Full Text of SB1687 99th General Assembly
SB1687 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1687 Introduced 2/20/2015, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-500 | from Ch. 95 1/2, par. 11-500 | 625 ILCS 5/11-501.1 | | 625 ILCS 5/11-501.2 | from Ch. 95 1/2, par. 11-501.2 | 625 ILCS 5/11-501.4 | from Ch. 95 1/2, par. 11-501.4 | 625 ILCS 5/11-501.4-1 | | 625 ILCS 5/11-501.6 | from Ch. 95 1/2, par. 11-501.6 |
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Amends the Illinois Vehicle Code. Clarifies that for the purposes of driving under the influence (DUI), chemical testing for DUI, implied consent for chemical testing for DUI, and statutory summary suspension for refusal or failure of chemical testing for DUI, the term "drug" includes, but is not limited to, synthetic drugs enumerated under Section 204 of the Illinois Controlled Substances Act and controlled substance analogs. Defines "controlled substance analog". Effective immediately.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 11-500, 11-501.1, 11-501.2, 11-501.4, 11-501.4-1, and | 6 | | 11-501.6 as follows: | 7 | | (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
| 8 | | Sec. 11-500. Definitions. | 9 | | For the purposes of this Article, "controlled substance | 10 | | analog" has the meaning as defined in Sections 102, 401, and | 11 | | 402 of the Illinois Controlled Substances Act. | 12 | | For the purposes of this Article, "drug" includes, but is | 13 | | not limited to, synthetic drugs enumerated under Section 204 of | 14 | | the Illinois Controlled Substances Act and controlled | 15 | | substance analogs. | 16 | | For the purposes of interpreting Sections
6-206.1 and | 17 | | 6-208.1 of this Code, "first offender" shall mean any person
| 18 | | who has not had a previous conviction or court assigned | 19 | | supervision for
violating Section 11-501, or a similar | 20 | | provision of a local ordinance,
or a conviction in any other | 21 | | state for a violation of driving while under
the influence or a | 22 | | similar offense where the cause of action is the same
or | 23 | | substantially similar to this Code or similar offenses |
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| 1 | | committed on a military installation, or any person who has not | 2 | | had a driver's license suspension pursuant to paragraph 6 of | 3 | | subsection (a) of Section 6-206 as the result of refusal of | 4 | | chemical testing in another state, or any
person who has not | 5 | | had a driver's license
suspension or revocation for violating | 6 | | Section 11-501.1 within 5 years prior to the date of
the
| 7 | | current offense, except in cases where the driver submitted to
| 8 | | chemical testing resulting in an alcohol concentration of 0.08 | 9 | | or
more,
or any amount of a drug, substance, or compound in | 10 | | such person's blood or
urine resulting from the unlawful use or | 11 | | consumption of cannabis listed in
the Cannabis Control Act, a | 12 | | controlled substance listed in the
Illinois
Controlled | 13 | | Substances Act, or an intoxicating compound listed in the Use
| 14 | | of
Intoxicating Compounds Act, or methamphetamine as listed in | 15 | | the Methamphetamine Control and Community Protection Act and
| 16 | | was subsequently found not guilty of violating Section 11-501, | 17 | | or a similar
provision of a local ordinance. | 18 | | (Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09; | 19 | | 96-1344, eff. 7-1-11 .)
| 20 | | (625 ILCS 5/11-501.1)
| 21 | | Sec. 11-501.1. Suspension of drivers license; statutory | 22 | | summary
alcohol, other drug or drugs, or intoxicating compound | 23 | | or
compounds related suspension or revocation; implied | 24 | | consent. | 25 | | (a) Any person who drives or is in actual physical control |
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| 1 | | of a motor
vehicle upon the public highways of this State shall | 2 | | be deemed to have given
consent, subject to the provisions of | 3 | | Section 11-501.2, to a chemical test or
tests of blood, breath, | 4 | | or urine for the purpose of determining the content of
alcohol, | 5 | | other drug or drugs including but not limited to synthetic | 6 | | drugs enumerated under Section 204 of the Illinois Controlled | 7 | | Substances Act and controlled substance analogs , or | 8 | | intoxicating compound or compounds or
any combination thereof | 9 | | in the person's blood if arrested,
as evidenced by the issuance | 10 | | of a Uniform Traffic Ticket, for any offense
as defined in | 11 | | Section 11-501 or a similar provision of a local ordinance, or | 12 | | if arrested for violating Section 11-401.
