Illinois General Assembly - Full Text of HB2885
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Full Text of HB2885  100th General Assembly

HB2885 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2885

 

Introduced , by Rep. Jehan Gordon-Booth

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501.6  from Ch. 95 1/2, par. 11-501.6

    Amends the Illinois Vehicle Code. Provides that any person who drives or is in actual control of a motor vehicle upon the public highways of this State and who has been involved in a fatal motor vehicle accident shall be deemed to have given consent, regardless of whether an arrest takes place, to tests of blood, breath, other bodily substance, or urine to detect alcohol, drugs, or intoxicating compounds. Provides that both a test of the concentration of alcohol in the person's breath and a test of blood, other bodily substance, or urine for the purpose of determining the content of alcohol, drugs, or intoxicating compounds of the person's blood shall be administered. Provides that the required tests be conducted within one hour of the arrival of law enforcement personnel at the scene of the accident or, if the driver has fled the scene of the accident, within one hour of apprehending the driver.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
5Section 11-501.6 as follows:
 
6    (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
7    Sec. 11-501.6. Driver involvement in personal injury or
8fatal motor vehicle accident; chemical test.
9    (a) Any person who drives or is in actual control of a
10motor vehicle upon the public highways of this State and who
11has been involved in a personal injury or fatal motor vehicle
12accident, shall be deemed to have given consent to a breath
13test using a portable device as approved by the Department of
14State Police or to a chemical test or tests of blood, breath,
15other bodily substance, or urine for the purpose of determining
16the content of alcohol, other drug or drugs, or intoxicating
17compound or compounds of such person's blood if arrested as
18evidenced by the issuance of a Uniform Traffic Ticket for any
19violation of the Illinois Vehicle Code or a similar provision
20of a local ordinance, with the exception of equipment
21violations contained in Chapter 12 of this Code, or similar
22provisions of local ordinances. The test or tests shall be
23administered at the direction of the arresting officer within

 

 

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1one hour of the arrival of law enforcement personnel at the
2scene of the accident or, if the driver has fled the scene of
3the accident, within one hour of apprehending the driver. The
4law enforcement agency employing the officer shall designate
5which of the aforesaid tests shall be administered. Up to 2
6additional tests of urine or other bodily substance may be
7administered even after a blood or breath test or both have has
8been administered. Compliance with this Section does not
9relieve such person from the requirements of Section 11-501.1
10of this Code.
11    (a-5) Any person who drives or is in actual control of a
12motor vehicle upon the public highways of this State and who
13has been involved in a fatal motor vehicle accident shall be
14deemed to have given consent to a breath test using a portable
15device as approved by the Department of State Police and to a
16chemical test or tests of blood, breath, other bodily
17substance, or urine for the purpose of determining the content
18of alcohol, other drug or drugs, or intoxicating compound or
19compounds of such person's blood. This Section shall not apply
20to those persons arrested for a violation under Section 11-501
21of this Code or a similar violation of a local ordinance, in
22which case the provisions of Section 11-501.1 shall apply. The
23tests shall be administered at the direction of the officer
24responding to the vehicle accident. Both a test of the
25concentration of alcohol in the person's breath and a test of
26blood, other bodily substance, or urine for the purpose of

 

 

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

 

 

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1    (c) A person requested to submit to a test as provided
2above shall be warned by the law enforcement officer requesting
3the test that a refusal to submit to the test, or submission to
4the test resulting in an alcohol concentration of 0.08 or more,
5or testing discloses the presence of cannabis as listed in the
6Cannabis Control Act with a tetrahydrocannabinol concentration
7as defined in paragraph 6 of subsection (a) of Section 11-501.2
8of this Code, or any amount of a drug, substance, or
9intoxicating compound resulting from the unlawful use or
10consumption of a controlled substance listed in the Illinois
11Controlled Substances Act, an intoxicating compound listed in
12the Use of Intoxicating Compounds Act, or methamphetamine as
13listed in the Methamphetamine Control and Community Protection
14Act as detected in such person's blood, other bodily substance,
15or urine, may result in the suspension of such person's
16privilege to operate a motor vehicle. If the person is also a
17CDL holder, he or she shall be warned by the law enforcement
18officer requesting the test that a refusal to submit to the
19test, or submission to the test resulting in an alcohol
20concentration of 0.08 or more, or any amount of a drug,
21substance, or intoxicating compound resulting from the
22unlawful use or consumption of cannabis, as covered by the
23Cannabis Control Act, a controlled substance listed in the
24Illinois Controlled Substances Act, an intoxicating compound
25listed in the Use of Intoxicating Compounds Act, or
26methamphetamine as listed in the Methamphetamine Control and

