HB1351 Engrossed LRB094 09428 DRH 39675 b

1     AN ACT concerning transportation.
 
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 changing
5 Sections 11-401 and 11-501.1 as follows:
 
6     (625 ILCS 5/11-401)  (from Ch. 95 1/2, par. 11-401)
7     Sec. 11-401. Motor vehicle accidents involving death or
8 personal injuries.
9     (a) The driver of any vehicle involved in a motor vehicle
10 accident resulting in personal injury to or death of any person
11 shall immediately stop such vehicle at the scene of such
12 accident, or as close thereto as possible and shall then
13 forthwith return to, and in every event shall remain at the
14 scene of the accident until the requirements of Section 11-403
15 have been fulfilled. Every such stop shall be made without
16 obstructing traffic more than is necessary.
17     (b) Any person who has failed to stop or to comply with the
18 requirements of paragraph (a) shall, as soon as possible but in
19 no case later than one-half hour after such motor vehicle
20 accident, or, if hospitalized and incapacitated from reporting
21 at any time during such period, as soon as possible but in no
22 case later than one-half hour after being discharged from the
23 hospital, report the place of the accident, the date, the
24 approximate time, the driver's name and address, the
25 registration number of the vehicle driven, and the names of all
26 other occupants of such vehicle, at a police station or
27 sheriff's office near the place where such accident occurred.
28 No report made as required under this paragraph shall be used,
29 directly or indirectly, as a basis for the prosecution of any
30 violation of paragraph (a).
31     (b-1) Any person arrested for violating this Section is
32 subject to chemical testing of his or her blood, breath, or

 

 

HB1351 Engrossed - 2 - LRB094 09428 DRH 39675 b

1 urine for the presence of alcohol, other drug or drugs,
2 intoxicating compound or compounds, or any combination
3 thereof, as provided in Section 11-501.1, if the testing occurs
4 within 12 hours of the time of the occurrence of the accident
5 that led to his or her arrest. The person's driving privileges
6 are subject to statutory summary suspension under Section
7 11-501.1 if he or she fails or refuses to undergo the testing.
8     For purposes of this Section, personal injury shall mean
9 any injury requiring immediate professional treatment in a
10 medical facility or doctor's office.
11     (c) Any person failing to comply with paragraph (a) shall
12 be guilty of a Class 4 felony.
13     (d) Any person failing to comply with paragraph (b) is
14 guilty of a Class 3 felony if the motor vehicle accident does
15 not result in the death of any person. Any person failing to
16 comply with paragraph (b) when the accident results in the
17 death of any person is guilty of a Class 2 felony, for which
18 the person, if sentenced to a term of imprisonment, shall be
19 sentenced to a term of not less than 3 years and not more than
20 14 years.
21     (e) The Secretary of State shall revoke the driving
22 privilege of any person convicted of a violation of this
23 Section.
24 (Source: P.A. 93-684, eff. 1-1-05.)
 
25     (625 ILCS 5/11-501.1)  (from Ch. 95 1/2, par. 11-501.1)
26     Sec. 11-501.1. Suspension of drivers license; statutory
27 summary alcohol, other drug or drugs, or intoxicating compound
28 or compounds related suspension; implied consent.
29     (a) Any person who drives or is in actual physical control
30 of a motor vehicle upon the public highways of this State shall
31 be deemed to have given consent, subject to the provisions of
32 Section 11-501.2, to a chemical test or tests of blood, breath,
33 or urine for the purpose of determining the content of alcohol,
34 other drug or drugs, or intoxicating compound or compounds or
35 any combination thereof in the person's blood if arrested, as

 

 

HB1351 Engrossed - 3 - LRB094 09428 DRH 39675 b

1 evidenced by the issuance of a Uniform Traffic Ticket, for any
2 offense as defined in Section 11-501 or a similar provision of
3 a local ordinance, or if arrested for violating Section 11-401.
4 The test or tests shall be administered at the direction of the
5 arresting officer. The law enforcement agency employing the
6 officer shall designate which of the aforesaid tests shall be
7 administered. A urine test may be administered even after a
8 blood or breath test or both has been administered. For
9 purposes of this Section, an Illinois law enforcement officer
10 of this State who is investigating the person for any offense
11 defined in Section 11-501 may travel into an adjoining state,
12 where the person has been transported for medical care, to
13 complete an investigation and to request that the person submit
14 to the test or tests set forth in this Section. The
15 requirements of this Section that the person be arrested are
16 inapplicable, but the officer shall issue the person a Uniform
17 Traffic Ticket for an offense as defined in Section 11-501 or a
18 similar provision of a local ordinance prior to requesting that
19 the person submit to the test or tests. The issuance of the
20 Uniform Traffic Ticket shall not constitute an arrest, but
21 shall be for the purpose of notifying the person that he or she
22 is subject to the provisions of this Section and of the
23 officer's belief of the existence of probable cause to arrest.
24 Upon returning to this State, the officer shall file the
25 Uniform Traffic Ticket with the Circuit Clerk of the county
26 where the offense was committed, and shall seek the issuance of
27 an arrest warrant or a summons for the person.
28     (b) Any person who is dead, unconscious, or who is
29 otherwise in a condition rendering the person incapable of
30 refusal, shall be deemed not to have withdrawn the consent
31 provided by paragraph (a) of this Section and the test or tests
32 may be administered, subject to the provisions of Section
33 11-501.2.
34     (c) A person requested to submit to a test as provided
35 above shall be warned by the law enforcement officer requesting
36 the test that a refusal to submit to the test will result in

 

 

