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91_HB3292ham001
LRB9111651DHksam
1 AMENDMENT TO HOUSE BILL 3292
2 AMENDMENT NO. . Amend House Bill 3292 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Sections 11-501, 11-501.2, 11-501.4, and 11-501.5."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 11-501, 11-501.2, 11-501.4, and 11-501.5 as
10 follows:
11 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
12 Sec. 11-501. Driving while under the influence of
13 alcohol, other drug or drugs, intoxicating compound or
14 compounds or any combination thereof.
15 (a) A person shall not drive or be in actual physical
16 control of any vehicle within this State while:
17 (1) the alcohol concentration in the person's blood
18 or breath is 0.08 or more based on the definition of
19 blood and breath units in Section 11-501.2;
20 (2) under the influence of alcohol;
21 (3) under the influence of any intoxicating
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1 compound or combination of intoxicating compounds to a
2 degree that renders the person incapable of driving
3 safely;
4 (4) under the influence of any other drug or
5 combination of drugs to a degree that renders the person
6 incapable of safely driving;
7 (5) under the combined influence of alcohol, other
8 drug or drugs, or intoxicating compound or compounds to a
9 degree that renders the person incapable of safely
10 driving; or
11 (6) there is any amount of a drug, substance, or
12 compound in the person's breath, blood, or urine
13 resulting from the unlawful use or consumption of
14 cannabis listed in the Cannabis Control Act, a controlled
15 substance listed in the Illinois Controlled Substances
16 Act, or an intoxicating compound listed in the Use of
17 Intoxicating Compounds Act.
18 (b) The fact that any person charged with violating this
19 Section is or has been legally entitled to use alcohol, other
20 drug or drugs, or intoxicating compound or compounds, or any
21 combination thereof, shall not constitute a defense against
22 any charge of violating this Section.
23 (c) Except as provided under paragraphs (c-3) and (d) of
24 this Section, every person convicted of violating this
25 Section or a similar provision of a local ordinance, shall be
26 guilty of a Class A misdemeanor and, in addition to any other
27 criminal or administrative action, for any second conviction
28 of violating this Section or a similar provision of a law of
29 another state or local ordinance committed within 5 years of
30 a previous violation of this Section or a similar provision
31 of a law of another state or a local ordinance shall be
32 mandatorily sentenced to a minimum of 48 consecutive hours of
33 imprisonment or assigned to a minimum of 100 hours of
34 community service as may be determined by the court. Every
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1 person convicted of violating this Section or a similar
2 provision of a local ordinance shall be subject to a
3 mandatory minimum fine of $500 and a mandatory 5 days of
4 community service in a program benefiting children if the
5 person committed a violation of paragraph (a) or a similar
6 provision of a local ordinance while transporting a person
7 under age 16. Every person convicted a second time for
8 violating this Section or a similar provision of a local
9 ordinance within 5 years of a previous violation of this
10 Section or a similar provision of a law of another state or
11 local ordinance shall be subject to a mandatory minimum fine
12 of $500 and 10 days of mandatory community service in a
13 program benefiting children if the current offense was
14 committed while transporting a person under age 16. The
15 imprisonment or assignment under this subsection shall not be
16 subject to suspension nor shall the person be eligible for
17 probation in order to reduce the sentence or assignment.
18 (c-1) (1) A person who violates this Section during a
19 period in which his or her driving privileges are revoked
20 or suspended, where the revocation or suspension was for
21 a violation of this Section, Section 11-501.1, paragraph
22 (b) of Section 11-401, or Section 9-3 of the Criminal
23 Code of 1961 is guilty of a Class 4 felony.
24 (2) A person who violates this Section a third time
25 during a period in which his or her driving privileges
26 are revoked or suspended where the revocation or
27 suspension was for a violation of this Section, Section
28 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
29 of the Criminal Code of 1961 is guilty of a Class 3
30 felony.
31 (3) A person who violates this Section a fourth or
32 subsequent time during a period in which his or her
33 driving privileges are revoked or suspended where the
34 revocation or suspension was for a violation of this
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1 Section, Section 11-501.1, paragraph (b) of Section
2 11-401, or Section 9-3 of the Criminal Code of 1961 is
3 guilty of a Class 2 felony.
4 (c-2) (Blank).
5 (c-3) Every person convicted of violating this Section
6 or a similar provision of a local ordinance who had a child
7 under age 16 in the vehicle at the time of the offense shall
8 have his or her punishment under this Act enhanced by 2 days
9 of imprisonment for a first offense, 10 days of imprisonment
10 for a second offense, 30 days of imprisonment for a third
11 offense, and 90 days of imprisonment for a fourth or
12 subsequent offense, in addition to the fine and community
13 service required under subsection (c) and the possible
14 imprisonment required under subsection (d). The imprisonment
15 or assignment under this subsection shall not be subject to
16 suspension nor shall the person be eligible for probation in
17 order to reduce the sentence or assignment.
