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| Public Act 094-0115 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 11-401 and 11-501.1 as follows:
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(625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
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Sec. 11-401. Motor vehicle accidents involving death or | ||||
personal injuries.
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(a) The driver of any vehicle involved in a motor vehicle | ||||
accident
resulting in personal injury to or death of any person | ||||
shall immediately stop
such vehicle at the scene of such | ||||
accident, or as close thereto as possible
and shall then | ||||
forthwith return to, and in every event shall remain at the
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scene of the accident until the requirements of Section 11-403 | ||||
have been
fulfilled. Every such stop shall be made without | ||||
obstructing traffic more
than is necessary.
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(b) Any person who has failed to stop or to comply with the
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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 | ||||
at any
time during such period, as soon as possible but in no | ||||
case later than one-half
hour
after
being discharged from the
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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. | ||||
No report made as required under this paragraph shall be used,
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directly or indirectly, as a basis for the prosecution of any
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violation of paragraph (a).
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(b-1) Any person arrested for violating this Section is | ||||
subject to chemical testing of his or her blood, breath, or | ||||
urine for the presence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof, as provided in Section 11-501.1, if the testing occurs | ||
within 12 hours of the time of the occurrence of the accident | ||
that led to his or her arrest. The person's driving privileges | ||
are subject to statutory summary suspension under Section | ||
11-501.1 if he or she fails or refuses to undergo the testing.
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For purposes of this Section, personal injury shall mean | ||
any injury
requiring immediate professional treatment in a | ||
medical facility or
doctor's office.
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(c) Any person failing to comply with paragraph (a) shall | ||
be guilty of a Class 4 felony.
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(d) Any person failing to comply with paragraph (b) is
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guilty
of
a Class 3 felony if the
motor vehicle accident does | ||
not result in the death of any person.
Any person failing to | ||
comply with paragraph (b)
when the accident results in the | ||
death of
any person is guilty of a Class 2
felony, for which | ||
the person, if
sentenced to a term of imprisonment, shall be | ||
sentenced to a term of not less
than 3 years and not more than | ||
14 years.
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(e) The Secretary of State shall revoke the driving | ||
privilege of any person
convicted of a violation of this | ||
Section.
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(Source: P.A. 93-684, eff. 1-1-05.)
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(625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
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Sec. 11-501.1. Suspension of drivers license; statutory | ||
summary
alcohol, other drug or drugs, or intoxicating compound | ||
or
compounds related suspension; implied consent.
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(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
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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 | ||
a local ordinance, or if arrested for violating Section 11-401.
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The test or tests shall be administered at the direction of the | ||
arresting
officer. The law enforcement agency employing the | ||
officer shall designate which
of the aforesaid tests shall be | ||
administered. A urine test may be administered
even after a | ||
blood or breath test or both has
been administered. For | ||
purposes of this Section, an Illinois law
enforcement officer | ||
of this State who is investigating the person for any
offense | ||
defined in Section 11-501 may travel into an adjoining state, | ||
where
the person has been transported for medical care, to | ||
complete an
investigation and to request that the person submit | ||
to the test or tests
set forth in this Section. The | ||
requirements of this Section that the
person be arrested are | ||
inapplicable, but the officer shall issue the person
a Uniform | ||
Traffic Ticket for an offense as defined in Section 11-501 or a
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similar provision of a local ordinance prior to requesting that | ||
the person
submit to the test or tests. The issuance of the | ||
Uniform Traffic Ticket
shall not constitute an arrest, but | ||
shall be for the purpose of notifying
the person that he or she | ||
is subject to the provisions of this Section and
of the | ||
officer's belief of the existence of probable cause to
arrest. | ||
Upon returning to this State, the officer shall file the | ||
Uniform
Traffic Ticket with the Circuit Clerk of the county | ||
where the offense was
committed, and shall seek the issuance of | ||
an arrest warrant or a summons
for the person.
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(b) Any person who is dead, unconscious, or who is | ||
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.
