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91_HB4238eng HB4238 Engrossed 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 asuchtest 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 HB4238 Engrossed -2- LRB9112079DHmb 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 HB4238 Engrossed -3- LRB9112079DHmb 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 HB4238 Engrossed -4- LRB9112079DHmb 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 HB4238 Engrossed -5- LRB9112079DHmb 1 from the scene. 2 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)