Public Act 096-0289
 		





HB2649 Enrolled
LRB096 04584 AJT 14639 b






    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 11-501, 11-501.2, and 11-501.4 as follows:
 
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
    Sec. 11-501.  Driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual physical 
control of any vehicle within this State while:
        (1) the alcohol concentration in the person's blood or 
    breath is 0.08 or more based on the definition of blood and 
    breath units in Section 11-501.2;
        (2) under the influence of alcohol;
        (3) under the influence of any intoxicating compound or 
    combination of intoxicating compounds to a degree that 
    renders the person incapable of driving safely;
        (4) under the influence of any other drug or 
    combination of drugs to a degree that renders the person 
    incapable of safely driving;
        (5) under the combined influence of alcohol, other drug 
    or drugs, or intoxicating compound or compounds to a degree 
    that renders the person incapable of safely driving; or
        (6) there is any amount of a drug, substance, or 
    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,  an intoxicating 
    compound listed in the Use of Intoxicating Compounds Act, 
    or methamphetamine as listed in the Methamphetamine 
    Control and Community Protection Act.

    (b) The fact that any person charged with violating this 
Section is or has been legally entitled to use alcohol, other 
drug or drugs, or intoxicating compound or compounds, or any 
combination thereof, shall not constitute a defense against any 
charge of violating this Section.
    (c) Penalties.
        (1) Except as otherwise provided in this Section, any 
    person convicted of violating subsection (a) of this 
    Section is guilty of a Class A misdemeanor.
        (2) A person who violates subsection (a) or a similar 
    provision a second time shall be sentenced to a mandatory 
    minimum term of either 5 days of imprisonment or 240 hours 
    of community service in addition to any other criminal or 
    administrative sanction.
        (3) A person who violates subsection (a) is subject to 
    6 months of imprisonment, an additional mandatory minimum 
    fine of $1,000, and 25 days of community service in a 
    program benefiting children if the person was transporting 
    a person under the age of 16 at the time of the violation.
        (4) A person who violates subsection (a) a first time, 
    if the alcohol concentration in his or her blood, breath, 
    or urine was 0.16 or more based on the definition of blood, 
    breath, or urine units in Section 11-501.2, shall be 
    subject, in addition to any other penalty that may be 
    imposed, to a mandatory minimum of 100 hours of community 
    service and a mandatory minimum fine of $500.
        (5) A person who violates subsection (a) a second time, 
    if at the time of the second violation the alcohol 
    concentration in his or her blood, breath, or urine was 
    0.16 or more based on the definition of blood, breath, or 
    urine units in Section 11-501.2, shall be subject, in 
    addition to any other penalty that may be imposed, to a 
    mandatory minimum of 2 days of imprisonment and a mandatory 
    minimum fine of $1,250.
    (d) Aggravated driving under the influence of alcohol, 
other drug or drugs, or intoxicating compound or compounds, or 
any combination thereof.

