97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4583

 

Introduced 2/1/2012, by Rep. Donald L. Moffitt

 

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

    Amends the Illinois Vehicle Code. Removes certified paramedics from the list of persons within the State qualified to draw blood for alcohol and drug testing. Provides that a qualified person certified (instead of "trained") in venipuncture and acting under the direction of a licensed physician may withdraw blood for the purpose of determining the alcohol content therein.


LRB097 17797 HEP 63013 b

 

 

A BILL FOR

 

HB4583LRB097 17797 HEP 63013 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 11-501.2 and 11-501.8 as follows:
 
6    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
7    Sec. 11-501.2. Chemical and other tests.
8    (a) Upon the trial of any civil or criminal action or
9proceeding arising out of an arrest for an offense as defined
10in Section 11-501 or a similar local ordinance or proceedings
11pursuant to Section 2-118.1, evidence of the concentration of
12alcohol, other drug or drugs, or intoxicating compound or
13compounds, or any combination thereof in a person's blood or
14breath at the time alleged, as determined by analysis of the
15person's blood, urine, breath or other bodily substance, shall
16be admissible. Where such test is made the following provisions
17shall apply:
18        1. Chemical analyses of the person's blood, urine,
19    breath or other bodily substance to be considered valid
20    under the provisions of this Section shall have been
21    performed according to standards promulgated by the
22    Department of State Police by a licensed physician,
23    registered nurse, trained phlebotomist, certified

 

 

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1    paramedic, or other individual possessing a valid permit
2    issued by that Department for this purpose. The Director of
3    State Police is authorized to approve satisfactory
4    techniques or methods, to ascertain the qualifications and
5    competence of individuals to conduct such analyses, to
6    issue permits which shall be subject to termination or
7    revocation at the discretion of that Department and to
8    certify the accuracy of breath testing equipment. The
9    Department of State Police shall prescribe regulations as
10    necessary to implement this Section.
11        2. When a person in this State shall submit to a blood
12    test at the request of a law enforcement officer under the
13    provisions of Section 11-501.1, only a physician
14    authorized to practice medicine, a licensed physician
15    assistant, a licensed advanced practice nurse, a
16    registered nurse, trained phlebotomist, or certified
17    paramedic, or other qualified person approved by the
18    Department of State Police may withdraw blood for the
19    purpose of determining the alcohol, drug, or alcohol and
20    drug content therein. This limitation shall not apply to
21    the taking of breath or urine specimens.
22        When a blood test of a person who has been taken to an
23    adjoining state for medical treatment is requested by an
24    Illinois law enforcement officer, the blood may be
25    withdrawn only by a physician authorized to practice
26    medicine in the adjoining state, a licensed physician

 

 

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1    assistant, a licensed advanced practice nurse, a
2    registered nurse, a trained phlebotomist acting under the
3    direction of the physician, or certified paramedic. The law
4    enforcement officer requesting the test shall take custody
5    of the blood sample, and the blood sample shall be analyzed
6    by a laboratory certified by the Department of State Police
7    for that purpose.
8        3. The person tested may have a physician, or a
9    qualified technician, chemist, registered nurse, or other
10    qualified person of their own choosing administer a
11    chemical test or tests in addition to any administered at
12    the direction of a law enforcement officer. The failure or
13    inability to obtain an additional test by a person shall
14    not preclude the admission of evidence relating to the test
15    or tests taken at the direction of a law enforcement
16    officer.
17        4. Upon the request of the person who shall submit to a
18    chemical test or tests at the request of a law enforcement
19    officer, full information concerning the test or tests
20    shall be made available to the person or such person's
21    attorney.
22        5. Alcohol concentration shall mean either grams of
23    alcohol per 100 milliliters of blood or grams of alcohol
24    per 210 liters of breath.
25    (b) Upon the trial of any civil or criminal action or
26proceeding arising out of acts alleged to have been committed

 

 

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1by any person while driving or in actual physical control of a
2vehicle while under the influence of alcohol, the concentration
3of alcohol in the person's blood or breath at the time alleged
4as shown by analysis of the person's blood, urine, breath, or
5other bodily substance shall give rise to the following
6presumptions:
7        1. If there was at that time an alcohol concentration
8    of 0.05 or less, it shall be presumed that the person was
9    not under the influence of alcohol.
10        2. If there was at that time an alcohol concentration
11    in excess of 0.05 but less than 0.08, such facts shall not
12    give rise to any presumption that the person was or was not
13    under the influence of alcohol, but such fact may be
14    considered with other competent evidence in determining
15    whether the person was under the influence of alcohol.
16        3. If there was at that time an alcohol concentration
17    of 0.08 or more, it shall be presumed that the person was
18    under the influence of alcohol.
19        4. The foregoing provisions of this Section shall not
20    be construed as limiting the introduction of any other
21    relevant evidence bearing upon the question whether the
22    person was under the influence of alcohol.
23    (c) 1. If a person under arrest refuses to submit to a
24chemical test under the provisions of Section 11-501.1,
25evidence of refusal shall be admissible in any civil or
26criminal action or proceeding arising out of acts alleged to

 

 

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1have been committed while the person under the influence of
2alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof was driving or in actual
4physical control of a motor vehicle.
5    2. Notwithstanding any ability to refuse under this Code to
6submit to these tests or any ability to revoke the implied
7consent to these tests, if a law enforcement officer has
8probable cause to believe that a motor vehicle driven by or in
9actual physical control of a person under the influence of
10alcohol, other drug or drugs, or intoxicating compound or
11compounds, or any combination thereof has caused the death or
12personal injury to another, the law enforcement officer shall
13request, and that person shall submit, upon the request of a
14law enforcement officer, to a chemical test or tests of his or
15her blood, breath or urine for the purpose of determining the
16alcohol content thereof or the presence of any other drug or
17combination of both.
18    This provision does not affect the applicability of or
19imposition of driver's license sanctions under Section
2011-501.1 of this Code.
21    3. For purposes of this Section, a personal injury includes
22any Type A injury as indicated on the traffic accident report
23completed by a law enforcement officer that requires immediate
24professional attention in either a doctor's office or a medical
25facility. A Type A injury includes severe bleeding wounds,
26distorted extremities, and injuries that require the injured

 

 

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1party to be carried from the scene.
2(Source: P.A. 96-289, eff. 8-11-09; 97-450, eff. 8-19-11;
397-471, eff. 8-22-11; revised 10-4-11.)
 
4    (625 ILCS 5/11-501.8)
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,

 

 

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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 certified trained in venipuncture and
24    acting under the direction of a licensed physician may
25    withdraw blood for the purpose of determining the alcohol
26    content therein. This limitation does not apply to the

 

 

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1    taking of breath or 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 certified trained in venipuncture and
23    acting under the direction of a licensed physician shall
24    withdraw blood for testing purposes to ascertain the
25    presence of alcohol upon the specific request of a law
26    enforcement officer. However, that testing shall not be

 

 

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1    performed until, in the opinion of the medical personnel on
2    scene, the withdrawal can be made without interfering with
3    or endangering the 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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1the judicial review of final acts or decisions of the Secretary
2of State under this Section.
3(Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11;
497-333, eff. 8-12-11; 97-450, eff. 8-19-11.)