97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1702

 

Introduced , by Rep. Dan Reitz

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-106.1a
625 ILCS 5/11-501.2  from Ch. 95 1/2, par. 11-501.2
625 ILCS 5/11-501.6  from Ch. 95 1/2, par. 11-501.6
625 ILCS 5/11-501.8

    Amends the Illinois Vehicle Code. Adds licensed physician assistants and licensed advanced practice nurses to the list of persons qualified to draw blood for alcohol and drug testing. Effective immediately.


LRB097 05814 HEP 45883 b

 

 

A BILL FOR

 

HB1702LRB097 05814 HEP 45883 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-106.1a, 11-501.2, 11-501.6, and 11-501.8 as
6follows:
 
7    (625 ILCS 5/6-106.1a)
8    (Text of Section before amendment by P.A. 96-1344)
9    Sec. 6-106.1a. Cancellation of school bus driver permit;
10trace of alcohol.
11    (a) A person who has been issued a school bus driver permit
12by the Secretary of State in accordance with Section 6-106.1 of
13this Code and who drives or is in actual physical control of a
14school bus or any other vehicle owned or operated by or for a
15public or private school, or a school operated by a religious
16institution, when the vehicle is being used over a regularly
17scheduled route for the transportation of persons enrolled as
18students in grade 12 or below, in connection with any activity
19of the entities listed, upon the public highways of this State
20shall be deemed to have given consent to a chemical test or
21tests of blood, breath, or urine for the purpose of determining
22the alcohol content of the person's blood if arrested, as
23evidenced by the issuance of a Uniform Traffic Ticket for any

 

 

HB1702- 2 -LRB097 05814 HEP 45883 b

1violation of this Code or a similar provision of a local
2ordinance, if a police officer has probable cause to believe
3that the driver has consumed any amount of an alcoholic
4beverage based upon evidence of the driver's physical condition
5or other first hand knowledge of the police officer. The test
6or tests shall be administered at the direction of the
7arresting officer. The law enforcement agency employing the
8officer shall designate which of the aforesaid tests shall be
9administered. A urine test may be administered even after a
10blood or breath test or both has been administered.
11    (b) A person who is dead, unconscious, or who is otherwise
12in a condition rendering that person incapable of refusal,
13shall be deemed not to have withdrawn the consent provided by
14paragraph (a) of this Section and the test or tests may be
15administered subject to the following provisions:
16        (1) Chemical analysis of the person's blood, urine,
17    breath, or other substance, to be considered valid under
18    the provisions of this Section, shall have been performed
19    according to standards promulgated by the Department of
20    State Police by an individual possessing a valid permit
21    issued by the Department of State Police for this purpose.
22    The Director of State Police is authorized to approve
23    satisfactory techniques or methods, to ascertain the
24    qualifications and competence of individuals to conduct
25    analyses, to issue permits that shall be subject to
26    termination or revocation at the direction of the

 

 

HB1702- 3 -LRB097 05814 HEP 45883 b

1    Department of State Police, and to certify the accuracy of
2    breath testing equipment. The Department of State Police
3    shall prescribe rules as necessary.
4        (2) 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 licensed physician assistant, a licensed
8    advanced practice nurse, a registered nurse, or other
9    qualified person trained in venipuncture and acting under
10    the direction of a licensed physician may withdraw blood
11    for the purpose of determining the alcohol content. This
12    limitation does not apply to the taking of breath or urine
13    specimens.
14        (3) The person tested may have a physician, qualified
15    technician, chemist, registered nurse, or other qualified
16    person of his or her own choosing administer a chemical
17    test or tests in addition to any test or tests administered
18    at the direction of a law enforcement officer. The test
19    administered at the request of the person may be admissible
20    into evidence at a hearing conducted in accordance with
21    Section 2-118 of this Code. The failure or inability to
22    obtain an additional test by a person shall not preclude
23    the consideration of the previously performed chemical
24    test.
25        (4) Upon a request of the person who submits to a
26    chemical test or tests at the request of a law enforcement

 

 

HB1702- 4 -LRB097 05814 HEP 45883 b

1    officer, full information concerning the test or tests
2    shall be made available to the person or that person's
3    attorney by the requesting law enforcement agency within 72
4    hours of receipt of the test result.
5        (5) Alcohol concentration means either grams of
6    alcohol per 100 milliliters of blood or grams of alcohol
7    per 210 liters of breath.
8        (6) If a driver is receiving medical treatment as a
9    result of a motor vehicle accident, a physician licensed to
10    practice medicine, licensed physician assistant, licensed
11    advanced practice nurse, registered nurse, or other
12    qualified person trained in venipuncture and acting under
13    the direction of a licensed physician shall withdraw blood
14    for testing purposes to ascertain the presence of alcohol
15    upon the specific request of a law enforcement officer.
16    However, that testing shall not be performed until, in the
17    opinion of the medical personnel on scene, the withdrawal
18    can be made without interfering with or endangering the
19    well-being of the patient.
20    (c) A person requested to submit to a test as provided in
21this Section shall be warned by the law enforcement officer
22requesting the test that a refusal to submit to the test, or
23submission to the test resulting in an alcohol concentration of
24more than 0.00, may result in the loss of that person's
25privilege to possess a school bus driver permit. The loss of
26the individual's privilege to possess a school bus driver

 

 

HB1702- 5 -LRB097 05814 HEP 45883 b

1permit shall be imposed in accordance with Section 6-106.1b of
2this Code.
3    (d) If the person refuses testing or submits to a test that
4discloses an alcohol concentration of more than 0.00, the law
5enforcement officer shall immediately submit a sworn report to
6the Secretary of State on a form prescribed by the Secretary of
7State certifying that the test or tests were requested under
8subsection (a) and the person refused to submit to a test or
9tests or submitted to testing which disclosed an alcohol
10concentration of more than 0.00. The law enforcement officer
11shall submit the same sworn report when a person who has been
12issued a school bus driver permit and who was operating a
13school bus or any other vehicle owned or operated by or for a
14public or private school, or a school operated by a religious
15institution, when the vehicle is being used over a regularly
16scheduled route for the transportation of persons enrolled as
17students in grade 12 or below, in connection with any activity
18of the entities listed, submits to testing under Section
1911-501.1 of this Code and the testing discloses an alcohol
20concentration of more than 0.00 and less than the alcohol
21concentration at which driving or being in actual physical
22control of a motor vehicle is prohibited under paragraph (1) of
23subsection (a) of Section 11-501.
24    Upon receipt of the sworn report of a law enforcement
25officer, the Secretary of State shall enter the school bus
26driver permit sanction on the individual's driving record and

 

 

HB1702- 6 -LRB097 05814 HEP 45883 b

1the sanction shall be effective on the 46th day following the
2date notice of the sanction was given to the person.
3    The law enforcement officer submitting the sworn report
4shall serve immediate notice of this school bus driver permit
5sanction on the person and the sanction shall be effective on
6the 46th day following the date notice was given.
7    In cases where the blood alcohol concentration of more than
80.00 is established by a subsequent analysis of blood or urine,
9the police officer or arresting agency shall give notice as
10provided in this Section or by deposit in the United States
11mail of that notice in an envelope with postage prepaid and
12addressed to that person at his or her last known address and
13the loss of the school bus driver permit shall be effective on
14the 46th day following the date notice was given.
15    Upon receipt of the sworn report of a law enforcement
16officer, the Secretary of State shall also give notice of the
17school bus driver permit sanction to the driver and the
18driver's current employer by mailing a notice of the effective
19date of the sanction to the individual. However, shall the
20sworn report be defective by not containing sufficient
21information or be completed in error, the notice of the school
22bus driver permit sanction may not be mailed to the person or
23his current employer or entered to the driving record, but
24rather the sworn report shall be returned to the issuing law
25enforcement agency.
26    (e) A driver may contest this school bus driver permit

 

 

HB1702- 7 -LRB097 05814 HEP 45883 b

1sanction by requesting an administrative hearing with the
2Secretary of State in accordance with Section 2-118 of this
3Code. An individual whose blood alcohol concentration is shown
4to be more than 0.00 is not subject to this Section if he or she
5consumed alcohol in the performance of a religious service or
6ceremony. An individual whose blood alcohol concentration is
7shown to be more than 0.00 shall not be subject to this Section
8if the individual's blood alcohol concentration resulted only
9from ingestion of the prescribed or recommended dosage of
10medicine that contained alcohol. The petition for that hearing
11shall not stay or delay the effective date of the impending
12suspension. The scope of this hearing shall be limited to the
13issues of:
14        (1) whether the police officer had probable cause to
15    believe that the person was driving or in actual physical
16    control of a school bus or any other vehicle owned or
17    operated by or for a public or private school, or a school
18    operated by a religious institution, when the vehicle is
19    being used over a regularly scheduled route for the
20    transportation of persons enrolled as students in grade 12
21    or below, in connection with any activity of the entities
22    listed, upon the public highways of the State and the
23    police officer had reason to believe that the person was in
24    violation of any provision of this Code or a similar
25    provision of a local ordinance; and
26        (2) whether the person was issued a Uniform Traffic