18 (d) (1) Every person convicted of committing a violation
19 of this Section shall be guilty of aggravated driving under
20 the influence of alcohol, other drug or drugs, or
21 intoxicating compound or compounds, or any combination
22 thereof if:
23 (A) the person committed a violation of this
24 Section, or a similar provision of a law of another state
25 or a local ordinance when the cause of action is the same
26 as or substantially similar to this Section, for the
27 third or subsequent time;
28 (B) the person committed a violation of paragraph
29 (a) while driving a school bus with children on board;
30 (C) the person in committing a violation of
31 paragraph (a) was involved in a motor vehicle accident
32 that resulted in great bodily harm or permanent
33 disability or disfigurement to another, when the
34 violation was a proximate cause of the injuries; or
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1 (D) the person committed a violation of paragraph
2 (a) for a second time and has been previously convicted
3 of violating Section 9-3 of the Criminal Code of 1961
4 relating to reckless homicide in which the person was
5 determined to have been under the influence of alcohol,
6 other drug or drugs, or intoxicating compound or
7 compounds as an element of the offense or the person has
8 previously been convicted under subparagraph (C) of this
9 paragraph (1).
10 (2) Aggravated driving under the influence of alcohol,
11 other drug or drugs, or intoxicating compound or compounds,
12 or any combination thereof is a Class 4 felony. for which A
13 person, if sentenced to a term of imprisonment, shall be
14 sentenced to not less than one year and not more than 3 years
15 for a violation of subparagraph (C) (A), (B) or (D) of
16 paragraph (1) of this subsection (d) shall be sentenced to
17 and not less than one year and not more than 12 years for a
18 violation of subparagraph (C) of paragraph (1) of this
19 subsection (d). For any prosecution under this subsection
20 (d), a certified copy of the driving abstract of the
21 defendant shall be admitted as proof of any prior conviction.
22 (e) After a finding of guilt and prior to any final
23 sentencing, or an order for supervision, for an offense based
24 upon an arrest for a violation of this Section or a similar
25 provision of a local ordinance, individuals shall be required
26 to undergo a professional evaluation to determine if an
27 alcohol, drug, or intoxicating compound abuse problem exists
28 and the extent of the problem. Programs conducting these
29 evaluations shall be licensed by the Department of Human
30 Services. The cost of any professional evaluation shall be
31 paid for by the individual required to undergo the
32 professional evaluation.
33 (f) Every person found guilty of violating this Section,
34 whose operation of a motor vehicle while in violation of this
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1 Section proximately caused any incident resulting in an
2 appropriate emergency response, shall be liable for the
3 expense of an emergency response as provided under Section
4 5-5-3 of the Unified Code of Corrections.
5 (g) The Secretary of State shall revoke the driving
6 privileges of any person convicted under this Section or a
7 similar provision of a local ordinance.
8 (h) Every person sentenced under subsection (d) of this
9 Section and who receives a term of probation or conditional
10 discharge shall be required to serve a minimum term of either
11 30 days community service or, beginning July 1, 1993, 48
12 consecutive hours of imprisonment as a condition of the
13 probation or conditional discharge. This mandatory minimum
14 term of imprisonment or assignment of community service shall
15 not be suspended and shall not be subject to reduction by the
16 court.
17 (i) The Secretary of State may use ignition interlock
18 device requirements when granting driving relief to
19 individuals who have been arrested for a second or subsequent
20 offense of this Section or a similar provision of a local
21 ordinance. The Secretary shall establish by rule and
22 regulation the procedures for use of the interlock system.
23 (j) In addition to any other penalties and liabilities,
24 a person who is found guilty of violating this Section shall
25 be fined $100, payable to the circuit clerk, who shall
26 distribute the money to the law enforcement agency that made
27 the arrest. In the event that more than one agency is
28 responsible for the arrest, the $100 shall be shared equally.
29 Any moneys received by a law enforcement agency under this
30 subsection (j) shall be used to purchase law enforcement
31 equipment that will assist in the prevention of alcohol
32 related criminal violence throughout the State. This shall
33 include, but is not limited to, in-car video cameras, radar
34 and laser speed detection devices, and alcohol breath
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1 testers.
2 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
3 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
4 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
5 eff. 7-29-99.)
