Sen. Julie A. Morrison
Filed: 4/10/2013
 
 


 




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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 6-208.1 as follows:

6 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
7 (Text of Section from P.A. 96-1526)
8 Sec. 6-208.1. Period of statutory summary alcohol, other 
9drug,
or intoxicating compound related suspension.
10 (a) Unless the statutory summary suspension has been 
11rescinded, any
person whose privilege to drive a motor vehicle 
12on the public highways has
been summarily suspended, pursuant 
13to Section 11-501.1 of this Code or Section 5-16c of the Boat 
14Registration and Safety Act, shall not be
eligible for 
15restoration of the privilege until the expiration of:
16  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 to determine the
alcohol, drug, or 
3 intoxicating compound concentration, pursuant
to
Section 
4 11-501.1 of this Code or Section 5-16c of the Boat 
5 Registration and Safety Act; or
6  2. Six months from the effective date of the statutory 
7 summary
suspension imposed following the person's 
8 submission to a chemical test
which disclosed an alcohol 
9 concentration of 0.08 or more, or any
amount
of a
drug, 
10 substance, or intoxicating compound in such person's

11 breath, blood, or
urine resulting
from the unlawful use or 
12 consumption of cannabis listed in the Cannabis
Control Act, 
13 a controlled substance listed in the Illinois
Controlled

14 Substances Act, an intoxicating compound listed in the Use 
15 of Intoxicating
Compounds Act, or methamphetamine as 
16 listed in the Methamphetamine Control and Community 
17 Protection Act, pursuant to Section 11-501.1 of this Code 
18 or Section 5-16c of the Boat Registration and Safety Act; 
19 or
20  3. Three years from the effective date of the statutory 
21 summary suspension
for any person other than a first 
22 offender who refuses or fails to
complete a test or tests 
23 to determine the alcohol, drug, or
intoxicating
compound 
24 concentration
pursuant to Section 11-501.1 of this Code or 
25 Section 5-16c of the Boat Registration and Safety Act; or
26  4. One year from the effective date of the summary 
 
 
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1 suspension imposed
for any person other than a first 
2 offender following submission to a
chemical test which 
3 disclosed an alcohol concentration of 0.08 or
more
pursuant 
4 to Section 11-501.1 of this Code or Section 5-16c of the 
5 Boat Registration and Safety Act or any amount of a drug, 
6 substance or
compound in such person's blood or urine 
7 resulting from the unlawful use or
consumption of cannabis 
8 listed in the Cannabis Control Act, a
controlled
substance 
9 listed in the Illinois Controlled Substances Act, an

10 intoxicating
compound listed in the Use of Intoxicating 
11 Compounds Act, or methamphetamine as listed in the 
12 Methamphetamine Control and Community Protection Act.
13 (b) Following a statutory summary suspension of the 
14privilege to drive a
motor vehicle under Section 11-501.1 of 
15this Code or Section 5-16c of the Boat Registration and Safety 
16Act, driving privileges shall be
restored unless the person is 
17otherwise suspended, revoked, or cancelled by this Code. If
the 
18court has reason to believe that the person's
driving privilege 
19should not be restored, the court shall notify
the Secretary of 
20State prior to the expiration of the statutory summary

21suspension so appropriate action may be taken pursuant to this 
22Code.
23 (c) Driving privileges may not be restored until all 
24applicable
reinstatement fees, as provided by this Code, have 
25been paid to the Secretary
of State and the appropriate entry 
26made to the driver's record.
 
 
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1 (d) Where a driving privilege has been summarily suspended 
2under Section
11-501.1 of this Code or Section 5-16c of the 
3Boat Registration and Safety Act and the person is subsequently 
4convicted of violating Section
11-501 of this Code or Section 
55-16 of the Boat Registration and Safety Act, or a similar 
6provision of a local ordinance, for the same incident,
any 
7period served on statutory summary suspension shall be credited 
8toward
the minimum period of revocation of driving privileges 
9imposed pursuant to
Section 6-205.
10 (e) (Blank).
11 (f) (Blank).
12 (g) Following a statutory summary suspension of driving 
13privileges
pursuant to Section 11-501.1 of this Code or Section 
145-16c of the Boat Registration and Safety Act where the person 
15was not a first offender, as
defined in Section 11-500, the 
16Secretary of State may not issue a
restricted driving permit.
17 (h) (Blank).
18(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, 
19eff. 8-21-08; 96-1526, eff. 2-14-11.)