 

 

HB1702- 8 -LRB097 05814 HEP 45883 b

1    Ticket for any violation of this Code or a similar
2    provision of a local ordinance; and
3        (3) whether the police officer had probable cause to
4    believe that the driver had consumed any amount of an
5    alcoholic beverage based upon the driver's physical
6    actions or other first-hand knowledge of the police
7    officer; and
8        (4) whether the person, after being advised by the
9    officer that the privilege to possess a school bus driver
10    permit would be canceled if the person refused to submit to
11    and complete the test or tests, did refuse to submit to or
12    complete the test or tests to determine the person's
13    alcohol concentration; and
14        (5) whether the person, after being advised by the
15    officer that the privileges to possess a school bus driver
16    permit would be canceled if the person submits to a
17    chemical test or tests and the test or tests disclose an
18    alcohol concentration of more than 0.00 and the person did
19    submit to and complete the test or tests that determined an
20    alcohol concentration of more than 0.00; and
21        (6) whether the test result of an alcohol concentration
22    of more than 0.00 was based upon the person's consumption
23    of alcohol in the performance of a religious service or
24    ceremony; and
25        (7) whether the test result of an alcohol concentration
26    of more than 0.00 was based upon the person's consumption

 

 

HB1702- 9 -LRB097 05814 HEP 45883 b

1    of alcohol through ingestion of the prescribed or
2    recommended dosage of medicine.
3    The Secretary of State may adopt administrative rules
4setting forth circumstances under which the holder of a school
5bus driver permit is not required to appear in person at the
6hearing.
7    Provided that the petitioner may subpoena the officer, the
8hearing may be conducted upon a review of the law enforcement
9officer's own official reports. Failure of the officer to
10answer the subpoena shall be grounds for a continuance if, in
11the hearing officer's discretion, the continuance is
12appropriate. At the conclusion of the hearing held under
13Section 2-118 of this Code, the Secretary of State may rescind,
14continue, or modify the school bus driver permit sanction.
15    (f) The results of any chemical testing performed in
16accordance with subsection (a) of this Section are not
17admissible in any civil or criminal proceeding, except that the
18results of the testing may be considered at a hearing held
19under Section 2-118 of this Code. However, the results of the
20testing may not be used to impose driver's license sanctions
21under Section 11-501.1 of this Code. A law enforcement officer
22may, however, pursue a statutory summary suspension of driving
23privileges under Section 11-501.1 of this Code if other
24physical evidence or first hand knowledge forms the basis of
25that suspension.
26    (g) This Section applies only to drivers who have been

 

 

HB1702- 10 -LRB097 05814 HEP 45883 b

1issued a school bus driver permit in accordance with Section
26-106.1 of this Code at the time of the issuance of the Uniform
3Traffic Ticket for a violation of this Code or a similar
4provision of a local ordinance, and a chemical test request is
5made under this Section.
6    (h) The action of the Secretary of State in suspending,
7revoking, canceling, or denying any license, permit,
8registration, or certificate of title shall be subject to
9judicial review in the Circuit Court of Sangamon County or in
10the Circuit Court of Cook County, and the provisions of the
11Administrative Review Law and its rules are hereby adopted and
12shall apply to and govern every action for the judicial review
13of final acts or decisions of the Secretary of State under this
14Section.
15(Source: P.A. 90-107, eff. 1-1-98; 91-124, eff. 7-16-99;
1691-828, eff. 1-1-01.)
 
17    (Text of Section after amendment by P.A. 96-1344)
18    Sec. 6-106.1a. Cancellation of school bus driver permit;
19trace of alcohol.
20    (a) A person who has been issued a school bus driver permit
21by the Secretary of State in accordance with Section 6-106.1 of
22this Code and who drives or is in actual physical control of a
23school bus or any other vehicle owned or operated by or for a
24public or private school, or a school operated by a religious
25institution, when the vehicle is being used over a regularly

 

 

HB1702- 11 -LRB097 05814 HEP 45883 b

1scheduled route for the transportation of persons enrolled as
2students in grade 12 or below, in connection with any activity
3of the entities listed, upon the public highways of this State
4shall be deemed to have given consent to a chemical test or
5tests of blood, breath, or urine for the purpose of determining
6the alcohol content of the person's blood if arrested, as
7evidenced by the issuance of a Uniform Traffic Ticket for any
8violation of this Code or a similar provision of a local
9ordinance, if a police officer has probable cause to believe
10that the driver has consumed any amount of an alcoholic
11beverage based upon evidence of the driver's physical condition
12or other first hand knowledge of the police officer. The test
13or tests shall be administered at the direction of the
14arresting officer. The law enforcement agency employing the
15officer shall designate which of the aforesaid tests shall be
16administered. A urine test may be administered even after a
17blood or breath test or both has been administered.
18    (b) A person who is dead, unconscious, or who is otherwise
19in a condition rendering that person incapable of refusal,
20shall be deemed not to have withdrawn the consent provided by
21paragraph (a) of this Section and the test or tests may be
22administered subject to the following provisions:
23        (1) Chemical analysis of the person's blood, urine,
24    breath, or other substance, to be considered valid under
25    the provisions of this Section, shall have been performed
26    according to standards promulgated by the Department of

 

 

HB1702- 12 -LRB097 05814 HEP 45883 b

1    State Police by an individual possessing a valid permit
2    issued by the Department of State Police for this purpose.
3    The Director of State Police is authorized to approve
4    satisfactory techniques or methods, to ascertain the
5    qualifications and competence of individuals to conduct
6    analyses, to issue permits that shall be subject to
7    termination or revocation at the direction of the
8    Department of State Police, and to certify the accuracy of
9    breath testing equipment. The Department of State Police
10    shall prescribe rules as necessary.
11        (2) When a person submits to a blood test at the
12    request of a law enforcement officer under the provisions
13    of this Section, only a physician authorized to practice
14    medicine, a licensed physician assistant, a licensed
15    advanced practice nurse, a registered nurse, or other
16    qualified person trained in venipuncture and acting under
17    the direction of a licensed physician may withdraw blood
18    for the purpose of determining the alcohol content. This
19    limitation does not apply to the taking of breath or urine
20    specimens.
21        (3) The person tested may have a physician, qualified
22    technician, chemist, registered nurse, or other qualified
23    person of his or her own choosing administer a chemical
24    test or tests in addition to any test or tests administered
25    at the direction of a law enforcement officer. The test
26    administered at the request of the person may be admissible

 

 

HB1702- 13 -LRB097 05814 HEP 45883 b

1    into evidence at a hearing conducted in accordance with
2    Section 2-118 of this Code. The failure or inability to
3    obtain an additional test by a person shall not preclude
4    the consideration of the previously performed chemical
5    test.
6        (4) Upon a request of the person who submits to a
7    chemical test or tests at the request of a law enforcement
8    officer, full information concerning the test or tests
9    shall be made available to the person or that person's
10    attorney by the requesting law enforcement agency within 72
11    hours of receipt of the test result.
12        (5) Alcohol concentration means either grams of
13    alcohol per 100 milliliters of blood or grams of alcohol
14    per 210 liters of breath.
15        (6) If a driver is receiving medical treatment as a
16    result of a motor vehicle accident, a physician licensed to
17    practice medicine, licensed physician assistant, licensed
18    advanced practice nurse, registered nurse, or other
19    qualified person trained in venipuncture and acting under
20    the direction of a licensed physician shall withdraw blood
21    for testing purposes to ascertain the presence of alcohol
22    upon the specific request of a law enforcement officer.
23    However, that testing shall not be performed until, in the
24    opinion of the medical personnel on scene, the withdrawal
25    can be made without interfering with or endangering the
26    well-being of the patient.

