[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] |
91_SB1861
LRB9110864DHks
1 AN ACT concerned with driving while under the influence
2 of alcohol or other drugs.
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 Sections 6-106.1a, 11-501.2, 11-501.5, 11-501.6, and
7 11-501.8 as follows:
8 (625 ILCS 5/6-106.1a)
9 Sec. 6-106.1a. Cancellation of school bus driver permit;
10 trace of alcohol.
11 (a) A person who has been issued a school bus driver
12 permit by the Secretary of State in accordance with Section
13 6-106.1 of this Code and who drives or is in actual physical
14 control of a school bus or any other vehicle owned or
15 operated by or for a public or private school, or a school
16 operated by a religious institution, when the vehicle is
17 being used over a regularly scheduled route for the
18 transportation of persons enrolled as students in grade 12 or
19 below, in connection with any activity of the entities
20 listed, upon the public highways of this State shall be
21 deemed to have given consent to a chemical test or tests of
22 blood, breath, or urine for the purpose of determining the
23 alcohol content of the person's blood if arrested, as
24 evidenced by the issuance of a Uniform Traffic Ticket for
25 any violation of this Code or a similar provision of a local
26 ordinance, if a police officer has probable cause to believe
27 that the driver has consumed any amount of an alcoholic
28 beverage based upon evidence of the driver's physical
29 condition or other first hand knowledge of the police
30 officer. The test or tests shall be administered at the
31 direction of the arresting officer. The law enforcement
-2- LRB9110864DHks
1 agency employing the officer shall designate which of the
2 aforesaid tests shall be administered. A urine test may be
3 administered even after a blood or breath test or both has
4 been administered.
5 (b) A person who is dead, unconscious, or who is
6 otherwise in a condition rendering that person incapable of
7 refusal, shall be deemed not to have withdrawn the consent
8 provided by paragraph (a) of this Section and the test or
9 tests may be administered subject to the following
10 provisions:
11 (1) Chemical analysis of the person's blood, urine,
12 breath, or other substance, to be considered valid under
13 the provisions of this Section, shall have been
14 performed according to standards promulgated by the
15 Department of Public Health, in consultation with the
16 Department of State Police, by an individual possessing a
17 valid permit issued by the Department of State Police
18 Public Health for this purpose. The Director of State
19 Police Public Health, in consultation with the Department
20 of State Police, is authorized to approve satisfactory
21 techniques or methods, to ascertain the qualifications
22 and competence of individuals to conduct analyses, to
23 issue permits that shall be subject to termination or
24 revocation at the direction of the Department of State
25 Police Public Health, and to certify the accuracy of
26 breath testing equipment. The Department of State Police
27 Public Health shall prescribe rules as necessary.
28 (2) When a person submits to a blood test at the
29 request of a law enforcement officer under the provisions
30 of this Section, only a physician authorized to practice
31 medicine, a registered nurse, or other qualified person
32 trained in venipuncture and acting under the direction of
33 a licensed physician may withdraw blood for the purpose
34 of determining the alcohol content. This limitation does
-3- LRB9110864DHks
1 not apply to the taking of breath or urine specimens.
2 (3) The person tested may have a physician,
3 qualified technician, chemist, registered nurse, or other
4 qualified person of his or her own choosing administer a
5 chemical test or tests in addition to any test or tests
6 administered at the direction of a law enforcement
7 officer. The test administered at the request of the
8 person may be admissible into evidence at a hearing
9 conducted in accordance with Section 2-118 of this Code.
10 The failure or inability to obtain an additional test by
11 a person shall not preclude the consideration of the
12 previously performed chemical test.
13 (4) Upon a request of the person who submits to a
14 chemical test or tests at the request of a law
15 enforcement officer, full information concerning the test
16 or tests shall be made available to the person or that
17 person's attorney by the requesting law enforcement
18 agency within 72 hours of receipt of the test result.
19 (5) Alcohol concentration means either grams of
20 alcohol per 100 milliliters of blood or grams of alcohol
21 per 210 liters of breath.
22 (6) If a driver is receiving medical treatment as a
23 result of a motor vehicle accident, a physician licensed
24 to practice medicine, registered nurse, or other
25 qualified person trained in venipuncture and acting under
26 the direction of a licensed physician shall withdraw
27 blood for testing purposes to ascertain the presence of
28 alcohol upon the specific request of a law enforcement
29 officer. However, that testing shall not be performed
30 until, in the opinion of the medical personnel on scene,
31 the 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 in this Section shall be warned by the law enforcement
-4- LRB9110864DHks
1 officer requesting the test that a refusal to submit to the
2 test, or submission to the test resulting in an alcohol
3 concentration of more than 0.00, may result in the loss of
4 that person's privilege to possess a school bus driver
5 permit. The loss of the individual's privilege to possess a
6 school bus driver permit shall be imposed in accordance with
7 Section 6-106.1b of this Code.
8 (d) If the person refuses testing or submits to a test
9 that discloses an alcohol concentration of more than 0.00,
10 the law enforcement officer shall immediately submit a sworn
11 report to the Secretary of State on a form prescribed by the
12 Secretary of State certifying that the test or tests were
13 requested under subsection (a) and the person refused to
14 submit to a test or tests or submitted to testing which
15 disclosed an alcohol concentration of more than 0.00. The
16 law enforcement officer shall submit the same sworn report
17 when a person who has been issued a school bus driver permit
18 and who was operating a school bus or any other vehicle owned
19 or operated by or for a public or private school, or a school
20 operated by a religious institution, when the vehicle is
21 being used over a regularly scheduled route for the
22 transportation of persons enrolled as students in grade 12 or
23 below, in connection with any activity of the entities
24 listed, submits to testing under Section 11-501.1 of this
25 Code and the testing discloses an alcohol concentration of
26 more than 0.00 and less than the alcohol concentration at
27 which driving or being in actual physical control of a motor
28 vehicle is prohibited under paragraph (1) of subsection (a)
29 of Section 11-501.
