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91_SB1861eng SB1861 Engrossed 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 SB1861 Engrossed -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or who is 6 otherwise in a condition rendering that person incapable of 7 refusal, shall be deemed not to have withdrawn the consent 8 provided by paragraph (a) of this Section and the test or 9 tests may be administered subject to the following 10 provisions: 11 (1) Chemical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 15Department of Public Health, in consultation with the16 Department of State Police,by an individual possessing a 17 valid permit issued by the Department of State Police 18Public Healthfor this purpose. The Director of State 19 PolicePublic Health, in consultation with the Department20of 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 PolicePublic Health, and to certify the accuracy of 26 breath testing equipment. The Department of State Police 27Public Healthshall 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 SB1861 Engrossed -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 SB1861 Engrossed -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. SB1861 Engrossed -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 SB1861 Engrossed -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 SB1861 Engrossed -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 SB1861 Engrossed -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 SB1861 Engrossed -9- LRB9110864DHks 1 performed according to standards promulgated by the 2Department of Public Health in consultation with the3 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 Directorof the8Department of Public Health in consultation with the9Departmentof 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. TheIllinoisDepartment of State PolicePublic16Healthshall 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 PolicePublic Healthmay 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 SB1861 Engrossed -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 4Public Healthfor 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 SB1861 Engrossed -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. SB1861 Engrossed -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 PolicePublic 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.) SB1861 Engrossed -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 PolicePublic Healthor 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 SB1861 Engrossed -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, SB1861 Engrossed -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 SB1861 Engrossed -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, SB1861 Engrossed -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 25Department of Public Health in consultation with the26 Department of State Police by an individual possessing a 27 valid permit issued by that Department for this purpose. 28 The Director ofthe Department of Public Health, in29consultation with the Department ofState 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 SB1861 Engrossed -18- LRB9110864DHks 1 of breath testing equipment. TheIllinoisDepartment of 2 State PolicePublic Healthshall 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 SB1861 Engrossed -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 SB1861 Engrossed -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 SB1861 Engrossed -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 SB1861 Engrossed -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 SB1861 Engrossed -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 32Public Health. The results of this preliminary breath SB1861 Engrossed -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 PolicePublic 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 SB1861 Engrossed -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, SB1861 Engrossed -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 30Public Healthfor 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 SB1861 Engrossed -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.)