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91_HB4691
LRB9112063DHtm
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 11-501.1 11-501.2, 11-501.4, 11-501.4-1, and
3 11-501.6.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Vehicle Code is amended by
7 changing Sections 11-501.1, 11-501.2, 11-501.4, 11-501.4-1,
8 and 11-501.6 as follows:
9 (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
10 Sec. 11-501.1. Suspension of drivers license; statutory
11 summary alcohol, other drug or drugs, or intoxicating
12 compound or compounds related suspension; implied consent.
13 (a) Any person who drives or is in actual physical
14 control of a motor vehicle upon the public highways of this
15 State shall be deemed to have given consent, subject to the
16 provisions of Section 11-501.2, to a chemical test or tests
17 of blood, breath, or urine for the purpose of determining the
18 content of alcohol, other drug or drugs, or intoxicating
19 compound or compounds or any combination thereof in the
20 person's blood if arrested, as evidenced by the issuance of a
21 Uniform Traffic Ticket, for any offense as defined in Section
22 11-501 or a similar provision of a local ordinance. The test
23 or tests shall be administered at the direction of the
24 arresting officer. The law enforcement agency employing the
25 officer shall designate which of the aforesaid tests shall be
26 administered. A urine test may be administered even after a
27 blood or breath test or both has been administered. For
28 purposes of this Section, an Illinois law enforcement officer
29 of this State who is investigating the person for any offense
30 defined in Section 11-501 may travel into an adjoining state,
31 where the person has been transported for medical care, to
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1 complete an investigation and to request that the person
2 submit to the test or tests set forth in this Section. The
3 requirements of this Section that the person be arrested are
4 inapplicable, but the officer shall issue the person a
5 Uniform Traffic Ticket for an offense as defined in Section
6 11-501 or a similar provision of a local ordinance prior to
7 requesting that the person submit to the test or tests. The
8 issuance of the Uniform Traffic Ticket shall not constitute
9 an arrest, but shall be for the purpose of notifying the
10 person that he or she is subject to the provisions of this
11 Section and of the officer's belief of the existence of
12 probable cause to arrest. Upon returning to this State, the
13 officer shall file the Uniform Traffic Ticket with the
14 Circuit Clerk of the county where the offense was committed,
15 and shall seek the issuance of an arrest warrant or a summons
16 for the person.
17 (b) Any person who is dead, unconscious, or who is
18 otherwise in a condition rendering the person incapable of
19 refusal, shall be deemed not to have withdrawn the consent
20 provided by paragraph (a) of this Section and the test or
21 tests may be administered, subject to the provisions of
22 Section 11-501.2.
23 (c) A person requested to submit to a test as provided
24 above shall be warned by the law enforcement officer
25 requesting the test that a refusal to submit to the test will
26 result in the statutory summary suspension of the person's
27 privilege to operate a motor vehicle as provided in Section
28 6-208.1 of this Code. The person shall also be warned by the
29 law enforcement officer that if the person submits to the
30 test or tests provided in paragraph (a) of this Section and
31 the alcohol concentration in the person's blood or breath is
32 0.08 or greater, or any amount of a drug, substance, or
33 compound resulting from the unlawful use or consumption of
34 cannabis as covered by the Cannabis Control Act, a controlled
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1 substance listed in the Illinois Controlled Substances Act,
2 or an intoxicating compound listed in the Use of Intoxicating
3 Compounds Act is detected in the person's blood or urine, a
4 statutory summary suspension of the person's privilege to
5 operate a motor vehicle, as provided in Sections 6-208.1 and
6 11-501.1 of this Code, will be imposed.
7 A person who is under the age of 21 at the time the
8 person is requested to submit to a test as provided above
9 shall, in addition to the warnings provided for in this
10 Section, be further warned by the law enforcement officer
11 requesting the test that if the person submits to the test or
12 tests provided in paragraph (a) of this Section and the
13 alcohol concentration in the person's blood or breath is
14 greater than 0.00 and less than 0.08, a suspension of the
15 person's privilege to operate a motor vehicle, as provided
16 under Sections 6-208.2 and 11-501.8 of this Code, will be
17 imposed. The results of this test shall be admissible in a
18 civil or criminal action or proceeding arising from an arrest
19 for an offense as defined in Section 11-501 of this Code or a
20 similar provision of a local ordinance or pursuant to Section
21 11-501.4 in prosecutions for reckless homicide brought under
22 the Criminal Code of 1961. These test results, however, shall
23 be admissible only in actions or proceedings directly related
24 to the incident upon which the test request was made.
