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91_HB4238
LRB9112079DHmb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 11-501.2.
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 Section 11-501.2 as follows:
7 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
8 Sec. 11-501.2. Chemical and other tests.
9 (a) Upon the trial of any civil or criminal action or
10 proceeding arising out of an arrest for an offense as defined
11 in Section 11-501 or a similar local ordinance or proceedings
12 pursuant to Section 2-118.1, evidence of the concentration of
13 alcohol, other drug or drugs, or intoxicating compound or
14 compounds, or any combination thereof in a person's blood or
15 breath at the time alleged, as determined by analysis of the
16 person's blood, urine, breath, or other bodily substance,
17 shall be admissible. Where a such test of any bodily
18 substance is made the following provisions shall apply:
19 1. Chemical analyses of the person's blood, urine,
20 breath or other bodily substance to be considered valid
21 under the provisions of this Section shall have been
22 performed according to standards promulgated by the
23 Department of Public Health in consultation with the
24 Department of State Police by a licensed physician,
25 registered nurse, trained phlebotomist acting under the
26 direction of a licensed physician, certified paramedic,
27 or other individual possessing a valid permit issued by
28 that Department for this purpose. The Director of the
29 Department of Public Health in consultation with the
30 Department of State Police is authorized to approve
31 satisfactory techniques or methods, to ascertain the
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1 qualifications and competence of individuals to conduct
2 such analyses, to issue permits which shall be subject to
3 termination or revocation at the discretion of that
4 Department and to certify the accuracy of breath testing
5 equipment. The Illinois Department of Public Health shall
6 prescribe regulations as necessary to implement this
7 Section.
8 2. When a person in this State shall submit to a
9 blood test at the request of a law enforcement officer
10 under the provisions of Section 11-501.1, only a
11 physician authorized to practice medicine, a registered
12 nurse, trained phlebotomist, or certified paramedic, or
13 other qualified person approved by the Department of
14 Public Health may withdraw blood for the purpose of
15 determining the alcohol, drug, or alcohol and drug
16 content therein. This limitation shall not apply to the
17 taking of breath or urine specimens.
18 When a blood test of a person who has been taken to
19 an adjoining state for medical treatment is requested by
20 an Illinois law enforcement officer, the blood may be
21 withdrawn only by a physician authorized to practice
22 medicine in the adjoining state, a registered nurse, a
23 trained phlebotomist acting under the direction of the
24 physician, or certified paramedic. The law enforcement
25 officer requesting the test shall take custody of the
26 blood sample, and the blood sample shall be analyzed by a
27 laboratory certified by the Department of Public Health
28 for that purpose.
29 3. The person tested may have a physician, or a
30 qualified technician, chemist, registered nurse, or other
31 qualified person of their own choosing administer a
32 chemical test or tests in addition to any administered at
33 the direction of a law enforcement officer. The failure
34 or inability to obtain an additional test by a person
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1 shall not preclude the admission of evidence relating to
2 the test or tests taken at the direction of a law
3 enforcement officer.
4 4. Upon the request of the person who shall submit
5 to a chemical test or tests at the request of a law
6 enforcement officer, full information concerning the test
7 or tests shall be made available to the person or such
8 person's attorney.
9 5. Alcohol concentration shall mean either grams of
10 alcohol per 100 milliliters of blood or grams of alcohol
11 per 210 liters of breath.
12 (b) Upon the trial of any civil or criminal action or
13 proceeding arising out of acts alleged to have been committed
14 by any person while driving or in actual physical control of
15 a vehicle while under the influence of alcohol, the
16 concentration of alcohol in the person's blood or breath at
17 the time alleged as shown by analysis of the person's blood,
18 urine, breath, or other bodily substance shall give rise to
19 the following presumptions:
20 1. If there was at that time an alcohol
21 concentration of 0.05 or less, it shall be presumed that
22 the person was not under the influence of alcohol.
23 2. If there was at that time an alcohol
24 concentration in excess of 0.05 but less than 0.08, such
25 facts shall not give rise to any presumption that the
26 person was or was not under the influence of alcohol, but
27 such fact may be considered with other competent evidence
28 in determining whether the person was under the influence
29 of alcohol.
30 3. If there was at that time an alcohol
31 concentration of 0.08 or more, it shall be presumed that
32 the person was under the influence of alcohol.
33 4. The foregoing provisions of this Section shall
34 not be construed as limiting the introduction of any
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1 other relevant evidence bearing upon the question whether
2 the person was under the influence of alcohol.
3 (c) 1. If a person under arrest refuses to submit to a
4 chemical test under the provisions of Section 11-501.1,
5 evidence of refusal shall be admissible in any civil or
6 criminal action or proceeding arising out of acts alleged
7 to have been committed while the person under the
8 influence of alcohol, other drug or drugs, or
9 intoxicating compound or compounds, or any combination
10 thereof was driving or in actual physical control of a
11 motor vehicle.
12 2. Notwithstanding any ability to refuse under this
13 Code to submit to these tests or any ability to revoke
14 the implied consent to these tests, if a law enforcement
15 officer has probable cause to believe that a motor
16 vehicle driven by or in actual physical control of a
17 person under the influence of alcohol, other drug or
18 drugs, or intoxicating compound or compounds, or any
19 combination thereof has caused the death or personal
20 injury to another, that person shall submit, upon the
21 request of a law enforcement officer, to a chemical test
22 or tests of his or her blood, breath or urine for the
23 purpose of determining the alcohol content thereof or the
24 presence of any other drug or combination of both.
25 This provision does not affect the applicability of or
26 imposition of driver's license sanctions under Section
27 11-501.1 of this Code.
28 3. For purposes of this Section, a personal injury
29 includes any Type A injury as indicated on the traffic
30 accident report completed by a law enforcement officer
31 that requires immediate professional attention in either
32 a doctor's office or a medical facility. A Type A injury
33 includes severe bleeding wounds, distorted extremities,
34 and injuries that require the injured party to be carried
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1 from the scene.
2 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)