        (1) Every person convicted of committing a violation of 
    this Section shall be guilty of aggravated driving under 
    the influence of alcohol, other drug or drugs, or 
    intoxicating compound or compounds, or any combination 
    thereof if:
            (A) the person committed a violation of  subsection 
        (a) or a similar provision for the third or subsequent 
        time;
            (B) the person committed a violation of subsection 
        (a) while driving a school bus with persons 18 years of 
        age or younger on board;
            (C) the person in committing a violation of 
        subsection (a) was involved in a motor vehicle accident 
        that resulted in great bodily harm or permanent 
        disability or disfigurement to another, when the 
        violation was a proximate cause of the injuries;
            (D) the person committed a violation of subsection 
        (a) for a second time and has been previously convicted 
        of violating Section 9-3 of the Criminal Code of 1961 
        or a similar provision of a law of another state 
        relating to reckless homicide in which the person was 
        determined to have been under the influence of alcohol, 
        other drug or drugs, or intoxicating compound or 
        compounds as an element of the offense or the person 
        has previously been convicted under subparagraph (C) 
        or subparagraph (F) of this paragraph (1);
            (E) the person, in committing a violation of 
        subsection (a) while driving at any speed in a school 
        speed zone at a time when a speed limit of 20 miles per 
        hour was in effect under subsection (a) of Section 
        11-605 of this Code, was involved in a motor vehicle 
        accident that resulted in bodily harm, other than great 
        bodily harm or permanent disability or disfigurement, 
        to another person, when the violation of subsection (a) 
        was a proximate cause of the bodily harm;
            (F) the person, in committing a violation of 
        subsection (a), was involved in a motor vehicle, 
        snowmobile, all-terrain vehicle, or watercraft 
        accident that resulted in the death of another person, 
        when the violation of subsection (a) was a proximate 
        cause of the death;
            (G) the person committed a violation of subsection 
        (a) during a period in which the defendant's driving 
        privileges are revoked or suspended, where the 
        revocation or suspension was for a violation of 
        subsection (a) or a similar provision, Section 
        11-501.1, paragraph (b) of Section 11-401, or for 
        reckless homicide as defined in Section 9-3 of the 
        Criminal Code of 1961;
            (H) the person committed the violation while he or 
        she did not possess a driver's license or permit or a 
        restricted driving permit or a judicial driving permit 
        or a monitoring device driving permit;
            (I) the person committed the violation while he or 
        she knew or should have known that the vehicle he or 
        she was driving was not covered by a liability 
        insurance policy;
            (J) the person in committing a violation of 
        subsection (a) was involved in a motor vehicle accident 
        that resulted in bodily harm, but not great bodily 
        harm, to the child under the age of 16 being 
        transported by the person, if the violation was the 
        proximate cause of the injury; or
            (K) the person in committing a second violation of 
        subsection (a) or a similar provision was transporting 
        a person under the age of 16.
        (2)(A) Except as provided otherwise, a person 
    convicted of aggravated driving under the influence of 
    alcohol, other drug or drugs, or intoxicating compound or 
    compounds, or any combination thereof is guilty of a Class 
    4 felony.
        (B) A third violation of this Section or a similar 
    provision is a Class 2 felony.  If at the time of the third 
    violation the alcohol concentration in his or her blood, 
    breath, or urine was 0.16 or more based on the definition 
    of blood, breath, or urine units in Section 11-501.2, a 
    mandatory minimum of 90 days of imprisonment and a 
    mandatory minimum fine of $2,500 shall be imposed in 
    addition to any other criminal or administrative sanction.  
    If at the time of the third violation, the defendant was 
    transporting a person under the age of 16, a mandatory fine 
    of $25,000 and 25 days of community service in a program 
    benefiting children shall be imposed in addition to any 
    other criminal or administrative sanction.
        (C) A fourth violation of this Section or a similar 
    provision is a Class 2 felony, for which a sentence of 
    probation or conditional discharge may not be imposed. If 
    at the time of the violation, the alcohol concentration in 
    the defendant's blood, breath, or urine was 0.16 or more 
    based on the definition of blood, breath, or urine units in 
    Section 11-501.2, a mandatory minimum fine of $5,000 shall 
    be imposed in addition to any other criminal or 
    administrative sanction. If at the time of the fourth 
    violation, the defendant was transporting a person under 
    the age of 16 a mandatory fine of $25,000 and 25 days of 
    community service in a program benefiting children shall be 
    imposed in addition to any other criminal or administrative 
    sanction.
        (D) A fifth violation of this Section or a similar 
    provision is a Class 1 felony, for which a sentence of 
    probation or conditional discharge may not be imposed.  If 
    at the time of the violation, the alcohol concentration in 
    the defendant's blood, breath, or urine was 0.16 or more 
    based on the definition of blood, breath, or urine units in 
    Section 11-501.2, a mandatory minimum fine of $5,000 shall 
    be imposed in addition to any other criminal or 
    administrative sanction. If at the time of the fifth 
    violation, the defendant was transporting a person under 
    the age of 16, a mandatory fine of $25,000, and 25 days of 
    community service in a program benefiting children shall be 
    imposed in addition to any other criminal or administrative 
    sanction.
        (E) A sixth or subsequent violation of this Section or 
    similar provision is a Class X felony. If at the time of 
    the violation, the alcohol concentration in the 
    defendant's blood, breath, or urine was 0.16 or more based 
    on the definition of blood, breath, or urine units in 
    Section 11-501.2, a mandatory minimum fine of $5,000 shall 
    be imposed in addition to any other criminal or 
    administrative sanction. If at the time of the violation, 
    the defendant was transporting a person under the age of 
    16, a mandatory fine of $25,000 and 25 days of community 
    service in a program benefiting children shall be imposed 
    in addition to any other criminal or administrative 
    sanction.
        (F) For a violation of subparagraph (C) of paragraph 
    (1) of this subsection (d), the defendant, if sentenced to 
    a term of imprisonment, shall be sentenced to not less than 
    one year nor more than 12 years.
        (G) A violation of subparagraph (F) of paragraph (1) of 
    this subsection (d) is a Class 2 felony, for which the 
    defendant, unless the court determines that extraordinary 
    circumstances exist and require probation, shall be 
    sentenced to: (i) a term of imprisonment of not less than 3 
    years and not more than 14 years if the violation resulted 
    in the death of one person; or (ii) a term of imprisonment 
    of not less than 6 years and not more than 28 years if the 
    violation resulted in the deaths of 2 or more persons.
        (H)  For a violation of subparagraph (J) of paragraph 
    (1) of this subsection (d), a mandatory fine of $2,500, and 
    25 days of community service in a program benefiting 
    children shall be imposed in addition to any other criminal 
    or administrative sanction.
        (I) A violation of subparagraph (K) of paragraph (1) of 
    this subsection (d), is a Class 2 felony and a mandatory 
    fine of $2,500, and 25 days of community service in a 
    program benefiting children shall be imposed in addition to 
    any other criminal or administrative sanction.  If the child 
    being transported suffered bodily harm, but not great 
    bodily harm, in a motor vehicle accident, and the violation 
    was the proximate cause of that injury, a mandatory fine of 
    $5,000 and 25 days of community service in a program 
    benefiting children shall be imposed in addition to any 
    other criminal or administrative sanction.
        (J) A violation of subparagraph (D) of paragraph (1) of 
    this subsection (d) is a Class 3 felony, for which a 
    sentence of probation or conditional discharge may not be 
    imposed. 
        (3) Any person sentenced under this subsection (d) who 
    receives a term of probation or conditional discharge must 
    serve a minimum term of either 480 hours of community 
    service or 10 days of imprisonment as a condition of the 
    probation or conditional discharge in addition to any other 
    criminal or administrative sanction.
    (e) Any reference to a prior violation of subsection (a) or 
a similar provision includes any violation of a provision of a 
local ordinance or a provision of a law of another state or an 
offense committed on a military installation that is similar to 
a violation of subsection (a) of this Section.
    (f) The imposition of a mandatory term of imprisonment or 
assignment of community service for a violation of this Section 
shall not be suspended or reduced by the court.
    (g) Any penalty imposed for driving with a license that has 
been revoked for a previous violation of subsection (a) of this 
Section shall be in addition to the penalty imposed for any 
subsequent violation of subsection (a).
    (h) For any prosecution under this Section, a certified 
copy of the driving abstract of the defendant shall be admitted 
as proof of any prior conviction.


(Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, 
eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, 
eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; 
95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 
95-778, eff. 8-4-08; 95-876, eff. 8-21-08.)
 



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


    Sec. 11-501.2. Chemical and other tests. 

    (a) Upon the trial of any civil or criminal action or 
proceeding arising out
of an arrest for an offense as defined 
in Section 11-501 or a similar local
ordinance or proceedings 
pursuant to Section 2-118.1, evidence of the
concentration of 
alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof in a person's blood
or 
breath at the time alleged, as determined by analysis of the 
person's blood,
urine, breath or other bodily substance, shall 
be admissible.  Where such test
is made the following provisions 
shall apply:


        1. Chemical analyses of the person's blood, urine, 
    breath or other bodily
substance to be considered valid 
    under the provisions of this Section shall
have been 
    performed according to standards promulgated by the 
    Department of State Police
by
a licensed physician, 
    registered nurse, trained phlebotomist acting under the

    direction of a licensed physician, certified paramedic, or 
    other individual
possessing a valid permit issued by that 
    Department for
this purpose.  The Director of State Police 
    is authorized to approve satisfactory
techniques or 
    methods, to ascertain the qualifications and competence of

    individuals to conduct such analyses, to issue permits 
    which shall be subject
to termination or revocation at the 
    discretion of that Department and to
certify the accuracy 
    of breath testing equipment. The Department
of
State Police 
    shall prescribe regulations as necessary to
implement this

    Section.


        2. When a person in this State shall submit to a blood 
    test at the request
of a law enforcement officer under the 
    provisions of Section 11-501.1, only a
physician 
    authorized to practice medicine, a registered nurse, 
    trained
phlebotomist, or certified paramedic, or other

    qualified person approved by the Department of State Police 
    may withdraw blood
for the purpose of determining the 
    alcohol, drug, or alcohol and drug content
therein. This 
    limitation shall not apply to the taking of breath or urine

    specimens.


        When a blood test of a person who has been taken to an 
    adjoining state
for medical treatment is requested by an 
    Illinois law enforcement officer,
the blood may be 
    withdrawn only by a physician authorized to practice

    medicine in the adjoining state, a registered nurse, a 
    trained
phlebotomist acting under the direction of the 
    physician, or certified
paramedic. The law
enforcement 
    officer requesting the test shall take custody of the blood

    sample, and the blood sample shall be analyzed by a 
    laboratory certified by the
Department of State Police for 
    that purpose.