If a law enforcement | 13 | | officer has probable cause to believe the person was under the | 14 | | influence of alcohol, other drug or drugs including but not | 15 | | limited to synthetic drugs enumerated under Section 204 of the | 16 | | Illinois Controlled Substances Act and controlled substance | 17 | | analogs , intoxicating compound or compounds, or any | 18 | | combination thereof, the law enforcement officer shall request | 19 | | a chemical test or tests which shall be administered at the | 20 | | direction of the arresting
officer. The law enforcement agency | 21 | | employing the officer shall designate which
of the aforesaid | 22 | | tests shall be administered. A urine test may be administered
| 23 | | even after a blood or breath test or both has
been | 24 | | administered. For purposes of this Section, an Illinois law
| 25 | | enforcement officer of this State who is investigating the | 26 | | person for any
offense defined in Section 11-501 may travel |
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| 1 | | into an adjoining state, where
the person has been transported | 2 | | for medical care, to complete an
investigation and to request | 3 | | that the person submit to the test or tests
set forth in this | 4 | | Section. The requirements of this Section that the
person be | 5 | | arrested are inapplicable, but the officer shall issue the | 6 | | person
a Uniform Traffic Ticket for an offense as defined in | 7 | | Section 11-501 or a
similar provision of a local ordinance | 8 | | prior to requesting that the person
submit to the test or | 9 | | tests. The issuance of the Uniform Traffic Ticket
shall not | 10 | | constitute an arrest, but shall be for the purpose of notifying
| 11 | | the person that he or she is subject to the provisions of this | 12 | | Section and
of the officer's belief of the existence of | 13 | | probable cause to
arrest. Upon returning to this State, the | 14 | | officer shall file the Uniform
Traffic Ticket with the Circuit | 15 | | Clerk of the county where the offense was
committed, and shall | 16 | | seek the issuance of an arrest warrant or a summons
for the | 17 | | person. | 18 | | (a-5) (Blank). | 19 | | (b) Any person who is dead, unconscious, or who is | 20 | | otherwise in a condition
rendering the person incapable of | 21 | | refusal, shall be deemed not to have
withdrawn the consent | 22 | | provided by paragraph (a) of this Section and the test or
tests | 23 | | may be administered, subject to the provisions of Section | 24 | | 11-501.2. | 25 | | (c) A person requested to submit to a test as provided | 26 | | above shall
be warned by the law enforcement officer requesting |
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| 1 | | the test that a
refusal to submit to the test will result in | 2 | | the statutory summary
suspension of the person's privilege to | 3 | | operate a motor vehicle, as provided
in Section 6-208.1 of this | 4 | | Code, and will also result in the disqualification of the | 5 | | person's privilege to operate a commercial motor vehicle, as | 6 | | provided in Section 6-514 of this Code, if the person is a CDL | 7 | | holder. The person shall also be warned that a refusal to | 8 | | submit to the test, when the person was involved in a motor | 9 | | vehicle accident that caused personal injury or death to | 10 | | another, will result in the statutory summary revocation of the | 11 | | person's privilege to operate a motor vehicle, as provided in | 12 | | Section 6-208.1, and will also result in the disqualification | 13 | | of the person's privilege to operate a commercial motor | 14 | | vehicle, as provided in Section 6-514 of this Code, if the | 15 | | person is a CDL holder. The person shall also be warned by the | 16 | | law
enforcement officer that if the person submits to the test | 17 | | or tests
provided in paragraph (a) of this Section and the | 18 | | alcohol concentration in
the person's blood or breath is 0.08 | 19 | | or greater, or any amount of
a
drug, substance, or compound | 20 | | resulting from the unlawful use or consumption
of cannabis as | 21 | | covered by the Cannabis Control Act, a controlled
substance
| 22 | | listed in the Illinois Controlled Substances Act, an | 23 | | intoxicating compound
