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| [ Introduced ] | [ House Amendment 001 ] |
91_HB3292eng HB3292 Engrossed LRB9111651DHcd 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 11-501, 11-501.2, 11-501.4, and 11-501.5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Sections 11-501, 11-501.2, 11-501.4, and 11-501.5 as 7 follows: 8 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 9 Sec. 11-501. Driving while under the influence of 10 alcohol, other drug or drugs, intoxicating compound or 11 compounds or any combination thereof. 12 (a) A person shall not drive or be in actual physical 13 control of any vehicle within this State while: 14 (1) the alcohol concentration in the person's blood 15 or breath is 0.08 or more based on the definition of 16 blood and breath units in Section 11-501.2; 17 (2) under the influence of alcohol; 18 (3) under the influence of any intoxicating 19 compound or combination of intoxicating compounds to a 20 degree that renders the person incapable of driving 21 safely; 22 (4) under the influence of any other drug or 23 combination of drugs to a degree that renders the person 24 incapable of safely driving; 25 (5) under the combined influence of alcohol, other 26 drug or drugs, or intoxicating compound or compounds to a 27 degree that renders the person incapable of safely 28 driving; or 29 (6) there is any amount of a drug, substance, or 30 compound in the person's breath, blood, or urine 31 resulting from the unlawful use or consumption of HB3292 Engrossed -2- LRB9111651DHcd 1 cannabis listed in the Cannabis Control Act, a controlled 2 substance listed in the Illinois Controlled Substances 3 Act, or an intoxicating compound listed in the Use of 4 Intoxicating Compounds Act. 5 (b) The fact that any person charged with violating this 6 Section is or has been legally entitled to use alcohol, other 7 drug or drugs, or intoxicating compound or compounds, or any 8 combination thereof, shall not constitute a defense against 9 any charge of violating this Section. 10 (c) Except as provided under paragraphs (c-3) and (d) of 11 this Section, every person convicted of violating this 12 Section or a similar provision of a local ordinance, shall be 13 guilty of a Class A misdemeanor and, in addition to any other 14 criminal or administrative action, for any second conviction 15 of violating this Section or a similar provision of alaw of16another state orlocal ordinance committed within 5 years of 17 a previous violation of this Section or a similar provision 18 of a law of another state or a local ordinance shall be 19 mandatorily sentenced to a minimum of 48 consecutive hours of 20 imprisonment or assigned to a minimum of 100 hours of 21 community service as may be determined by the court. Every 22 person convicted of violating this Section or a similar 23 provision of a local ordinance shall be subject to a 24 mandatory minimum fine of $500 and a mandatory 5 days of 25 community service in a program benefiting children if the 26 person committed a violation of paragraph (a) or a similar 27 provision of a local ordinance while transporting a person 28 under age 16. Every person convicted a second time for 29 violating this Section or a similar provision of a local 30 ordinance within 5 years of a previous violation of this 31 Section or a similar provision of a law of another state or 32 local ordinance shall be subject to a mandatory minimum fine 33 of $500 and 10 days of mandatory community service in a 34 program benefiting children if the current offense was HB3292 Engrossed -3- LRB9111651DHcd 1 committed while transporting a person under age 16. The 2 imprisonment or assignment under this subsection shall not be 3 subject to suspension nor shall the person be eligible for 4 probation in order to reduce the sentence or assignment. 5 (c-1) (1) A person who violates this Section during a 6 period in which his or her driving privileges are revoked 7 or suspended, where the revocation or suspension was for 8 a violation of this Section, Section 11-501.1, paragraph 9 (b) of Section 11-401, or Section 9-3 of the Criminal 10 Code of 1961 is guilty of a Class 4 felony. 11 (2) A person who violates this Section a third time 12 during a period in which his or her driving privileges 13 are revoked or suspended where the revocation or 14 suspension was for a violation of this Section, Section 15 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 16 of the Criminal Code of 1961 is guilty of a Class 3 17 felony. 