Public Act 097-0471
Public Act 0471 97TH GENERAL ASSEMBLY
|
Public Act 097-0471
| | HB1241 Enrolled | LRB097 06591 HEP 46676 b |
|
| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by changing | Sections 11-501.1 and 11-501.2 as follows:
| (625 ILCS 5/11-501.1)
| (Text of Section before amendment by P.A. 96-1344) | Sec. 11-501.1. Suspension of drivers license; statutory | summary
alcohol, other drug or drugs, or intoxicating compound | or
compounds related suspension; implied consent.
| (a) Any person who drives or is in actual physical control | of a motor
vehicle upon the public highways of this State shall | be deemed to have given
consent, subject to the provisions of | Section 11-501.2, to a chemical test or
tests of blood, breath, | or urine for the purpose of determining the content of
alcohol, | other drug or drugs, or intoxicating compound or compounds or
| any combination thereof in the person's blood if arrested,
as | evidenced by the issuance of a Uniform Traffic Ticket, for any | offense
as defined in Section 11-501 or a similar provision of | a local ordinance, or if arrested for violating Section 11-401.
| If a law enforcement officer has probable cause to believe the | person was under the influence of alcohol, other drug or drugs, | intoxicating compound or compounds, or any combination |
| thereof, the law enforcement officer shall request a chemical | test or tests which The test or tests shall be administered at | the direction of the arresting
officer. The law enforcement | agency employing the officer shall designate which
of the | aforesaid tests shall be administered. A urine test may be | administered
even after a blood or breath test or both has
been | administered. For purposes of this Section, an Illinois law
| enforcement officer of this State who is investigating the | person for any
offense defined in Section 11-501 may travel | into an adjoining state, where
the person has been transported | for medical care, to complete an
investigation and to request | that the person submit to the test or tests
set forth in this | Section. The requirements of this Section that the
person be | arrested are inapplicable, but the officer shall issue the | person
a Uniform Traffic Ticket for an offense as defined in | Section 11-501 or a
similar provision of a local ordinance | prior to requesting that the person
submit to the test or | tests. The issuance of the Uniform Traffic Ticket
shall not | constitute an arrest, but shall be for the purpose of notifying
| the person that he or she is subject to the provisions of this | Section and
of the officer's belief of the existence of | probable cause to
arrest. Upon returning to this State, the | officer shall file the Uniform
Traffic Ticket with the Circuit | Clerk of the county where the offense was
committed, and shall | seek the issuance of an arrest warrant or a summons
for the | person.
|
| (b) Any person who is dead, unconscious, or who is | otherwise in a condition
rendering the person incapable of | refusal, shall be deemed not to have
withdrawn the consent | provided by paragraph (a) of this Section and the test or
tests | may be administered, subject to the provisions of Section | 11-501.2.
| (c) A person requested to submit to a test as provided | above shall
be warned by the law enforcement officer requesting | the test that a
refusal to submit to the test will result in | the statutory summary
suspension of the person's privilege to | operate a motor vehicle, as provided
in Section 6-208.1 of this | Code, and will also result in the disqualification of the | person's privilege to operate a commercial motor vehicle, as | provided in Section 6-514 of this Code, if the person is a CDL | holder. The person shall also be warned by the law
enforcement | officer that if the person submits to the test or tests
| provided in paragraph (a) of this Section and the alcohol | concentration in
the person's blood or breath is 0.08 or | greater, or any amount of
a
drug, substance, or compound | resulting from the unlawful use or consumption
of cannabis as | covered by the Cannabis Control Act, a controlled
substance
| listed in the Illinois Controlled Substances Act, an | intoxicating compound
listed in the Use of Intoxicating | Compounds Act, or methamphetamine as listed in the | Methamphetamine Control and Community Protection Act is | detected in the person's
blood or urine, a statutory summary |
| suspension of the person's privilege to
operate a motor | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| Code, and a disqualification of
the person's privilege to | operate a commercial motor vehicle, as provided in Section | 6-514 of this Code, if the person is a CDL holder, will be | imposed.