listed in the Use of Intoxicating | 24 | | Compounds Act, or methamphetamine as listed in the | 25 | | Methamphetamine Control and Community Protection Act is | 26 | | detected in the person's
blood or urine, a statutory summary |
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| 1 | | suspension of the person's privilege to
operate a motor | 2 | | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| 3 | | Code, and a disqualification of
the person's privilege to | 4 | | operate a commercial motor vehicle, as provided in Section | 5 | | 6-514 of this Code, if the person is a CDL holder, will be | 6 | | imposed. | 7 | | A person who is under the age of 21 at the time the person | 8 | | is requested to
submit to a test as provided above shall, in | 9 | | addition to the warnings provided
for in this Section, be | 10 | | further warned by the law enforcement officer
requesting the | 11 | | test that if the person submits to the test or tests provided | 12 | | in
paragraph (a) of this Section and the alcohol concentration | 13 | | in the person's
blood or breath is greater than 0.00 and less | 14 | | than 0.08, a
suspension of the
person's privilege to operate a | 15 | | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | 16 | | of this Code, will be imposed. The results of this test
shall | 17 | | be admissible in a civil or criminal action or proceeding | 18 | | arising from an
arrest for an offense as defined in Section | 19 | | 11-501 of this Code or a similar
provision of a local ordinance | 20 | | or pursuant to Section 11-501.4 in prosecutions
for reckless | 21 | | homicide brought under the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012. These test
results, however, shall be | 23 | | admissible only in actions or proceedings directly
related to | 24 | | the incident upon which the test request was made. | 25 | | (d) If the person refuses testing or submits to a test that | 26 | | discloses
an alcohol concentration of 0.08 or more, or any |
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| 1 | | amount of a drug,
substance, or intoxicating compound in the | 2 | | person's breath, blood,
or urine resulting from the
unlawful | 3 | | use or consumption of cannabis listed in the Cannabis Control | 4 | | Act, a controlled substance listed in the Illinois Controlled | 5 | | Substances
Act, an intoxicating compound listed in the Use of | 6 | | Intoxicating Compounds
Act, or methamphetamine as listed in the | 7 | | Methamphetamine Control and Community Protection Act, the law | 8 | | enforcement officer shall immediately submit a sworn report to
| 9 | | the
circuit court of venue and the Secretary of State, | 10 | | certifying that the test or
tests was or were requested under | 11 | | paragraph (a) and the person refused to
submit to a test, or | 12 | | tests, or submitted to testing that disclosed an alcohol
| 13 | | concentration of 0.08 or more. | 14 | | (e) Upon receipt of the sworn report of a law enforcement | 15 | | officer
submitted under paragraph (d), the Secretary of State | 16 | | shall enter the
statutory summary suspension or revocation and | 17 | | disqualification for the periods specified in Sections
6-208.1 | 18 | | and 6-514, respectively,
and effective as provided in paragraph | 19 | | (g). | 20 | | If the person is a first offender as defined in Section | 21 | | 11-500 of this
Code, and is not convicted of a violation of | 22 | | Section 11-501
of this Code or a similar provision of a local | 23 | | ordinance, then reports
received by the Secretary of State | 24 | | under this Section shall, except during
the actual time the | 25 | | Statutory Summary Suspension is in effect, be
privileged | 26 | | information and for use only by the courts, police officers,
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| 1 | | prosecuting authorities or the Secretary of State, unless the | 2 | | person is a CDL holder, is operating a commercial motor vehicle | 3 | | or vehicle required to be placarded for hazardous materials, in | 4 | | which case the suspension shall not be privileged. Reports | 5 | | received by the Secretary of State under this Section shall | 6 | | also be made available to the parent or guardian of a person | 7 | | under the age of 18 years that holds an instruction permit or a | 8 | | graduated driver's license, regardless of whether the | 9 | | statutory summary suspension is in effect. A statutory summary | 10 | | revocation shall not be privileged information. | 11 | | (f) The law enforcement officer submitting the sworn report | 12 | | under paragraph
