[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB4257
LRB9110372DHgc
1 AN ACT to amend the Illinois Vehicle code by changing
2 Section 11-501.1.
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 11-501.1 as follows:
7 (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
8 Sec. 11-501.1. Suspension of driver's drivers license;
9 statutory summary alcohol, other drug or drugs, or
10 intoxicating compound or compounds related suspension;
11 implied consent.
12 (a) Any person who drives or is in actual physical
13 control of a motor vehicle upon the public highways of this
14 State shall be deemed to have given consent, subject to the
15 provisions of Section 11-501.2, to a chemical test or tests
16 of blood, breath, or urine for the purpose of determining the
17 content of alcohol, other drug or drugs, or intoxicating
18 compound or compounds or any combination thereof in the
19 person's blood if arrested, as evidenced by the issuance of a
20 Uniform Traffic Ticket, for any offense as defined in Section
21 11-501 or a similar provision of a local ordinance. The test
22 or tests shall be administered at the direction of the
23 arresting officer. The law enforcement agency employing the
24 officer shall designate which of the aforesaid tests shall be
25 administered. A urine test may be administered even after a
26 blood or breath test or both has been administered. For
27 purposes of this Section, an Illinois law enforcement officer
28 of this State who is investigating the person for any offense
29 defined in Section 11-501 may travel into an adjoining state,
30 where the person has been transported for medical care, to
31 complete an investigation and to request that the person
-2- LRB9110372DHgc
1 submit to the test or tests set forth in this Section. The
2 requirements of this Section that the person be arrested are
3 inapplicable, but the officer shall issue the person a
4 Uniform Traffic Ticket for an offense as defined in Section
5 11-501 or a similar provision of a local ordinance prior to
6 requesting that the person submit to the test or tests. The
7 issuance of the Uniform Traffic Ticket shall not constitute
8 an arrest, but shall be for the purpose of notifying the
9 person that he or she is subject to the provisions of this
10 Section and of the officer's belief of the existence of
11 probable cause to arrest. Upon returning to this State, the
12 officer shall file the Uniform Traffic Ticket with the
13 Circuit Clerk of the county where the offense was committed,
14 and shall seek the issuance of an arrest warrant or a summons
15 for the person.
16 (b) Any person who is dead, unconscious, or who is
17 otherwise in a condition rendering the person incapable of
18 refusal, shall be deemed not to have withdrawn the consent
19 provided by paragraph (a) of this Section and the test or
20 tests may be administered, subject to the provisions of
21 Section 11-501.2.
22 (c) A person requested to submit to a test as provided
23 above shall be warned by the law enforcement officer
24 requesting the test that a refusal to submit to the test will
25 result in the statutory summary suspension of the person's
26 privilege to operate a motor vehicle as provided in Section
27 6-208.1 of this Code. The person shall also be warned by the
28 law enforcement officer that if the person submits to the
29 test or tests provided in paragraph (a) of this Section and
30 the alcohol concentration in the person's blood or breath is
31 0.08 or greater, or any amount of a drug, substance, or
32 compound resulting from the unlawful use or consumption of
33 cannabis as covered by the Cannabis Control Act, a controlled
34 substance listed in the Illinois Controlled Substances Act,
-3- LRB9110372DHgc
1 or an intoxicating compound listed in the Use of Intoxicating
2 Compounds Act is detected in the person's blood or urine, a
3 statutory summary suspension of the person's privilege to
4 operate a motor vehicle, as provided in Sections 6-208.1 and
5 11-501.1 of this Code, will be imposed.
6 A person who is under the age of 21 at the time the
7 person is requested to submit to a test as provided above
8 shall, in addition to the warnings provided for in this
9 Section, be further warned by the law enforcement officer
10 requesting the test that if the person submits to the test or
11 tests provided in paragraph (a) of this Section and the
12 alcohol concentration in the person's blood or breath is
13 greater than 0.00 and less than 0.08, a suspension of the
14 person's privilege to operate a motor vehicle, as provided
15 under Sections 6-208.2 and 11-501.8 of this Code, will be
16 imposed. The results of this test shall be admissible in a
17 civil or criminal action or proceeding arising from an arrest
18 for an offense as defined in Section 11-501 of this Code or a
19 similar provision of a local ordinance or pursuant to Section
20 11-501.4 in prosecutions for reckless homicide brought under
21 the Criminal Code of 1961. These test results, however, shall
22 be admissible only in actions or proceedings directly related
23 to the incident upon which the test request was made.