18 (3) A person who violates this Section a fourth or 19 subsequent time during a period in which his or her 20 driving privileges are revoked or suspended where the 21 revocation or suspension was for a violation of this 22 Section, Section 11-501.1, paragraph (b) of Section 23 11-401, or Section 9-3 of the Criminal Code of 1961 is 24 guilty of a Class 2 felony. 25 (c-2) (Blank). 26 (c-3) Every person convicted of violating this Section 27 or a similar provision of a local ordinance who had a child 28 under age 16 in the vehicle at the time of the offense shall 29 have his or her punishment under this Act enhanced by 2 days 30 of imprisonment for a first offense, 10 days of imprisonment 31 for a second offense, 30 days of imprisonment for a third 32 offense, and 90 days of imprisonment for a fourth or 33 subsequent offense, in addition to the fine and community 34 service required under subsection (c) and the possible HB3292 Engrossed -4- LRB9111651DHcd 1 imprisonment required under subsection (d). The imprisonment 2 or assignment under this subsection shall not be subject to 3 suspension nor shall the person be eligible for probation in 4 order to reduce the sentence or assignment. 5 (d) (1) Every person convicted of committing a violation 6 of this Section shall be guilty of aggravated driving under 7 the influence of alcohol, other drug or drugs, or 8 intoxicating compound or compounds, or any combination 9 thereof if: 10 (A) the person committed a violation of this 11 Section, or a similar provision of a law of another state 12 or a local ordinance when the cause of action is the same 13 as or substantially similar to this Section, for the 14 third or subsequent time; 15 (B) the person committed a violation of paragraph 16 (a) while driving a school bus with children on board; 17 (C) the person in committing a violation of 18 paragraph (a) was involved in a motor vehicle accident 19 that resulted in great bodily harm or permanent 20 disability or disfigurement to another, when the 21 violation was a proximate cause of the injuries; or 22 (D) the person committed a violation of paragraph 23 (a) for a second time and has been previously convicted 24 of violating Section 9-3 of the Criminal Code of 1961 25 relating to reckless homicide in which the person was 26 determined to have been under the influence of alcohol, 27 other drug or drugs, or intoxicating compound or 28 compounds as an element of the offense or the person has 29 previously been convicted under subparagraph (C) of this 30 paragraph (1). 31 (2) Aggravated driving under the influence of alcohol, 32 other drug or drugs, or intoxicating compound or compounds, 33 or any combination thereof is a Class 4 felony.for whichA 34 person, ifsentenced to a term of imprisonment, shall beHB3292 Engrossed -5- LRB9111651DHcd 1sentenced to not less than one year and not more than 3 years2 for a violation of subparagraph (C)(A), (B) or (D)of 3 paragraph (1) of this subsection (d) shall be sentenced to 4andnot less than one year and not more than 12 yearsfor a5violation of subparagraph (C) of paragraph (1) of this6subsection (d). For any prosecution under this subsection 7 (d), a certified copy of the driving abstract of the 8 defendant shall be admitted as proof of any prior conviction. 9 (e) After a finding of guilt and prior to any final 10 sentencing, or an order for supervision, for an offense based 11 upon an arrest for a violation of this Section or a similar 12 provision of a local ordinance, individuals shall be required 13 to undergo a professional evaluation to determine if an 14 alcohol, drug, or intoxicating compound abuse problem exists 15 and the extent of the problem. Programs conducting these 16 evaluations shall be licensed by the Department of Human 17 Services. The cost of any professional evaluation shall be 18 paid for by the individual required to undergo the 19 professional evaluation. 20 (f) Every person found guilty of violating this Section, 21 whose operation of a motor vehicle while in violation of this 22 Section proximately caused any incident resulting in an 23 appropriate emergency response, shall be liable for the 24 expense of an emergency response as provided under Section 25 5-5-3 of the Unified Code of Corrections. 26 (g) The Secretary of State shall revoke the driving 27 privileges of any person convicted under this Section or a 28 similar provision of a local ordinance. 