(d) shall serve immediate notice of the | 13 | | statutory summary suspension or revocation on the
person and | 14 | | the suspension or revocation and disqualification shall be | 15 | | effective as provided in paragraph (g). | 16 | | (1) In
cases where the blood alcohol concentration of | 17 | | 0.08 or greater or
any amount of
a drug, substance, or | 18 | | compound resulting from the unlawful use or consumption
of | 19 | | cannabis as covered by the Cannabis Control Act, a | 20 | | controlled
substance
listed in the Illinois Controlled | 21 | | Substances Act,
an intoxicating compound
listed in the Use | 22 | | of Intoxicating Compounds Act, or methamphetamine as | 23 | | listed in the Methamphetamine Control and Community | 24 | | Protection Act is established by a
subsequent
analysis of | 25 | | blood or urine collected at the time of arrest, the | 26 | | arresting
officer or arresting agency shall give notice as |
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| 1 | | provided in this Section or by
deposit in the United States | 2 | | mail of the notice in an envelope with postage
prepaid and | 3 | | addressed to the person at his address as shown on the | 4 | | Uniform
Traffic Ticket and the statutory summary | 5 | | suspension and disqualification shall begin as provided in
| 6 | | paragraph (g). The officer shall confiscate any Illinois | 7 | | driver's license or
permit on the person at the time of | 8 | | arrest. If the person has a valid driver's
license or | 9 | | permit, the officer shall issue the person a receipt, in
a | 10 | | form prescribed by the Secretary of State, that will allow | 11 | | that person
to drive during the periods provided for in | 12 | | paragraph (g). The officer
shall immediately forward the | 13 | | driver's license or permit to the circuit
court of venue | 14 | | along with the sworn report provided for in
paragraph (d). | 15 | | (2) (Blank). | 16 | | (g) The statutory summary suspension or revocation and | 17 | | disqualification
referred to in this Section shall
take effect | 18 | | on the 46th day following the date the notice of the statutory
| 19 | | summary suspension or revocation was given to the person. | 20 | | (h) The following procedure shall apply
whenever a person | 21 | | is arrested for any offense as defined in Section 11-501
or a | 22 | | similar provision of a local ordinance: | 23 | | Upon receipt of the sworn report from the law enforcement | 24 | | officer,
the Secretary of State shall confirm the statutory | 25 | | summary suspension or revocation by
mailing a notice of the | 26 | | effective date of the suspension or revocation to the person |
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| 1 | | and
the court of venue. The Secretary of State shall also mail | 2 | | notice of the effective date of the disqualification to the | 3 | | person. However, should the sworn report be defective by not
| 4 | | containing sufficient information or be completed in error, the
| 5 | | confirmation of the statutory summary suspension or revocation | 6 | | shall not be mailed to the
person or entered to the record; | 7 | | instead, the sworn report shall
be
forwarded to the court of | 8 | | venue with a copy returned to the issuing agency
identifying | 9 | | any defect. | 10 | | (i) As used in this Section, "personal injury" includes any | 11 | | Type A injury as indicated on the traffic accident report | 12 | | completed by a law enforcement officer that requires immediate | 13 | | professional attention in either a doctor's office or a medical | 14 | | facility. A Type A injury includes severely bleeding wounds, | 15 | | distorted extremities, and injuries that require the injured | 16 | | party to be carried from the scene. | 17 | | (Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; | 18 | | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff. | 19 | | 1-12-15.)