 

 

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1Community Protection Act as detected in the person's blood,
2other bodily substance, or urine, may result in the
3disqualification of the person's privilege to operate a
4commercial motor vehicle, as provided in Section 6-514 of this
5Code. The length of the suspension shall be the same as
6outlined in Section 6-208.1 of this Code regarding statutory
7summary suspensions.
8    A person requested to submit to a test shall also
9acknowledge, in writing, receipt of the warning required under
10this Section. If the person refuses to acknowledge receipt of
11the warning, the law enforcement officer shall make a written
12notation on the warning that the person refused to sign the
13warning. A person's refusal to sign the warning shall not be
14evidence that the person was not read the warning.
15    (d) If the person refuses testing or submits to a test
16which discloses an alcohol concentration of 0.08 or more, the
17presence of cannabis as listed in the Cannabis Control Act with
18a tetrahydrocannabinol concentration as defined in paragraph 6
19of subsection (a) of Section 11-501.2 of this Code, or any
20amount of a drug, substance, or intoxicating compound in such
21person's blood or urine resulting from the unlawful use or
22consumption of a controlled substance listed in the Illinois
23Controlled Substances Act, an intoxicating compound listed in
24the Use of Intoxicating Compounds Act, or methamphetamine as
25listed in the Methamphetamine Control and Community Protection
26Act, the law enforcement officer shall immediately submit a

 

 

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1sworn report to the Secretary of State on a form prescribed by
2the Secretary, certifying that the test or tests were requested
3under subsection (a) and the person refused to submit to a test
4or tests or submitted to testing which disclosed an alcohol
5concentration of 0.08 or more, the presence of cannabis as
6listed in the Cannabis Control Act with a tetrahydrocannabinol
7concentration as defined in paragraph 6 of subsection (a) of
8Section 11-501.2 of this Code, or any amount of a drug,
9substance, or intoxicating compound in such person's blood,
10other bodily substance, or urine, resulting from the unlawful
11use or consumption of a controlled substance listed in the
12Illinois Controlled Substances Act, an intoxicating compound
13listed in the Use of Intoxicating Compounds Act, or
14methamphetamine as listed in the Methamphetamine Control and
15Community Protection Act. If the person is also a CDL holder
16and refuses testing or submits to a test which discloses an
17alcohol concentration of 0.08 or more, or any amount of a drug,
18substance, or intoxicating compound in the person's blood,
19other bodily substance, or urine resulting from the unlawful
20use or consumption of cannabis listed in the Cannabis Control
21Act, a controlled substance listed in the Illinois Controlled
22Substances Act, an intoxicating compound listed in the Use of
23Intoxicating Compounds Act, or methamphetamine as listed in the
24Methamphetamine Control and Community Protection Act, the law
25enforcement officer shall immediately submit a sworn report to
26the Secretary of State on a form prescribed by the Secretary,

 

 