29 (h) Every person sentenced under subsection (d) of this 30 Section and who receives a term of probation or conditional 31 discharge shall be required to serve a minimum term of either 32 30 days community service or, beginning July 1, 1993, 48 33 consecutive hours of imprisonment as a condition of the 34 probation or conditional discharge. This mandatory minimum HB3292 Engrossed -6- LRB9111651DHcd 1 term of imprisonment or assignment of community service shall 2 not be suspended and shall not be subject to reduction by the 3 court. 4 (i) The Secretary of State may use ignition interlock 5 device requirements when granting driving relief to 6 individuals who have been arrested for a second or subsequent 7 offense of this Section or a similar provision of a local 8 ordinance. The Secretary shall establish by rule and 9 regulation the procedures for use of the interlock system. 10 (j) In addition to any other penalties and liabilities, 11 a person who is found guilty of violating this Section shall 12 be fined $100, payable to the circuit clerk, who shall 13 distribute the money to the law enforcement agency that made 14 the arrest. In the event that more than one agency is 15 responsible for the arrest, the $100 shall be shared equally. 16 Any moneys received by a law enforcement agency under this 17 subsection (j) shall be used to purchase law enforcement 18 equipment that will assist in the prevention of alcohol 19 related criminal violence throughout the State. This shall 20 include, but is not limited to, in-car video cameras, radar 21 and laser speed detection devices, and alcohol breath 22 testers. 23 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 24 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 25 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, 26 eff. 7-29-99.) 27 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2) 28 Sec. 11-501.2. Chemical and other tests. 29 (a) Upon the trial of any civil or criminal action or 30 proceeding arising out of an arrest for an offense as defined 31 in Section 11-501 or a similar local ordinance or proceedings 32 pursuant to Section 2-118.1, evidence of the concentration of 33 alcohol, other drug or drugs, or intoxicating compound or HB3292 Engrossed -7- LRB9111651DHcd 1 compounds, or any combination thereof in a person's blood or 2 breath at the time alleged, as determined by analysis of the 3 person's blood, urine, breath or other bodily substance, 4 shall be admissible. Where such test is made the following 5 provisions shall apply: 6 1. Chemical analyses of the person's blood, urine, 7 breath or other bodily substance to be considered valid 8 under the provisions of this Section shall have been 9 performed according to standards promulgated by the 10 Department of Public Health in consultation with the 11 Department of State Police by a licensed physician, 12 registered nurse, trained phlebotomist acting under the 13 direction of a licensed physician, certified paramedic, 14 or other individual possessing a valid permit issued by 15 that Department for this purpose. The Director of the 16 Department of Public Health in consultation with the 17 Department of State Police is authorized to approve 18 satisfactory techniques or methods, to ascertain the 19 qualifications and competence of individuals to conduct 20 such analyses, to issue permits which shall be subject to 21 termination or revocation at the discretion of that 22 Department and to certify the accuracy of breath testing 23 equipment. The Illinois Department of Public Health shall 24 prescribe regulations as necessary to implement this 25 Section. 26 2. When a person in this State shall submit to a 27 blood test at the request of a law enforcement officer 28 under the provisions of Section 11-501.1, only a 29 physician authorized to practice medicine, a registered 30 nurse, trained phlebotomist, or certified paramedic, or 31 other qualified person approved by the Department of 32 Public Health may withdraw blood for the purpose of 33 determining the alcohol, drug, or alcohol and drug 34 content therein. This limitation shall not apply to the HB3292 Engrossed -8- LRB9111651DHcd 1 taking of breath or urine specimens. Upon request by a 2 law enforcement officer, hospital personnel shall 3 withdraw blood and obtain urine samples for the purpose 4 of determining the alcohol or drug content of the 5 person's blood and urine. 