SB 3732 — VEH CD-DUI TEST REFUSAL-REVOKE
Last action — Public Act . . . . . . . . . 96-1344
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 11, 2010. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
0 primary, 3 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning certificates of title.
Bill Text
What changed in the latest version
93 added · 93 removedPlain-language change summary
The updated version of SB 3732 includes a new section that specifically addresses the automatic revocation of driving privileges for individuals who refuse or fail to complete chemical tests following an arrest for driving under the influence. This change clarifies the process for reinstating driving privileges after the revocation period, requiring an administrative hearing, proof of financial responsibility, and completion of necessary examinations. This matters because it strengthens the consequences for refusing to take a chemical test and aims to enhance road safety by ensuring that only individuals who meet specific conditions can regain their driving rights.
SB3732 EngrossedEnrolled LRB096 20624 AJT 36335 b AN ACT concerning transportation.
The basis for this revocation of driving privileges shall be the individual's refusal to submit to or failure to complete a chemical test or tests following an arrest for the offense of driving under the influence of alcohol, other drugs, or intoxicating compounds, or any combination thereof involving a motor vehicle accident SB3732 EngrossedEnrolled - 2 - LRB096 20624 AJT 36335 b that caused personal injury or death to another, as provided in Section 11-501.1 of this Code.
This judicial hearing, request, or process shall not stay or delay the statutory summary SB3732 EngrossedEnrolled - 3 - LRB096 20624 AJT 36335 b suspension or revocation.
or SB3732 EngrossedEnrolled - 4 - LRB096 20624 AJT 36335 b 4.
1-1-08.) (625 ILCS 5/6-106.1a) SB3732 EngrossedEnrolled - 5 - LRB096 20624 AJT 36335 b Sec.
(b) A person who is dead, unconscious, or who is otherwise SB3732 EngrossedEnrolled - 6 - LRB096 20624 AJT 36335 b in a condition rendering that person incapable of refusal, shall be deemed not to have withdrawn the consent provided by paragraph (a) of this Section and the test or tests may be administered subject to the following provisions:
SB3732 EngrossedEnrolled - 7 - LRB096 20624 AJT 36335 b (3) The person tested may have a physician, qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any test or tests administered at the direction of a law enforcement officer.
(6) If a driver is receiving medical treatment as a result of a motor vehicle accident, a physician licensed to practice medicine, registered nurse, or other qualified person trained in venipuncture and acting under the direction of a licensed physician shall withdraw blood for testing purposes to ascertain the presence of alcohol upon SB3732 EngrossedEnrolled - 8 - LRB096 20624 AJT 36335 b the specific request of a law enforcement officer.
The law enforcement officer shall submit the same sworn report when a person who has been issued a school bus driver permit and who was operating a school bus or any other vehicle owned or operated by or for a public or private school, or a school operated by a religious SB3732 EngrossedEnrolled - 9 - LRB096 20624 AJT 36335 b institution, when the vehicle is being used over a regularly scheduled route for the transportation of persons enrolled as students in grade 12 or below, in connection with any activity of the entities listed, submits to testing under Section 11-501.1 of this Code and the testing discloses an alcohol concentration of more than 0.00 and less than the alcohol concentration at which driving or being in actual physical control of a motor vehicle is prohibited under paragraph (1) of subsection (a) of Section 11-501.
SB3732 EngrossedEnrolled - 10 - LRB096 20624 AJT 36335 b Upon receipt of the sworn report of a law enforcement officer, the Secretary of State shall also give notice of the school bus driver permit sanction to the driver and the driver's current employer by mailing a notice of the effective date of the sanction to the individual.
(1) whether the police officer had probable cause to SB3732 EngrossedEnrolled - 11 - LRB096 20624 AJT 36335 b believe that the person was driving or in actual physical control of a school bus or any other vehicle owned or operated by or for a public or private school, or a school operated by a religious institution, when the vehicle is being used over a regularly scheduled route for the transportation of persons enrolled as students in grade 12 or below, in connection with any activity of the entities listed, upon the public highways of the State and the police officer had reason to believe that the person was in violation of any provision of this Code or a similar provision of a local ordinance;
and (5) whether the person, after being advised by the SB3732 EngrossedEnrolled - 12 - LRB096 20624 AJT 36335 b officer that the privileges to possess a school bus driver permit would be canceled if the person submits to a chemical test or tests and the test or tests disclose an alcohol concentration of more than 0.00 and the person did submit to and complete the test or tests that determined an alcohol concentration of more than 0.00;
SB3732 EngrossedEnrolled - 13 - LRB096 20624 AJT 36335 b (f) The results of any chemical testing performed in accordance with subsection (a) of this Section are not admissible in any civil or criminal proceeding, except that the results of the testing may be considered at a hearing held under Section 2-118 of this Code.
