093_HB0490

 
                                     LRB093 06409 DRH 06531 b

 1        AN ACT concerning vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 11-501.2 as follows:

 6        (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
 7        Sec. 11-501.2.  Chemical and other tests.
 8        (a)  Upon  the  trial  of any civil or criminal action or
 9    proceeding arising out of an arrest for an offense as defined
10    in Section 11-501 or a similar local ordinance or proceedings
11    pursuant to Section 2-118.1, evidence of the concentration of
12    alcohol, other drug or drugs,  or  intoxicating  compound  or
13    compounds,  or any combination thereof in a person's blood or
14    breath at the time alleged, as determined by analysis of  the
15    person's  blood,  urine,  breath  or  other bodily substance,
16    shall be admissible.  Where such test is made  the  following
17    provisions shall apply:
18             1.  Chemical  analyses of the person's blood, urine,
19        breath or other bodily substance to be  considered  valid
20        under  the  provisions  of  this  Section shall have been
21        performed  according  to  standards  promulgated  by  the
22        Department of  State  Police  by  a  licensed  physician,
23        registered  nurse,  trained phlebotomist acting under the
24        direction of a licensed physician,  certified  paramedic,
25        or  other  individual possessing a valid permit issued by
26        that Department for this purpose.  The Director of  State
27        Police  is  authorized to approve satisfactory techniques
28        or  methods,  to   ascertain   the   qualifications   and
29        competence  of  individuals  to conduct such analyses, to
30        issue permits which shall be subject  to  termination  or
31        revocation  at  the  discretion of that Department and to
 
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 1        certify the accuracy of  breath  testing  equipment.  The
 2        Department of State Police shall prescribe regulations as
 3        necessary to implement this Section.
 4             2.  When  a  person  in this State shall submit to a
 5        blood test at the request of a  law  enforcement  officer
 6        under   the   provisions  of  Section  11-501.1,  only  a
 7        physician authorized to practice medicine,  a  registered
 8        nurse,  trained  phlebotomist, or certified paramedic, or
 9        other qualified person  approved  by  the  Department  of
10        State  Police  may  withdraw  blood  for  the  purpose of
11        determining  the  alcohol,  drug,  or  alcohol  and  drug
12        content therein. This limitation shall not apply  to  the
13        taking of breath or urine specimens.
14             When  a blood test of a person who has been taken to
15        an adjoining state for medical treatment is requested  by
16        an  Illinois  law  enforcement  officer, the blood may be
17        withdrawn only by  a  physician  authorized  to  practice
18        medicine  in  the  adjoining state, a registered nurse, a
19        trained phlebotomist acting under the  direction  of  the
20        physician,  or  certified  paramedic. The law enforcement
21        officer requesting the test shall  take  custody  of  the
22        blood sample, and the blood sample shall be analyzed by a
23        laboratory  certified  by  the Department of State Police
24        for that purpose.
25             3.  The person tested may have  a  physician,  or  a
26        qualified technician, chemist, registered nurse, or other
27        qualified  person  of  their  own  choosing  administer a
28        chemical test or tests in addition to any administered at
29        the direction of a law enforcement officer.  The  failure
30        or  inability  to  obtain  an additional test by a person
31        shall not preclude the admission of evidence relating  to
32        the  test  or  tests  taken  at  the  direction  of a law
33        enforcement officer.
34             4.  Upon the request of the person who shall  submit
 
                            -3-      LRB093 06409 DRH 06531 b
 1        to  a  chemical  test  or  tests  at the request of a law
 2        enforcement officer, full information concerning the test
 3        or tests shall be made available to the  person  or  such
 4        person's attorney.
 5             5.  Alcohol concentration shall mean either grams of
 6        alcohol  per 100 milliliters of blood or grams of alcohol
 7        per 210 liters of breath.
 8        (b)  Upon the trial of any civil or  criminal  action  or
 9    proceeding arising out of acts alleged to have been committed
10    by  any person while driving or in actual physical control of
11    a  vehicle  while  under  the  influence  of   alcohol,   the
12    concentration  of  alcohol in the person's blood or breath at
13    the time alleged as shown by analysis of the person's  blood,
14    urine,  breath,  or other bodily substance shall give rise to
15    the following presumptions:
16             1.  If  there  was   at   that   time   an   alcohol
17        concentration  of 0.05 or less, it shall be presumed that
18        the person was not under the influence of alcohol.
19             2.  If  there  was   at   that   time   an   alcohol
20        concentration  in excess of 0.05 but less than 0.08, such
21        facts shall not give rise to  any  presumption  that  the
22        person was or was not under the influence of alcohol, but
23        such fact may be considered with other competent evidence
24        in determining whether the person was under the influence
25        of alcohol.
26             3.  If   there   was   at   that   time  an  alcohol
27        concentration of 0.08 or more, it shall be presumed  that
28        the person was under the influence of alcohol.
29             4.  The  foregoing  provisions of this Section shall
30        not be construed as  limiting  the  introduction  of  any
31        other relevant evidence bearing upon the question whether
32        the person was under the influence of alcohol.

33        (c) 1.  If  a  person under arrest refuses to submit to a
34    chemical test  under  the  provisions  of  Section  11-501.1,
 
                            -4-      LRB093 06409 DRH 06531 b
 1    evidence  of  refusal  shall  be  admissible  in any civil or
 2    criminal action or proceeding arising out of acts alleged  to
 3    have  been  committed while the person under the influence of
 4    alcohol, other drug or drugs,  or  intoxicating  compound  or
 5    compounds,  or  any  combination  thereof  was  driving or in
 6    actual physical control of a motor vehicle.
 7             2.  Notwithstanding any ability to refuse under this
 8        Code to submit to these tests or any  ability  to  revoke
 9        the  implied consent to these tests, if a law enforcement
10        officer has  probable  cause  to  believe  that  a  motor
11        vehicle  driven  by  or  in  actual physical control of a
12        person under the influence  of  alcohol,  other  drug  or
13        drugs,  or  intoxicating  compound  or  compounds, or any
14        combination thereof has  caused  the  death  or  personal
15        injury  to  another,  that  person shall submit, upon the
16        request of a law enforcement officer, to a chemical  test
17        or  tests  of  his  or her blood, breath or urine for the
18        purpose of determining the alcohol content thereof or the
19        presence of any other drug or combination of both.   Upon
20        request by a law enforcement officer, a person authorized
21        under  this  Article  to  withdraw blood or collect urine
22        must withdraw blood and  obtain  urine  samples  for  the
23        purpose of determining the alcohol or drug content.
24        This  provision  does  not affect the applicability of or
25    imposition  of  driver's  license  sanctions  under   Section
26    11-501.1 of this Code.
27             3.  For  purposes of this Section, a personal injury
28        includes any Type A injury as indicated  on  the  traffic
29        accident  report  completed  by a law enforcement officer
30        that requires immediate professional attention in  either
31        a doctor's office or a medical facility.  A Type A injury
32        includes  severe  bleeding wounds, distorted extremities,
33        and injuries that require the injured party to be carried
34        from the scene.
 
                            -5-      LRB093 06409 DRH 06531 b
 1    (Source: P.A.  90-43,  eff.  7-2-97;  90-779,  eff.   1-1-99;
 2    91-828, eff. 1-1-01.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.