20 (Text of Section from P.A. 96-1344 and 97-229)
21 Sec. 6-208.1. Period of statutory summary alcohol, other 
22drug,
or intoxicating compound related suspension or 
23revocation.
24 (a) Unless the statutory summary suspension has been 
25rescinded, any
person whose privilege to drive a motor vehicle 
 
 
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1on the public highways has
been summarily suspended, pursuant 
2to Section 11-501.1 of this Code or Section 5-16c of the Boat 
3Registration and Safety Act, shall not be
eligible for 
4restoration of the privilege until the expiration of:
5  1. Twelve months from the effective date of the 
6 statutory summary suspension
for a refusal or failure to 
7 complete a test or tests to determine the
alcohol, drug, or 
8 intoxicating compound concentration, pursuant
to
Section 
9 11-501.1 of this Code or Section 5-16c of the Boat 
10 Registration and Safety Act, if the person was not involved 
11 in a motor vehicle crash that caused personal injury or 
12 death to another; or
13  2. Six months from the effective date of the statutory 
14 summary
suspension imposed following the person's 
15 submission to a chemical test
which disclosed an alcohol 
16 concentration of 0.08 or more, or any
amount
of a
drug, 
17 substance, or intoxicating compound in such person's

18 breath, blood, or
urine resulting
from the unlawful use or 
19 consumption of cannabis listed in the Cannabis
Control Act, 
20 a controlled substance listed in the Illinois
Controlled

21 Substances Act, an intoxicating compound listed in the Use 
22 of Intoxicating
Compounds Act, or methamphetamine as 
23 listed in the Methamphetamine Control and Community 
24 Protection Act, pursuant to Section 11-501.1 of this Code 
25 or Section 5-16c of the Boat Registration and Safety Act; 
26 or
 
 
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1  3. Three years from the effective date of the statutory 
2 summary suspension
for any person other than a first 
3 offender who refuses or fails to
complete a test or tests 
4 to determine the alcohol, drug, or
intoxicating
compound 
5 concentration
pursuant to Section 11-501.1 of this Code or 
6 Section 5-16c of the Boat Registration and Safety Act; or
7  4. One year from the effective date of the summary 
8 suspension imposed
for any person other than a first 
9 offender following submission to a
chemical test which 
10 disclosed an alcohol concentration of 0.08 or
more
pursuant 
11 to Section 11-501.1 of this Code or Section 5-16c of the 
12 Boat Registration and Safety Act or any amount of a drug, 
13 substance or
compound in such person's blood or urine 
14 resulting from the unlawful use or
consumption of cannabis 
15 listed in the Cannabis Control Act, a
controlled
substance 
16 listed in the Illinois Controlled Substances Act, an

17 intoxicating
compound listed in the Use of Intoxicating 
18 Compounds Act, or methamphetamine as listed in the 
19 Methamphetamine Control and Community Protection Act.
20 (a-1) Unless the statutory summary revocation has been 
21rescinded, any person whose privilege to drive has been 
22summarily revoked pursuant to Section 11-501.1 of this Code or 
23Section 5-16c of the Boat Registration and Safety Act may not 
24make application for a license or permit until the expiration 
25of one year from the effective date of the summary revocation. 
26 (b) Following a statutory summary suspension of the 
 
 
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1privilege to drive a
motor vehicle under Section 11-501.1 of 
2this Code or Section 5-16c of the Boat Registration and Safety 
3Act, driving privileges shall be
restored unless the person is 
4otherwise suspended, revoked, or cancelled by this Code. If
the 
5court has reason to believe that the person's
driving privilege 
6should not be restored, the court shall notify
the Secretary of 
7State prior to the expiration of the statutory summary

8suspension so appropriate action may be taken pursuant to this 
9Code.
10 (c) Driving privileges may not be restored until all 
11applicable
reinstatement fees, as provided by this Code, have 
12been paid to the Secretary
of State and the appropriate entry 
13made to the driver's record.
14 (d) Where a driving privilege has been summarily suspended 
15or revoked under Section
11-501.1 of this Code or Section 5-16c 
16of the Boat Registration and Safety Act and the person is 
17subsequently convicted of violating Section
11-501 of this Code 
18or Section 5-16 of the Boat Registration and Safety Act, or a 
19similar provision of a local ordinance, for the same incident,

20any period served on statutory summary suspension or revocation 
21shall be credited toward
the minimum period of revocation of 
22driving privileges imposed pursuant to
Section 6-205.
23 (e) Following a statutory summary suspension of driving 
24privileges
pursuant to Section 11-501.1 of this Code or Section 
255-16c of the Boat Registration and Safety Act, for a first 
26offender, the circuit court shall, unless the offender has 
 