SB3732 EngrossedEnrolled - 14 - LRB096 20624 AJT 36335 b (Source:
20 Instruction permit issued to any person holding an Illinois driver's license SB3732 EngrossedEnrolled - 15 - LRB096 20624 AJT 36335 b who wishes a change in classifications, other than at the time of renewal ..................
$6 for the CDLIS/AAMVAnet Fund (Commercial Driver's License Information System/American Association of Motor Vehicle SB3732 EngrossedEnrolled - 16 - LRB096 20624 AJT 36335 b Administrators network Trust Fund);
$5 In order to ensure the proper implementation of the Uniform Commercial Driver License Act, Article V of this Chapter, the SB3732 EngrossedEnrolled - 17 - LRB096 20624 AJT 36335 b Secretary of State is empowered to pro-rate the $24 fee for the commercial driver's license proportionate to the expiration date of the applicant's Illinois driver's license.
$500 However, any person whose license or privilege to operate a motor vehicle in this State has been suspended or revoked for a second or subsequent time for a violation of Section 11-501 or 11-501.1 of this Code or a similar provision of a local SB3732 EngrossedEnrolled - 18 - LRB096 20624 AJT 36335 b ordinance or a similar out-of-state offense or Section 9-3 of the Criminal Code of 1961 and each suspension or revocation was for a violation of Section 11-501 or 11-501.1 of this Code or a similar provision of a local ordinance or a similar out-of-state offense or Section 9-3 of the Criminal Code of 1961 shall pay, in addition to any other fees required by this Code, a reinstatement fee as follows:
$30 of the $250 fee for reinstatement of a license SB3732 EngrossedEnrolled - 19 - LRB096 20624 AJT 36335 b summarily suspended under Section 11-501.1 shall be deposited into the Drunk and Drugged Driving Prevention Fund.
$20 of any original or renewal fee for a commercial SB3732 EngrossedEnrolled - 20 - LRB096 20624 AJT 36335 b driver's license or commercial driver instruction permit shall be paid into the Motor Carrier Safety Inspection Fund.
(a) Except as provided in this Section, the Secretary of SB3732 EngrossedEnrolled - 21 - LRB096 20624 AJT 36335 b State shall immediately revoke the license, permit, or driving privileges of any driver upon receiving a report of the driver's conviction of any of the following offenses:
SB3732 EngrossedEnrolled - 22 - LRB096 20624 AJT 36335 b 8.
(b) The Secretary of State shall also immediately revoke SB3732 EngrossedEnrolled - 23 - LRB096 20624 AJT 36335 b the license or permit of any driver in the following situations:
(c)(1) Except as provided in subsection (c-5), whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in SB3732 EngrossedEnrolled - 24 - LRB096 20624 AJT 36335 b his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of the petitioner's employment related duties, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to a medical facility for the receipt of necessary medical care or to allow the petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational institution, or to allow the petitioner to transport children living in the petitioner's household to and from daycare;
SB3732 EngrossedEnrolled - 25 - LRB096 20624 AJT 36335 b (2) If a person's license or permit is revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
SB3732 EngrossedEnrolled - 26 - LRB096 20624 AJT 36335 b arising out of separate occurrences;
(6) In each case the Secretary of State may issue a restricted driving permit for a period he deems SB3732 EngrossedEnrolled - 27 - LRB096 20624 AJT 36335 b appropriate, except that the permit shall expire within one year from the date of issuance.
SB3732 EngrossedEnrolled - 28 - LRB096 20624 AJT 36335 b However, if an individual's driving privileges have been revoked in accordance with paragraph 13 of subsection (a) of this Section, no restricted driving permit shall be issued until the individual has served 6 months of the revocation period.
(d)(1) Whenever a person under the age of 21 is convicted under Section 11-501 of this Code or a similar provision of a SB3732 EngrossedEnrolled - 29 - LRB096 20624 AJT 36335 b local ordinance or a similar out-of-state offense, the Secretary of State shall revoke the driving privileges of that person.