25 (d) If the person refuses testing or submits to a test
26 that discloses an alcohol concentration of 0.08 or more, or
27 any amount of a drug, substance, or intoxicating compound in
28 the person's breath, blood, or urine resulting from the
29 unlawful use or consumption of cannabis listed in the
30 Cannabis Control Act, a controlled substance listed in the
31 Illinois Controlled Substances Act, or an intoxicating
32 compound listed in the Use of Intoxicating Compounds Act, the
33 law enforcement officer shall immediately submit a sworn
34 report to the circuit court of venue and the Secretary of
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1 State, certifying that the test or tests was or were
2 requested under paragraph (a) and the person refused to
3 submit to a test, or tests, or submitted to testing that
4 disclosed an alcohol concentration of 0.08 or more.
5 (e) Upon receipt of the sworn report of a law
6 enforcement officer submitted under paragraph (d), the
7 Secretary of State shall enter the statutory summary
8 suspension for the periods specified in Section 6-208.1, and
9 effective as provided in paragraph (g).
10 If the person is a first offender as defined in Section
11 11-500 of this Code, and is not convicted of a violation of
12 Section 11-501 of this Code or a similar provision of a local
13 ordinance, then reports received by the Secretary of State
14 under this Section shall, except during the actual time the
15 Statutory Summary Suspension is in effect, be privileged
16 information and for use only by the courts, police officers,
17 prosecuting authorities or the Secretary of State.
18 (f) The law enforcement officer submitting the sworn
19 report under paragraph (d) shall serve immediate notice of
20 the statutory summary suspension on the person and the
21 suspension shall be effective as provided in paragraph (g).
22 In cases where the blood alcohol concentration of 0.08 or
23 greater or any amount of a drug, substance, or compound
24 resulting from the unlawful use or consumption of cannabis as
25 covered by the Cannabis Control Act, a controlled substance
26 listed in the Illinois Controlled Substances Act, or an
27 intoxicating compound listed in the Use of Intoxicating
28 Compounds Act is established by a subsequent analysis of
29 blood or urine collected at the time of arrest, the arresting
30 officer or arresting agency shall give notice as provided in
31 this Section or by deposit in the United States mail of the
32 notice in an envelope with postage prepaid and addressed to
33 the person at his address as shown on the Uniform Traffic
34 Ticket and the statutory summary suspension shall begin as
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1 provided in paragraph (g). The officer shall confiscate any
2 Illinois driver's license or permit on the person at the time
3 of arrest. If the person has a valid driver's license or
4 permit, the officer shall issue the person a receipt, in a
5 form prescribed by the Secretary of State, that will allow
6 that person to drive during the periods provided for in
7 paragraph (g). The officer shall immediately forward the
8 driver's license or permit to the circuit court of venue
9 along with the sworn report provided for in paragraph (d).
10 (g) The statutory summary suspension referred to in this
11 Section shall take effect on the 46th day following the date
12 the notice of the statutory summary suspension was given to
13 the person.
14 (h) The following procedure shall apply whenever a
15 person is arrested for any offense as defined in Section
16 11-501 or a similar provision of a local ordinance:
17 Upon receipt of the sworn report from the law enforcement
18 officer, the Secretary of State shall confirm the statutory
19 summary suspension by mailing a notice of the effective date
20 of the suspension to the person and the court of venue.
21 However, should the sworn report be defective by not
22 containing sufficient information or be completed in error,
23 the confirmation of the statutory summary suspension shall
24 not be mailed to the person or entered to the record;
25 instead, the sworn report shall be forwarded to the court of
26 venue with a copy returned to the issuing agency identifying
27 any defect.
28 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
29 91-357, eff. 7-29-99.)