30 Upon receipt of the sworn report of a law enforcement
31 officer, the Secretary of State shall enter the school bus
32 driver permit sanction on the individual's driving record and
33 the sanction shall be effective on the 46th day following the
34 date notice of the sanction was given to the person.
-5- LRB9110864DHks
1 The law enforcement officer submitting the sworn report
2 shall serve immediate notice of this school bus driver permit
3 sanction on the person and the sanction shall be effective on
4 the 46th day following the date notice was given.
5 In cases where the blood alcohol concentration of more
6 than 0.00 is established by a subsequent analysis of blood or
7 urine, the police officer or arresting agency shall give
8 notice as provided in this Section or by deposit in the
9 United States mail of that notice in an envelope with postage
10 prepaid and addressed to that person at his or her last known
11 address and the loss of the school bus driver permit shall be
12 effective on the 46th day following the date notice was
13 given.
14 Upon receipt of the sworn report of a law enforcement
15 officer, the Secretary of State shall also give notice of the
16 school bus driver permit sanction to the driver and the
17 driver's current employer by mailing a notice of the
18 effective date of the sanction to the individual. However,
19 shall the sworn report be defective by not containing
20 sufficient information or be completed in error, the notice
21 of the school bus driver permit sanction may not be mailed to
22 the person or his current employer or entered to the driving
23 record, but rather the sworn report shall be returned to the
24 issuing law enforcement agency.
25 (e) A driver may contest this school bus driver permit
26 sanction by requesting an administrative hearing with the
27 Secretary of State in accordance with Section 2-118 of this
28 Code. An individual whose blood alcohol concentration is
29 shown to be more than 0.00 is not subject to this Section if
30 he or she consumed alcohol in the performance of a religious
31 service or ceremony. An individual whose blood alcohol
32 concentration is shown to be more than 0.00 shall not be
33 subject to this Section if the individual's blood alcohol
34 concentration resulted only from ingestion of the prescribed
-6- LRB9110864DHks
1 or recommended dosage of medicine that contained alcohol.
2 The petition for that hearing shall not stay or delay the
3 effective date of the impending suspension. The scope of this
4 hearing shall be limited to the issues of:
5 (1) whether the police officer had probable cause
6 to believe that the person was driving or in actual
7 physical control of a school bus or any other vehicle
8 owned or operated by or for a public or private school,
9 or a school operated by a religious institution, when
10 the vehicle is being used over a regularly scheduled
11 route for the transportation of persons enrolled as
12 students in grade 12 or below, in connection with any
13 activity of the entities listed, upon the public highways
14 of the State and the police officer had reason to believe
15 that the person was in violation of any provision of this
16 Code or a similar provision of a local ordinance; and
17 (2) whether the person was issued a Uniform Traffic
18 Ticket for any violation of this Code or a similar
19 provision of a local ordinance; and
20 (3) whether the police officer had probable cause
21 to believe that the driver had consumed any amount of an
22 alcoholic beverage based upon the driver's physical
23 actions or other first-hand knowledge of the police
24 officer; and
25 (4) whether the person, after being advised by the
26 officer that the privilege to possess a school bus driver
27 permit would be canceled if the person refused to submit
28 to and complete the test or tests, did refuse to submit
29 to or complete the test or tests to determine the
30 person's alcohol concentration; and
31 (5) whether the person, after being advised by the
32 officer that the privileges to possess a school bus
33 driver permit would be canceled if the person submits to
34 a chemical test or tests and the test or tests disclose
-7- LRB9110864DHks
1 an alcohol concentration of more than 0.00 and the
2 person did submit to and complete the test or tests that
3 determined an alcohol concentration of more than 0.00;
4 and
5 (6) whether the test result of an alcohol
6 concentration of more than 0.00 was based upon the
7 person's consumption of alcohol in the performance of a
8 religious service or ceremony; and
9 (7) whether the test result of an alcohol
10 concentration of more than 0.00 was based upon the
11 person's consumption of alcohol through ingestion of the
12 prescribed or recommended dosage of medicine.
13 The Secretary of State may adopt administrative rules
14 setting forth circumstances under which the holder of a
15 school bus driver permit is not required to appear in person
16 at the hearing.
17 Provided that the petitioner may subpoena the officer,
18 the hearing may be conducted upon a review of the law
19 enforcement officer's own official reports. Failure of the
20 officer to answer the subpoena shall be grounds for a
21 continuance if, in the hearing officer's discretion, the
22 continuance is appropriate. At the conclusion of the hearing
23 held under Section 2-118 of this Code, the Secretary of State
24 may rescind, continue, or modify the school bus driver
25 permit sanction.