(2) If a person's license or permit is revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an SB3732 EngrossedEnrolled - 30 - LRB096 20624 AJT 36335 b ignition interlock device as defined in Section 1-129.1.
(5) If the restricted driving permit is issued for employment purposes, then the prohibition against driving a vehicle that is not equipped with an ignition interlock SB3732 EngrossedEnrolled - 31 - LRB096 20624 AJT 36335 b device does not apply to the operation of an occupational vehicle owned or leased by that person's employer when used solely for employment purposes.
(f) Any revocation imposed upon any person under subsections 2 and 3 of paragraph (b) that is in effect on December 31, 1988 shall be converted to a suspension for a like SB3732 EngrossedEnrolled - 32 - LRB096 20624 AJT 36335 b period of time.
8-24-09.) SB3732 EngrossedEnrolled - 33 - LRB096 20624 AJT 36335 b (625 ILCS 5/6-206) (from Ch.
Has by the unlawful operation of a motor vehicle caused or contributed to an accident resulting in death or injury requiring immediate professional treatment in a SB3732 EngrossedEnrolled - 34 - LRB096 20624 AJT 36335 b medical facility or doctor's office to any person, except that any suspension or revocation imposed by the Secretary of State under the provisions of this subsection shall start no later than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, which violation is related to the accident, or shall start not more than one year after the date of the accident, whichever date occurs later;
SB3732 EngrossedEnrolled - 35 - LRB096 20624 AJT 36335 b 11.
Has refused to submit to a test, or tests, as SB3732 EngrossedEnrolled - 36 - LRB096 20624 AJT 36335 b required under Section 11-501.1 of this Code and the person has not sought a hearing as provided for in Section 11-501.1;
Has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the SB3732 EngrossedEnrolled - 37 - LRB096 20624 AJT 36335 b United States at a military installation in Illinois of or for a traffic related offense that is the same as or similar to an offense specified under Section 6-205 or 6-206 of this Code;
Has been convicted of the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act, in which case the person's driving privileges shall be suspended for one year, and any driver who is convicted of a second or subsequent offense, within 5 years of a previous conviction, for the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the SB3732 EngrossedEnrolled - 38 - LRB096 20624 AJT 36335 b Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act shall be suspended for 5 years.
Has refused to submit to a test as required by SB3732 EngrossedEnrolled - 39 - LRB096 20624 AJT 36335 b Section 11-501.6 or has submitted to a test resulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance as listed in the Illinois Controlled Substances Act, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, in which case the penalty shall be as prescribed in Section 6-208.1;
Is under the age of 21 years at the time of arrest and has been convicted of not less than 2 offenses against traffic regulations governing the movement of vehicles SB3732 EngrossedEnrolled - 40 - LRB096 20624 AJT 36335 b committed within any 24 month period.
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Is under the age of 21 years at the time of arrest and has been convicted of an offense against traffic SB3732 EngrossedEnrolled - 41 - LRB096 20624 AJT 36335 b regulations governing the movement of vehicles after having previously had his or her driving privileges suspended or revoked pursuant to subparagraph 36 of this Section;
If the conviction is affirmed on appeal, the date of the conviction shall relate back to the time the original judgment of conviction was entered and the 6 SB3732 EngrossedEnrolled - 42 - LRB096 20624 AJT 36335 b month limitation prescribed shall not apply.
Upon receipt of a properly completed affidavit, the Secretary of State shall issue the driver a SB3732 EngrossedEnrolled - 43 - LRB096 20624 AJT 36335 b permit to operate a vehicle in connection with the driver's regular occupation only.
If the Secretary of State does not rescind the order, the Secretary may upon application, to relieve undue hardship (as defined by the rules of the Secretary of State), issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of SB3732 EngrossedEnrolled - 44 - LRB096 20624 AJT 36335 b employment or within the scope of the petitioner's employment related duties, or to allow the petitioner to transport himself or herself, or a family member of the petitioner's household to a medical facility, to receive necessary medical care, to allow the petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational institution, or to allow the petitioner to transport children living in the petitioner's household to and from daycare.
(A) If a person's license or permit is revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a SB3732 EngrossedEnrolled - 45 - LRB096 20624 AJT 36335 b combination of these offenses, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
The Secretary shall SB3732 EngrossedEnrolled - 46 - LRB096 20624 AJT 36335 b establish by rule the amount and the procedures, terms, and conditions relating to these fees.