6 When a blood test of a person who has been taken to 7 an adjoining state for medical treatment is requested by 8 an Illinois law enforcement officer, the blood may be 9 withdrawn only by a physician authorized to practice 10 medicine in the adjoining state, a registered nurse, a 11 trained phlebotomist acting under the direction of the 12 physician, or certified paramedic. The law enforcement 13 officer requesting the test shall take custody of the 14 blood sample, and the blood sample shall be analyzed by a 15 laboratory certified by the Department of Public Health 16 for that purpose. 17 3. The person tested may have a physician, or a 18 qualified technician, chemist, registered nurse, or other 19 qualified person of their own choosing administer a 20 chemical test or tests in addition to any administered at 21 the direction of a law enforcement officer. The failure 22 or inability to obtain an additional test by a person 23 shall not preclude the admission of evidence relating to 24 the test or tests taken at the direction of a law 25 enforcement officer. 26 4. Upon the request of the person who shall submit 27 to a chemical test or tests at the request of a law 28 enforcement officer, full information concerning the test 29 or tests shall be made available to the person or such 30 person's attorney. 31 5. Alcohol concentration shall mean either grams of 32 alcohol per 100 milliliters of blood or grams of alcohol 33 per 210 liters of breath. 34 (b) Upon the trial of any civil or criminal action or HB3292 Engrossed -9- LRB9111651DHcd 1 proceeding arising out of acts alleged to have been committed 2 by any person while driving or in actual physical control of 3 a vehicle while under the influence of alcohol, the 4 concentration of alcohol in the person's blood or breath at 5 the time alleged as shown by analysis of the person's blood, 6 urine, breath, or other bodily substance shall give rise to 7 the following presumptions: 8 1. If there was at that time an alcohol 9 concentration of 0.05 or less, it shall be presumed that 10 the person was not under the influence of alcohol. 11 2. If there was at that time an alcohol 12 concentration in excess of 0.05 but less than 0.08, such 13 facts shall not give rise to any presumption that the 14 person was or was not under the influence of alcohol, but 15 such fact may be considered with other competent evidence 16 in determining whether the person was under the influence 17 of alcohol. 18 3. If there was at that time an alcohol 19 concentration of 0.08 or more, it shall be presumed that 20 the person was under the influence of alcohol. 21 4. The foregoing provisions of this Section shall 22 not be construed as limiting the introduction of any 23 other relevant evidence bearing upon the question whether 24 the person was under the influence of alcohol. 25 (c) 1. If a person under arrest refuses to submit to a 26 chemical test under the provisions of Section 11-501.1, 27 evidence of refusal shall be admissible in any civil or 28 criminal action or proceeding arising out of acts alleged 29 to have been committed while the person under the 30 influence of alcohol, other drug or drugs, or 31 intoxicating compound or compounds, or any combination 32 thereof was driving or in actual physical control of a 33 motor vehicle. 34 2. Notwithstanding any ability to refuse under this HB3292 Engrossed -10- LRB9111651DHcd 1 Code to submit to these tests or any ability to revoke 2 the implied consent to these tests, if a law enforcement 3 officer has probable cause to believe that a motor 4 vehicle driven by or in actual physical control of a 5 person under the influence of alcohol, other drug or 6 drugs, or intoxicating compound or compounds, or any 7 combination thereof has caused the death or personal 8 injury to another, that person shall submit, upon the 9 request of a law enforcement officer, to a chemical test 10 or tests of his or her blood, breath or urine for the 11 purpose of determining the alcohol content thereof or the 12 presence of any other drug or combination of both. Upon 13 request by a law enforcement officer, hospital personnel 14 shall withdraw blood and obtain urine samples for the 15 purpose of determining the alcohol or drug content of the 16 person's blood and urine. 