26 (f) The results of any chemical testing performed in
27 accordance with subsection (a) of this Section are not
28 admissible in any civil or criminal proceeding, except that
29 the results of the testing may be considered at a hearing
30 held under Section 2-118 of this Code. However, the results
31 of the testing may not be used to impose driver's license
32 sanctions under Section 11-501.1 of this Code. A law
33 enforcement officer may, however, pursue a statutory summary
34 suspension of driving privileges under Section 11-501.1 of
-8- LRB9110864DHks
1 this Code if other physical evidence or first hand knowledge
2 forms the basis of that suspension.
3 (g) This Section applies only to drivers who have been
4 issued a school bus driver permit in accordance with Section
5 6-106.1 of this Code at the time of the issuance of the
6 Uniform Traffic Ticket for a violation of this Code or a
7 similar provision of a local ordinance, and a chemical test
8 request is made under this Section.
9 (h) The action of the Secretary of State in suspending,
10 revoking, canceling, or denying any license, permit,
11 registration, or certificate of title shall be subject to
12 judicial review in the Circuit Court of Sangamon County or in
13 the Circuit Court of Cook County, and the provisions of the
14 Administrative Review Law and its rules are hereby adopted
15 and shall apply to and govern every action for the judicial
16 review of final acts or decisions of the Secretary of State
17 under this Section.
18 (Source: P.A. 90-107, eff. 1-1-98; 91-124, eff. 7-16-99.)
19 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
20 Sec. 11-501.2. Chemical and other tests.
21 (a) Upon the trial of any civil or criminal action or
22 proceeding arising out of an arrest for an offense as defined
23 in Section 11-501 or a similar local ordinance or proceedings
24 pursuant to Section 2-118.1, evidence of the concentration of
25 alcohol, other drug or drugs, or intoxicating compound or
26 compounds, or any combination thereof in a person's blood or
27 breath at the time alleged, as determined by analysis of the
28 person's blood, urine, breath or other bodily substance,
29 shall be admissible. Where such test is made the following
30 provisions shall apply:
31 1. Chemical analyses of the person's blood, urine,
32 breath or other bodily substance to be considered valid
33 under the provisions of this Section shall have been
-9- LRB9110864DHks
1 performed according to standards promulgated by the
2 Department of Public Health in consultation with the
3 Department of State Police by a licensed physician,
4 registered nurse, trained phlebotomist acting under the
5 direction of a licensed physician, certified paramedic,
6 or other individual possessing a valid permit issued by
7 that Department for this purpose. The Director of the
8 Department of Public Health in consultation with the
9 Department of State Police is authorized to approve
10 satisfactory techniques or methods, to ascertain the
11 qualifications and competence of individuals to conduct
12 such analyses, to issue permits which shall be subject to
13 termination or revocation at the discretion of that
14 Department and to certify the accuracy of breath testing
15 equipment. The Illinois Department of State Police Public
16 Health shall prescribe regulations as necessary to
17 implement this Section.
18 2. When a person in this State shall submit to a
19 blood test at the request of a law enforcement officer
20 under the provisions of Section 11-501.1, only a
21 physician authorized to practice medicine, a registered
22 nurse, trained phlebotomist, or certified paramedic, or
23 other qualified person approved by the Department of
24 State Police Public Health may withdraw blood for the
25 purpose of determining the alcohol, drug, or alcohol and
26 drug content therein. This limitation shall not apply to
27 the taking of breath or urine specimens.
28 When a blood test of a person who has been taken to
29 an adjoining state for medical treatment is requested by
30 an Illinois law enforcement officer, the blood may be
31 withdrawn only by a physician authorized to practice
32 medicine in the adjoining state, a registered nurse, a
33 trained phlebotomist acting under the direction of the
34 physician, or certified paramedic. The law enforcement
-10- LRB9110864DHks
1 officer requesting the test shall take custody of the
2 blood sample, and the blood sample shall be analyzed by a
3 laboratory certified by the Department of State Police
4 Public Health for that purpose.
5 3. The person tested may have a physician, or a
6 qualified technician, chemist, registered nurse, or other
7 qualified person of their own choosing administer a
8 chemical test or tests in addition to any administered at
9 the direction of a law enforcement officer. The failure
10 or inability to obtain an additional test by a person
11 shall not preclude the admission of evidence relating to
12 the test or tests taken at the direction of a law
13 enforcement officer.
14 4. Upon the request of the person who shall submit
15 to a chemical test or tests at the request of a law
16 enforcement officer, full information concerning the test
17 or tests shall be made available to the person or such
18 person's attorney.
19 5. Alcohol concentration shall mean either grams of
20 alcohol per 100 milliliters of blood or grams of alcohol
21 per 210 liters of breath.
22 (b) Upon the trial of any civil or criminal action or
23 proceeding arising out of acts alleged to have been committed
24 by any person while driving or in actual physical control of
25 a vehicle while under the influence of alcohol, the
26 concentration of alcohol in the person's blood or breath at
27 the time alleged as shown by analysis of the person's blood,
28 urine, breath, or other bodily substance shall give rise to
29 the following presumptions:
30 1. If there was at that time an alcohol
31 concentration of 0.05 or less, it shall be presumed that
32 the person was not under the influence of alcohol.