A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the SB3732 EngrossedEnrolled - 47 - LRB096 20624 AJT 36335 b Secretary of State in like manner and for like cause as a driver's license issued under this Code may be cancelled, revoked, or suspended;
Department of Transportation, and the affected driver or motor carrier or prospective motor carrier upon SB3732 EngrossedEnrolled - 48 - LRB096 20624 AJT 36335 b request.
95-848, SB3732 EngrossedEnrolled - 49 - LRB096 20624 AJT 36335 b eff.
Six months from the effective date of the statutory summary suspension imposed following the person's submission to a chemical test which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled SB3732 EngrossedEnrolled - 50 - LRB096 20624 AJT 36335 b Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, pursuant to Section 11-501.1;
SB3732 EngrossedEnrolled - 51 - LRB096 20624 AJT 36335 b (b) Following a statutory summary suspension of the privilege to drive a motor vehicle under Section 11-501.1, driving privileges shall be restored unless the person is otherwise suspended, revoked, or cancelled by this Code.
A monitoring SB3732 EngrossedEnrolled - 52 - LRB096 20624 AJT 36335 b device driving permit shall not be effective prior to the 31st day of the statutory summary suspension.
(a) Except as otherwise provided in subsection (a-5), any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person's driver's license, permit or privilege to do so or the privilege to obtain a driver's license or permit is revoked or suspended as provided by this Code or the law of another state, except as may be specifically allowed by a judicial driving permit issued prior to January 1, 2009, monitoring device SB3732 EngrossedEnrolled - 53 - LRB096 20624 AJT 36335 b driving permit, family financial responsibility driving permit, probationary license to drive, or a restricted driving permit issued pursuant to this Code or under the law of another state, shall be guilty of a Class A misdemeanor.
(b-1) Upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle during the time when the person's driver's license, permit or privilege was suspended by the Secretary of State or the driver's licensing administrator of another state, except as specifically allowed by a probationary license, judicial driving permit, restricted driving permit or monitoring device driving permit the Secretary shall extend the suspension for the same period of time as the originally imposed suspension unless the suspension has already expired, in which case the SB3732 EngrossedEnrolled - 54 - LRB096 20624 AJT 36335 b Secretary shall be authorized to suspend the person's driving privileges for the same period of time as the originally imposed suspension.
(b-5) Any person convicted of violating this Section shall serve a minimum term of imprisonment of 30 consecutive days or 300 hours of community service when the person's driving SB3732 EngrossedEnrolled - 55 - LRB096 20624 AJT 36335 b privilege was revoked or suspended as a result of a violation of Section 9-3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide, or a similar provision of a law of another state.
or SB3732 EngrossedEnrolled - 56 - LRB096 20624 AJT 36335 b (3) a statutory summary suspension or revocation under Section 11-501.1 of this Code.
SB3732 EngrossedEnrolled - 57 - LRB096 20624 AJT 36335 b (c-5) Any person convicted of a second violation of this Section is guilty of a Class 2 felony, is not eligible for probation or conditional discharge, and shall serve a mandatory term of imprisonment, if the revocation or suspension was for a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense.
(d-2) Any person convicted of a third violation of this Section is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 30 days if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, or a statutory summary suspension or SB3732 EngrossedEnrolled - 58 - LRB096 20624 AJT 36335 b revocation under Section 11-501.1 of this Code.
(d-4) Any person convicted of a tenth, eleventh, twelfth, SB3732 EngrossedEnrolled - 59 - LRB096 20624 AJT 36335 b thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code.
SB3732 EngrossedEnrolled - 60 - LRB096 20624 AJT 36335 b (g) The motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 1961 if the person's driving privilege was revoked or suspended as a result of a violation listed in paragraph (1) or (2) of subsection (c) of this Section, as a result of a summary suspension or revocation as provided in paragraph (3) of subsection (c) of this Section, or as a result of a violation of Section 9-3 of the Criminal Code of 1961 relating to the offense of reckless homicide.
or notification that a CDL disqualification is forthcoming, the SB3732 EngrossedEnrolled - 61 - LRB096 20624 AJT 36335 b person may make a written petition in a form, approved by the Secretary of State, for a CDL hearing with the Secretary if the stop or arrest occurred in a commercial motor vehicle.