17 This provision does not affect the applicability of or 18 imposition of driver's license sanctions under Section 19 11-501.1 of this Code. 20 3. For purposes of this Section, a personal injury 21 includes any Type A injury as indicated on the traffic 22 accident report completed by a law enforcement officer 23 that requires immediate professional attention in either 24 a doctor's office or a medical facility. A Type A injury 25 includes severe bleeding wounds, distorted extremities, 26 and injuries that require the injured party to be carried 27 from the scene. 28 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.) 29 (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4) 30 Sec. 11-501.4. Admissibility of chemical tests of blood 31 conducted in the regular course of providing emergency 32 medical treatment. 33 (a) Notwithstanding any other provision of law, the HB3292 Engrossed -11- LRB9111651DHcd 1 results of blood tests performed for the purpose of 2 determining the content of alcohol, other drug or drugs, or 3 intoxicating compound or compounds, or any combination 4 thereof, of an individual's blood conducted upon persons 5 receiving medical treatment in a hospital emergency room are 6 admissible in evidence as a business record exception to the 7 hearsay rule only in prosecutions for any violation of 8 Section 11-501 of this Code or a similar provision of a local 9 ordinance, or in prosecutions for reckless homicide brought 10 under the Criminal Code of 1961, when each of the following 11 criteria are met: 12 (1) the chemical tests performed upon an 13 individual's blood were ordered in the regular course of 14 providing emergency medical treatment and not at the 15 request of law enforcement authorities; 16 (2) the chemical tests performed upon an 17 individual's blood were performed by the laboratory 18 routinely used by the hospital; and 19 (3) results of chemical tests performed upon an 20 individual's blood are admissible into evidence 21 regardless of the time that the records were prepared. 22 (b) The confidentiality provisions of law pertaining to 23 medical records and medical treatment shall not be applicable 24 with regard to chemical tests performed upon an individual's 25 blood under the provisions of this Section in prosecutions as 26 specified in subsection (a) of this Section. No person shall 27 be liable for civil damages as a result of the evidentiary 28 use of chemical testing of an individual's blood test results 29 under this Section, or as a result of that person's testimony 30 made available under this Section. 31 (c) As a result of a blood test taken under this 32 Section, a serum blood alcohol level of .10 or more is prima 33 facie evidence of a violation of Section 11-501(a)(1). 34 (d) Evidence of serum blood alcohol is evidence of HB3292 Engrossed -12- LRB9111651DHcd 1 impairment in a prosecution under Section 11-501(a)(2). 2 (Source: P.A. 90-779, eff. 1-1-99.) 3 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5) 4 Sec. 11-501.5. Preliminary Breath Screening Test. 5 (a) If a law enforcement officer has reasonable 6 suspicion to believe that a person is violating or has 7 violated Section 11-501 or a similar provision of a local 8 ordinance, the officer, prior to an arrest, may request the 9 person to provide a sample of his or her breath for a 10 preliminary breath screening test using a portable device 11 approved by the Department of Public Health. The results of 12 this preliminary breath screening test may be used by the law 13 enforcement officer for the purpose of assisting with the 14 determination of whether to require a chemical test as 15 authorized under Sections 11-501.1 and 11-501.2, and the 16 appropriate type of test to request. Any chemical test 17 authorized under Sections 11-501.1 and 11-501.2 may be 18 requested by the officer regardless of the result of the 19 preliminary breath screening test, if probable cause for an 20 arrest exists. The result of a preliminary breath screening 21 test may be used by the defendant as evidence in any 22 administrative or court proceeding involving a violation of 23 Section 11-501 or 11-501.1. 24 (b) The results of a preliminary breath screening test 25 are admissible by the State during any civil or criminal 26 proceeding challenging a police officer's determination that 27 probable cause existed to arrest the defendant for driving 28 while under the influence of alcohol. Evidence of 29 non-compliance with manufacturer's recommendations shall not 30 affect the admissibility of a preliminary breath screening 31 test at a hearing challenging probable cause. 32 (Source: P.A. 88-169.)