        3. The person tested may have a physician, or a 
    qualified technician,
chemist, registered nurse, or other 
    qualified person of their own choosing
administer a 
    chemical test or tests in addition to any administered at 
    the
direction of a law enforcement officer.  The failure or 
    inability to obtain
an additional test by a person shall 
    not preclude the admission of evidence
relating to the test 
    or tests taken at the direction of a law enforcement

    officer.


        4. Upon the request of the person who shall submit 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 such
person's 
    attorney.


        5. Alcohol concentration shall mean either grams of 
    alcohol per 100
milliliters of blood or grams of alcohol 
    per 210 liters of breath.

    (b) Upon the trial of any civil or criminal action or 
proceeding arising
out of acts alleged to have been committed 
by any person while driving or
in actual physical control of a 
vehicle while under the influence of alcohol,
the concentration 
of alcohol in the person's blood or breath at the time
alleged 
as shown by analysis of the person's blood, urine, breath, or 
other
bodily substance shall give rise to the following 
presumptions:


        1. If there was at that time an alcohol concentration 
    of 0.05 or less,
it shall be presumed that the person was 
    not under the influence of alcohol.


        2. If there was at that time an alcohol concentration 
    in excess of 0.05
but less than 0.08, such facts shall not 
    give rise to any
presumption that
the person was or was not 
    under the influence of alcohol, but such fact
may be 
    considered with other competent evidence in determining 
    whether the
person was under the influence of alcohol.


        3. If there was at that time an alcohol concentration 
    of 0.08
or more,
it shall be presumed that the person was 
    under the influence of alcohol.


        4. The foregoing provisions of this Section shall not 
    be construed as
limiting the introduction of any other 
    relevant evidence bearing upon the
question whether the 
    person was under the influence of alcohol.

 

    (c) 1. If a person under arrest refuses to submit to a 
chemical test
under
the provisions of Section 11-501.1, 
evidence of refusal shall be admissible
in any civil or 
criminal action or proceeding arising out of acts alleged
to 
have been committed while the person under the influence of 
alcohol,
other drug or drugs, or intoxicating compound or 
compounds, or
any combination thereof was driving or in actual 
physical
control of a motor vehicle.


        2. Notwithstanding any ability to refuse under this 
    Code to submit to
these tests or any ability to revoke the 
    implied consent to these tests, if a
law enforcement 
    officer has probable cause to believe that a motor vehicle

    driven by or in actual physical control of a person under 
    the influence of
alcohol, other drug or drugs, or 
    intoxicating compound or
compounds,
or any combination 
    thereof
has caused the death or
personal injury to another, 
    that person shall submit, upon the request of a law

    enforcement officer, to a chemical test or tests of his or 
    her blood, breath or
urine for the purpose of
determining 
    the alcohol content thereof or the presence of any other 
    drug or
combination of both.

    This provision does not affect the applicability of or 
imposition of driver's
license sanctions under Section 
11-501.1 of this Code.


        3. For purposes of this Section, a personal injury 
    includes any Type A
injury as indicated on the traffic 
    accident report completed by a law
enforcement officer that 
    requires immediate professional attention in either a

    doctor's office or a medical facility.  A Type A injury 
    includes severe
bleeding wounds, distorted extremities, 
    and injuries that require the injured
party to be carried 
    from the scene.

(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828, 
eff. 1-1-01.)


 



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


    Sec. 11-501.4. 
Admissibility of chemical tests of blood or 
urine conducted in
the regular course of providing emergency 
medical treatment.

    (a) Notwithstanding any other provision of law, the results 
of
blood or urine tests performed for the purpose of 
determining the content of alcohol,
other drug or drugs, or 
intoxicating compound or compounds, or any
combination 
thereof, of an individual's blood or urine conducted upon 
persons
receiving
medical treatment in a hospital emergency 
room are admissible in evidence as a
business record exception 
to the hearsay rule only in prosecutions for any
violation of 
Section 11-501 of this Code or a similar provision of a local

ordinance, or in prosecutions for reckless homicide brought 
under the Criminal
Code of 1961, when each of the following 
criteria are met:


        (1) the chemical tests performed upon an individual's 
    blood or urine were ordered
in the
regular course of 
    providing emergency medical treatment and not at the

    request of law enforcement authorities;


        (2) the chemical tests performed upon an individual's 
    blood or urine were performed
by the laboratory routinely 
    used by the hospital; and


        (3) results of chemical tests performed upon an 
    individual's blood or urine are
admissible into evidence 
    regardless of the time that the records were
prepared.