Whether the person was verbally warned of the ensuing consequences prior to submitting to any type of chemical test or tests to determine such person's blood SB3732 EngrossedEnrolled - 62 - LRB096 20624 AJT 36335 b concentration of alcohol, other drug, or both;
SB3732 EngrossedEnrolled - 63 - LRB096 20624 AJT 36335 b (d) The scope of a CDL hearing for any out-of-service sanction, imposed pursuant to Section 6-515, shall be limited to the following issues:
Whether, after being so warned, the person did refuse to submit to or failed to complete such chemical test or tests or did submit to such test or tests and such test or tests disclosed an alcohol concentration greater than 0.00 or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine SB3732 EngrossedEnrolled - 64 - LRB096 20624 AJT 36335 b Control and Community Protection Act.
(h) The CDL hearing may be conducted upon a review of the SB3732 EngrossedEnrolled - 65 - LRB096 20624 AJT 36335 b police officer's own official reports;
(b) Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting SB3732 EngrossedEnrolled - 66 - LRB096 20624 AJT 36335 b at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred.
SB3732 EngrossedEnrolled - 67 - LRB096 20624 AJT 36335 b (d) Any person failing to comply with paragraph (b) is guilty of a Class 2 felony if the motor vehicle accident does not result in the death of any person.
For the purposes of interpreting Sections 6-206.1 and 6-208.1 of this Code, "first offender" shall mean any person who has not had a previous conviction or court assigned supervision for violating Section 11-501, or a similar provision of a local ordinance, or a conviction in any other state for a violation of driving while under the influence or a similar offense where the cause of action is the same or substantially similar to this Code or similar offenses committed on a military installation, or any person who has not had a driver's license suspension pursuant to paragraph 6 of subsection (a) of Section 6-206 as the result of refusal of chemical testing in another state, or any person who has not had a driver's license suspension or revocation for violating Section 11-501.1 within 5 years prior to the date of the current offense, except in cases where the driver submitted to SB3732 EngrossedEnrolled - 68 - LRB096 20624 AJT 36335 b chemical testing resulting in an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or compound in such person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act and was subsequently found not guilty of violating Section 11-501, or a similar provision of a local ordinance.
(a) Any person who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent, subject to the provisions of Section 11-501.2, to a chemical test or tests of blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof in the person's blood if arrested, as evidenced by the issuance of a Uniform Traffic Ticket, for any offense as defined in Section 11-501 or a similar provision of SB3732 EngrossedEnrolled - 69 - LRB096 20624 AJT 36335 b a local ordinance, or if arrested for violating Section 11-401.
(b) Any person who is dead, unconscious, or who is SB3732 EngrossedEnrolled - 70 - LRB096 20624 AJT 36335 b otherwise in a condition rendering the person incapable of refusal, shall be deemed not to have withdrawn the consent provided by paragraph (a) of this Section and the test or tests may be administered, subject to the provisions of Section 11-501.2.
The person shall also be warned by the law enforcement officer that if the person submits to the test or tests provided in paragraph (a) of this Section and the alcohol concentration in the person's blood or breath is 0.08 or greater, or any amount of a drug, substance, or compound SB3732 EngrossedEnrolled - 71 - LRB096 20624 AJT 36335 b resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's blood or urine, a statutory summary suspension of the person's privilege to operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of this Code, and a disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder, will be imposed.
The results of this test shall be admissible in a civil or criminal action or proceeding arising from an arrest for an offense as defined in Section 11-501 of this Code or a similar provision of a local ordinance SB3732 EngrossedEnrolled - 72 - LRB096 20624 AJT 36335 b or pursuant to Section 11-501.4 in prosecutions for reckless homicide brought under the Criminal Code of 1961.
SB3732 EngrossedEnrolled - 73 - LRB096 20624 AJT 36335 b If the person is a first offender as defined in Section 11-500 of this Code, and is not convicted of a violation of Section 11-501 of this Code or a similar provision of a local ordinance, then reports received by the Secretary of State under this Section shall, except during the actual time the Statutory Summary Suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities or the Secretary of State.
In cases where the blood alcohol concentration of 0.08 or greater or any amount of a drug, substance, or compound resulting from the unlawful use SB3732 EngrossedEnrolled - 74 - LRB096 20624 AJT 36335 b or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is established by a subsequent analysis of blood or urine collected at the time of arrest, the arresting officer or arresting agency shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his address as shown on the Uniform Traffic Ticket and the statutory summary suspension and disqualification shall begin as provided in paragraph (g).