 

 

HB1702- 14 -LRB097 05814 HEP 45883 b

1    (c) A person requested to submit to a test as provided in
2this Section shall be warned by the law enforcement officer
3requesting the test that a refusal to submit to the test, or
4submission to the test resulting in an alcohol concentration of
5more than 0.00, may result in the loss of that person's
6privilege to possess a school bus driver permit. The loss of
7the individual's privilege to possess a school bus driver
8permit shall be imposed in accordance with Section 6-106.1b of
9this Code.
10    (d) If the person refuses testing or submits to a test that
11discloses an alcohol concentration of more than 0.00, the law
12enforcement officer shall immediately submit a sworn report to
13the Secretary of State on a form prescribed by the Secretary of
14State certifying that the test or tests were requested under
15subsection (a) and the person refused to submit to a test or
16tests or submitted to testing which disclosed an alcohol
17concentration of more than 0.00. The law enforcement officer
18shall submit the same sworn report when a person who has been
19issued a school bus driver permit and who was operating a
20school bus or any other vehicle owned or operated by or for a
21public or private school, or a school operated by a religious
22institution, when the vehicle is being used over a regularly
23scheduled route for the transportation of persons enrolled as
24students in grade 12 or below, in connection with any activity
25of the entities listed, submits to testing under Section
2611-501.1 of this Code and the testing discloses an alcohol

 

 

HB1702- 15 -LRB097 05814 HEP 45883 b

1concentration of more than 0.00 and less than the alcohol
2concentration at which driving or being in actual physical
3control of a motor vehicle is prohibited under paragraph (1) of
4subsection (a) of Section 11-501.
5    Upon receipt of the sworn report of a law enforcement
6officer, the Secretary of State shall enter the school bus
7driver permit sanction on the individual's driving record and
8the sanction shall be effective on the 46th day following the
9date notice of the sanction was given to the person.
10    The law enforcement officer submitting the sworn report
11shall serve immediate notice of this school bus driver permit
12sanction on the person and the sanction shall be effective on
13the 46th day following the date notice was given.
14    In cases where the blood alcohol concentration of more than
150.00 is established by a subsequent analysis of blood or urine,
16the police officer or arresting agency shall give notice as
17provided in this Section or by deposit in the United States
18mail of that notice in an envelope with postage prepaid and
19addressed to that person at his or her last known address and
20the loss of the school bus driver permit shall be effective on
21the 46th day following the date notice was given.
22    Upon receipt of the sworn report of a law enforcement
23officer, the Secretary of State shall also give notice of the
24school bus driver permit sanction to the driver and the
25driver's current employer by mailing a notice of the effective
26date of the sanction to the individual. However, shall the

 

 

HB1702- 16 -LRB097 05814 HEP 45883 b

1sworn report be defective by not containing sufficient
2information or be completed in error, the notice of the school
3bus driver permit sanction may not be mailed to the person or
4his current employer or entered to the driving record, but
5rather the sworn report shall be returned to the issuing law
6enforcement agency.
7    (e) A driver may contest this school bus driver permit
8sanction by requesting an administrative hearing with the
9Secretary of State in accordance with Section 2-118 of this
10Code. An individual whose blood alcohol concentration is shown
11to be more than 0.00 is not subject to this Section if he or she
12consumed alcohol in the performance of a religious service or
13ceremony. An individual whose blood alcohol concentration is
14shown to be more than 0.00 shall not be subject to this Section
15if the individual's blood alcohol concentration resulted only
16from ingestion of the prescribed or recommended dosage of
17medicine that contained alcohol. The petition for that hearing
18shall not stay or delay the effective date of the impending
19suspension. The scope of this hearing shall be limited to the
20issues of:
21        (1) whether the police officer had probable cause to
22    believe that the person was driving or in actual physical
23    control of a school bus or any other vehicle owned or
24    operated by or for a public or private school, or a school
25    operated by a religious institution, when the vehicle is
26    being used over a regularly scheduled route for the

 

 

HB1702- 17 -LRB097 05814 HEP 45883 b

1    transportation of persons enrolled as students in grade 12
2    or below, in connection with any activity of the entities
3    listed, upon the public highways of the State and the
4    police officer had reason to believe that the person was in
5    violation of any provision of this Code or a similar
6    provision of a local ordinance; and
7        (2) whether the person was issued a Uniform Traffic
8    Ticket for any violation of this Code or a similar
9    provision of a local ordinance; and
10        (3) whether the police officer had probable cause to
11    believe that the driver had consumed any amount of an
12    alcoholic beverage based upon the driver's physical
13    actions or other first-hand knowledge of the police
14    officer; and
15        (4) whether the person, after being advised by the
16    officer that the privilege to possess a school bus driver
17    permit would be canceled if the person refused to submit to
18    and complete the test or tests, did refuse to submit to or
19    complete the test or tests to determine the person's
20    alcohol concentration; and
21        (5) whether the person, after being advised by the
22    officer that the privileges to possess a school bus driver
23    permit would be canceled if the person submits to a
24    chemical test or tests and the test or tests disclose an
25    alcohol concentration of more than 0.00 and the person did
26    submit to and complete the test or tests that determined an

 

 

HB1702- 18 -LRB097 05814 HEP 45883 b

1    alcohol concentration of more than 0.00; and
2        (6) whether the test result of an alcohol concentration
3    of more than 0.00 was based upon the person's consumption
4    of alcohol in the performance of a religious service or
5    ceremony; and
6        (7) whether the test result of an alcohol concentration
7    of more than 0.00 was based upon the person's consumption
8    of alcohol through ingestion of the prescribed or
9    recommended dosage of medicine.
10    The Secretary of State may adopt administrative rules
11setting forth circumstances under which the holder of a school
12bus driver permit is not required to appear in person at the
13hearing.
14    Provided that the petitioner may subpoena the officer, the
15hearing may be conducted upon a review of the law enforcement
16officer's own official reports. Failure of the officer to
17answer the subpoena shall be grounds for a continuance if, in
18the hearing officer's discretion, the continuance is
19appropriate. At the conclusion of the hearing held under
20Section 2-118 of this Code, the Secretary of State may rescind,
21continue, or modify the school bus driver permit sanction.
22    (f) The results of any chemical testing performed in
23accordance with subsection (a) of this Section are not
24admissible in any civil or criminal proceeding, except that the
25results of the testing may be considered at a hearing held
26under Section 2-118 of this Code. However, the results of the

 

 

HB1702- 19 -LRB097 05814 HEP 45883 b

1testing may not be used to impose driver's license sanctions
2under Section 11-501.1 of this Code. A law enforcement officer
3may, however, pursue a statutory summary suspension or
4revocation of driving privileges under Section 11-501.1 of this
5Code if other physical evidence or first hand knowledge forms
6the basis of that suspension or revocation.
7    (g) This Section applies only to drivers who have been
8issued a school bus driver permit in accordance with Section
96-106.1 of this Code at the time of the issuance of the Uniform
10Traffic Ticket for a violation of this Code or a similar
11provision of a local ordinance, and a chemical test request is
12made under this Section.
13    (h) The action of the Secretary of State in suspending,
14revoking, canceling, or denying any license, permit,
15registration, or certificate of title shall be subject to
16judicial review in the Circuit Court of Sangamon County or in
17the Circuit Court of Cook County, and the provisions of the
18Administrative Review Law and its rules are hereby adopted and
19shall apply to and govern every action for the judicial review
20of final acts or decisions of the Secretary of State under this
21Section.
22(Source: P.A. 96-1344, eff. 7-1-11.)
 
23    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
24    Sec. 11-501.2. Chemical and other tests.
25    (a) Upon the trial of any civil or criminal action or

 

 

HB1702- 20 -LRB097 05814 HEP 45883 b

1proceeding arising out of an arrest for an offense as defined
2in Section 11-501 or a similar local ordinance or proceedings
3pursuant to Section 2-118.1, evidence of the concentration of
4alcohol, other drug or drugs, or intoxicating compound or
5compounds, or any combination thereof in a person's blood or
6breath at the time alleged, as determined by analysis of the
7person's blood, urine, breath or other bodily substance, shall
8be admissible. Where such test is made the following provisions
9shall apply:
10        1. Chemical analyses of the person's blood, urine,
11    breath or other bodily substance to be considered valid
12    under the provisions of this Section shall have been
13    performed according to standards promulgated by the
14    Department of State Police by a licensed physician,
15    registered nurse, trained phlebotomist, certified
16    paramedic, or other individual possessing a valid permit
17    issued by that Department for this purpose. The Director of
18    State Police is authorized to approve satisfactory
19    techniques or methods, to ascertain the qualifications and
20    competence of individuals to conduct such analyses, to
21    issue permits which shall be subject to termination or
22    revocation at the discretion of that Department and to
23    certify the accuracy of breath testing equipment. The
24    Department of State Police shall prescribe regulations as
25    necessary to implement this Section.
26        2. When a person in this State shall submit to a blood

 

 