33 2. If there was at that time an alcohol
34 concentration in excess of 0.05 but less than 0.08, such
-11- LRB9110864DHks
1 facts shall not give rise to any presumption that the
2 person was or was not under the influence of alcohol, but
3 such fact may be considered with other competent evidence
4 in determining whether the person was under the influence
5 of alcohol.
6 3. If there was at that time an alcohol
7 concentration of 0.08 or more, it shall be presumed that
8 the person was under the influence of alcohol.
9 4. The foregoing provisions of this Section shall
10 not be construed as limiting the introduction of any
11 other relevant evidence bearing upon the question whether
12 the person was under the influence of alcohol.
13 (c) 1. If a person under arrest refuses to submit to a
14 chemical test under the provisions of Section 11-501.1,
15 evidence of refusal shall be admissible in any civil or
16 criminal action or proceeding arising out of acts alleged
17 to have been committed while the person under the
18 influence of alcohol, other drug or drugs, or
19 intoxicating compound or compounds, or any combination
20 thereof was driving or in actual physical control of a
21 motor vehicle.
22 2. Notwithstanding any ability to refuse under this
23 Code to submit to these tests or any ability to revoke
24 the implied consent to these tests, if a law enforcement
25 officer has probable cause to believe that a motor
26 vehicle driven by or in actual physical control of a
27 person under the influence of alcohol, other drug or
28 drugs, or intoxicating compound or compounds, or any
29 combination thereof has caused the death or personal
30 injury to another, that person shall submit, upon the
31 request of a law enforcement officer, to a chemical test
32 or tests of his or her blood, breath or urine for the
33 purpose of determining the alcohol content thereof or the
34 presence of any other drug or combination of both.
-12- LRB9110864DHks
1 This provision does not affect the applicability of or
2 imposition of driver's license sanctions under Section
3 11-501.1 of this Code.
4 3. For purposes of this Section, a personal injury
5 includes any Type A injury as indicated on the traffic
6 accident report completed by a law enforcement officer
7 that requires immediate professional attention in either
8 a doctor's office or a medical facility. A Type A injury
9 includes severe bleeding wounds, distorted extremities,
10 and injuries that require the injured party to be carried
11 from the scene.
12 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
13 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
14 Sec. 11-501.5. Preliminary Breath Screening Test. If a
15 law enforcement officer has reasonable suspicion to believe
16 that a person is violating or has violated Section 11-501 or
17 a similar provision of a local ordinance, the officer, prior
18 to an arrest, may request the person to provide a sample of
19 his or her breath for a preliminary breath screening test
20 using a portable device approved by the Department of State
21 Police Public Health. The results of this preliminary breath
22 screening test may be used by the law enforcement officer for
23 the purpose of assisting with the determination of whether to
24 require a chemical test as authorized under Sections 11-501.1
25 and 11-501.2, and the appropriate type of test to request.
26 Any chemical test authorized under Sections 11-501.1 and
27 11-501.2 may be requested by the officer regardless of the
28 result of the preliminary breath screening test, if probable
29 cause for an arrest exists. The result of a preliminary
30 breath screening test may be used by the defendant as
31 evidence in any administrative or court proceeding involving
32 a violation of Section 11-501 or 11-501.1.
33 (Source: P.A. 88-169.)
-13- LRB9110864DHks
1 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
2 Sec. 11-501.6. Driver involvement in personal injury or
3 fatal motor vehicle accident - chemical test.
4 (a) Any person who drives or is in actual control of a
5 motor vehicle upon the public highways of this State and who
6 has been involved in a personal injury or fatal motor vehicle
7 accident, shall be deemed to have given consent to a breath
8 test using a portable device as approved by the Department of
9 State Police Public Health or to a chemical test or tests of
10 blood, breath, or urine for the purpose of determining the
11 content of alcohol, other drug or drugs, or intoxicating
12 compound or compounds of such person's blood if arrested as
13 evidenced by the issuance of a Uniform Traffic Ticket for any
14 violation of the Illinois Vehicle Code or a similar provision
15 of a local ordinance, with the exception of equipment
16 violations contained in Chapter 12 of this Code, or similar
17 provisions of local ordinances. The test or tests shall be
18 administered at the direction of the arresting officer. The
19 law enforcement agency employing the officer shall designate
20 which of the aforesaid tests shall be administered. A urine
21 test may be administered even after a blood or breath test or
22 both has been administered. Compliance with this Section
23 does not relieve such person from the requirements of Section
24 11-501.1 of this Code.
25 (b) Any person who is dead, unconscious or who is
26 otherwise in a condition rendering such person incapable of
27 refusal shall be deemed not to have withdrawn the consent
28 provided by subsection (a) of this Section. In addition, if
29 a driver of a vehicle is receiving medical treatment as a
30 result of a motor vehicle accident, any physician licensed to
31 practice medicine, registered nurse or a phlebotomist acting
32 under the direction of a licensed physician shall withdraw
33 blood for testing purposes to ascertain the presence of
34 alcohol, other drug or drugs, or intoxicating compound or
-14- LRB9110864DHks
1 compounds, upon the specific request of a law enforcement
2 officer. However, no such testing shall be performed until,
3 in the opinion of the medical personnel on scene, the
4 withdrawal can be made without interfering with or
5 endangering the well-being of the patient.