| A person who is under the age of 21 at the time the person | is requested to
submit to a test as provided above shall, in | addition to the warnings provided
for in this Section, be | further warned by the law enforcement officer
requesting the | test that if the person submits to the test or tests provided | in
paragraph (a) of this Section and the alcohol concentration | in the person's
blood or breath is greater than 0.00 and less | than 0.08, a
suspension of the
person's privilege to operate a | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | of this Code, will be imposed. The results of this test
shall | be admissible in a civil or criminal action or proceeding | arising from an
arrest for an offense as defined in Section | 11-501 of this Code or a similar
provision of a local ordinance | or pursuant to Section 11-501.4 in prosecutions
for reckless | homicide brought under the Criminal Code of 1961. These test
| results, however, shall be admissible only in actions or | proceedings directly
related to the incident upon which the | test request was made.
| (d) If the person refuses testing or submits to a test that | discloses
an alcohol concentration of 0.08 or more, or any |
| amount of a drug,
substance, or intoxicating compound in the | person's breath, blood,
or urine resulting from the
unlawful | use or consumption of cannabis listed in the Cannabis Control | Act, a controlled substance listed in the Illinois Controlled | Substances
Act, an intoxicating compound listed in the Use of | Intoxicating Compounds
Act, or methamphetamine as listed in the | Methamphetamine Control and Community Protection Act, the law | enforcement officer shall immediately submit a sworn report to
| the
circuit court of venue and the Secretary of State, | certifying that the test or
tests was or were requested under | paragraph (a) and the person refused to
submit to a test, or | tests, or submitted to testing that disclosed an alcohol
| concentration of 0.08 or more.
| (e) Upon receipt of the sworn report of a law enforcement | officer
submitted under paragraph (d), the Secretary of State | shall enter the
statutory summary suspension and | disqualification for the periods specified in Sections
6-208.1 | and 6-514, respectively,
and effective as provided in paragraph | (g).
| If the person is a first offender as defined in Section | 11-500 of this
Code, and is not convicted of a violation of | Section 11-501
of this Code or a similar provision of a local | ordinance, then reports
received by the Secretary of State | under this Section shall, except during
the actual time the | Statutory Summary Suspension is in effect, be
privileged | information and for use only by the courts, police officers,
|
| prosecuting authorities or the Secretary of State, unless the | person is a CDL holder, is operating a commercial motor vehicle | or vehicle required to be placarded for hazardous materials, in | which case the suspension shall not be privileged.
Reports | received by the Secretary of State under this Section shall | also be made available to the parent or guardian of a person | under the age of 18 years that holds an instruction permit or a | graduated driver's license, regardless of whether the | statutory summary suspension is in effect.
| (f) The law enforcement officer submitting the sworn report | under paragraph
(d) shall serve immediate notice of the | statutory summary suspension on the
person and the suspension | and disqualification shall be effective as provided in | paragraph (g). In
cases where the blood alcohol concentration | of 0.08 or greater or
any amount of
a drug, substance, or | compound resulting from the unlawful use or consumption
of | cannabis as covered by the Cannabis Control Act, a controlled
| substance
listed in the Illinois Controlled Substances Act,
an | intoxicating compound
listed in the Use of Intoxicating | Compounds Act, or methamphetamine as listed in the | Methamphetamine Control and Community Protection Act is | established by a
subsequent
analysis of blood or urine | collected at the time of arrest, the arresting
officer or | arresting agency shall give notice as provided in this Section | or by
deposit in the United States mail of the notice in an | envelope with postage
prepaid and addressed to the person at |
| his address as shown on the Uniform
Traffic Ticket and the | statutory summary suspension and disqualification shall begin | as provided in
paragraph (g). The officer shall confiscate any | Illinois driver's license or
permit on the person at the time | of arrest. If the person has a valid driver's
license or | permit, the officer shall issue the person a receipt, in
a form | prescribed by the Secretary of State, that will allow that | person
to drive during the periods provided for in paragraph | (g). The officer
shall immediately forward the driver's license | or permit to the circuit
court of venue along with the sworn | report provided for in
paragraph (d).