6 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
7 Sec. 11-501.2. Chemical and other tests.
8 (a) Upon the trial of any civil or criminal action or
9 proceeding arising out of an arrest for an offense as defined
10 in Section 11-501 or a similar local ordinance or proceedings
11 pursuant to Section 2-118.1, evidence of the concentration of
12 alcohol, other drug or drugs, or intoxicating compound or
13 compounds, or any combination thereof in a person's blood or
14 breath at the time alleged, as determined by analysis of the
15 person's blood, urine, breath or other bodily substance,
16 shall be admissible. Where such test is made the following
17 provisions shall apply:
18 1. Chemical analyses of the person's blood, urine,
19 breath or other bodily substance to be considered valid
20 under the provisions of this Section shall have been
21 performed according to standards promulgated by the
22 Department of Public Health in consultation with the
23 Department of State Police by a licensed physician,
24 registered nurse, trained phlebotomist acting under the
25 direction of a licensed physician, certified paramedic,
26 or other individual possessing a valid permit issued by
27 that Department for this purpose. The Director of the
28 Department of Public Health in consultation with the
29 Department of State Police is authorized to approve
30 satisfactory techniques or methods, to ascertain the
31 qualifications and competence of individuals to conduct
32 such analyses, to issue permits which shall be subject to
33 termination or revocation at the discretion of that
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1 Department and to certify the accuracy of breath testing
2 equipment. The Illinois Department of Public Health shall
3 prescribe regulations as necessary to implement this
4 Section.
5 2. When a person in this State shall submit to a
6 blood test at the request of a law enforcement officer
7 under the provisions of Section 11-501.1, only a
8 physician authorized to practice medicine, a registered
9 nurse, trained phlebotomist, or certified paramedic, or
10 other qualified person approved by the Department of
11 Public Health may withdraw blood for the purpose of
12 determining the alcohol, drug, or alcohol and drug
13 content therein. This limitation shall not apply to the
14 taking of breath or urine specimens. Upon request by a
15 law enforcement officer, hospital personnel shall
16 withdraw blood and obtain urine samples for the purpose
17 of determining the alcohol or drug content of the
18 person's blood and urine.
19 When a blood test of a person who has been taken to
20 an adjoining state for medical treatment is requested by
21 an Illinois law enforcement officer, the blood may be
22 withdrawn only by a physician authorized to practice
23 medicine in the adjoining state, a registered nurse, a
24 trained phlebotomist acting under the direction of the
25 physician, or certified paramedic. The law enforcement
26 officer requesting the test shall take custody of the
27 blood sample, and the blood sample shall be analyzed by a
28 laboratory certified by the Department of Public Health
29 for that purpose.
30 3. The person tested may have a physician, or a
31 qualified technician, chemist, registered nurse, or other
32 qualified person of their own choosing administer a
33 chemical test or tests in addition to any administered at
34 the direction of a law enforcement officer. The failure
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1 or inability to obtain an additional test by a person
2 shall not preclude the admission of evidence relating to
3 the test or tests taken at the direction of a law
4 enforcement officer.
5 4. Upon the request of the person who shall submit
6 to a chemical test or tests at the request of a law
7 enforcement officer, full information concerning the test
8 or tests shall be made available to the person or such
9 person's attorney.
10 5. Alcohol concentration shall mean either grams of
11 alcohol per 100 milliliters of blood or grams of alcohol
12 per 210 liters of breath.
13 (b) Upon the trial of any civil or criminal action or
14 proceeding arising out of acts alleged to have been committed
15 by any person while driving or in actual physical control of
16 a vehicle while under the influence of alcohol, the
17 concentration of alcohol in the person's blood or breath at
18 the time alleged as shown by analysis of the person's blood,
19 urine, breath, or other bodily substance shall give rise to
20 the following presumptions:
21 1. If there was at that time an alcohol
22 concentration of 0.05 or less, it shall be presumed that
23 the person was not under the influence of alcohol.
24 2. If there was at that time an alcohol
25 concentration in excess of 0.05 but less than 0.08, such
26 facts shall not give rise to any presumption that the
27 person was or was not under the influence of alcohol, but
28 such fact may be considered with other competent evidence
29 in determining whether the person was under the influence
30 of alcohol.
31 3. If there was at that time an alcohol
32 concentration of 0.08 or more, it shall be presumed that
33 the person was under the influence of alcohol.
34 4. The foregoing provisions of this Section shall
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1 not be construed as limiting the introduction of any
2 other relevant evidence bearing upon the question whether
3 the person was under the influence of alcohol.
4 (c) 1. If a person under arrest refuses to submit to a
5 chemical test under the provisions of Section 11-501.1,
6 evidence of refusal shall be admissible in any civil or
7 criminal action or proceeding arising out of acts alleged
8 to have been committed while the person under the
9 influence of alcohol, other drug or drugs, or
10 intoxicating compound or compounds, or any combination
11 thereof was driving or in actual physical control of a
12 motor vehicle.