| 20 | | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| 21 | | Sec. 11-501.2. Chemical and other tests.
| 22 | | (a) Upon the trial of any civil or criminal action or | 23 | | proceeding arising out
of an arrest for an offense as defined | 24 | | in Section 11-501 or a similar local
ordinance or proceedings | 25 | | pursuant to Section 2-118.1, evidence of the
concentration of |
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| 1 | | alcohol, other drug or drugs including but not limited to | 2 | | synthetic drugs enumerated under Section 204 of the Illinois | 3 | | Controlled Substances Act and controlled substance analogs , or | 4 | | intoxicating compound or
compounds, or any combination thereof | 5 | | in a person's blood
or breath at the time alleged, as | 6 | | determined by analysis of the person's blood,
urine, breath or | 7 | | other bodily substance, shall be admissible. Where such test
is | 8 | | made the following provisions shall apply:
| 9 | | 1. Chemical analyses of the person's blood, urine, | 10 | | breath or other bodily
substance to be considered valid | 11 | | under the provisions of this Section shall
have been | 12 | | performed according to standards promulgated by the | 13 | | Department of State Police
by
a licensed physician, | 14 | | registered nurse, trained phlebotomist, licensed | 15 | | paramedic, or other individual
possessing a valid permit | 16 | | issued by that Department for
this purpose. The Director of | 17 | | State Police is authorized to approve satisfactory
| 18 | | techniques or methods, to ascertain the qualifications and | 19 | | competence of
individuals to conduct such analyses, to | 20 | | issue permits which shall be subject
to termination or | 21 | | revocation at the discretion of that Department and to
| 22 | | certify the accuracy of breath testing equipment. The | 23 | | Department
of
State Police shall prescribe regulations as | 24 | | necessary to
implement this
Section.
| 25 | | 2. When a person in this State shall submit to a blood | 26 | | test at the request
of a law enforcement officer under the |
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| 1 | | provisions of Section 11-501.1, only a
physician | 2 | | authorized to practice medicine, a licensed physician | 3 | | assistant, a licensed advanced practice nurse, a | 4 | | registered nurse, trained
phlebotomist, or licensed | 5 | | paramedic, or other
qualified person approved by the | 6 | | Department of State Police may withdraw blood
for the | 7 | | purpose of determining the alcohol, drug, or alcohol and | 8 | | drug content
therein. This limitation shall not apply to | 9 | | the taking of breath or urine
specimens.
| 10 | | When a blood test of a person who has been taken to an | 11 | | adjoining state
for medical treatment is requested by an | 12 | | Illinois law enforcement officer,
the blood may be | 13 | | withdrawn only by a physician authorized to practice
| 14 | | medicine in the adjoining state, a licensed physician | 15 | | assistant, a licensed advanced practice nurse, a | 16 | | registered nurse, a trained
phlebotomist acting under the | 17 | | direction of the physician, or licensed
paramedic. The law
| 18 | | enforcement officer requesting the test shall take custody | 19 | | of the blood
sample, and the blood sample shall be analyzed | 20 | | by a laboratory certified by the
Department of State Police | 21 | | for that purpose.
| 22 | | 3. The person tested may have a physician, or a | 23 | | qualified technician,
chemist, registered nurse, or other | 24 | | qualified person of their own choosing
administer a | 25 | | chemical test or tests in addition to any administered at | 26 | | the
direction of a law enforcement officer. The failure or |
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| 1 | | inability to obtain
an additional test by a person shall | 2 | | not preclude the admission of evidence
relating to the test | 3 | | or tests taken at the direction of a law enforcement
| 4 | | officer.
| 5 | | 4. Upon the request of the person who shall submit to a | 6 | | chemical test
or tests at the request of a law enforcement | 7 | | officer, full information
concerning the test or tests | 8 | | shall be made available to the person or such
person's | 9 | | attorney.