| (g) The statutory summary suspension and disqualification
| referred to in this Section shall
take effect on the 46th day | following the date the notice of the statutory
summary | suspension was given to the person.
| (h) The following procedure shall apply
whenever a person | is arrested for any offense as defined in Section 11-501
or a | similar provision of a local ordinance:
| Upon receipt of the sworn report from the law enforcement | officer,
the Secretary of State shall confirm the statutory | summary suspension by
mailing a notice of the effective date of | the suspension to the person and
the court of venue. The | Secretary of State shall also mail notice of the effective date | of the disqualification to the person. However, should the | sworn report be defective by not
containing sufficient | information or be completed in error, the
confirmation of the |
| statutory summary suspension shall not be mailed to the
person | or entered to the record; instead, the sworn report shall
be
| forwarded to the court of venue with a copy returned to the | issuing agency
identifying any defect.
| (Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07; | 95-876, eff. 8-21-08; 96-1080, eff. 7-16-10.)
| (Text of Section after amendment by P.A. 96-1344)
| Sec. 11-501.1. Suspension of drivers license; statutory | summary
alcohol, other drug or drugs, or intoxicating compound | or
compounds related suspension or revocation; implied | consent. | (a) Any person who drives or is in actual physical control | of a motor
vehicle upon the public highways of this State shall | be deemed to have given
consent, subject to the provisions of | Section 11-501.2, to a chemical test or
tests of blood, breath, | or urine for the purpose of determining the content of
alcohol, | other drug or drugs, or intoxicating compound or compounds or
| any combination thereof in the person's blood if arrested,
as | evidenced by the issuance of a Uniform Traffic Ticket, for any | offense
as defined in Section 11-501 or a similar provision of | a local ordinance, or if arrested for violating Section 11-401.
| If a law enforcement officer has probable cause to believe the | person was under the influence of alcohol, other drug or drugs, | intoxicating compound or compounds, or any combination | thereof, the law enforcement officer shall request a chemical |
| test or tests which The test or tests shall be administered at | the direction of the arresting
officer. The law enforcement | agency employing the officer shall designate which
of the | aforesaid tests shall be administered. A urine test may be | administered
even after a blood or breath test or both has
been | administered. For purposes of this Section, an Illinois law
| enforcement officer of this State who is investigating the | person for any
offense defined in Section 11-501 may travel | into an adjoining state, where
the person has been transported | for medical care, to complete an
investigation and to request | that the person submit to the test or tests
set forth in this | Section. The requirements of this Section that the
person be | arrested are inapplicable, but the officer shall issue the | person
a Uniform Traffic Ticket for an offense as defined in | Section 11-501 or a
similar provision of a local ordinance | prior to requesting that the person
submit to the test or | tests. The issuance of the Uniform Traffic Ticket
shall not | constitute an arrest, but shall be for the purpose of notifying
| the person that he or she is subject to the provisions of this | Section and
of the officer's belief of the existence of | probable cause to
arrest. Upon returning to this State, the | officer shall file the Uniform
Traffic Ticket with the Circuit | Clerk of the county where the offense was
committed, and shall | seek the issuance of an arrest warrant or a summons
for the | person. | (b) Any person who is dead, unconscious, or who is |
| otherwise in a condition
rendering the person incapable of | refusal, shall be deemed not to have
withdrawn the consent | provided by paragraph (a) of this Section and the test or
tests | may be administered, subject to the provisions of Section | 11-501.2. | (c) A person requested to submit to a test as provided | above shall
be warned by the law enforcement officer requesting | the test that a
refusal to submit to the test will result in | the statutory summary
suspension of the person's privilege to | operate a motor vehicle, as provided
in Section 6-208.1 of this | Code, and will also result in the disqualification of the | person's privilege to operate a commercial motor vehicle, as | provided in Section 6-514 of this Code, if the person is a CDL | holder. The person shall also be warned that a refusal to | submit to the test, when the person was involved in a motor | vehicle accident that caused personal injury or death to | another, will result in the statutory summary revocation of the | person's privilege to operate a motor vehicle, as provided in | Section 6-208.1, and will also result in the disqualification | of the person's privilege to operate a commercial motor | vehicle, as provided in Section 6-514 of this Code, if the | person is a CDL holder. The person shall also be warned by the | law