13 2. Notwithstanding any ability to refuse under this
14 Code to submit to these tests or any ability to revoke
15 the implied consent to these tests, if a law enforcement
16 officer has probable cause to believe that a motor
17 vehicle driven by or in actual physical control of a
18 person under the influence of alcohol, other drug or
19 drugs, or intoxicating compound or compounds, or any
20 combination thereof has caused the death or personal
21 injury to another, that person shall submit, upon the
22 request of a law enforcement officer, to a chemical test
23 or tests of his or her blood, breath or urine for the
24 purpose of determining the alcohol content thereof or the
25 presence of any other drug or combination of both. Upon
26 request by a law enforcement officer, hospital personnel
27 shall withdraw blood and obtain urine samples for the
28 purpose of determining the alcohol or drug content of the
29 person's blood and urine.
30 This provision does not affect the applicability of or
31 imposition of driver's license sanctions under Section
32 11-501.1 of this Code.
33 3. For purposes of this Section, a personal injury
34 includes any Type A injury as indicated on the traffic
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1 accident report completed by a law enforcement officer
2 that requires immediate professional attention in either
3 a doctor's office or a medical facility. A Type A injury
4 includes severe bleeding wounds, distorted extremities,
5 and injuries that require the injured party to be carried
6 from the scene.
7 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
8 (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
9 Sec. 11-501.4. Admissibility of chemical tests of blood
10 conducted in the regular course of providing emergency
11 medical treatment.
12 (a) Notwithstanding any other provision of law, the
13 results of blood tests performed for the purpose of
14 determining the content of alcohol, other drug or drugs, or
15 intoxicating compound or compounds, or any combination
16 thereof, of an individual's blood conducted upon persons
17 receiving medical treatment in a hospital emergency room are
18 admissible in evidence as a business record exception to the
19 hearsay rule only in prosecutions for any violation of
20 Section 11-501 of this Code or a similar provision of a local
21 ordinance, or in prosecutions for reckless homicide brought
22 under the Criminal Code of 1961, when each of the following
23 criteria are met:
24 (1) the chemical tests performed upon an
25 individual's blood were ordered in the regular course of
26 providing emergency medical treatment and not at the
27 request of law enforcement authorities;
28 (2) the chemical tests performed upon an
29 individual's blood were performed by the laboratory
30 routinely used by the hospital; and
31 (3) results of chemical tests performed upon an
32 individual's blood are admissible into evidence
33 regardless of the time that the records were prepared.
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1 (b) The confidentiality provisions of law pertaining to
2 medical records and medical treatment shall not be applicable
3 with regard to chemical tests performed upon an individual's
4 blood under the provisions of this Section in prosecutions as
5 specified in subsection (a) of this Section. No person shall
6 be liable for civil damages as a result of the evidentiary
7 use of chemical testing of an individual's blood test results
8 under this Section, or as a result of that person's testimony
9 made available under this Section.
10 (c) As a result of a blood test taken under this
11 Section, a serum blood alcohol level of .10 or more is prima
12 facie evidence of a violation of Section 11-501(a)(1).
13 (d) Evidence of serum blood alcohol is evidence of
14 impairment in a prosecution under Section 11-501(a)(2).
15 (Source: P.A. 90-779, eff. 1-1-99.)
16 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
17 Sec. 11-501.5. Preliminary Breath Screening Test.
18 (a) If a law enforcement officer has reasonable
19 suspicion to believe that a person is violating or has
20 violated Section 11-501 or a similar provision of a local
21 ordinance, the officer, prior to an arrest, may request the
22 person to provide a sample of his or her breath for a
23 preliminary breath screening test using a portable device
24 approved by the Department of Public Health. The results of
25 this preliminary breath screening test may be used by the law
26 enforcement officer for the purpose of assisting with the
27 determination of whether to require a chemical test as
28 authorized under Sections 11-501.1 and 11-501.2, and the
29 appropriate type of test to request. Any chemical test
30 authorized under Sections 11-501.1 and 11-501.2 may be
31 requested by the officer regardless of the result of the
32 preliminary breath screening test, if probable cause for an
33 arrest exists. The result of a preliminary breath screening
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1 test may be used by the defendant as evidence in any
2 administrative or court proceeding involving a violation of
3 Section 11-501 or 11-501.1.
4 (b) The results of a preliminary breath screening test
5 are admissible by the State during any civil or criminal
6 proceeding challenging a police officer's determination that
7 probable cause existed to arrest the defendant for driving
8 while under the influence of alcohol. Evidence of
9 non-compliance with manufacturer's recommendations shall not
10 affect the admissibility of a preliminary breath screening
11 test at a hearing challenging probable cause.
12 (Source: P.A. 88-169.)".