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(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 will result in | ||
the statutory summary
suspension of the person's privilege to | ||
operate a motor vehicle as provided
in Section 6-208.1 of this | ||
Code. The person shall also be warned by the law
enforcement | ||
officer that if the person submits to the test or tests
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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 | ||
resulting from the unlawful use or consumption
of cannabis as | ||
covered by the Cannabis Control Act, a controlled
substance
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listed in the Illinois Controlled Substances Act, or an | ||
intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act is detected in the person's
blood or urine, a | ||
statutory summary suspension of the person's privilege to
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operate a motor vehicle, as provided in Sections 6-208.1 and | ||
11-501.1 of this
Code, will be imposed.
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A person who is under the age of 21 at the time the person | ||
is requested to
submit to a test as provided above shall, in | ||
addition to the warnings provided
for in this Section, be | ||
further warned by the law enforcement officer
requesting the | ||
test 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 greater than 0.00 and less | ||
than 0.08, a
suspension of the
person's privilege to operate a | ||
motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | ||
of this Code, 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 | ||
or pursuant to Section 11-501.4 in prosecutions
for reckless | ||
homicide brought under the Criminal Code of 1961. These test
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results, however, shall be admissible only in actions or | ||
proceedings directly
related to the incident upon which the | ||
test request was made.
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(d) If the person refuses testing or submits to a test that | ||
discloses
an alcohol concentration of 0.08 or more, or any | ||
amount of a drug,
substance, or intoxicating compound in the | ||
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 | ||
Substances
Act, or an intoxicating compound listed in the Use | ||
of Intoxicating Compounds
Act, the law enforcement officer | ||
shall immediately submit a sworn report to
the
circuit court of | ||
venue and the Secretary of State, certifying that the test or
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tests was or were requested under paragraph (a) and the person | ||
refused to
submit to a test, or tests, or submitted to testing | ||
that disclosed an alcohol
concentration of 0.08 or more.
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(e) Upon receipt of the sworn report of a law enforcement | ||
officer
submitted under paragraph (d), the Secretary of State | ||
shall enter the
statutory summary suspension for the periods | ||
specified in Section 6-208.1,
and effective as provided in | ||
paragraph (g).
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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,
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prosecuting authorities or the Secretary of State.
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(f) The law enforcement officer submitting the sworn report | ||
under paragraph
(d) shall serve immediate notice of the | ||
statutory summary suspension on the
person and the suspension | ||
shall be effective as provided in paragraph (g). 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 or consumption
of cannabis as covered by 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 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 shall begin as provided in
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paragraph (g). The officer shall confiscate any Illinois | ||
driver's license or
permit on the person at the time of arrest. | ||
If the person has a valid driver's
license or permit, the | ||
officer shall issue the person a receipt, in
a form prescribed | ||
by the Secretary of State, that will allow that person
to drive | ||
during the periods provided for in paragraph (g). The officer
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shall immediately forward the driver's license or permit to the | ||
circuit
court of venue along with the sworn report provided for | ||
in
paragraph (d).
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(g) The statutory summary suspension referred to in this | ||
Section shall
take effect on the 46th day following the date | ||
the notice of the statutory
summary suspension was given to the | ||
person.
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(h) The following procedure shall apply
whenever a person | ||
is arrested for any offense as defined in Section 11-501
or a | ||
similar provision of a local ordinance:
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Upon receipt of the sworn report from the law enforcement | ||
officer,
the Secretary of State shall confirm the statutory | ||
summary suspension by
mailing a notice of the effective date of | ||
the suspension to the person and
the court of venue. However, | ||
should the sworn report be defective by not
containing | ||
sufficient information or be completed in error, the
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confirmation of the statutory summary suspension shall not be | ||
mailed to the
person or entered to the record; instead, the | ||
sworn report shall
be
forwarded to the court of venue with a | ||
copy returned to the issuing agency
identifying any defect.
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(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-357, | ||
eff.
7-29-99.)
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