enforcement officer that if the person submits to the test | or tests
provided in paragraph (a) of this Section and the | alcohol concentration in
the person's blood or breath is 0.08 | or greater, or any amount of
a
drug, substance, or compound |
| resulting from the unlawful use or consumption
of cannabis as | covered by the Cannabis Control Act, a controlled
substance
| listed in the Illinois Controlled Substances Act, an | intoxicating compound
listed in the Use of Intoxicating | Compounds Act, or methamphetamine as listed in the | Methamphetamine Control and Community Protection Act is | detected in the person's
blood or urine, a statutory summary | suspension of the person's privilege to
operate a motor | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| Code, and a disqualification of
the person's privilege to | operate a commercial motor vehicle, as provided in Section | 6-514 of this Code, if the person is a CDL holder, will be | imposed. | A person who is under the age of 21 at the time the person | is requested to
submit to a test as provided above shall, in | addition to the warnings provided
for in this Section, be | further warned by the law enforcement officer
requesting the | test that if the person submits to the test or tests provided | in
paragraph (a) of this Section and the alcohol concentration | in the person's
blood or breath is greater than 0.00 and less | than 0.08, a
suspension of the
person's privilege to operate a | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | of this Code, will be imposed. The results of this test
shall | be admissible in a civil or criminal action or proceeding | arising from an
arrest for an offense as defined in Section | 11-501 of this Code or a similar
provision of a local ordinance |
| or pursuant to Section 11-501.4 in prosecutions
for reckless | homicide brought under the Criminal Code of 1961. These test
| results, however, shall be admissible only in actions or | proceedings directly
related to the incident upon which the | test request was made. | (d) If the person refuses testing or submits to a test that | discloses
an alcohol concentration of 0.08 or more, or any | amount of a drug,
substance, or intoxicating compound in the | person's breath, blood,
or urine resulting from the
unlawful | use or consumption of cannabis listed in the Cannabis Control | Act, a controlled substance listed in the Illinois Controlled | Substances
Act, an intoxicating compound listed in the Use of | Intoxicating Compounds
Act, or methamphetamine as listed in the | Methamphetamine Control and Community Protection Act, the law | enforcement officer shall immediately submit a sworn report to
| the
circuit court of venue and the Secretary of State, | certifying that the test or
tests was or were requested under | paragraph (a) and the person refused to
submit to a test, or | tests, or submitted to testing that disclosed an alcohol
| concentration of 0.08 or more. | (e) Upon receipt of the sworn report of a law enforcement | officer
submitted under paragraph (d), the Secretary of State | shall enter the
statutory summary suspension or revocation and | disqualification for the periods specified in Sections
6-208.1 | and 6-514, respectively,
and effective as provided in paragraph | (g). |
| If the person is a first offender as defined in Section | 11-500 of this
Code, and is not convicted of a violation of | Section 11-501
of this Code or a similar provision of a local | ordinance, then reports
received by the Secretary of State | under this Section shall, except during
the actual time the | Statutory Summary Suspension is in effect, be
privileged | information and for use only by the courts, police officers,
| prosecuting authorities or the Secretary of State, unless the | person is a CDL holder, is operating a commercial motor vehicle | or vehicle required to be placarded for hazardous materials, in | which case the suspension shall not be privileged. Reports | received by the Secretary of State under this Section shall | also be made available to the parent or guardian of a person | under the age of 18 years that holds an instruction permit or a | graduated driver's license, regardless of whether the | statutory summary suspension is in effect. A statutory summary | revocation shall not be privileged information. | (f) The law enforcement officer submitting the sworn report | under paragraph
(d) shall serve immediate notice of the | statutory summary suspension or revocation on the
person and | the suspension or revocation and disqualification shall be | effective as provided in paragraph (g). In
cases where the | blood alcohol concentration of 0.08 or greater or
any amount of
| a drug, substance, or compound resulting from the unlawful use | or consumption
of cannabis as covered by the Cannabis Control | Act, a controlled