6 (c) A person requested to submit to a test as provided
7 above shall be warned by the law enforcement officer
8 requesting the test that a refusal to submit to the test, or
9 submission to the test resulting in an alcohol concentration
10 of 0.08 or more, or any amount of a drug, substance, or
11 intoxicating compound resulting from the unlawful use or
12 consumption of cannabis, as covered by the Cannabis Control
13 Act, a controlled substance listed in the Illinois Controlled
14 Substances Act, or an intoxicating compound listed in the Use
15 of Intoxicating Compounds Act as detected in such person's
16 blood or urine, may result in the suspension of such person's
17 privilege to operate a motor vehicle. The length of the
18 suspension shall be the same as outlined in Section 6-208.1
19 of this Code regarding statutory summary suspensions.
20 (d) If the person refuses testing or submits to a test
21 which discloses an alcohol concentration of 0.08 or more, or
22 any amount of a drug, substance, or intoxicating compound in
23 such person's blood or urine resulting from the unlawful use
24 or consumption of cannabis listed in the Cannabis Control
25 Act, a controlled substance listed in the Illinois Controlled
26 Substances Act, or an intoxicating compound listed in the Use
27 of Intoxicating Compounds Act, the law enforcement officer
28 shall immediately submit a sworn report to the Secretary of
29 State on a form prescribed by the Secretary, certifying that
30 the test or tests were requested pursuant to subsection (a)
31 and the person refused to submit to a test or tests or
32 submitted to testing which disclosed an alcohol concentration
33 of 0.08 or more, or any amount of a drug, substance, or
34 intoxicating compound in such person's blood or urine,
-15- LRB9110864DHks
1 resulting from the unlawful use or consumption of cannabis
2 listed in the Cannabis Control Act, a controlled substance
3 listed in the Illinois Controlled Substances Act, or an
4 intoxicating compound listed in the Use of Intoxicating
5 Compounds Act.
6 Upon receipt of the sworn report of a law enforcement
7 officer, the Secretary shall enter the suspension to the
8 individual's driving record and the suspension shall be
9 effective on the 46th day following the date notice of the
10 suspension was given to the person.
11 The law enforcement officer submitting the sworn report
12 shall serve immediate notice of this suspension on the person
13 and such suspension shall be effective on the 46th day
14 following the date notice was given.
15 In cases where the blood alcohol concentration of 0.08 or
16 more, or any amount of a drug, substance, or intoxicating
17 compound resulting from the unlawful use or consumption of
18 cannabis as listed in the Cannabis Control Act, a controlled
19 substance listed in the Illinois Controlled Substances Act,
20 or an intoxicating compound listed in the Use of Intoxicating
21 Compounds Act, is established by a subsequent analysis of
22 blood or urine collected at the time of arrest, the arresting
23 officer shall give notice as provided in this Section or by
24 deposit in the United States mail of such notice in an
25 envelope with postage prepaid and addressed to such person at
26 his address as shown on the Uniform Traffic Ticket and the
27 suspension shall be effective on the 46th day following the
28 date notice was given.
29 Upon receipt of the sworn report of a law enforcement
30 officer, the Secretary shall also give notice of the
31 suspension to the driver by mailing a notice of the effective
32 date of the suspension to the individual. However, should
33 the sworn report be defective by not containing sufficient
34 information or be completed in error, the notice of the
-16- LRB9110864DHks
1 suspension shall not be mailed to the person or entered to
2 the driving record, but rather the sworn report shall be
3 returned to the issuing law enforcement agency.
4 (e) A driver may contest this suspension of his driving
5 privileges by requesting an administrative hearing with the
6 Secretary in accordance with Section 2-118 of this Code. At
7 the conclusion of a hearing held under Section 2-118 of this
8 Code, the Secretary may rescind, continue, or modify the
9 order of suspension. If the Secretary does not rescind the
10 order, a restricted driving permit may be granted by the
11 Secretary upon application being made and good cause shown.
12 A restricted driving permit may be granted to relieve undue
13 hardship to allow driving for employment, educational, and
14 medical purposes as outlined in Section 6-206 of this Code.
15 The provisions of Section 6-206 of this Code shall apply.
16 (f) (Blank).
17 (g) For the purposes of this Section, a personal injury
18 shall include any type A injury as indicated on the traffic
19 accident report completed by a law enforcement officer that
20 requires immediate professional attention in either a
21 doctor's office or a medical facility. A type A injury shall
22 include severely bleeding wounds, distorted extremities, and
23 injuries that require the injured party to be carried from
24 the scene.
25 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
26 91-357, eff. 7-29-99.)
27 (625 ILCS 5/11-501.8)
28 Sec. 11-501.8. Suspension of driver's license; persons
29 under age 21.
30 (a) A person who is less than 21 years of age and who
31 drives or is in actual physical control of a motor vehicle
32 upon the public highways of this State shall be deemed to
33 have given consent to a chemical test or tests of blood,
-17- LRB9110864DHks
1 breath, or urine for the purpose of determining the alcohol
2 content of the person's blood if arrested, as evidenced by
3 the issuance of a Uniform Traffic Ticket for any violation of
4 the Illinois Vehicle Code or a similar provision of a local
5 ordinance, if a police officer has probable cause to believe
6 that the driver has consumed any amount of an alcoholic
7 beverage based upon evidence of the driver's physical
8 condition or other first hand knowledge of the police
9 officer. The test or tests shall be administered at the
10 direction of the arresting officer. The law enforcement
11 agency employing the officer shall designate which of the
12 aforesaid tests shall be administered. A urine test may be
13 administered even after a blood or breath test or both has
14 been administered.