30 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
31 Sec. 11-501.2. Chemical and other tests.
32 (a) Upon the trial of any civil or criminal action or
33 proceeding arising out of an arrest for an offense as defined
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1 in Section 11-501 or a similar local ordinance or proceedings
2 pursuant to Section 2-118.1, evidence of the concentration of
3 alcohol, other drug or drugs, or intoxicating compound or
4 compounds, or any combination thereof in a person's blood or
5 breath at the time alleged, as determined by analysis of the
6 person's blood, urine, breath or other bodily substance,
7 shall be admissible. Where such test is made the following
8 provisions shall apply:
9 1. Chemical analyses of the person's blood, urine,
10 breath or other bodily substance to be considered valid
11 under the provisions of this Section shall have been
12 performed according to standards promulgated by the
13 Department of Public Health in consultation with the
14 Department of State Police by a licensed physician,
15 registered nurse, trained phlebotomist acting under the
16 direction of a licensed physician, certified paramedic,
17 or other individual possessing a valid permit issued by
18 that Department for this purpose. The Director of the
19 Department of Public Health in consultation with the
20 Department of State Police is authorized to approve
21 satisfactory techniques or methods, to ascertain the
22 qualifications and competence of individuals to conduct
23 such analyses, to issue permits which shall be subject to
24 termination or revocation at the discretion of that
25 Department and to certify the accuracy of breath testing
26 equipment. The Illinois Department of Public Health shall
27 prescribe regulations as necessary to implement this
28 Section.
29 2. When a person in this State shall submit to a
30 blood test at the request of a law enforcement officer
31 under the provisions of Section 11-501.1, only a
32 physician authorized to practice medicine, a registered
33 nurse, trained phlebotomist, or certified paramedic, or
34 other qualified person approved by the Department of
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1 Public Health may withdraw blood for the purpose of
2 determining the alcohol, drug, or alcohol and drug
3 content therein. This limitation shall not apply to the
4 taking of breath or urine specimens.
5 When a blood test of a person who has been taken to
6 an adjoining state for medical treatment is requested by
7 an Illinois law enforcement officer, the blood may be
8 withdrawn only by a physician authorized to practice
9 medicine in the adjoining state, a registered nurse, a
10 trained phlebotomist acting under the direction of the
11 physician, or certified paramedic. The law enforcement
12 officer requesting the test shall take custody of the
13 blood sample, and the blood sample shall be analyzed by a
14 laboratory certified by the Department of Public Health
15 for that purpose.
16 3. The person tested may have a physician, or a
17 qualified technician, chemist, registered nurse, or other
18 qualified person of their own choosing administer a
19 chemical test or tests in addition to any administered at
20 the direction of a law enforcement officer. The failure
21 or inability to obtain an additional test by a person
22 shall not preclude the admission of evidence relating to
23 the test or tests taken at the direction of a law
24 enforcement officer.
25 4. Upon the request of the person who shall submit
26 to a chemical test or tests at the request of a law
27 enforcement officer, full information concerning the test
28 or tests shall be made available to the person or such
29 person's attorney.
30 5. Alcohol concentration shall mean either grams of
31 alcohol per 100 milliliters of blood, grams of alcohol
32 per 84.7 milliliters of blood serum, or grams of alcohol
33 per 210 liters of breath.
34 (b) Upon the trial of any civil or criminal action or
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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, blood serum,
5 or breath at the time alleged as shown by analysis of the
6 person's blood, urine, breath, or other bodily substance
7 shall give rise to 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
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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, blood serum, breath, or
11 urine for the purpose of determining the alcohol content
12 thereof or the presence of any other drug or combination
13 of both.
14 This provision does not affect the applicability of or
15 imposition of driver's license sanctions under Section
16 11-501.1 of this Code.
17 3. For purposes of this Section, a personal injury
18 includes any Type A injury as indicated on the traffic
19 accident report completed by a law enforcement officer
20 that requires immediate professional attention in either
21 a doctor's office or a medical facility. A Type A injury
22 includes severe bleeding wounds, distorted extremities,
23 and injuries that require the injured party to be carried
24 from the scene.
25 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
26 (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
27 Sec. 11-501.4. Admissibility of chemical tests of blood
28 conducted in the regular course of providing emergency
29 medical treatment.
30 (a) Notwithstanding any other provision of law, the
31 results of blood tests performed for the purpose of
32 determining the content of alcohol, other drug or drugs, or
33 intoxicating compound or compounds, or any combination
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1 thereof, of an individual's blood or blood serum conducted
2 upon persons receiving medical treatment in a hospital
3 emergency room are admissible in evidence as a business
4 record exception to the hearsay rule only in prosecutions for
5 any violation of Section 11-501 of this Code or a similar
6 provision of a local ordinance, or in prosecutions for
7 reckless homicide brought under the Criminal Code of 1961,
8 when each of the following criteria are met:
9 (1) the chemical tests performed upon an
10 individual's blood were ordered in the regular course of
11 providing emergency medical treatment and not at the
12 request of law enforcement authorities;
13 (2) the chemical tests performed upon an
14 individual's blood were performed by the laboratory
15 routinely used by the hospital; and
16 (3) results of chemical tests performed upon an
17 individual's blood are admissible into evidence
18 regardless of the time that the records were prepared.