substance
listed in the Illinois Controlled |
| Substances Act,
an intoxicating compound
listed in the Use of | Intoxicating Compounds Act, or methamphetamine as listed in the | Methamphetamine Control and Community Protection Act is | established by a
subsequent
analysis of blood or urine | collected at the time of arrest, the arresting
officer or | arresting agency shall give notice as provided in this Section | or by
deposit in the United States mail of the notice in an | envelope with postage
prepaid and addressed to the person at | his address as shown on the Uniform
Traffic Ticket and the | statutory summary suspension and disqualification shall begin | as provided in
paragraph (g). The officer shall confiscate any | Illinois driver's license or
permit on the person at the time | of arrest. If the person has a valid driver's
license or | permit, the officer shall issue the person a receipt, in
a form | prescribed by the Secretary of State, that will allow that | person
to drive during the periods provided for in paragraph | (g). The officer
shall immediately forward the driver's license | or permit to the circuit
court of venue along with the sworn | report provided for in
paragraph (d). | (g) The statutory summary suspension or revocation and | disqualification
referred to in this Section shall
take effect | on the 46th day following the date the notice of the statutory
| summary suspension or revocation was given to the person. | (h) The following procedure shall apply
whenever a person | is arrested for any offense as defined in Section 11-501
or a | similar provision of a local ordinance: |
| Upon receipt of the sworn report from the law enforcement | officer,
the Secretary of State shall confirm the statutory | summary suspension or revocation by
mailing a notice of the | effective date of the suspension or revocation to the person | and
the court of venue. The Secretary of State shall also mail | notice of the effective date of the disqualification to the | person. However, should the sworn report be defective by not
| containing sufficient information or be completed in error, the
| confirmation of the statutory summary suspension or revocation | shall not be mailed to the
person or entered to the record; | instead, the sworn report shall
be
forwarded to the court of | venue with a copy returned to the issuing agency
identifying | any defect. | (i) As used in this Section, "personal injury" includes any | Type A injury as indicated on the traffic accident report | completed by a law enforcement officer that requires immediate | professional attention in either a doctor's office or a medical | facility. A Type A injury includes severely bleeding wounds, | distorted extremities, and injuries that require the injured | party to be carried from the scene. | (Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07; | 95-876, eff. 8-21-08; 96-1080, eff. 7-16-10; 96-1344, eff. | 7-1-11; revised 9-2-10.)
| (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| Sec. 11-501.2. Chemical and other tests.
|
| (a) Upon the trial of any civil or criminal action or | proceeding arising out
of an arrest for an offense as defined | in Section 11-501 or a similar local
ordinance or proceedings | pursuant to Section 2-118.1, evidence of the
concentration of | alcohol, other drug or drugs, or intoxicating compound or
| compounds, or any combination thereof in a person's blood
or | breath at the time alleged, as determined by analysis of the | person's blood,
urine, breath or other bodily substance, shall | be admissible. Where such test
is made the following provisions | shall apply:
| 1. Chemical analyses of the person's blood, urine, | breath or other bodily
substance to be considered valid | under the provisions of this Section shall
have been | performed according to standards promulgated by the | Department of State Police
by
a licensed physician, | registered nurse, trained phlebotomist, certified | paramedic, or other individual
possessing a valid permit | issued by that Department for
this purpose. The Director of | State Police is authorized to approve satisfactory
| techniques or methods, to ascertain the qualifications and | competence of
individuals to conduct such analyses, to | issue permits which shall be subject
to termination or | revocation at the discretion of that Department and to
| certify the accuracy of breath testing equipment. The | Department
of
State Police shall prescribe regulations as | necessary to
implement this
Section.
|
| 2. When a person in this State shall submit to a blood | test at the request
of a law enforcement officer under the | provisions of Section 11-501.1, only a
physician | authorized to practice medicine, a registered nurse, | trained
phlebotomist, or certified paramedic, or other
| qualified person approved by the Department of State Police | may withdraw blood
for the purpose of determining the | alcohol, drug, or alcohol and drug content
therein. This | limitation shall not apply to the taking of breath or urine
| specimens.