| 10 | | 5. Alcohol concentration shall mean either grams of | 11 | | alcohol per 100
milliliters of blood or grams of alcohol | 12 | | per 210 liters of breath.
| 13 | | (a-5) Law enforcement officials may use standardized field | 14 | | sobriety tests approved by the National Highway Traffic Safety | 15 | | Administration when conducting investigations of a violation | 16 | | of Section 11-501 or similar local ordinance by drivers | 17 | | suspected of driving under the influence of cannabis. The | 18 | | General Assembly finds that standardized field sobriety tests | 19 | | approved by the National Highway Traffic Safety Administration | 20 | | are divided attention tasks that are intended to determine if a | 21 | | person is under the influence of cannabis. The purpose of these | 22 | | tests is to determine the effect of the use of cannabis on a | 23 | | person's capacity to think and act with ordinary care and | 24 | | therefore operate a motor vehicle safely. Therefore, the | 25 | | results of these standardized field sobriety tests, | 26 | | appropriately administered, shall be admissible in the trial of |
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| 1 | | any civil or criminal action or proceeding arising out of an | 2 | | arrest for a cannabis-related offense as defined in Section | 3 | | 11-501 or a similar local ordinance or proceedings under | 4 | | Section 2-118.1 or 2-118.2. Where a test is made the following | 5 | | provisions shall apply: | 6 | | 1. The person tested may have a physician, or a | 7 | | qualified technician, chemist, registered nurse, or other | 8 | | qualified person of their own choosing administer a | 9 | | chemical test or tests in addition to the standardized | 10 | | field sobriety test or tests administered at the direction | 11 | | of a law enforcement officer. The failure or inability to | 12 | | obtain an additional test by a person does not preclude the | 13 | | admission of evidence relating to the test or tests taken | 14 | | at the direction of a law enforcement officer. | 15 | | 2. Upon the request of the person who shall submit to a | 16 | | standardized field sobriety test or tests at the request of | 17 | | a law enforcement officer, full information concerning the | 18 | | test or tests shall be made available to the person or the | 19 | | person's attorney. | 20 | | 3. At the trial of any civil or criminal action or | 21 | | proceeding arising out of an arrest for an offense as | 22 | | defined in Section 11-501 or a similar local ordinance or | 23 | | proceedings under Section 2-118.1 or 2-118.2 in which the | 24 | | results of these standardized field sobriety tests are | 25 | | admitted, the cardholder may present and the trier of fact | 26 | | may consider evidence that the card holder lacked the |
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| 1 | | physical capacity to perform the standardized field | 2 | | sobriety tests. | 3 | | (b) Upon the trial of any civil or criminal action or | 4 | | proceeding arising
out of acts alleged to have been committed | 5 | | by any person while driving or
in actual physical control of a | 6 | | vehicle while under the influence of alcohol,
the concentration | 7 | | of alcohol in the person's blood or breath at the time
alleged | 8 | | as shown by analysis of the person's blood, urine, breath, or | 9 | | other
bodily substance shall give rise to the following | 10 | | presumptions:
| 11 | | 1. If there was at that time an alcohol concentration | 12 | | of 0.05 or less,
it shall be presumed that the person was | 13 | | not under the influence of alcohol.
| 14 | | 2. If there was at that time an alcohol concentration | 15 | | in excess of 0.05
but less than 0.08, such facts shall not | 16 | | give rise to any
presumption that
the person was or was not | 17 | | under the influence of alcohol, but such fact
may be | 18 | | considered with other competent evidence in determining | 19 | | whether the
person was under the influence of alcohol.
| 20 | | 3. If there was at that time an alcohol concentration | 21 | | of 0.08
or more,
it shall be presumed that the person was | 22 | | under the influence of alcohol.
| 23 | | 4. The foregoing provisions of this Section shall not | 24 | | be construed as
limiting the introduction of any other | 25 | | relevant evidence bearing upon the
question whether the | 26 | | person was under the influence of alcohol.