15 (b) A person who is dead, unconscious, or who is
16 otherwise in a condition rendering that person incapable of
17 refusal, shall be deemed not to have withdrawn the consent
18 provided by paragraph (a) of this Section and the test or
19 tests may be administered subject to the following
20 provisions:
21 (i) Chemical analysis of the person's blood, urine,
22 breath, or other bodily substance, to be considered valid
23 under the provisions of this Section, shall have been
24 performed according to standards promulgated by the
25 Department of Public Health in consultation with the
26 Department of State Police by an individual possessing a
27 valid permit issued by that Department for this purpose.
28 The Director of the Department of Public Health, in
29 consultation with the Department of State Police, is
30 authorized to approve satisfactory techniques or methods,
31 to ascertain the qualifications and competence of
32 individuals to conduct analyses, to issue permits that
33 shall be subject to termination or revocation at the
34 direction of that Department, and to certify the accuracy
-18- LRB9110864DHks
1 of breath testing equipment. The Illinois Department of
2 State Police Public Health shall prescribe regulations as
3 necessary.
4 (ii) When a person submits to a blood test at the
5 request of a law enforcement officer under the provisions
6 of this Section, only a physician authorized to practice
7 medicine, a registered nurse, or other qualified person
8 trained in venipuncture and acting under the direction of
9 a licensed physician may withdraw blood for the purpose
10 of determining the alcohol content therein. This
11 limitation does not apply to the taking of breath or
12 urine specimens.
13 (iii) The person tested may have a physician,
14 qualified technician, chemist, registered nurse, or other
15 qualified person of his or her own choosing administer a
16 chemical test or tests in addition to any test or tests
17 administered at the direction of a law enforcement
18 officer. The failure or inability to obtain an
19 additional test by a person shall not preclude the
20 consideration of the previously performed chemical test.
21 (iv) Upon a request of the person who submits to a
22 chemical test or tests at the request of a law
23 enforcement officer, full information concerning the test
24 or tests shall be made available to the person or that
25 person's attorney.
26 (v) Alcohol concentration means either grams of
27 alcohol per 100 milliliters of blood or grams of alcohol
28 per 210 liters of breath.
29 (vi) If a driver is receiving medical treatment as
30 a result of a motor vehicle accident, a physician
31 licensed to practice medicine, registered nurse, or other
32 qualified person trained in venipuncture and acting under
33 the direction of a licensed physician shall withdraw
34 blood for testing purposes to ascertain the presence of
-19- LRB9110864DHks
1 alcohol upon the specific request of a law enforcement
2 officer. However, that testing shall not be performed
3 until, in the opinion of the medical personnel on scene,
4 the withdrawal can be made without interfering with or
5 endangering the well-being of the patient.
6 (c) A person requested to submit to a test as provided
7 above shall be warned by the law enforcement officer
8 requesting the test that a refusal to submit to the test, or
9 submission to the test resulting in an alcohol concentration
10 of more than 0.00, may result in the loss of that person's
11 privilege to operate a motor vehicle. The loss of driving
12 privileges shall be imposed in accordance with Section
13 6-208.2 of this Code.
14 (d) If the person refuses testing or submits to a test
15 that discloses an alcohol concentration of more than 0.00,
16 the law enforcement officer shall immediately submit a sworn
17 report to the Secretary of State on a form prescribed by the
18 Secretary of State, certifying that the test or tests were
19 requested under subsection (a) and the person refused to
20 submit to a test or tests or submitted to testing which
21 disclosed an alcohol concentration of more than 0.00. The
22 law enforcement officer shall submit the same sworn report
23 when a person under the age of 21 submits to testing under
24 Section 11-501.1 of this Code and the testing discloses an
25 alcohol concentration of more than 0.00 and less than 0.08.
26 Upon receipt of the sworn report of a law enforcement
27 officer, the Secretary of State shall enter the driver's
28 license sanction on the individual's driving record and the
29 sanctions shall be effective on the 46th day following the
30 date notice of the sanction was given to the person. If this
31 sanction is the individual's first driver's license
32 suspension under this Section, reports received by the
33 Secretary of State under this Section shall, except during
34 the time the suspension is in effect, be privileged
-20- LRB9110864DHks
1 information and for use only by the courts, police officers,
2 prosecuting authorities, the Secretary of State, or the
3 individual personally.
4 The law enforcement officer submitting the sworn report
5 shall serve immediate notice of this driver's license
6 sanction on the person and the sanction shall be effective on
7 the 46th day following the date notice was given.
8 In cases where the blood alcohol concentration of more
9 than 0.00 is established by a subsequent analysis of blood or
10 urine, the police officer or arresting agency shall give
11 notice as provided in this Section or by deposit in the
12 United States mail of that notice in an envelope with postage
13 prepaid and addressed to that person at his last known
14 address and the loss of driving privileges shall be effective
15 on the 46th day following the date notice was given.
16 Upon receipt of the sworn report of a law enforcement
17 officer, the Secretary of State shall also give notice of the
18 driver's license sanction to the driver by mailing a notice
19 of the effective date of the sanction to the individual.