HB1702- 21 -LRB097 05814 HEP 45883 b

1    test at the request of a law enforcement officer under the
2    provisions of Section 11-501.1, only a physician
3    authorized to practice medicine, a licensed physician
4    assistant, a licensed advanced practice nurse, a
5    registered nurse, trained phlebotomist, or certified
6    paramedic, or other qualified person approved by the
7    Department of State Police may withdraw blood for the
8    purpose of determining the alcohol, drug, or alcohol and
9    drug content therein. This limitation shall not apply to
10    the taking of breath or urine specimens.
11        When a blood test of a person who has been taken to an
12    adjoining state for medical treatment is requested by an
13    Illinois law enforcement officer, the blood may be
14    withdrawn only by a physician authorized to practice
15    medicine in the adjoining state, a licensed physician
16    assistant, a licensed advanced practice nurse, a
17    registered nurse, a trained phlebotomist acting under the
18    direction of the physician, or certified paramedic. The law
19    enforcement officer requesting the test shall take custody
20    of the blood sample, and the blood sample shall be analyzed
21    by a laboratory certified by the Department of State Police
22    for that purpose.
23        3. The person tested may have a physician, or a
24    qualified technician, chemist, registered nurse, or other
25    qualified person of their own choosing administer a
26    chemical test or tests in addition to any administered at

 

 

HB1702- 22 -LRB097 05814 HEP 45883 b

1    the direction of a law enforcement officer. The failure or
2    inability to obtain an additional test by a person shall
3    not preclude the admission of evidence relating to the test
4    or tests taken at the direction of a law enforcement
5    officer.
6        4. Upon the request of the person who shall submit to a
7    chemical test or tests at the request of a law enforcement
8    officer, full information concerning the test or tests
9    shall be made available to the person or such person's
10    attorney.
11        5. Alcohol concentration shall mean either grams of
12    alcohol per 100 milliliters of blood or grams of alcohol
13    per 210 liters of breath.
14    (b) Upon the trial of any civil or criminal action or
15proceeding arising out of acts alleged to have been committed
16by any person while driving or in actual physical control of a
17vehicle while under the influence of alcohol, the concentration
18of alcohol in the person's blood or breath at the time alleged
19as shown by analysis of the person's blood, urine, breath, or
20other bodily substance shall give rise to the following
21presumptions:
22        1. If there was at that time an alcohol concentration
23    of 0.05 or less, it shall be presumed that the person was
24    not under the influence of alcohol.
25        2. If there was at that time an alcohol concentration
26    in excess of 0.05 but less than 0.08, such facts shall not

 

 

HB1702- 23 -LRB097 05814 HEP 45883 b

1    give rise to any presumption that the person was or was not
2    under the influence of alcohol, but such fact may be
3    considered with other competent evidence in determining
4    whether the person was under the influence of alcohol.
5        3. If there was at that time an alcohol concentration
6    of 0.08 or more, it shall be presumed that the person was
7    under the influence of alcohol.
8        4. The foregoing provisions of this Section shall not
9    be construed as limiting the introduction of any other
10    relevant evidence bearing upon the question whether the
11    person was under the influence of alcohol.
12    (c) 1. If a person under arrest refuses to submit to a
13chemical test under the provisions of Section 11-501.1,
14evidence of refusal shall be admissible in any civil or
15criminal action or proceeding arising out of acts alleged to
16have been committed while the person under the influence of
17alcohol, other drug or drugs, or intoxicating compound or
18compounds, or any combination thereof was driving or in actual
19physical control of a motor vehicle.
20    2. Notwithstanding any ability to refuse under this Code to
21submit to these tests or any ability to revoke the implied
22consent to these tests, if a law enforcement officer has
23probable cause to believe that a motor vehicle driven by or in
24actual physical control of a person under the influence of
25alcohol, other drug or drugs, or intoxicating compound or
26compounds, or any combination thereof has caused the death or

 

 

HB1702- 24 -LRB097 05814 HEP 45883 b

1personal injury to another, that person shall submit, upon the
2request of a law enforcement officer, to a chemical test or
3tests of his or her blood, breath or urine for the purpose of
4determining the alcohol content thereof or the presence of any
5other drug or combination of both.
6    This provision does not affect the applicability of or
7imposition of driver's license sanctions under Section
811-501.1 of this Code.
9    3. For purposes of this Section, a personal injury includes
10any Type A injury as indicated on the traffic accident report
11completed by a law enforcement officer that requires immediate
12professional attention in either a doctor's office or a medical
13facility. A Type A injury includes severe bleeding wounds,
14distorted extremities, and injuries that require the injured
15party to be carried from the scene.
16(Source: P.A. 96-289, eff. 8-11-09.)
 
17    (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
18    (Text of Section before amendment by P.A. 96-1344)
19    Sec. 11-501.6. Driver involvement in personal injury or
20fatal motor vehicle accident - chemical test.
21    (a) Any person who drives or is in actual control of a
22motor vehicle upon the public highways of this State and who
23has been involved in a personal injury or fatal motor vehicle
24accident, shall be deemed to have given consent to a breath
25test using a portable device as approved by the Department of

 

 

HB1702- 25 -LRB097 05814 HEP 45883 b

1State Police or to a chemical test or tests of blood, breath,
2or urine for the purpose of determining the content of alcohol,
3other drug or drugs, or intoxicating compound or compounds of
4such person's blood if arrested as evidenced by the issuance of
5a Uniform Traffic Ticket for any violation of the Illinois
6Vehicle Code or a similar provision of a local ordinance, with
7the exception of equipment violations contained in Chapter 12
8of this Code, or similar provisions of local ordinances. The
9test or tests shall be administered at the direction of the
10arresting officer. The law enforcement agency employing the
11officer shall designate which of the aforesaid tests shall be
12administered. A urine test may be administered even after a
13blood or breath test or both has been administered. Compliance
14with this Section does not relieve such person from the
15requirements of Section 11-501.1 of this Code.
16    (b) Any person who is dead, unconscious or who is otherwise
17in a condition rendering such person incapable of refusal shall
18be deemed not to have withdrawn the consent provided by
19subsection (a) of this Section. In addition, if a driver of a
20vehicle is receiving medical treatment as a result of a motor
21vehicle accident, any physician licensed to practice medicine,
22licensed physician assistant, licensed advanced practice
23nurse, registered nurse or a phlebotomist acting under the
24direction of a licensed physician shall withdraw blood for
25testing purposes to ascertain the presence of alcohol, other
26drug or drugs, or intoxicating compound or compounds, upon the

 

 

HB1702- 26 -LRB097 05814 HEP 45883 b

1specific request of a law enforcement officer. However, no such
2testing shall be performed until, in the opinion of the medical
3personnel on scene, the withdrawal can be made without
4interfering with or endangering the well-being of the patient.
5    (c) A person requested to submit to a test as provided
6above shall be warned by the law enforcement officer requesting
7the test that a refusal to submit to the test, or submission to
8the test resulting in an alcohol concentration of 0.08 or more,
9or any amount of a drug, substance, or intoxicating compound
10resulting from the unlawful use or consumption of cannabis, as
11covered by the Cannabis Control Act, a controlled substance
12listed in the Illinois Controlled Substances Act, an
13intoxicating compound listed in the Use of Intoxicating
14Compounds Act, or methamphetamine as listed in the
15Methamphetamine Control and Community Protection Act as
16detected in such person's blood or urine, may result in the
17suspension of such person's privilege to operate a motor
18vehicle and may result in the disqualification of the person's
19privilege to operate a commercial motor vehicle, as provided in
20Section 6-514 of this Code, if the person is a CDL holder. The
21length of the suspension shall be the same as outlined in
22Section 6-208.1 of this Code regarding statutory summary
23suspensions.
24    (d) If the person refuses testing or submits to a test
25which discloses an alcohol concentration of 0.08 or more, or
26any amount of a drug, substance, or intoxicating compound in

 

 

HB1702- 27 -LRB097 05814 HEP 45883 b

1such person's blood or urine resulting from the unlawful use or
2consumption of cannabis listed in the Cannabis Control Act, a
3controlled substance listed in the Illinois Controlled
4Substances Act, an intoxicating compound listed in the Use of
5Intoxicating Compounds Act, or methamphetamine as listed in the
6Methamphetamine Control and Community Protection Act, the law
7enforcement officer shall immediately submit a sworn report to
8the Secretary of State on a form prescribed by the Secretary,
9certifying that the test or tests were requested pursuant to
10subsection (a) and the person refused to submit to a test or
11tests or submitted to testing which disclosed an alcohol
12concentration of 0.08 or more, or any amount of a drug,
13substance, or intoxicating compound in such person's blood or
14urine, resulting from the unlawful use or consumption of
15cannabis listed in the Cannabis Control Act, a controlled
16substance listed in the Illinois Controlled Substances Act, an
17intoxicating compound listed in the Use of Intoxicating
18Compounds Act, or methamphetamine as listed in the
19Methamphetamine Control and Community Protection Act.
20    Upon receipt of the sworn report of a law enforcement
21officer, the Secretary shall enter the suspension and
22disqualification to the individual's driving record and the
23suspension and disqualification shall be effective on the 46th
24day following the date notice of the suspension was given to
25the person.
26    The law enforcement officer submitting the sworn report

