continue, or modify the
orders
of 
18suspension and disqualification. If the Secretary of State does 
19not rescind the orders of suspension and disqualification, a 
20restricted
driving permit may be granted by the Secretary of 
21State upon application being made and
good cause shown. A 
22restricted driving permit may be granted to relieve undue

23hardship to allow driving for employment, educational, and 
24medical purposes as
outlined in Section 6-206 of the Illinois 
25Vehicle Code. The provisions of Section 6-206 of
the Illinois 
26Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the 
 
 
09800SB1479sam002- 23 -LRB098 10147 MLW 44571 a


1Secretary of State may not issue a restricted driving permit 
2for the operation of a commercial motor vehicle to a person 
3holding a CDL whose driving privileges have been suspended, 
4revoked, cancelled, or disqualified.
5 (f) For the purposes of this Section, a personal injury 
6shall include
any type A injury as indicated on the accident 
7report completed
by a law enforcement officer that requires 
8immediate professional attention
in a doctor's office or a 
9medical facility. A type A injury shall
include severely 
10bleeding wounds, distorted extremities, and injuries that

11require the injured party to be carried from the scene.".