    (b) The confidentiality provisions of law pertaining to 
medical records
and medical treatment shall not be applicable 
with regard to chemical tests
performed upon an individual's 
blood or urine under the provisions of this Section in

prosecutions as specified in subsection (a) of this Section.  No 
person shall
be liable for civil damages as a result of the 
evidentiary use of chemical
testing of an individual's blood or 
urine test results under this Section, or as a
result of that 
person's testimony made available under this Section.

(Source: P.A. 90-779, eff. 1-1-99.)



 
    Section 10. The Snowmobile Registration and Safety Act is 
amended  by changing Section 5-7.4 as follows:
 



    (625 ILCS 40/5-7.4)


    Sec. 5-7.4. 
Admissibility of chemical tests of blood or 
urine conducted in the
regular course of providing emergency 
medical treatment.

    (a) Notwithstanding any other provision of law, the results 
of
blood or urine tests performed for the purpose of 
determining the content of
alcohol, other drug or drugs, 
intoxicating compound or compounds, or any
combination of them 
in an individual's blood or urine conducted upon persons 
receiving
medical treatment in a
hospital
emergency room, are 
admissible in evidence as a business record exception
to the

hearsay rule only in prosecutions for a violation of Section 
5-7 of this
Act or a similar provision of a local ordinance or 
in prosecutions for reckless
homicide brought under the 
Criminal Code of 1961.

    The results of the tests are admissible only when
each of 
the following criteria are met:


        1. The chemical tests performed upon an individual's 
    blood or urine were
ordered
in the
regular course of 
    providing emergency treatment and not at the request of law

    enforcement authorities; and


        2. The chemical tests performed upon an individual's 
    blood or urine were
performed by the
laboratory routinely 
    used by the hospital.


        3. (Blank).

    Results of chemical tests performed upon an individual's 
blood or urine
are
admissible into evidence regardless of the 
time that the records were
prepared.

    (b) The confidentiality provisions of law pertaining to 
medical records and
medical treatment are not applicable with 
regard to chemical tests
performed upon a person's blood or 
urine under the provisions of this
Section in prosecutions as 
specified in
subsection (a) of this Section.  No person
shall be 
liable for civil damages as
a result of the evidentiary use of 
the results of chemical testing of the
individual's blood or 
urine under this
Section or as a result of that person's 
testimony made available under this
Section.

(Source: P.A. 93-156, eff. 1-1-04.)



 
    Section 15. The Boat Registration and Safety Act is amended  
by changing Section 5-16a as follows:
 



    (625 ILCS 45/5-16a)  (from Ch. 95 1/2, par. 315-11a)


    Sec. 5-16a. 
Admissibility of chemical tests of blood or 
urine conducted in the regular course of providing emergency 
medical
treatment.

    (a) Notwithstanding any other provision of law, the written 
results of
blood or urine alcohol tests conducted upon persons 
receiving medical treatment in a
hospital emergency room are 
admissible in evidence as a business record
exception to the 
hearsay rule only in prosecutions for any violation of
Section 
5-16 of this Act or a similar provision of a local
ordinance or 
in prosecutions for reckless homicide brought under the 
Criminal
Code of 1961, when:


        (1) the chemical tests performed upon an individual's 
    blood or urine were ordered
in the regular course of 
    providing emergency treatment and not at the request
of law 
    enforcement authorities; and


        (2) the chemical tests performed upon an individual's 
    blood or urine
were performed by the laboratory routinely 
    used by the hospital.

    Results of
chemical tests performed upon an individual's 
blood or urine are admissible into
evidence regardless of the 
time that the records were prepared.

    (b) The confidentiality provisions of law pertaining to 
medical records
and medical treatment shall not be applicable 
with regard to chemical
tests performed upon an individual's 
blood or urine under the provisions of
this Section in 
prosecutions as
specified in subsection (a) of this Section.  No 
person shall be liable for
civil damages as a result of the 
evidentiary use of the results of chemical
testing of an 
individual's blood or urine under this Section or as a result 
of that person's testimony made
available under this Section.

(Source: P.A. 93-156, eff. 1-1-04.)



 

    Section 99. Effective date. This Act takes effect upon 
becoming law.



        

									INDEX
								

									Statutes amended in order of appearance
								



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



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


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


    625 ILCS 40/5-7.4




    625 ILCS 45/5-16a
from Ch. 95 1/2, par. 315-11a