20 However, should the sworn report be defective by not
21 containing sufficient information or be completed in error,
22 the notice of the driver's license sanction may not be mailed
23 to the person or entered to the driving record, but rather
24 the sworn report shall be returned to the issuing law
25 enforcement agency.
26 (e) A driver may contest this driver's license sanction
27 by requesting an administrative hearing with the Secretary of
28 State in accordance with Section 2-118 of this Code. An
29 individual whose blood alcohol concentration is shown to be
30 more than 0.00 is not subject to this Section if he or she
31 consumed alcohol in the performance of a religious service or
32 ceremony. An individual whose blood alcohol concentration is
33 shown to be more than 0.00 shall not be subject to this
34 Section if the individual's blood alcohol concentration
-21- LRB9110864DHks
1 resulted only from ingestion of the prescribed or recommended
2 dosage of medicine that contained alcohol. The petition for
3 that hearing shall not stay or delay the effective date of
4 the impending suspension. The scope of this hearing shall be
5 limited to the issues of:
6 (1) whether the police officer had probable cause
7 to believe that the person was driving or in actual
8 physical control of a motor vehicle upon the public
9 highways of the State and the police officer had reason
10 to believe that the person was in violation of any
11 provision of the Illinois Vehicle Code or a similar
12 provision of a local ordinance; and
13 (2) whether the person was issued a Uniform Traffic
14 Ticket for any violation of the Illinois Vehicle Code or
15 a similar provision of a local ordinance; and
16 (3) whether the police officer had probable cause
17 to believe that the driver had consumed any amount of an
18 alcoholic beverage based upon the driver's physical
19 actions or other first-hand knowledge of the police
20 officer; and
21 (4) whether the person, after being advised by the
22 officer that the privilege to operate a motor vehicle
23 would be suspended if the person refused to submit to and
24 complete the test or tests, did refuse to submit to or
25 complete the test or tests to determine the person's
26 alcohol concentration; and
27 (5) whether the person, after being advised by the
28 officer that the privileges to operate a motor vehicle
29 would be suspended if the person submits to a chemical
30 test or tests and the test or tests disclose an alcohol
31 concentration of more than 0.00, did submit to and
32 complete the test or tests that determined an alcohol
33 concentration of more than 0.00; and
34 (6) whether the test result of an alcohol
-22- LRB9110864DHks
1 concentration of more than 0.00 was based upon the
2 person's consumption of alcohol in the performance of a
3 religious service or ceremony; and
4 (7) whether the test result of an alcohol
5 concentration of more than 0.00 was based upon the
6 person's consumption of alcohol through ingestion of the
7 prescribed or recommended dosage of medicine.
8 Provided that the petitioner may subpoena the officer,
9 the hearing may be conducted upon a review of the law
10 enforcement officer's own official reports. Failure of the
11 officer to answer the subpoena shall be grounds for a
12 continuance if, in the hearing officer's discretion, the
13 continuance is appropriate. At the conclusion of the
14 hearing held under Section 2-118 of this Code, the Secretary
15 of State may rescind, continue, or modify the driver's
16 license sanction. If the Secretary of State does not rescind
17 the sanction, a restricted driving permit may be granted by
18 the Secretary of State upon application being made and good
19 cause shown. A restricted driving permit may be granted to
20 relieve undue hardship by allowing driving for employment,
21 educational, and medical purposes as outlined in item (3) of
22 part (c) of Section 6-206 of this Code. The provisions of
23 item (3) of part (c) of Section 6-206 of this Code shall
24 apply. The Secretary of State shall promulgate rules
25 providing for participation in an alcohol education and
26 awareness program or activity, a drug education and awareness
27 program or activity, or both as a condition to the issuance
28 of a restricted driving permit for suspensions imposed under
29 this Section.
30 (f) The results of any chemical testing performed in
31 accordance with subsection (a) of this Section are not
32 admissible in any civil or criminal proceeding, except that
33 the results of the testing may be considered at a hearing
34 held under Section 2-118 of this Code. However, the results
-23- LRB9110864DHks
1 of the testing may not be used to impose driver's license
2 sanctions under Section 11-501.1 of this Code. A law
3 enforcement officer may, however, pursue a statutory summary
4 suspension of driving privileges under Section 11-501.1 of
5 this Code if other physical evidence or first hand knowledge
6 forms the basis of that suspension.
7 (g) This Section applies only to drivers who are under
8 age 21 at the time of the issuance of a Uniform Traffic
9 Ticket for a violation of the Illinois Vehicle Code or a
10 similar provision of a local ordinance, and a chemical test
11 request is made under this Section.
12 (h) The action of the Secretary of State in suspending,
13 revoking, or denying any license, permit, registration, or
14 certificate of title shall be subject to judicial review in
15 the Circuit Court of Sangamon County or in the Circuit Court
16 of Cook County, and the provisions of the Administrative
17 Review Law and its rules are hereby adopted and shall apply
18 to and govern every action for the judicial review of final
19 acts or decisions of the Secretary of State under this
20 Section.
21 (Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99.)