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| 1 | | (c) 1. If a person under arrest refuses to submit to a | 2 | | chemical test
under
the provisions of Section 11-501.1, | 3 | | evidence of refusal shall be admissible
in any civil or | 4 | | criminal action or proceeding arising out of acts alleged
to | 5 | | have been committed while the person under the influence of | 6 | | alcohol,
other drug or drugs, or intoxicating compound or | 7 | | compounds, or
any combination thereof was driving or in actual | 8 | | physical
control of a motor vehicle.
| 9 | | 2. Notwithstanding any ability to refuse under this Code to | 10 | | submit to
these tests or any ability to revoke the implied | 11 | | consent to these tests, if a
law enforcement officer has | 12 | | probable cause to believe that a motor vehicle
driven by or in | 13 | | actual physical control of a person under the influence of
| 14 | | alcohol, other drug or drugs, or intoxicating compound or
| 15 | | compounds,
or any combination thereof
has caused the death or
| 16 | | personal injury to another, the law enforcement officer shall | 17 | | request, and that person shall submit, upon the request of a | 18 | | law
enforcement officer, to a chemical test or tests of his or | 19 | | her blood, breath or
urine for the purpose of
determining the | 20 | | alcohol content thereof or the presence of any other drug or
| 21 | | combination of both.
| 22 | | This provision does not affect the applicability of or | 23 | | imposition of driver's
license sanctions under Section | 24 | | 11-501.1 of this Code.
| 25 | | 3. For purposes of this Section, a personal injury includes | 26 | | any Type A
injury as indicated on the traffic accident report |
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| 1 | | completed by a law
enforcement officer that requires immediate | 2 | | professional attention in either a
doctor's office or a medical | 3 | | facility. A Type A injury includes severe
bleeding wounds, | 4 | | distorted extremities, and injuries that require the injured
| 5 | | party to be carried from the scene.
| 6 | | (d) If a person refuses standardized field sobriety tests | 7 | | under Section 11-501.9 of this Code, evidence of refusal shall | 8 | | be admissible in any civil or criminal action or proceeding | 9 | | arising out of acts committed while the person was driving or | 10 | | in actual physical control of a vehicle and alleged to have | 11 | | been impaired by the use of cannabis. | 12 | | (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; | 13 | | 97-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff. | 14 | | 8-15-14; 98-1172, eff. 1-12-15.)
| 15 | | (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
| 16 | | Sec. 11-501.4.
Admissibility of chemical tests of blood or | 17 | | urine conducted in
the regular course of providing emergency | 18 | | medical treatment.
| 19 | | (a) Notwithstanding any other provision of law, the results | 20 | | of
blood or urine tests performed for the purpose of | 21 | | determining the content of alcohol,
other drug or drugs | 22 | | including but not limited to synthetic drugs enumerated under | 23 | | Section 204 of the Illinois Controlled Substances Act and | 24 | | controlled substance analogs , or intoxicating compound or | 25 | | compounds, or any
combination thereof, of an individual's blood |
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| 1 | | or urine conducted upon persons
receiving
medical treatment in | 2 | | a hospital emergency room are admissible in evidence as a
| 3 | | business record exception to the hearsay rule only in | 4 | | prosecutions for any
violation of Section 11-501 of this Code | 5 | | or a similar provision of a local
ordinance, or in prosecutions | 6 | | for reckless homicide brought under the Criminal
Code of 1961 | 7 | | or the Criminal Code of 2012, when each of the following | 8 | | criteria are met:
| 9 | | (1) the chemical tests performed upon an individual's | 10 | | blood or urine were ordered
in the
regular course of | 11 | | providing emergency medical treatment and not at the
| 12 | | request of law enforcement authorities;
| 13 | | (2) the chemical tests performed upon an individual's | 14 | | blood or urine were performed
by the laboratory routinely | 15 | | used by the hospital; and
| 16 | | (3) results of chemical tests performed upon an | 17 | | individual's blood or urine are
admissible into evidence | 18 | | regardless of the time that the records were
prepared.