(h) The following procedure shall apply whenever a person SB3732 EngrossedEnrolled - 75 - LRB096 20624 AJT 36335 b is arrested for any offense as defined in Section 11-501 or a similar provision of a local ordinance:
11-501.6) SB3732 EngrossedEnrolled - 76 - LRB096 20624 AJT 36335 b Sec.
A urine test may be administered even after a blood or breath test or both has been SB3732 EngrossedEnrolled - 77 - LRB096 20624 AJT 36335 b administered.
(c) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test, or submission to the test resulting in an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis, as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating SB3732 EngrossedEnrolled - 78 - LRB096 20624 AJT 36335 b Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in such person's blood or urine, may result in the suspension of such person's privilege to operate a motor vehicle and may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder.
(d) If the person refuses testing or submits to a test which discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to the Secretary of State on a form prescribed by the Secretary, certifying that the test or tests were requested pursuant to subsection (a) and the person refused to submit to a test or tests or submitted to testing which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person's blood or SB3732 EngrossedEnrolled - 79 - LRB096 20624 AJT 36335 b urine, resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
In cases where the blood alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a subsequent analysis of blood or urine collected at the time of arrest, the arresting officer shall SB3732 EngrossedEnrolled - 80 - LRB096 20624 AJT 36335 b give notice as provided in this Section or by deposit in the United States mail of such notice in an envelope with postage prepaid and addressed to such person at his address as shown on the Uniform Traffic Ticket and the suspension and disqualification shall be effective on the 46th day following the date notice was given.
A restricted SB3732 EngrossedEnrolled - 81 - LRB096 20624 AJT 36335 b driving permit may be granted to relieve undue hardship to allow driving for employment, educational, and medical purposes as outlined in Section 6-206 of this Code.
(a) A person who is less than 21 years of age and who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent to a chemical test or tests of blood, breath, or urine SB3732 EngrossedEnrolled - 82 - LRB096 20624 AJT 36335 b for the purpose of determining the alcohol content of the person's blood if arrested, as evidenced by the issuance of a Uniform Traffic Ticket for any violation of the Illinois Vehicle Code or a similar provision of a local ordinance, if a police officer has probable cause to believe that the driver has consumed any amount of an alcoholic beverage based upon evidence of the driver's physical condition or other first hand knowledge of the police officer.
The Director of State Police is authorized to approve satisfactory techniques or methods, to ascertain the SB3732 EngrossedEnrolled - 83 - LRB096 20624 AJT 36335 b qualifications and competence of individuals to conduct analyses, to issue permits that shall be subject to termination or revocation at the direction of that Department, and to certify the accuracy of breath testing equipment.
(iv) Upon a request of the person who submits to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or that person's SB3732 EngrossedEnrolled - 84 - LRB096 20624 AJT 36335 b attorney.
(d) If the person refuses testing or submits to a test that SB3732 EngrossedEnrolled - 85 - LRB096 20624 AJT 36335 b discloses an alcohol concentration of more than 0.00, the law enforcement officer shall immediately submit a sworn report to the Secretary of State on a form prescribed by the Secretary of State, certifying that the test or tests were requested under subsection (a) and the person refused to submit to a test or tests or submitted to testing which disclosed an alcohol concentration of more than 0.00.
Department of Transportation, and the SB3732 EngrossedEnrolled - 86 - LRB096 20624 AJT 36335 b affected driver or motor carrier or prospective motor carrier upon request.
However, should the sworn report be defective by not containing sufficient information or be completed in error, the notice of the suspension and disqualification shall not be mailed to the person or entered SB3732 EngrossedEnrolled - 87 - LRB096 20624 AJT 36335 b to the driving record, but rather the sworn report shall be returned to the issuing law enforcement agency.
and SB3732 EngrossedEnrolled - 88 - LRB096 20624 AJT 36335 b (3) whether the police officer had probable cause to believe that the driver had consumed any amount of an alcoholic beverage based upon the driver's physical actions or other first-hand knowledge of the police officer;
SB3732 EngrossedEnrolled - 89 - LRB096 20624 AJT 36335 b At the conclusion of the hearing held under Section 2-118 of this Code, the Secretary of State may rescind, continue, or modify the suspension and disqualification.