 
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1opted in writing not to have a monitoring device driving permit 
2issued, order the Secretary of State to issue a monitoring 
3device driving permit as provided in Section 6-206.1. A 
4monitoring device driving permit shall not be effective prior 
5to the 31st day of the statutory summary suspension. A first 
6offender who refused chemical testing and whose driving 
7privileges were summarily revoked pursuant to Section 11-501.1 
8of this Code or Section 5-16c of the Boat Registration and 
9Safety Act shall not be eligible for a monitoring device 
10driving permit, but may make application for reinstatement or 
11for a restricted driving permit after a period of one year has 
12elapsed from the effective date of the revocation. 
13 (f) (Blank).
14 (g) Following a statutory summary suspension of driving 
15privileges
pursuant to Section 11-501.1 of this Code or Section 
165-16c of the Boat Registration and Safety Act where the person 
17was not a first offender, as
defined in Section 11-500, the 
18Secretary of State may not issue a
restricted driving permit.
19 (h) (Blank).
20(Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11.)

21 Section 10. The Boat Registration and Safety Act is amended 
22by adding Section 5-16c as follows:

23 (625 ILCS 45/5-16c new)
24 Sec. 5-16c. Operator involvement in personal injury or 
 
 
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1fatal boating accident; chemical tests.
2 (a) Any person who operates or is in actual physical 
3control of a watercraft within this State and who has been 
4involved in a personal injury or fatal boating accident, shall 
5be deemed to have given consent to a breath test using a 
6portable device as approved by the Department of State Police 
7or to a chemical test or tests of blood, breath, or urine for 
8the purpose of determining the content of alcohol, other drug 
9or drugs, or intoxicating compound or compounds of the person's 
10blood if arrested as evidenced by the issuance of a uniform 
11citation for a violation of the Boat Registration and Safety 
12Act or a similar provision of a local ordinance, with the 
13exception of equipment violations contained in Article IV of 
14this Act, or similar provisions of local ordinances. The test 
15or tests shall be administered at the direction of the 
16arresting officer. The law enforcement agency employing the 
17officer shall designate which of the aforesaid tests shall be 
18administered. A urine test may be administered even after a 
19blood or breath test or both has been administered. Compliance 
20with this Section does not relieve the person from the 
21requirements of any other Section of this Act.
22 (b) Any person who is dead, unconscious, or who is 
23otherwise in a
condition rendering that person incapable of 
24refusal shall be deemed not to
have withdrawn the consent 
25provided by subsection (a) of this Section. In
addition, if an 
26operator of a watercraft is receiving medical treatment as a

 
 
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1result of a boating accident, any physician licensed to 
2practice
medicine, licensed physician assistant, licensed 
3advanced practice nurse, registered nurse, or a phlebotomist 
4acting under the direction of
a licensed physician shall 
5withdraw blood for testing purposes to ascertain
the presence 
6of alcohol, other drug or drugs, or intoxicating
compound or 
7compounds, upon the specific request of a law
enforcement 
8officer. However, this testing shall not be performed until, in

9the opinion of the medical personnel on scene, the withdrawal 
10can be made
without interfering with or endangering the 
11well-being of the patient.
12 (c) A person requested to submit to a test under subsection 
13(a) of this Section shall be
warned by the law enforcement 
14officer requesting the test that a refusal to
submit to the 
15test, or submission to the test resulting in an alcohol

16concentration of 0.08 or more, or any amount of a drug, 
17substance,
or intoxicating compound
resulting from the 
18unlawful use or consumption of cannabis, as covered by the

19Cannabis Control Act, a controlled substance listed in the 
20Illinois
Controlled Substances Act, an intoxicating compound 
21listed in the Use of
Intoxicating Compounds Act, or 
22methamphetamine as listed in the Methamphetamine Control and 
23Community Protection Act as detected in the person's blood or 
24urine, may
result in the suspension of the person's privilege 
25to operate a motor vehicle and may result in the 
26disqualification of the person's privilege to operate a 
 
 
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1commercial motor vehicle, as provided in Section 6-514 of the 
2Illinois Vehicle Code, if the person is a CDL holder.
The 
3length of the suspension shall be the same as outlined in 
4Section
6-208.1 of the Illinois Vehicle Code regarding 
5statutory summary suspensions.
6 (d) If the person refuses testing or submits to a test 
7which discloses
an alcohol concentration of 0.08 or more, or 
8any amount of a drug,
substance,
or intoxicating compound in 
9the person's blood or urine resulting from the
unlawful use or

