97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3092

 

Introduced 2/23/2011, by Rep. Jack D. Franks

 

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

    Amends the Illinois Vehicle Code. Adds language providing that a law enforcement officer must offer a chemical test to any person who the officer has reason to believe operated a vehicle that was involved in a type A personal injury or fatal motor vehicle accident. In language providing that a 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 type A personal injury or fatal motor vehicle accident is deemed to have given consent to a breath test or chemical test for alcohol or drugs, deletes language limiting that consent to situations where the person is arrested. Effective July 1, 2011.


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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    (Text of Section after amendment by P.A. 96-1344)
8    Sec. 11-501.6. Driver involvement in personal injury or
9fatal motor vehicle accident not involving an arrest for a
10violation of Section 11-501; driving under the influence of
11alcohol, other drug or drugs, intoxicating compounds, or any
12combination thereof; chemical test.
13    (a) Any person who drives or is in actual control of a
14motor vehicle upon the public highways of this State and who
15has been involved in a personal injury or fatal motor vehicle
16accident, shall be deemed to have given consent to a breath
17test using a portable device as approved by the Department of
18State Police or to a chemical test or tests of blood, breath,
19or urine for the purpose of determining the content of alcohol,
20other drug or drugs, or intoxicating compound or compounds of
21such person's blood if arrested as evidenced by the issuance of
22a Uniform Traffic Ticket for any violation of the Illinois
23Vehicle Code or a similar provision of a local ordinance, with

 

 

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1the exception of equipment violations contained in Chapter 12
2of this Code, or similar provisions of local ordinances. A law
3enforcement officer must offer such a breath test or chemical
4test to any person who the officer has reason to believe
5operated a vehicle that was involved in a personal injury or
6fatal motor vehicle accident. This Section shall not apply to
7those persons arrested for a violation of Section 11-501 or a
8similar violation of a local ordinance, in which case the
9provisions of Section 11-501.1 shall apply. The test or tests
10shall be administered at the direction of the arresting
11officer. The law enforcement agency employing the officer shall
12designate which of the aforesaid tests shall be administered. A
13urine test may be administered even after a blood or breath
14test or both has been administered. Compliance with this
15Section does not relieve such person from the requirements of
16Section 11-501.1 of this Code.
17    (b) Any person who is dead, unconscious or who is otherwise
18in a condition rendering such person incapable of refusal shall
19be deemed not to have withdrawn the consent provided by
20subsection (a) of this Section. In addition, if a driver of a
21vehicle is receiving medical treatment as a result of a motor
22vehicle accident, any physician licensed to practice medicine,
23registered nurse or a phlebotomist acting under the direction
24of a licensed physician shall withdraw blood for testing
25purposes to ascertain the presence of alcohol, other drug or
26drugs, or intoxicating compound or compounds, upon the specific

 

 

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1request of a law enforcement officer. However, no such testing
2shall 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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; 96-1344, eff. 7-1-11.)
 
6    Section 99. Effective date. This Act takes effect July 1,
72011.