HB1351 Engrossed - 4 - LRB094 09428 DRH 39675 b

1 the statutory summary suspension of the person's privilege to
2 operate a motor vehicle as provided in Section 6-208.1 of this
3 Code. The person shall also be warned by the law enforcement
4 officer that if the person submits to the test or tests
5 provided in paragraph (a) of this Section and the alcohol
6 concentration in the person's blood or breath is 0.08 or
7 greater, or any amount of a drug, substance, or compound
8 resulting from the unlawful use or consumption of cannabis as
9 covered by the Cannabis Control Act, a controlled substance
10 listed in the Illinois Controlled Substances Act, or an
11 intoxicating compound listed in the Use of Intoxicating
12 Compounds Act is detected in the person's blood or urine, a
13 statutory summary suspension of the person's privilege to
14 operate a motor vehicle, as provided in Sections 6-208.1 and
15 11-501.1 of this Code, will be imposed.
16     A person who is under the age of 21 at the time the person
17 is requested to submit to a test as provided above shall, in
18 addition to the warnings provided for in this Section, be
19 further warned by the law enforcement officer requesting the
20 test that if the person submits to the test or tests provided
21 in paragraph (a) of this Section and the alcohol concentration
22 in the person's blood or breath is greater than 0.00 and less
23 than 0.08, a suspension of the person's privilege to operate a
24 motor vehicle, as provided under Sections 6-208.2 and 11-501.8
25 of this Code, will be imposed. The results of this test shall
26 be admissible in a civil or criminal action or proceeding
27 arising from an arrest for an offense as defined in Section
28 11-501 of this Code or a similar provision of a local ordinance
29 or pursuant to Section 11-501.4 in prosecutions for reckless
30 homicide brought under the Criminal Code of 1961. These test
31 results, however, shall be admissible only in actions or
32 proceedings directly related to the incident upon which the
33 test request was made.
34     (d) If the person refuses testing or submits to a test that
35 discloses an alcohol concentration of 0.08 or more, or any
36 amount of a drug, substance, or intoxicating compound in the

 

 

HB1351 Engrossed - 5 - LRB094 09428 DRH 39675 b

1 person's breath, blood, or urine resulting from the unlawful
2 use or consumption of cannabis listed in the Cannabis Control
3 Act, a controlled substance listed in the Illinois Controlled
4 Substances Act, or an intoxicating compound listed in the Use
5 of Intoxicating Compounds Act, the law enforcement officer
6 shall immediately submit a sworn report to the circuit court of
7 venue and the Secretary of State, certifying that the test or
8 tests was or were requested under paragraph (a) and the person
9 refused to submit to a test, or tests, or submitted to testing
10 that disclosed an alcohol concentration of 0.08 or more.
11     (e) Upon receipt of the sworn report of a law enforcement
12 officer submitted under paragraph (d), the Secretary of State
13 shall enter the statutory summary suspension for the periods
14 specified in Section 6-208.1, and effective as provided in
15 paragraph (g).
16     If the person is a first offender as defined in Section
17 11-500 of this Code, and is not convicted of a violation of
18 Section 11-501 of this Code or a similar provision of a local
19 ordinance, then reports received by the Secretary of State
20 under this Section shall, except during the actual time the
21 Statutory Summary Suspension is in effect, be privileged
22 information and for use only by the courts, police officers,
23 prosecuting authorities or the Secretary of State.
24     (f) The law enforcement officer submitting the sworn report
25 under paragraph (d) shall serve immediate notice of the
26 statutory summary suspension on the person and the suspension
27 shall be effective as provided in paragraph (g). In cases where
28 the blood alcohol concentration of 0.08 or greater or any
29 amount of a drug, substance, or compound resulting from the
30 unlawful use or consumption of cannabis as covered by the
31 Cannabis Control Act, a controlled substance listed in the
32 Illinois Controlled Substances Act, or an intoxicating
33 compound listed in the Use of Intoxicating Compounds Act is
34 established by a subsequent analysis of blood or urine
35 collected at the time of arrest, the arresting officer or
36 arresting agency shall give notice as provided in this Section

 

 

HB1351 Engrossed - 6 - LRB094 09428 DRH 39675 b

1 or by deposit in the United States mail of the notice in an
2 envelope with postage prepaid and addressed to the person at
3 his address as shown on the Uniform Traffic Ticket and the
4 statutory summary suspension shall begin as provided in
5 paragraph (g). The officer shall confiscate any Illinois
6 driver's license or permit on the person at the time of arrest.
7 If the person has a valid driver's license or permit, the
8 officer shall issue the person a receipt, in a form prescribed
9 by the Secretary of State, that will allow that person to drive
10 during the periods provided for in paragraph (g). The officer
11 shall immediately forward the driver's license or permit to the
12 circuit court of venue along with the sworn report provided for
13 in paragraph (d).
14     (g) The statutory summary suspension referred to in this
15 Section shall take effect on the 46th day following the date
16 the notice of the statutory summary suspension was given to the
17 person.
18     (h) The following procedure shall apply whenever a person
19 is arrested for any offense as defined in Section 11-501 or a
20 similar provision of a local ordinance:
21     Upon receipt of the sworn report from the law enforcement
22 officer, the Secretary of State shall confirm the statutory
23 summary suspension by mailing a notice of the effective date of
24 the suspension to the person and the court of venue. However,
25 should the sworn report be defective by not containing
26 sufficient information or be completed in error, the
27 confirmation of the statutory summary suspension shall not be
28 mailed to the person or entered to the record; instead, the
29 sworn report shall be forwarded to the court of venue with a
30 copy returned to the issuing agency identifying any defect.
31 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-357,
32 eff. 7-29-99.)