19 (b) The confidentiality provisions of law pertaining to
20 medical records and medical treatment shall not be applicable
21 with regard to chemical tests performed upon an individual's
22 blood under the provisions of this Section in prosecutions as
23 specified in subsection (a) of this Section. No person shall
24 be liable for civil damages as a result of the evidentiary
25 use of chemical testing of an individual's blood test results
26 under this Section, or as a result of that person's testimony
27 made available under this Section.
28 (Source: P.A. 90-779, eff. 1-1-99.)
29 (625 ILCS 5/11-501.4-1)
30 Sec. 11-501.4-1. Reporting of test results of blood or
31 urine conducted in the regular course of providing emergency
32 medical treatment.
33 (a) Notwithstanding any other provision of law, the
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1 results of blood or urine 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, in an individual's blood, blood serum, or urine
5 conducted upon persons receiving medical treatment in a
6 hospital emergency room for injuries resulting from a motor
7 vehicle accident shall be disclosed to the Department of
8 State Police or local law enforcement agencies of
9 jurisdiction, upon request. Such blood or urine tests are
10 admissible in evidence as a business record exception to the
11 hearsay rule only in prosecutions for any violation of
12 Section 11-501 of this Code or a similar provision of a local
13 ordinance, or in prosecutions for reckless homicide brought
14 under the Criminal Code of 1961.
15 (b) The confidentiality provisions of law pertaining to
16 medical records and medical treatment shall not be applicable
17 with regard to tests performed upon an individual's blood or
18 urine under the provisions of subsection (a) of this Section.
19 No person shall be liable for civil damages or professional
20 discipline as a result of the disclosure or reporting of the
21 tests or the evidentiary use of an individual's blood or
22 urine test results under this Section or Section 11-501.4 or
23 as a result of that person's testimony made available under
24 this Section or Section 11-501.4, except for willful or
25 wanton misconduct.
26 (Source: P.A. 90-779, eff. 1-1-99; 91-125, eff. 1-1-00.)
27 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
28 Sec. 11-501.6. Driver involvement in personal injury or
29 fatal motor vehicle accident - chemical test.
30 (a) Any person who drives or is in actual control of a
31 motor vehicle upon the public highways of this State and who
32 has been involved in a personal injury or fatal motor vehicle
33 accident, shall be deemed to have given consent to a breath
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1 test using a portable device as approved by the Department of
2 Public Health or to a chemical test or tests of blood,
3 breath, or urine for the purpose of determining the content
4 of alcohol, other drug or drugs, or intoxicating compound or
5 compounds of such person's blood or blood serum if arrested
6 as evidenced by the issuance of a Uniform Traffic Ticket for
7 any violation of the Illinois Vehicle Code or a similar
8 provision of a local ordinance, with the exception of
9 equipment violations contained in Chapter 12 of this Code, or
10 similar provisions of local ordinances. The test or tests
11 shall be administered at the direction of the arresting
12 officer. The law enforcement agency employing the officer
13 shall designate which of the aforesaid tests shall be
14 administered. A urine test may be administered even after a
15 blood or breath test or both has been administered.
16 Compliance with this Section does not relieve such person
17 from the requirements of Section 11-501.1 of this Code.
18 (b) Any person who is dead, unconscious or who is
19 otherwise in a condition rendering such person incapable of
20 refusal shall be deemed not to have withdrawn the consent
21 provided by subsection (a) of this Section. In addition, if
22 a driver of a vehicle is receiving medical treatment as a
23 result of a motor vehicle accident, any physician licensed to
24 practice medicine, registered nurse or a phlebotomist acting
25 under the direction of a licensed physician shall withdraw
26 blood for testing purposes to ascertain the presence of
27 alcohol, other drug or drugs, or intoxicating compound or
28 compounds, upon the specific request of a law enforcement
29 officer. However, no such testing shall be performed until,
30 in the opinion of the medical personnel on scene, the
31 withdrawal can be made without interfering with or
32 endangering the well-being of the patient.