10consumption of cannabis listed in the Cannabis Control Act, a 
11controlled
substance listed in the Illinois Controlled 
12Substances Act, an
intoxicating
compound listed in the Use of 
13Intoxicating Compounds Act, or methamphetamine as listed in the 
14Methamphetamine Control and Community Protection Act, the law

15enforcement officer shall immediately submit a sworn report to 
16the Secretary of
State on a form prescribed by the Secretary of 
17State, certifying that the test or tests
were requested under 
18subsection (a) of this Section and the person refused to submit 
19to a
test or tests or submitted to testing which disclosed an 
20alcohol concentration
of 0.08 or more, or any amount of a drug, 
21substance, or intoxicating
compound
in the
person's blood or 
22urine, resulting from the unlawful use or consumption of

23cannabis listed in the Cannabis Control Act, a controlled 
24substance
listed in
the Illinois Controlled Substances Act,
an 
25intoxicating compound listed in
the Use of Intoxicating 
26Compounds Act, or methamphetamine as listed in the 
 
 
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1Methamphetamine Control and Community Protection Act.
2 Upon receipt of the sworn report of a law enforcement 
3officer, the
Secretary of State shall enter the suspension and 
4disqualification to the person's driving record and the

5suspension and disqualification shall be effective on the 46th 
6day following the date notice of the
suspension was given to 
7the person.
8 The law enforcement officer submitting the sworn report 
9shall serve immediate
notice of this suspension on the person 
10and this suspension and disqualification shall be effective
on 
11the 46th day following the date notice was given.
12 In cases where the blood alcohol concentration of 0.08 or 
13more,
or any amount
of a drug, substance, or intoxicating 
14compound resulting from the unlawful
use or
consumption of 
15cannabis as listed in the Cannabis Control Act, a
controlled

16substance listed in the Illinois Controlled Substances Act,
an

17intoxicating
compound listed in the Use of Intoxicating 
18Compounds Act, or methamphetamine as listed in the 
19Methamphetamine Control and Community Protection Act, is 
20established by a
subsequent analysis of blood or urine 
21collected at the time of arrest, the
arresting officer shall 
22give notice as provided in this Section or by deposit
in the 
23United States mail of this notice in an envelope with postage 
24prepaid
and addressed to the person at his or her address as 
25shown on the uniform citation and the suspension and 
26disqualification shall be effective on the 46th day following 
 
 
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1the date
notice was given.
2 Upon receipt of the sworn report of a law enforcement 
3officer, the Secretary of State
shall also give notice of the 
4suspension and disqualification to the person by mailing a 
5notice of
the effective date of the suspension and 
6disqualification to the person. However, should the
sworn 
7report be defective by not containing sufficient information or 
8be
completed in error, the notice of the suspension and 
9disqualification shall not be mailed to the
person or entered 
10to the driving record, but rather the sworn report shall be

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

13driving privileges and disqualification of his or her CDL 
14privileges by
requesting an administrative hearing with the 
15Secretary of State in accordance with
Section 2-118 of the 
16Illinois Vehicle Code. At the conclusion of a hearing held 
17under
Section 2-118 of the Illinois Vehicle Code, the Secretary 
18of State may rescind, continue, or modify the
orders
of 
19suspension and disqualification. If the Secretary of State does 
20not rescind the orders of suspension and disqualification, a 
21restricted
driving permit may be granted by the Secretary of 
22State upon application being made and
good cause shown. A 
23restricted driving permit may be granted to relieve undue

24hardship to allow driving for employment, educational, and 
25medical purposes as
outlined in Section 6-206 of the Illinois 
26Vehicle Code. The provisions of Section 6-206 of
the Illinois 
 
 
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1Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the 
2Secretary of State may not issue a restricted driving permit 
3for the operation of a commercial motor vehicle to a person 
4holding a CDL whose driving privileges have been suspended, 
5revoked, cancelled, or disqualified.
6 (f) For the purposes of this Section, a personal injury 
7shall include
any type A injury as indicated on the accident 
8report completed
by a law enforcement officer that requires 
9immediate professional attention
in a doctor's office or a 
10medical facility. A type A injury shall
include severely 
11bleeding wounds, distorted extremities, and injuries that

12require the injured party to be carried from the scene.".