 

 

HB1702- 28 -LRB097 05814 HEP 45883 b

1shall serve immediate notice of this suspension on the person
2and such suspension and disqualification shall be effective on
3the 46th day following the date notice was given.
4    In cases where the blood alcohol concentration of 0.08 or
5more, or any amount of a drug, substance, or intoxicating
6compound resulting from the unlawful use or consumption of
7cannabis as listed in the Cannabis Control Act, a controlled
8substance listed in the Illinois Controlled Substances Act, an
9intoxicating compound listed in the Use of Intoxicating
10Compounds Act, or methamphetamine as listed in the
11Methamphetamine Control and Community Protection Act, is
12established by a subsequent analysis of blood or urine
13collected at the time of arrest, the arresting officer shall
14give notice as provided in this Section or by deposit in the
15United States mail of such notice in an envelope with postage
16prepaid and addressed to such person at his address as shown on
17the Uniform Traffic Ticket and the suspension and
18disqualification shall be effective on the 46th day following
19the date notice was given.
20    Upon receipt of the sworn report of a law enforcement
21officer, the Secretary shall also give notice of the suspension
22and disqualification to the driver by mailing a notice of the
23effective date of the suspension and disqualification to the
24individual. However, should the sworn report be defective by
25not containing sufficient information or be completed in error,
26the notice of the suspension and disqualification shall not be

 

 

HB1702- 29 -LRB097 05814 HEP 45883 b

1mailed to the person or entered to the driving record, but
2rather the sworn report shall be returned to the issuing law
3enforcement agency.
4    (e) A driver may contest this suspension of his or her
5driving privileges and disqualification of his or her CDL
6privileges by requesting an administrative hearing with the
7Secretary in accordance with Section 2-118 of this Code. At the
8conclusion of a hearing held under Section 2-118 of this Code,
9the Secretary may rescind, continue, or modify the orders of
10suspension and disqualification. If the Secretary does not
11rescind the orders of suspension and disqualification, a
12restricted driving permit may be granted by the Secretary upon
13application being made and good cause shown. A restricted
14driving permit may be granted to relieve undue hardship to
15allow driving for employment, educational, and medical
16purposes as outlined in Section 6-206 of this Code. The
17provisions of Section 6-206 of this Code shall apply. In
18accordance with 49 C.F.R. 384, the Secretary of State may not
19issue a restricted driving permit for the operation of a
20commercial motor vehicle to a person holding a CDL whose
21driving privileges have been suspended, revoked, cancelled, or
22disqualified.
23    (f) (Blank).
24    (g) For the purposes of this Section, a personal injury
25shall include any type A injury as indicated on the traffic
26accident report completed by a law enforcement officer that

 

 

HB1702- 30 -LRB097 05814 HEP 45883 b

1requires immediate professional attention in either a doctor's
2office or a medical facility. A type A injury shall include
3severely bleeding wounds, distorted extremities, and injuries
4that require the injured party to be carried from the scene.
5(Source: P.A. 95-382, eff. 8-23-07.)
 
6    (Text of Section after amendment by P.A. 96-1344)
7    Sec. 11-501.6. Driver involvement in personal injury or
8fatal motor vehicle accident not involving an arrest for a
9violation of Section 11-501; driving under the influence of
10alcohol, other drug or drugs, intoxicating compounds, or any
11combination thereof; chemical test.
12    (a) Any person who drives or is in actual control of a
13motor vehicle upon the public highways of this State and who
14has been involved in a personal injury or fatal motor vehicle
15accident, shall be deemed to have given consent to a breath
16test using a portable device as approved by the Department of
17State Police or to a chemical test or tests of blood, breath,
18or urine for the purpose of determining the content of alcohol,
19other drug or drugs, or intoxicating compound or compounds of
20such person's blood if arrested as evidenced by the issuance of
21a Uniform Traffic Ticket for any violation of the Illinois
22Vehicle Code or a similar provision of a local ordinance, with
23the exception of equipment violations contained in Chapter 12
24of this Code, or similar provisions of local ordinances. This
25Section shall not apply to those persons arrested for a

 

 

HB1702- 31 -LRB097 05814 HEP 45883 b

1violation of Section 11-501 or a similar violation of a local
2ordinance, in which case the provisions of Section 11-501.1
3shall apply. The test or tests shall be administered at the
4direction of the arresting officer. The law enforcement agency
5employing the officer shall designate which of the aforesaid
6tests shall be administered. A urine test may be administered
7even after a blood or breath test or both has been
8administered. Compliance with this Section does not relieve
9such person from the requirements of Section 11-501.1 of this
10Code.
11    (b) Any person who is dead, unconscious or who is otherwise
12in a condition rendering such person incapable of refusal shall
13be deemed not to have withdrawn the consent provided by
14subsection (a) of this Section. In addition, if a driver of a
15vehicle is receiving medical treatment as a result of a motor
16vehicle accident, any physician licensed to practice medicine,
17licensed physician assistant, licensed advanced practice
18nurse, registered nurse or a phlebotomist acting under the
19direction of a licensed physician shall withdraw blood for
20testing purposes to ascertain the presence of alcohol, other
21drug or drugs, or intoxicating compound or compounds, upon the
22specific request of a law enforcement officer. However, no such
23testing shall be performed until, in the opinion of the medical
24personnel on scene, the withdrawal can be made without
25interfering with or endangering the well-being of the patient.
26    (c) A person requested to submit to a test as provided

 

 

HB1702- 32 -LRB097 05814 HEP 45883 b

1above shall be warned by the law enforcement officer requesting
2the test that a refusal to submit to the test, or submission to
3the test resulting in an alcohol concentration of 0.08 or more,
4or any amount of a drug, substance, or intoxicating compound
5resulting from the unlawful use or consumption of cannabis, as
6covered by the Cannabis Control Act, a controlled substance
7listed in the Illinois Controlled Substances Act, an
8intoxicating compound listed in the Use of Intoxicating
9Compounds Act, or methamphetamine as listed in the
10Methamphetamine Control and Community Protection Act as
11detected in such person's blood or urine, may result in the
12suspension of such person's privilege to operate a motor
13vehicle and may result in the disqualification of the person's
14privilege to operate a commercial motor vehicle, as provided in
15Section 6-514 of this Code, if the person is a CDL holder. The
16length of the suspension shall be the same as outlined in
17Section 6-208.1 of this Code regarding statutory summary
18suspensions.
19    (d) If the person refuses testing or submits to a test
20which discloses an alcohol concentration of 0.08 or more, or
21any amount of a drug, substance, or intoxicating compound in
22such person's blood or urine resulting from the unlawful use or
23consumption of cannabis listed in the Cannabis Control Act, a
24controlled substance listed in the Illinois Controlled
25Substances Act, an intoxicating compound listed in the Use of
26Intoxicating Compounds Act, or methamphetamine as listed in the

 

 

HB1702- 33 -LRB097 05814 HEP 45883 b

1Methamphetamine Control and Community Protection Act, the law
2enforcement officer shall immediately submit a sworn report to
3the Secretary of State on a form prescribed by the Secretary,
4certifying that the test or tests were requested pursuant to
5subsection (a) and the person refused to submit to a test or
6tests or submitted to testing which disclosed an alcohol
7concentration of 0.08 or more, or any amount of a drug,
8substance, or intoxicating compound in such person's blood or
9urine, resulting from the unlawful use or consumption of
10cannabis listed in the Cannabis Control Act, a controlled
11substance listed in the Illinois Controlled Substances Act, an
12intoxicating compound listed in the Use of Intoxicating
13Compounds Act, or methamphetamine as listed in the
14Methamphetamine Control and Community Protection Act.
15    Upon receipt of the sworn report of a law enforcement
16officer, the Secretary shall enter the suspension and
17disqualification to the individual's driving record and the
18suspension and disqualification shall be effective on the 46th
19day following the date notice of the suspension was given to
20the person.
21    The law enforcement officer submitting the sworn report
22shall serve immediate notice of this suspension on the person
23and such suspension and disqualification shall be effective on
24the 46th day following the date notice was given.
25    In cases where the blood alcohol concentration of 0.08 or
26more, or any amount of a drug, substance, or intoxicating

 

 