22 Section 10. The Snowmobile Registration and Safety Act
23 is amended by changing Section 5-7.5 as follows:
24 (625 ILCS 40/5-7.5)
25 Sec. 5-7.5. Preliminary breath screening test. If a law
26 enforcement officer has probable cause to believe that a
27 person is violating or has violated Section 5-7 or a similar
28 provision of a local ordinance, the officer, before an
29 arrest, may request the person to provide a sample of his or
30 her breath for a preliminary breath screening test using a
31 portable device approved by the Department of State Police
32 Public Health. The results of this preliminary breath
-24- LRB9110864DHks
1 screening test may be used by the law enforcement officer for
2 the purpose of assisting with the determination of whether to
3 require a chemical test, as authorized under Sections 5-7.1
4 and 5-7.2 and the appropriate type of test to request. Any
5 chemical test authorized under Sections 5-7.1 and 5-7.2 may
6 be requested by the officer regardless of the result of the
7 preliminary breath screening test if probable cause for an
8 arrest exists. The result of a preliminary breath screening
9 test may be used by the defendant as evidence in an
10 administrative or court proceeding involving a violation of
11 Section 5-7 or 5-7.1.
12 (Source: P.A. 89-55, eff. 1-1-96; 89-626, eff. 8-9-96.)
13 Section 15. The Boat Registration and Safety Act is
14 amended by changing Sections 5-16b and 6-1 as follows:
15 (625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
16 Sec. 5-16b. Preliminary breath screening test. If a law
17 enforcement officer has reasonable suspicion to believe that
18 a person is violating or has violated Section 5-16 or a
19 similar provision of a local ordinance, the officer, prior
20 to an arrest, may request the person to provide a sample of
21 his or her breath for a preliminary breath screening test
22 using a portable device approved by the Department of State
23 Police Public Health. The results of this preliminary breath
24 screening test may be used by the law enforcement officer for
25 the purpose of assisting with the determination of whether to
26 require a chemical test as authorized under Section 5-16 and
27 the appropriate type of test to request. Any chemical test
28 authorized under Section 5-16 may be requested by the officer
29 regardless of the result of the preliminary breath screening
30 test if probable cause for an arrest exists. The result of a
31 preliminary breath screening test may be used by the
32 defendant as evidence in any administrative or court
-25- LRB9110864DHks
1 proceeding involving a violation of Section 5-16.
2 (Source: P.A. 90-215, eff. 1-1-98.)
3 (625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
4 Sec. 6-1. Collisions, accidents, and casualties;
5 reports.
6 A. The operator of a vessel involved in a collision,
7 accident, or other casualty, so far as he can without serious
8 danger to his own vessel, crew, passengers and guests, if
9 any, shall render to other persons affected by the collision,
10 accident, or other casualty assistance as may be practicable
11 and as may be necessary in order to save them from or
12 minimize any danger caused by the collision, accident, or
13 other casualty, and also shall give his name, address, and
14 identification of his vessel to any person injured and to the
15 owner of any property damaged in the collision, accident, or
16 other casualty.
17 B. In the case of collision, accident, or other casualty
18 involving a vessel, the operator, if the collision, accident,
19 or other casualty results in death or injury to a person or
20 damage to property in excess of $500, shall file with the
21 Department a full description of the collision, accident, or
22 other casualty, including information as the Department may
23 by regulation require. Reports of the accidents must be filed
24 with the Department on a Department Accident Report form
25 within 5 days.
26 C. Reports of accidents resulting in personal injury,
27 where a person is incapacitated for a period exceeding 72
28 hours, must be filed with the Department on a Department
29 Accident Report form within 5 days. Accidents that result in
30 loss of life shall be reported to the Department on a
31 Department form within 48 hours.
32 D. All required accident reports and supplemental
33 reports are without prejudice to the individual reporting,
-26- LRB9110864DHks
1 and are for the confidential use of the Department, except
2 that the Department may disclose the identity of a person
3 involved in an accident when the identity is not otherwise
4 known or when the person denies his presence at the accident.
5 No report may be used as evidence in any trial, civil or
6 criminal, arising out of an accident, except that the
7 Department must furnish upon demand of any person who has or
8 claims to have made a report or upon demand of any court a
9 certificate showing that a specified accident report has or
10 has not been made to the Department solely to prove a
11 compliance or a failure to comply with the requirements that
12 a report be made to the Department.
13 E. (1) Every coroner or medical examiner shall on or
14 before the 10th day of each month report in writing to
15 the Department the circumstances surrounding the death of
16 any person that has occurred as the result of a boating
17 accident within the examiner's jurisdiction during the
18 preceding calendar month.
19 (2) Within 6 hours after a death resulting from a
20 boating accident, but in any case not more than 12 hours
21 after the occurrence of the boating accident, a blood
22 specimen of at least 10 cc shall be withdrawn from the
23 body of the decedent by the coroner or medical examiner
24 or by a qualified person at the direction of the
25 physician. All morticians shall obtain a release from the
26 coroner or medical examiner prior to proceeding with
27 embalming any body coming under the scope of this
28 Section. The blood so drawn shall be forwarded to a
29 laboratory approved by the Department of State Police
30 Public Health for analysis of the alcoholic content of
31 the blood specimen. The coroner or medical examiner
32 causing the blood to be withdrawn shall be notified of
33 the results of each analysis made and shall forward the
34 results of each analysis to the Department. The
-27- LRB9110864DHks
1 Department shall keep a record of all examinations to be
2 used for statistical purposes only. The cumulative
3 results of the examinations, without identifying the
4 individuals involved, shall be disseminated and made
5 public by the Department.
6 (Source: P.A. 87-803.)