| When a blood test of a person who has been taken to an | adjoining state
for medical treatment is requested by an | Illinois law enforcement officer,
the blood may be | withdrawn only by a physician authorized to practice
| medicine in the adjoining state, a registered nurse, a | trained
phlebotomist acting under the direction of the | physician, or certified
paramedic. The law
enforcement | officer requesting the test shall take custody of the blood
| sample, and the blood sample shall be analyzed by a | laboratory certified by the
Department of State Police for | that purpose.
| 3. The person tested may have a physician, or a | qualified technician,
chemist, registered nurse, or other | qualified person of their own choosing
administer a | chemical test or tests in addition to any administered at | the
direction of a law enforcement officer. The failure or |
| inability to obtain
an additional test by a person shall | not preclude the admission of evidence
relating to the test | or tests taken at the direction of a law enforcement
| officer.
| 4. Upon the request of the person who shall submit to a | chemical test
or tests at the request of a law enforcement | officer, full information
concerning the test or tests | shall be made available to the person or such
person's | attorney.
| 5. Alcohol concentration shall mean either grams of | alcohol per 100
milliliters of blood or grams of alcohol | per 210 liters of breath.
| (b) Upon the trial of any civil or criminal action or | proceeding arising
out of acts alleged to have been committed | by any person while driving or
in actual physical control of a | vehicle while under the influence of alcohol,
the concentration | of alcohol in the person's blood or breath at the time
alleged | as shown by analysis of the person's blood, urine, breath, or | other
bodily substance shall give rise to the following | presumptions:
| 1. If there was at that time an alcohol concentration | of 0.05 or less,
it shall be presumed that the person was | not under the influence of alcohol.
| 2. If there was at that time an alcohol concentration | in excess of 0.05
but less than 0.08, such facts shall not | give rise to any
presumption that
the person was or was not |
| under the influence of alcohol, but such fact
may be | considered with other competent evidence in determining | whether the
person was under the influence of alcohol.
| 3. If there was at that time an alcohol concentration | of 0.08
or more,
it shall be presumed that the person was | under the influence of alcohol.
| 4. The foregoing provisions of this Section shall not | be construed as
limiting the introduction of any other | relevant evidence bearing upon the
question whether the | person was under the influence of alcohol.
| (c) 1. If a person under arrest refuses to submit to a | chemical test
under
the provisions of Section 11-501.1, | evidence of refusal shall be admissible
in any civil or | criminal action or proceeding arising out of acts alleged
to | have been committed while the person under the influence of | alcohol,
other drug or drugs, or intoxicating compound or | compounds, or
any combination thereof was driving or in actual | physical
control of a motor vehicle.
| 2. Notwithstanding any ability to refuse under this Code to | submit to
these tests or any ability to revoke the implied | consent to these tests, if a
law enforcement officer has | probable cause to believe that a motor vehicle
driven by or in | actual physical control of a person under the influence of
| alcohol, other drug or drugs, or intoxicating compound or
| compounds,
or any combination thereof
has caused the death or
| personal injury to another, the law enforcement officer shall |
| request, and that person shall submit, upon the request of a | law
enforcement officer, to a chemical test or tests of his or | her blood, breath or
urine for the purpose of
determining the | alcohol content thereof or the presence of any other drug or
| combination of both.
| This provision does not affect the applicability of or | imposition of driver's
license sanctions under Section | 11-501.1 of this Code.
| 3. For purposes of this Section, a personal injury includes | any Type A
injury as indicated on the traffic accident report | completed by a law
enforcement officer that requires immediate | professional attention in either a
doctor's office or a medical | facility. A Type A injury includes severe
bleeding wounds, | distorted extremities, and injuries that require the injured
| party to be carried from the scene.
| (Source: P.A. 96-289, eff. 8-11-09.)
| Section 95. No acceleration or delay. Where this Act makes | changes in a statute that is represented in this Act by text | that is not yet or no longer in effect (for example, a Section | represented by multiple versions), the use of that text does | not accelerate or delay the taking effect of (i) the changes | made by this Act or (ii) provisions derived from any other | Public Act.
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/22/2011
|
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