HB1702- 34 -LRB097 05814 HEP 45883 b

1compound resulting from the unlawful use or consumption of
2cannabis as listed in the Cannabis Control Act, a controlled
3substance listed in the Illinois Controlled Substances Act, an
4intoxicating compound listed in the Use of Intoxicating
5Compounds Act, or methamphetamine as listed in the
6Methamphetamine Control and Community Protection Act, is
7established by a subsequent analysis of blood or urine
8collected at the time of arrest, the arresting officer shall
9give notice as provided in this Section or by deposit in the
10United States mail of such notice in an envelope with postage
11prepaid and addressed to such person at his address as shown on
12the Uniform Traffic Ticket and the suspension and
13disqualification shall be effective on the 46th day following
14the date notice was given.
15    Upon receipt of the sworn report of a law enforcement
16officer, the Secretary shall also give notice of the suspension
17and disqualification to the driver by mailing a notice of the
18effective date of the suspension and disqualification to the
19individual. However, should the sworn report be defective by
20not containing sufficient information or be completed in error,
21the notice of the suspension and disqualification shall not be
22mailed to the person or entered to the driving record, but
23rather the sworn report shall be returned to the issuing law
24enforcement agency.
25    (e) A driver may contest this suspension of his or her
26driving privileges and disqualification of his or her CDL

 

 

HB1702- 35 -LRB097 05814 HEP 45883 b

1privileges by requesting an administrative hearing with the
2Secretary in accordance with Section 2-118 of this Code. At the
3conclusion of a hearing held under Section 2-118 of this Code,
4the Secretary may rescind, continue, or modify the orders of
5suspension and disqualification. If the Secretary does not
6rescind the orders of suspension and disqualification, a
7restricted driving permit may be granted by the Secretary upon
8application being made and good cause shown. A restricted
9driving permit may be granted to relieve undue hardship to
10allow driving for employment, educational, and medical
11purposes as outlined in Section 6-206 of this Code. The
12provisions of Section 6-206 of this Code shall apply. In
13accordance with 49 C.F.R. 384, the Secretary of State may not
14issue a restricted driving permit for the operation of a
15commercial motor vehicle to a person holding a CDL whose
16driving privileges have been suspended, revoked, cancelled, or
17disqualified.
18    (f) (Blank).
19    (g) For the purposes of this Section, a personal injury
20shall include any type A injury as indicated on the traffic
21accident report completed by a law enforcement officer that
22requires immediate professional attention in either a doctor's
23office or a medical facility. A type A injury shall include
24severely bleeding wounds, distorted extremities, and injuries
25that require the injured party to be carried from the scene.
26(Source: P.A. 95-382, eff. 8-23-07; 96-1344, eff. 7-1-11.)
 

 

 

HB1702- 36 -LRB097 05814 HEP 45883 b

1    (625 ILCS 5/11-501.8)
2    (Text of Section before amendment by P.A. 96-1344)
3    Sec. 11-501.8. Suspension of driver's license; persons
4under age 21.
5    (a) A person who is less than 21 years of age and who
6drives or is in actual physical control of a motor vehicle upon
7the public highways of this State shall be deemed to have given
8consent to a chemical test or tests of blood, breath, or urine
9for the purpose of determining the alcohol content of the
10person's blood if arrested, as evidenced by the issuance of a
11Uniform Traffic Ticket for any violation of the Illinois
12Vehicle Code or a similar provision of a local ordinance, if a
13police officer has probable cause to believe that the driver
14has consumed any amount of an alcoholic beverage based upon
15evidence of the driver's physical condition or other first hand
16knowledge of the police officer. The test or tests shall be
17administered at the direction of the arresting officer. The law
18enforcement agency employing the officer shall designate which
19of the aforesaid tests shall be administered. A urine test may
20be administered even after a blood or breath test or both has
21been administered.
22    (b) A person who is dead, unconscious, or who is otherwise
23in a condition rendering that person incapable of refusal,
24shall be deemed not to have withdrawn the consent provided by
25paragraph (a) of this Section and the test or tests may be

 

 

HB1702- 37 -LRB097 05814 HEP 45883 b

1administered subject to the following provisions:
2        (i) Chemical analysis of the person's blood, urine,
3    breath, or other bodily substance, to be considered valid
4    under the provisions of this Section, shall have been
5    performed according to standards promulgated by the
6    Department of State Police by an individual possessing a
7    valid permit issued by that Department for this purpose.
8    The Director of State Police is authorized to approve
9    satisfactory techniques or methods, to ascertain the
10    qualifications and competence of individuals to conduct
11    analyses, to issue permits that shall be subject to
12    termination or revocation at the direction of that
13    Department, and to certify the accuracy of breath testing
14    equipment. The Department of State Police shall prescribe
15    regulations as necessary.
16        (ii) When a person submits to a blood test at the
17    request of a law enforcement officer under the provisions
18    of this Section, only a physician authorized to practice
19    medicine, a licensed physician assistant, a licensed
20    advanced practice nurse, a registered nurse, or other
21    qualified person trained in venipuncture and acting under
22    the direction of a licensed physician may withdraw blood
23    for the purpose of determining the alcohol content therein.
24    This limitation does not apply to the taking of breath or
25    urine specimens.
26        (iii) The person tested may have a physician, qualified

 

 

HB1702- 38 -LRB097 05814 HEP 45883 b

1    technician, chemist, registered nurse, or other qualified
2    person of his or her own choosing administer a chemical
3    test or tests in addition to any test or tests administered
4    at the direction of a law enforcement officer. The failure
5    or inability to obtain an additional test by a person shall
6    not preclude the consideration of the previously performed
7    chemical test.
8        (iv) Upon a request of the person who submits to a
9    chemical test or tests at the request of a law enforcement
10    officer, full information concerning the test or tests
11    shall be made available to the person or that person's
12    attorney.
13        (v) Alcohol concentration means either grams of
14    alcohol per 100 milliliters of blood or grams of alcohol
15    per 210 liters of breath.
16        (vi) If a driver is receiving medical treatment as a
17    result of a motor vehicle accident, a physician licensed to
18    practice medicine, licensed physician assistant, licensed
19    advanced practice nurse, registered nurse, or other
20    qualified person trained in venipuncture and acting under
21    the direction of a licensed physician shall withdraw blood
22    for testing purposes to ascertain the presence of alcohol
23    upon the specific request of a law enforcement officer.
24    However, that testing shall not be performed until, in the
25    opinion of the medical personnel on scene, the withdrawal
26    can be made without interfering with or endangering the

 

 

HB1702- 39 -LRB097 05814 HEP 45883 b

1    well-being of the patient.
2    (c) A person requested to submit to a test as provided
3above shall be warned by the law enforcement officer requesting
4the test that a refusal to submit to the test, or submission to
5the test resulting in an alcohol concentration of more than
60.00, may result in the loss of that person's privilege to
7operate a motor vehicle and may result in the disqualification
8of the person's privilege to operate a commercial motor
9vehicle, as provided in Section 6-514 of this Code, if the
10person is a CDL holder. The loss of driving privileges shall be
11imposed in accordance with Section 6-208.2 of this Code.
12    (d) If the person refuses testing or submits to a test that
13discloses an alcohol concentration of more than 0.00, the law
14enforcement officer shall immediately submit a sworn report to
15the Secretary of State on a form prescribed by the Secretary of
16State, certifying that the test or tests were requested under
17subsection (a) and the person refused to submit to a test or
18tests or submitted to testing which disclosed an alcohol
19concentration of more than 0.00. The law enforcement officer
20shall submit the same sworn report when a person under the age
21of 21 submits to testing under Section 11-501.1 of this Code
22and the testing discloses an alcohol concentration of more than
230.00 and less than 0.08.
24    Upon receipt of the sworn report of a law enforcement
25officer, the Secretary of State shall enter the suspension and
26disqualification on the individual's driving record and the

 

 

HB1702- 40 -LRB097 05814 HEP 45883 b

1suspension and disqualification shall be effective on the 46th
2day following the date notice of the suspension was given to
3the person. If this suspension is the individual's first
4driver's license suspension under this Section, reports
5received by the Secretary of State under this Section shall,
6except during the time the suspension is in effect, be
7privileged information and for use only by the courts, police
8officers, prosecuting authorities, the Secretary of State, or
9the individual personally, unless the person is a CDL holder,
10is operating a commercial motor vehicle or vehicle required to
11be placarded for hazardous materials, in which case the
12suspension shall not be privileged. Reports received by the
13Secretary of State under this Section shall also be made
14available to the parent or guardian of a person under the age
15of 18 years that holds an instruction permit or a graduated
16driver's license, regardless of whether the suspension is in
17effect.
18    The law enforcement officer submitting the sworn report
19shall serve immediate notice of this suspension on the person
20and the suspension and disqualification shall be effective on
21the 46th day following the date notice was given.
22    In cases where the blood alcohol concentration of more than
230.00 is established by a subsequent analysis of blood or urine,
24the police officer or arresting agency shall give notice as
25provided in this Section or by deposit in the United States
26mail of that notice in an envelope with postage prepaid and