24 (d) If the person refuses testing or submits to a test
25 that discloses an alcohol concentration of 0.08 or more, or
26 any amount of a drug, substance, or intoxicating compound in
27 the person's breath, blood, or urine resulting from the
28 unlawful use or consumption of cannabis listed in the
29 Cannabis Control Act, a controlled substance listed in the
30 Illinois Controlled Substances Act, or an intoxicating
31 compound listed in the Use of Intoxicating Compounds Act, the
32 law enforcement officer shall immediately submit a sworn
33 report to the circuit court of venue and the Secretary of
34 State, certifying that the test or tests was or were
-4- LRB9110372DHgc
1 requested under paragraph (a) and the person refused to
2 submit to a test, or tests, or submitted to testing that
3 disclosed an alcohol concentration of 0.08 or more.
4 (e) Upon receipt of the sworn report of a law
5 enforcement officer submitted under paragraph (d), the
6 Secretary of State shall enter the statutory summary
7 suspension for the periods specified in Section 6-208.1, and
8 effective as provided in paragraph (g).
9 If the person is a first offender as defined in Section
10 11-500 of this Code, and is not convicted of a violation of
11 Section 11-501 of this Code or a similar provision of a local
12 ordinance, then reports received by the Secretary of State
13 under this Section shall, except during the actual time the
14 Statutory Summary Suspension is in effect, be privileged
15 information and for use only by the courts, police officers,
16 prosecuting authorities or the Secretary of State.
17 (f) The law enforcement officer submitting the sworn
18 report under paragraph (d) shall serve immediate notice of
19 the statutory summary suspension on the person and the
20 suspension shall be effective as provided in paragraph (g).
21 In cases where the blood alcohol concentration of 0.08 or
22 greater or any amount of a drug, substance, or compound
23 resulting from the unlawful use or consumption of cannabis as
24 covered by the Cannabis Control Act, a controlled substance
25 listed in the Illinois Controlled Substances Act, or an
26 intoxicating compound listed in the Use of Intoxicating
27 Compounds Act is established by a subsequent analysis of
28 blood or urine collected at the time of arrest, the arresting
29 officer or arresting agency shall give notice as provided in
30 this Section or by deposit in the United States mail of the
31 notice in an envelope with postage prepaid and addressed to
32 the person at his address as shown on the Uniform Traffic
33 Ticket and the statutory summary suspension shall begin as
34 provided in paragraph (g). The officer shall confiscate any
-5- LRB9110372DHgc
1 Illinois driver's license or permit on the person at the time
2 of arrest. If the person has a valid driver's license or
3 permit, the officer shall issue the person a receipt, in a
4 form prescribed by the Secretary of State, that will allow
5 that person to drive during the periods provided for in
6 paragraph (g). The officer shall immediately forward the
7 driver's license or permit to the circuit court of venue
8 along with the sworn report provided for in paragraph (d).
9 (g) The statutory summary suspension referred to in this
10 Section shall take effect on the 46th day following the date
11 the notice of the statutory summary suspension was given to
12 the person.
13 (h) The following procedure shall apply whenever a
14 person is arrested for any offense as defined in Section
15 11-501 or a similar provision of a local ordinance:
16 Upon receipt of the sworn report from the law enforcement
17 officer, the Secretary of State shall confirm the statutory
18 summary suspension by mailing a notice of the effective date
19 of the suspension to the person and the court of venue.
20 However, should the sworn report be defective by not
21 containing sufficient information or be completed in error,
22 the confirmation of the statutory summary suspension shall
23 not be mailed to the person or entered to the record;
24 instead, the sworn report shall be forwarded to the court of
25 venue with a copy returned to the issuing agency identifying
26 any defect.
27 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
28 91-357, eff. 7-29-99.)