33 (c) A person requested to submit to a test as provided
34 above shall be warned by the law enforcement officer
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1 requesting the test that a refusal to submit to the test, or
2 submission to the test resulting in an alcohol concentration
3 of 0.08 or more, or any amount of a drug, substance, or
4 intoxicating compound resulting from the unlawful use or
5 consumption of cannabis, as covered by the Cannabis Control
6 Act, a controlled substance listed in the Illinois Controlled
7 Substances Act, or an intoxicating compound listed in the Use
8 of Intoxicating Compounds Act as detected in such person's
9 blood or urine, may result in the suspension of such person's
10 privilege to operate a motor vehicle. The length of the
11 suspension shall be the same as outlined in Section 6-208.1
12 of this Code regarding statutory summary suspensions.
13 (d) If the person refuses testing or submits to a test
14 which discloses an alcohol concentration of 0.08 or more, or
15 any amount of a drug, substance, or intoxicating compound in
16 such person's blood or urine resulting from the unlawful use
17 or consumption of cannabis listed in the Cannabis Control
18 Act, a controlled substance listed in the Illinois Controlled
19 Substances Act, or an intoxicating compound listed in the Use
20 of Intoxicating Compounds Act, the law enforcement officer
21 shall immediately submit a sworn report to the Secretary of
22 State on a form prescribed by the Secretary, certifying that
23 the test or tests were requested pursuant to subsection (a)
24 and the person refused to submit to a test or tests or
25 submitted to testing which disclosed an alcohol concentration
26 of 0.08 or more, or any amount of a drug, substance, or
27 intoxicating compound in such person's blood or urine,
28 resulting from the unlawful use or consumption of cannabis
29 listed in the Cannabis Control Act, a controlled substance
30 listed in the Illinois Controlled Substances Act, or an
31 intoxicating compound listed in the Use of Intoxicating
32 Compounds Act.
33 Upon receipt of the sworn report of a law enforcement
34 officer, the Secretary shall enter the suspension to the
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1 individual's driving record and the suspension shall be
2 effective on the 46th day following the date notice of the
3 suspension was given to the person.
4 The law enforcement officer submitting the sworn report
5 shall serve immediate notice of this suspension on the person
6 and such suspension shall be effective on the 46th day
7 following the date notice was given.
8 In cases where the blood alcohol concentration of 0.08 or
9 more, or any amount of a drug, substance, or intoxicating
10 compound resulting from the unlawful use or consumption of
11 cannabis as listed in the Cannabis Control Act, a controlled
12 substance listed in the Illinois Controlled Substances Act,
13 or an intoxicating compound listed in the Use of Intoxicating
14 Compounds Act, is established by a subsequent analysis of
15 blood or urine collected at the time of arrest, the arresting
16 officer shall give notice as provided in this Section or by
17 deposit in the United States mail of such notice in an
18 envelope with postage prepaid and addressed to such person at
19 his address as shown on the Uniform Traffic Ticket and the
20 suspension shall be effective on the 46th day following the
21 date notice was given.
22 Upon receipt of the sworn report of a law enforcement
23 officer, the Secretary shall also give notice of the
24 suspension to the driver by mailing a notice of the effective
25 date of the suspension to the individual. However, should
26 the sworn report be defective by not containing sufficient
27 information or be completed in error, the notice of the
28 suspension shall not be mailed to the person or entered to
29 the driving record, but rather the sworn report shall be
30 returned to the issuing law enforcement agency.
31 (e) A driver may contest this suspension of his driving
32 privileges by requesting an administrative hearing with the
33 Secretary in accordance with Section 2-118 of this Code. At
34 the conclusion of a hearing held under Section 2-118 of this
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1 Code, the Secretary may rescind, continue, or modify the
2 order of suspension. If the Secretary does not rescind the
3 order, a restricted driving permit may be granted by the
4 Secretary upon application being made and good cause shown.
5 A restricted driving permit may be granted to relieve undue
6 hardship to allow driving for employment, educational, and
7 medical purposes as outlined in Section 6-206 of this Code.
8 The provisions of Section 6-206 of this Code shall apply.
9 (f) (Blank).
10 (g) For the purposes of this Section, a personal injury
11 shall include any type A injury as indicated on the traffic
12 accident report completed by a law enforcement officer that
13 requires immediate professional attention in either a
14 doctor's office or a medical facility. A type A injury shall
15 include severely bleeding wounds, distorted extremities, and
16 injuries that require the injured party to be carried from
17 the scene.
18 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
19 91-357, eff. 7-29-99.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.