 

 

HB1702- 41 -LRB097 05814 HEP 45883 b

1addressed to that person at his last known address and the loss
2of driving privileges shall be effective on the 46th day
3following the date notice was given.
4    Upon receipt of the sworn report of a law enforcement
5officer, the Secretary of State shall also give notice of the
6suspension and disqualification to the driver by mailing a
7notice of the effective date of the suspension and
8disqualification to the individual. However, should the sworn
9report be defective by not containing sufficient information or
10be completed in error, the notice of the suspension and
11disqualification shall not be mailed to the person or entered
12to the driving record, but rather the sworn report shall be
13returned to the issuing law enforcement agency.
14    (e) A driver may contest this suspension and
15disqualification by requesting an administrative hearing with
16the Secretary of State in accordance with Section 2-118 of this
17Code. An individual whose blood alcohol concentration is shown
18to be more than 0.00 is not subject to this Section if he or she
19consumed alcohol in the performance of a religious service or
20ceremony. An individual whose blood alcohol concentration is
21shown to be more than 0.00 shall not be subject to this Section
22if the individual's blood alcohol concentration resulted only
23from ingestion of the prescribed or recommended dosage of
24medicine that contained alcohol. The petition for that hearing
25shall not stay or delay the effective date of the impending
26suspension. The scope of this hearing shall be limited to the

 

 

HB1702- 42 -LRB097 05814 HEP 45883 b

1issues of:
2        (1) whether the police officer had probable cause to
3    believe that the person was driving or in actual physical
4    control of a motor vehicle upon the public highways of the
5    State and the police officer had reason to believe that the
6    person was in violation of any provision of the Illinois
7    Vehicle Code or a similar provision of a local ordinance;
8    and
9        (2) whether the person was issued a Uniform Traffic
10    Ticket for any violation of the Illinois Vehicle Code or a
11    similar provision of a local ordinance; and
12        (3) whether the police officer had probable cause to
13    believe that the driver had consumed any amount of an
14    alcoholic beverage based upon the driver's physical
15    actions or other first-hand knowledge of the police
16    officer; and
17        (4) whether the person, after being advised by the
18    officer that the privilege to operate a motor vehicle would
19    be suspended if the person refused to submit to and
20    complete the test or tests, did refuse to submit to or
21    complete the test or tests to determine the person's
22    alcohol concentration; and
23        (5) whether the person, after being advised by the
24    officer that the privileges to operate a motor vehicle
25    would be suspended if the person submits to a chemical test
26    or tests and the test or tests disclose an alcohol

 

 

HB1702- 43 -LRB097 05814 HEP 45883 b

1    concentration of more than 0.00, did submit to and complete
2    the test or tests that determined an alcohol concentration
3    of more than 0.00; and
4        (6) whether the test result of an alcohol concentration
5    of more than 0.00 was based upon the person's consumption
6    of alcohol in the performance of a religious service or
7    ceremony; and
8        (7) whether the test result of an alcohol concentration
9    of more than 0.00 was based upon the person's consumption
10    of alcohol through ingestion of the prescribed or
11    recommended dosage of medicine.
12    At the conclusion of the hearing held under Section 2-118
13of this Code, the Secretary of State may rescind, continue, or
14modify the suspension and disqualification. If the Secretary of
15State does not rescind the suspension and disqualification, a
16restricted driving permit may be granted by the Secretary of
17State upon application being made and good cause shown. A
18restricted driving permit may be granted to relieve undue
19hardship by allowing driving for employment, educational, and
20medical purposes as outlined in item (3) of part (c) of Section
216-206 of this Code. The provisions of item (3) of part (c) of
22Section 6-206 of this Code and of subsection (f) of that
23Section shall apply. The Secretary of State shall promulgate
24rules providing for participation in an alcohol education and
25awareness program or activity, a drug education and awareness
26program or activity, or both as a condition to the issuance of

 

 

HB1702- 44 -LRB097 05814 HEP 45883 b

1a restricted driving permit for suspensions imposed under this
2Section.
3    (f) The results of any chemical testing performed in
4accordance with subsection (a) of this Section are not
5admissible in any civil or criminal proceeding, except that the
6results of the testing may be considered at a hearing held
7under Section 2-118 of this Code. However, the results of the
8testing may not be used to impose driver's license sanctions
9under Section 11-501.1 of this Code. A law enforcement officer
10may, however, pursue a statutory summary suspension of driving
11privileges under Section 11-501.1 of this Code if other
12physical evidence or first hand knowledge forms the basis of
13that suspension.
14    (g) This Section applies only to drivers who are under age
1521 at the time of the issuance of a Uniform Traffic Ticket for
16a violation of the Illinois Vehicle Code or a similar provision
17of a local ordinance, and a chemical test request is made under
18this Section.
19    (h) The action of the Secretary of State in suspending,
20revoking, cancelling, or disqualifying any license or permit
21shall be subject to judicial review in the Circuit Court of
22Sangamon County or in the Circuit Court of Cook County, and the
23provisions of the Administrative Review Law and its rules are
24hereby adopted and shall apply to and govern every action for
25the judicial review of final acts or decisions of the Secretary
26of State under this Section.

 

 

HB1702- 45 -LRB097 05814 HEP 45883 b

1(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07;
295-627, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1080, eff.
37-16-10.)
 
4    (Text of Section after amendment by P.A. 96-1344)
5    Sec. 11-501.8. Suspension of driver's license; persons
6under age 21.
7    (a) A person who is less than 21 years of age and who
8drives or is in actual physical control of a motor vehicle upon
9the public highways of this State shall be deemed to have given
10consent to a chemical test or tests of blood, breath, or urine
11for the purpose of determining the alcohol content of the
12person's blood if arrested, as evidenced by the issuance of a
13Uniform Traffic Ticket for any violation of the Illinois
14Vehicle Code or a similar provision of a local ordinance, if a
15police officer has probable cause to believe that the driver
16has consumed any amount of an alcoholic beverage based upon
17evidence of the driver's physical condition or other first hand
18knowledge of the police officer. The test or tests shall be
19administered at the direction of the arresting officer. The law
20enforcement agency employing the officer shall designate which
21of the aforesaid tests shall be administered. A urine test may
22be administered even after a blood or breath test or both has
23been administered.
24    (b) A person who is dead, unconscious, or who is otherwise
25in a condition rendering that person incapable of refusal,

 

 

HB1702- 46 -LRB097 05814 HEP 45883 b

1shall be deemed not to have withdrawn the consent provided by
2paragraph (a) of this Section and the test or tests may be
3administered subject to the following provisions:
4        (i) Chemical analysis of the person's blood, urine,
5    breath, or other bodily substance, to be considered valid
6    under the provisions of this Section, shall have been
7    performed according to standards promulgated by the
8    Department of State Police by an individual possessing a
9    valid permit issued by that Department for this purpose.
10    The Director of State Police is authorized to approve
11    satisfactory techniques or methods, to ascertain the
12    qualifications and competence of individuals to conduct
13    analyses, to issue permits that shall be subject to
14    termination or revocation at the direction of that
15    Department, and to certify the accuracy of breath testing
16    equipment. The Department of State Police shall prescribe
17    regulations as necessary.
18        (ii) When a person submits to a blood test at the
19    request of a law enforcement officer under the provisions
20    of this Section, only a physician authorized to practice
21    medicine, a licensed physician assistant, a licensed
22    advanced practice nurse, a registered nurse, or other
23    qualified person trained in venipuncture and acting under
24    the direction of a licensed physician may withdraw blood
25    for the purpose of determining the alcohol content therein.
26    This limitation does not apply to the taking of breath or

 

 

HB1702- 47 -LRB097 05814 HEP 45883 b

1    urine specimens.
2        (iii) The person tested may have a physician, qualified
3    technician, chemist, registered nurse, or other qualified
4    person of his or her own choosing administer a chemical
5    test or tests in addition to any test or tests administered
6    at the direction of a law enforcement officer. The failure
7    or inability to obtain an additional test by a person shall
8    not preclude the consideration of the previously performed
9    chemical test.
10        (iv) Upon a request of the person who submits to a
11    chemical test or tests at the request of a law enforcement
12    officer, full information concerning the test or tests
13    shall be made available to the person or that person's
14    attorney.
15        (v) Alcohol concentration means either grams of
16    alcohol per 100 milliliters of blood or grams of alcohol
17    per 210 liters of breath.
18        (vi) If a driver is receiving medical treatment as a
19    result of a motor vehicle accident, a physician licensed to
20    practice medicine, licensed physician assistant, licensed
21    advanced practice nurse, registered nurse, or other
22    qualified person trained in venipuncture and acting under
23    the direction of a licensed physician shall withdraw blood
24    for testing purposes to ascertain the presence of alcohol
25    upon the specific request of a law enforcement officer.
26    However, that testing shall not be performed until, in the