A law enforcement officer may, however, pursue a statutory summary suspension or revocation of driving privileges under Section 11-501.1 of this SB3732 EngrossedEnrolled - 90 - LRB096 20624 AJT 36335 b Code if other physical evidence or first hand knowledge forms the basis of that suspension or revocation.
(a) In any criminal prosecution for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, SB3732 EngrossedEnrolled - 91 - LRB096 20624 AJT 36335 b or the Methamphetamine Control and Community Protection Act, a laboratory report from the Department of State Police, Division of Forensic Services, that is signed and sworn to by the person performing an analysis and that states (1) that the substance that is the basis of the alleged violation has been weighed and analyzed, and (2) the person's findings as to the contents, weight and identity of the substance, and (3) that it contains any amount of a controlled substance or cannabis is prima facie evidence of the contents, identity and weight of the substance.
(a-5) In any criminal prosecution for reckless homicide under Section 9-3 of the Criminal Code of 1961 or driving under the influence of alcohol, other drug, or combination of both, in violation of Section 11-501 of the Illinois Vehicle Code or in any civil action held under a statutory summary suspension SB3732 EngrossedEnrolled - 92 - LRB096 20624 AJT 36335 b or revocation hearing under Section 2-118.1 of the Illinois Vehicle Code, a laboratory report from the Department of State Police, Division of Forensic Services, that is signed and sworn to by the person performing an analysis, and that states that the sample of blood or urine was tested for alcohol or drugs, and contains the person's findings as to the presence and amount of alcohol or drugs and type of drug is prima facie evidence of the presence, content, and amount of the alcohol or drugs analyzed in the blood or urine.
SB3732 EngrossedEnrolled - 93 - LRB096 20624 AJT 36335 b (c) The report shall not be prima facie evidence if the accused or his or her attorney demands the testimony of the person signing the report by serving the demand upon the State's Attorney within 7 days from the accused or his or her attorney's receipt of the report.
Show all 93 changed rows (53 more)
Action History
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Public Act . . . . . . . . . 96-1344
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Effective Date July 1, 2011
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Short Debate - Passed 072-037-002
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Added Alternate Co-Sponsor Rep. Jack D. Franks
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Added Alternate Co-Sponsor Rep. Linda Chapa LaVia
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Vehicles & Safety Committee; 005-002-000
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Remains in Vehicles & Safety Committee
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Motion Do Pass - Lost Vehicles & Safety Committee; 003-002-001
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Assigned to Vehicles & Safety Committee
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Referred to Rules Committee
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First Reading
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Placed on Calendar Order of First Reading
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Chief House Sponsor Rep. Deborah Mell
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Arrived in House
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Senate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
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Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
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Third Reading - Passed; 053-002-000
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Placed on Calendar Order of 3rd Reading March 18, 2010
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Senate Floor Amendment No. 4 Adopted; Crotty
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Second Reading
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Senate Floor Amendment No. 4 Recommend Do Adopt Criminal Law; 006-000-000
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Senate Floor Amendment No. 3 Postponed - Criminal Law
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Senate Floor Amendment No. 4 Assignments Refers to Criminal Law
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Senate Floor Amendment No. 3 Assignments Refers to Criminal Law
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Senate Floor Amendment No. 2 Postponed - Criminal Law
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Senate Floor Amendment No. 4 Referred to Assignments
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Senate Floor Amendment No. 4 Filed with Secretary by Sen. M. Maggie Crotty
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Senate Floor Amendment No. 3 Referred to Assignments
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Senate Floor Amendment No. 3 Filed with Secretary by Sen. M. Maggie Crotty
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Senate Floor Amendment No. 2 Assignments Refers to Criminal Law
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Senate Floor Amendment No. 2 Referred to Assignments
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. M. Maggie Crotty
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Placed on Calendar Order of 2nd Reading March 9, 2010
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Do Pass as Amended Criminal Law; 008-000-000
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Assignments Refers to Criminal Law
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. M. Maggie Crotty
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Assigned to Criminal Law
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. M. Maggie Crotty
Sponsors
- M. Maggie Crotty · Cosponsor
- Jack D. Franks · Cosponsor
- Chapa LaVia · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 3 co-sponsors · 180 not signed on · 1 voted No
Sponsors (0)
None.