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1certifying that the test or tests were requested under
2subsection (a) and the person refused to submit to a test or
3tests or submitted to testing which disclosed an alcohol
4concentration of 0.08 or more, or any amount of a drug,
5substance, or intoxicating compound in such person's blood,
6other bodily substance, or urine, resulting from the unlawful
7use or consumption of cannabis listed in the Cannabis Control
8Act, a controlled substance listed in the Illinois Controlled
9Substances Act, an intoxicating compound listed in the Use of
10Intoxicating Compounds Act, or methamphetamine as listed in the
11Methamphetamine Control and Community Protection Act.
12    Upon receipt of the sworn report of a law enforcement
13officer, the Secretary shall enter the suspension and
14disqualification to the individual's driving record and the
15suspension and disqualification shall be effective on the 46th
16day following the date notice of the suspension was given to
17the person.
18    The law enforcement officer submitting the sworn report
19shall serve immediate notice of this suspension on the person
20and such suspension and disqualification shall be effective on
21the 46th day following the date notice was given.
22    In cases involving a person who is not a CDL holder where
23the blood alcohol concentration of 0.08 or more, or blood
24testing discloses the presence of cannabis as listed in the
25Cannabis Control Act with a tetrahydrocannabinol concentration
26as defined in paragraph 6 of subsection (a) of Section 11-501.2

 

 

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1of this Code, or any amount of a drug, substance, or
2intoxicating compound resulting from the unlawful use or
3consumption of a controlled substance listed in the Illinois
4Controlled Substances Act, an intoxicating compound listed in
5the Use of Intoxicating Compounds Act, or methamphetamine as
6listed in the Methamphetamine Control and Community Protection
7Act, is established by a subsequent analysis of blood, other
8bodily substance, or urine collected at the time of arrest, the
9arresting officer shall give notice as provided in this Section
10or by deposit in the United States mail of such notice in an
11envelope with postage prepaid and addressed to such person at
12his or her address as shown on the Uniform Traffic Ticket and
13the suspension shall be effective on the 46th day following the
14date notice was given.
15    In cases involving a person who is a CDL holder where the
16blood alcohol concentration of 0.08 or more, or any amount of a
17drug, substance, or intoxicating compound resulting from the
18unlawful use or consumption of cannabis as listed in the
19Cannabis Control Act, a controlled substance listed in the
20Illinois Controlled Substances Act, an intoxicating compound
21listed in the Use of Intoxicating Compounds Act, or
22methamphetamine as listed in the Methamphetamine Control and
23Community Protection Act, is established by a subsequent
24analysis of blood, other bodily substance, or urine collected
25at the time of arrest, the arresting officer shall give notice
26as provided in this Section or by deposit in the United States

 

 

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1mail of such notice in an envelope with postage prepaid and
2addressed to the person at his or her address as shown on the
3Uniform Traffic Ticket and the suspension and disqualification
4shall be effective on the 46th day following the date notice
5was given.
6    Upon receipt of the sworn report of a law enforcement
7officer, the Secretary shall also give notice of the suspension
8and disqualification to the driver by mailing a notice of the
9effective date of the suspension and disqualification to the
10individual. However, should the sworn report be defective by
11not containing sufficient information or be completed in error,
12the notice of the suspension and disqualification shall not be
13mailed to the person or entered to the driving record, but
14rather the sworn report shall be returned to the issuing law
15enforcement agency.
16    (e) A driver may contest this suspension of his or her
17driving privileges and disqualification of his or her CDL
18privileges by requesting an administrative hearing with the
19Secretary in accordance with Section 2-118 of this Code. At the
20conclusion of a hearing held under Section 2-118 of this Code,
21the Secretary may rescind, continue, or modify the orders of
22suspension and disqualification. If the Secretary does not
23rescind the orders of suspension and disqualification, a
24restricted driving permit may be granted by the Secretary upon
25application being made and good cause shown. A restricted
26driving permit may be granted to relieve undue hardship to

 

 

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1allow driving for employment, educational, and medical
2purposes as outlined in Section 6-206 of this Code. The
3provisions of Section 6-206 of this Code shall apply. In
4accordance with 49 C.F.R. 384, the Secretary of State may not
5issue a restricted driving permit for the operation of a
6commercial motor vehicle to a person holding a CDL whose
7driving privileges have been suspended, revoked, cancelled, or
8disqualified.
9    (f) (Blank).
10    (g) For the purposes of this Section, a personal injury
11shall include any type A injury as indicated on the traffic
12accident report completed by a law enforcement officer that
13requires immediate professional attention in either a doctor's
14office or a medical facility. A type A injury shall include
15severely bleeding wounds, distorted extremities, and injuries
16that require the injured party to be carried from the scene.
17(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)