 

 

HB1702- 48 -LRB097 05814 HEP 45883 b

1    opinion of the medical personnel on scene, the withdrawal
2    can be made without interfering with or endangering the
3    well-being of the patient.
4    (c) A person requested to submit to a test as provided
5above shall be warned by the law enforcement officer requesting
6the test that a refusal to submit to the test, or submission to
7the test resulting in an alcohol concentration of more than
80.00, may result in the loss of that person's privilege to
9operate a motor vehicle and may result in the disqualification
10of the person's privilege to operate a commercial motor
11vehicle, as provided in Section 6-514 of this Code, if the
12person is a CDL holder. The loss of driving privileges shall be
13imposed in accordance with Section 6-208.2 of this Code.
14    (d) If the person refuses testing or submits to a test that
15discloses an alcohol concentration of more than 0.00, the law
16enforcement officer shall immediately submit a sworn report to
17the Secretary of State on a form prescribed by the Secretary of
18State, certifying that the test or tests were requested under
19subsection (a) and the person refused to submit to a test or
20tests or submitted to testing which disclosed an alcohol
21concentration of more than 0.00. The law enforcement officer
22shall submit the same sworn report when a person under the age
23of 21 submits to testing under Section 11-501.1 of this Code
24and the testing discloses an alcohol concentration of more than
250.00 and less than 0.08.
26    Upon receipt of the sworn report of a law enforcement

 

 

HB1702- 49 -LRB097 05814 HEP 45883 b

1officer, the Secretary of State shall enter the suspension and
2disqualification on the individual's driving record and the
3suspension and disqualification shall be effective on the 46th
4day following the date notice of the suspension was given to
5the person. If this suspension is the individual's first
6driver's license suspension under this Section, reports
7received by the Secretary of State under this Section shall,
8except during the time the suspension is in effect, be
9privileged information and for use only by the courts, police
10officers, prosecuting authorities, the Secretary of State, or
11the individual personally, unless the person is a CDL holder,
12is operating a commercial motor vehicle or vehicle required to
13be placarded for hazardous materials, in which case the
14suspension shall not be privileged. Reports received by the
15Secretary of State under this Section shall also be made
16available to the parent or guardian of a person under the age
17of 18 years that holds an instruction permit or a graduated
18driver's license, regardless of whether the suspension is in
19effect.
20    The law enforcement officer submitting the sworn report
21shall serve immediate notice of this suspension on the person
22and the suspension and disqualification shall be effective on
23the 46th day following the date notice was given.
24    In cases where the blood alcohol concentration of more than
250.00 is established by a subsequent analysis of blood or urine,
26the police officer or arresting agency shall give notice as

 

 

HB1702- 50 -LRB097 05814 HEP 45883 b

1provided in this Section or by deposit in the United States
2mail of that notice in an envelope with postage prepaid and
3addressed to that person at his last known address and the loss
4of driving privileges shall be effective on the 46th day
5following the date notice was given.
6    Upon receipt of the sworn report of a law enforcement
7officer, the Secretary of State shall also give notice of the
8suspension and disqualification to the driver by mailing a
9notice of the effective date of the suspension and
10disqualification to the individual. However, should the sworn
11report be defective by not containing sufficient information or
12be completed in error, the notice of the suspension and
13disqualification shall not be mailed to the person or entered
14to the driving record, but rather the sworn report shall be
15returned to the issuing law enforcement agency.
16    (e) A driver may contest this suspension and
17disqualification by requesting an administrative hearing with
18the Secretary of State in accordance with Section 2-118 of this
19Code. An individual whose blood alcohol concentration is shown
20to be more than 0.00 is not subject to this Section if he or she
21consumed alcohol in the performance of a religious service or
22ceremony. An individual whose blood alcohol concentration is
23shown to be more than 0.00 shall not be subject to this Section
24if the individual's blood alcohol concentration resulted only
25from ingestion of the prescribed or recommended dosage of
26medicine that contained alcohol. The petition for that hearing

 

 

HB1702- 51 -LRB097 05814 HEP 45883 b

1shall not stay or delay the effective date of the impending
2suspension. The scope of this hearing shall be limited to the
3issues of:
4        (1) whether the police officer had probable cause to
5    believe that the person was driving or in actual physical
6    control of a motor vehicle upon the public highways of the
7    State and the police officer had reason to believe that the
8    person was in violation of any provision of the Illinois
9    Vehicle Code or a similar provision of a local ordinance;
10    and
11        (2) whether the person was issued a Uniform Traffic
12    Ticket for any violation of the Illinois Vehicle Code or a
13    similar provision of a local ordinance; and
14        (3) whether the police officer had probable cause to
15    believe that the driver had consumed any amount of an
16    alcoholic beverage based upon the driver's physical
17    actions or other first-hand knowledge of the police
18    officer; and
19        (4) whether the person, after being advised by the
20    officer that the privilege to operate a motor vehicle would
21    be suspended if the person refused to submit to and
22    complete the test or tests, did refuse to submit to or
23    complete the test or tests to determine the person's
24    alcohol concentration; and
25        (5) whether the person, after being advised by the
26    officer that the privileges to operate a motor vehicle

 

 

HB1702- 52 -LRB097 05814 HEP 45883 b

1    would be suspended if the person submits to a chemical test
2    or tests and the test or tests disclose an alcohol
3    concentration of more than 0.00, did submit to and complete
4    the test or tests that determined an alcohol concentration
5    of more than 0.00; and
6        (6) whether the test result of an alcohol concentration
7    of more than 0.00 was based upon the person's consumption
8    of alcohol in the performance of a religious service or
9    ceremony; and
10        (7) whether the test result of an alcohol concentration
11    of more than 0.00 was based upon the person's consumption
12    of alcohol through ingestion of the prescribed or
13    recommended dosage of medicine.
14    At the conclusion of the hearing held under Section 2-118
15of this Code, the Secretary of State may rescind, continue, or
16modify the suspension and disqualification. If the Secretary of
17State does not rescind the suspension and disqualification, a
18restricted driving permit may be granted by the Secretary of
19State upon application being made and good cause shown. A
20restricted driving permit may be granted to relieve undue
21hardship by allowing driving for employment, educational, and
22medical purposes as outlined in item (3) of part (c) of Section
236-206 of this Code. The provisions of item (3) of part (c) of
24Section 6-206 of this Code and of subsection (f) of that
25Section shall apply. The Secretary of State shall promulgate
26rules providing for participation in an alcohol education and

 

 

HB1702- 53 -LRB097 05814 HEP 45883 b

1awareness program or activity, a drug education and awareness
2program or activity, or both as a condition to the issuance of
3a restricted driving permit for suspensions imposed under this
4Section.
5    (f) The results of any chemical testing performed in
6accordance with subsection (a) of this Section are not
7admissible in any civil or criminal proceeding, except that the
8results of the testing may be considered at a hearing held
9under Section 2-118 of this Code. However, the results of the
10testing may not be used to impose driver's license sanctions
11under Section 11-501.1 of this Code. A law enforcement officer
12may, however, pursue a statutory summary suspension or
13revocation of driving privileges under Section 11-501.1 of this
14Code if other physical evidence or first hand knowledge forms
15the basis of that suspension or revocation.
16    (g) This Section applies only to drivers who are under age
1721 at the time of the issuance of a Uniform Traffic Ticket for
18a violation of the Illinois Vehicle Code or a similar provision
19of a local ordinance, and a chemical test request is made under
20this Section.
21    (h) The action of the Secretary of State in suspending,
22revoking, cancelling, or disqualifying any license or permit
23shall be subject to judicial review in the Circuit Court of
24Sangamon County or in the Circuit Court of Cook County, and the
25provisions of the Administrative Review Law and its rules are
26hereby adopted and shall apply to and govern every action for

 

 

HB1702- 54 -LRB097 05814 HEP 45883 b

1the judicial review of final acts or decisions of the Secretary
2of State under this Section.
3(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07;
495-627, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1080, eff.
57-16-10; 96-1344, eff. 7-1-11; revised 9-2-10.)
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.