Co-sponsors (3)
- M. Maggie Crotty
- Jack D. Franks
- Chapa LaVia
Not signed on (180)
180 members have not signed on to this bill.
Show all 180 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 58 | 36 | 0 | 7 |
| Democrat | 12 | 0 | 0 | 1 |
| Republican | 2 | 1 | 0 | 1 |
| Total | 72 | 37 | 0 | 9 |
| % of votes cast | 61% | 31% | 0% | 8% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Hatcher | — | Nay |
| Holbrook | — | Yea |
| Jefferson | — | Yea |
| Davis, Monique | — | Yea |
| Reitz | — | Yea |
| Leitch | — | Nay |
| Madigan | — | Yea |
| May | — | Yea |
| McAuliffe | — | Yea |
| Lyons | — | Yea |
| McCarthy | — | Yea |
| Mell | — | Yea |
| Mendoza | — | Yea |
| Nekritz | — | Yea |
| Poe | — | Yea |
| Sente | — | Yea |
| Bradley | — | Yea |
| McGuire | — | Yea |
| Soto | — | Yea |
| Burke | — | Yea |
| Sullivan | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Mitchell, Bill | — | Yea |
| Washington | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Gordon, Jehan | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Hernandez | — | Yea |
| Howard | — | Yea |
| Colvin | — | Yea |
| Cross | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Nay |
| Eddy | — | Nay |
| Farnham | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Jackson | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Nay |
| Brady | — | Nay |
| Mitchell, Jerry | — | Nay |
| Mulligan | — | Not Voting |
| Myers | — | Nay |
| Watson | — | Nay |
| Pihos | — | Nay |
| Senger | — | Nay |
| Gordon, Careen | — | Not Voting |
| Thapedi | — | Not Voting |
| Tryon | — | Not Voting |
| Wait | — | Nay |
| Winters | — | Nay |
| Cavaletto | — | Nay |
| Coladipietro | — | Nay |
| Cole | — | Nay |
| Connelly | — | Nay |
| Coulson | — | Nay |
| Cultra | — | Nay |
| Fortner | — | Nay |
| Franks | — | Nay |
| Osmond | — | Nay |
| Osterman | — | Yea |
| Phelps | — | Not Voting |
| Pritchard | — | Nay |
| Ramey | — | Nay |
| Reboletti | — | Not Voting |
| Reis | — | Nay |
| Riley | — | Yea |
| Sacia | — | Nay |
| Saviano | — | Nay |
| Schmitz | — | Nay |
| Sommer | — | Nay |
| Lang | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Not Voting |
| Beaubien | — | Nay |
| Beiser | — | Yea |
| Bellock | — | Nay |
| Mathias | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Nay |
| Biggins | — | Yea |
| Black | — | Nay |
| Boland | — | Yea |
| Bost | — | Nay |
| Brauer | — | Nay |
| Burns | — | Yea |
| Carberry | — | Yea |
| McAsey | — | Yea |
| Moffitt | — | Nay |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Not Voting |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Not Voting |
| Jil Tracy | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 2 | 0 | 4 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 53 | 2 | 0 | 4 |
| % of votes cast | 90% | 3% | 0% | 7% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Hultgren | — | Yea |
| Noland | — | Yea |
| Kotowski | — | Yea |
| Link | — | Yea |
| Maloney | — | Yea |
| McCarter | — | Yea |
| Millner | — | Yea |
| Muñoz | — | Yea |
| Pankau | — | Yea |
| Schoenberg | — | Yea |
| Demuzio | — | Yea |
| Silverstein | — | Yea |
| Jacobs | — | Yea |
| Steans | — | Yea |
| Trotter | — | Yea |
| Sullivan | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Cullerton | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Nay |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Hutchinson | — | Yea |
| Jones, J. | — | Not Voting |
| Brady | — | Not Voting |
| Meeks | — | Not Voting |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Not Voting |
| Sandoval | — | Yea |
| Lauzen | — | Nay |
| Luechtefeld | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| Forby | — | Yea |
| Garrett | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 3732 do?
- Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning certificates of title.
- Who sponsors SB 3732?
- SB 3732 is sponsored by M. Maggie Crotty, Jack D. Franks, and Chapa LaVia.
- What is the current status of SB 3732?
- This bill has been enacted into law. Introduced February 11, 2010. Enacted.
- Where can I track SB 3732?
- Track SB 3732 free on One Click Politics — get push/email alerts when it moves.
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