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92_HB2286
LRB9207863ARsb
1 AN ACT concerning vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 11-501.2 as follows:
6 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
7 Sec. 11-501.2. Chemical and other tests.
8 (a) Upon the trial of any civil or criminal action or
9 proceeding arising out of an arrest for an offense as defined
10 in Section 11-501 or a similar local ordinance or proceedings
11 pursuant to Section 2-118.1, evidence of the concentration of
12 alcohol, other drug or drugs, or intoxicating compound or
13 compounds, or any combination thereof in a person's blood or
14 breath at the time alleged, as determined by analysis of the
15 person's blood, urine, breath or other bodily substance,
16 shall be admissible. Where such test is made the following
17 provisions shall apply:
18 1. Chemical analyses of the person's blood, urine,
19 breath or other bodily substance to be considered valid
20 under the provisions of this Section shall have been
21 performed according to standards promulgated by the
22 Department of State Police by a licensed physician,
23 registered nurse, trained phlebotomist acting under the
24 direction of a licensed physician, certified paramedic,
25 or other individual possessing a valid permit issued by
26 that Department for this purpose. The Director of State
27 Police is authorized to approve satisfactory techniques
28 or methods, to ascertain the qualifications and
29 competence of individuals to conduct such analyses, to
30 issue permits which shall be subject to termination or
31 revocation at the discretion of that Department and to
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1 certify the accuracy of breath testing equipment. The
2 Department of State Police shall prescribe regulations as
3 necessary to implement this Section.
4 2. When a person in this State shall submit to a
5 blood test at the request of a law enforcement officer
6 under the provisions of Section 11-501.1, only a
7 physician authorized to practice medicine, a registered
8 nurse, trained phlebotomist, or certified paramedic, or
9 other qualified person approved by the Department of
10 State Police may withdraw blood for the purpose of
11 determining the alcohol, drug, or alcohol and drug
12 content therein. This limitation shall not apply to the
13 taking of breath or urine specimens.
14 When a blood test of a person who has been taken to
15 an adjoining state for medical treatment is requested by
16 an Illinois law enforcement officer, the blood may be
17 withdrawn only by a physician authorized to practice
18 medicine in the adjoining state, a registered nurse, a
19 trained phlebotomist acting under the direction of the
20 physician, or certified paramedic. The law enforcement
21 officer requesting the test shall take custody of the
22 blood sample, and the blood sample shall be analyzed by a
23 laboratory certified by the Department of State Police
24 for that purpose.
25 3. The person tested may have a physician, or a
26 qualified technician, chemist, registered nurse, or other
27 qualified person of their own choosing administer a
28 chemical test or tests in addition to any administered at
29 the direction of a law enforcement officer. The failure
30 or inability to obtain an additional test by a person
31 shall not preclude the admission of evidence relating to
32 the test or tests taken at the direction of a law
33 enforcement officer.
34 4. Upon the request of the person who shall submit
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1 to a chemical test or tests at the request of a law
2 enforcement officer, full information concerning the test
3 or tests shall be made available to the person or such
4 person's attorney.
5 5. Alcohol concentration shall mean either grams of
6 alcohol per 100 milliliters of blood or grams of alcohol
7 per 210 liters of breath.
8 (b) Upon the trial of any civil or criminal action or
9 proceeding arising out of acts alleged to have been committed
10 by any person while driving or in actual physical control of
11 a vehicle while under the influence of alcohol, the
12 concentration of alcohol in the person's blood or breath at
13 the time alleged as shown by analysis of the person's blood,
14 urine, breath, or other bodily substance shall give rise to
15 the following presumptions:
16 1. If there was at that time an alcohol
17 concentration of 0.05 or less, it shall be presumed that
18 the person was not under the influence of alcohol.
19 2. If there was at that time an alcohol
20 concentration in excess of 0.05 but less than 0.08, such
21 facts shall not give rise to any presumption that the
22 person was or was not under the influence of alcohol, but
23 such fact may be considered with other competent evidence
24 in determining whether the person was under the influence
25 of alcohol.
26 3. If there was at that time an alcohol
27 concentration of 0.08 or more, it shall be presumed that
28 the person was under the influence of alcohol.
29 4. The foregoing provisions of this Section shall
30 not be construed as limiting the introduction of any
31 other relevant evidence bearing upon the question whether
32 the person was under the influence of alcohol.
33 (c) 1. If a person under arrest refuses to submit to a
34 chemical test under the provisions of Section 11-501.1,
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1 evidence of refusal shall be admissible in any civil or
2 criminal action or proceeding arising out of acts alleged to
3 have been committed while the person under the influence of
4 alcohol, other drug or drugs, or intoxicating compound or
5 compounds, or any combination thereof was driving or in
6 actual physical control of a motor vehicle.
7 2. Notwithstanding any ability to refuse under this
8 Code to submit to these tests or any ability to revoke
9 the implied consent to these tests, if a law enforcement
10 officer has probable cause to believe that a motor
11 vehicle driven by or in actual physical control of a
12 person under the influence of alcohol, other drug or
13 drugs, or intoxicating compound or compounds, or any
14 combination thereof has caused the death or personal
15 injury to another, that person shall submit, upon the
16 request of a law enforcement officer, to a chemical test
17 or tests of his or her blood, breath or urine for the
18 purpose of determining the alcohol content thereof or the
19 presence of any other drug or combination of both. Upon
20 request by a law enforcement officer, a person authorized
21 under this Section to withdraw blood or collect urine
22 samples shall withdraw blood and obtain urine samples
23 from a person whom the officer has probable cause to
24 believe caused the death or personal injury of another by
25 operating a motor vehicle while under the influence of
26 alcohol or drugs or a combination of both, for the
27 purpose of determining the level of alcohol or drug
28 content in that person's blood or urine.
29 This provision does not affect the applicability of or
30 imposition of driver's license sanctions under Section
31 11-501.1 of this Code.
32 3. For purposes of this Section, a personal injury
33 includes any Type A injury as indicated on the traffic
34 accident report completed by a law enforcement officer
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1 that requires immediate professional attention in either
2 a doctor's office or a medical facility. A Type A injury
3 includes severe bleeding wounds, distorted extremities,
4 and injuries that require the injured party to be carried
5 from the scene.
6 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
7 91-828, eff. 1-1-01.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.