| 19 | | (b) The confidentiality provisions of law pertaining to | 20 | | medical records
and medical treatment shall not be applicable | 21 | | with regard to chemical tests
performed upon an individual's | 22 | | blood or urine under the provisions of this Section in
| 23 | | prosecutions as specified in subsection (a) of this Section. No | 24 | | person shall
be liable for civil damages as a result of the | 25 | | evidentiary use of chemical
testing of an individual's blood or | 26 | | urine test results under this Section, or as a
result of that |
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| 1 | | person's testimony made available under this Section.
| 2 | | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| 3 | | (625 ILCS 5/11-501.4-1)
| 4 | | Sec. 11-501.4-1.
Reporting of test results of blood or | 5 | | urine conducted in
the regular course of providing emergency | 6 | | medical treatment.
| 7 | | (a) Notwithstanding any other provision of law, the results | 8 | | of blood or
urine
tests performed for the purpose of | 9 | | determining the content of alcohol, other
drug or drugs | 10 | | including but not limited to synthetic drugs enumerated under | 11 | | Section 204 of the Illinois Controlled Substances Act and | 12 | | controlled substance analogs , or intoxicating compound or | 13 | | compounds, or any combination
thereof, in an individual's blood | 14 | | or urine conducted upon persons
receiving medical treatment in | 15 | | a hospital emergency room for injuries resulting
from a motor | 16 | | vehicle accident shall be disclosed
to the Department
of State | 17 | | Police
or local law enforcement agencies of jurisdiction, upon | 18 | | request.
Such blood or urine tests are admissible in evidence | 19 | | as a business record
exception to the hearsay rule only in | 20 | | prosecutions for any violation of Section
11-501 of this Code | 21 | | or a similar provision of a local ordinance, or in
prosecutions | 22 | | for reckless homicide brought under the Criminal Code of 1961 | 23 | | or the Criminal Code of 2012.
| 24 | | (b) The confidentiality provisions of law pertaining to | 25 | | medical records and
medical treatment shall not be applicable |
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| 1 | | with regard to tests performed upon
an
individual's blood or | 2 | | urine under the provisions of subsection (a) of this
Section. | 3 | | No person shall be liable for civil damages or professional | 4 | | discipline
as a result of the disclosure or reporting of the | 5 | | tests or the evidentiary
use of an
individual's blood or urine | 6 | | test results under this Section or Section 11-501.4
or as a | 7 | | result of that person's testimony made available under this | 8 | | Section or
Section 11-501.4, except for willful or wanton | 9 | | misconduct.
| 10 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 11 | | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| 12 | | Sec. 11-501.6. Driver involvement in personal injury or | 13 | | fatal motor
vehicle accident; chemical test. | 14 | | (a) Any person who drives or is in actual control of a | 15 | | motor vehicle
upon the public highways of this State and who | 16 | | has been involved in a
personal injury or fatal motor vehicle | 17 | | accident, shall be deemed to have
given consent to a breath | 18 | | test using a portable device as approved by the
Department of | 19 | | State Police or to a chemical test or tests
of blood, breath, | 20 | | or
urine for the purpose of determining the content of alcohol,
| 21 | | other
drug or drugs including but not limited to synthetic | 22 | | drugs enumerated under Section 204 of the Illinois Controlled | 23 | | Substances Act and controlled substance analogs , or | 24 | | intoxicating compound or compounds of such
person's blood if | 25 | | arrested as evidenced by the issuance of a Uniform Traffic
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| 1 | | Ticket for any violation of the Illinois Vehicle Code or a | 2 | | similar provision of
a local ordinance, with the exception of | 3 | | equipment violations contained in
Chapter 12 of this Code, or | 4 | | similar provisions of local ordinances. The test
or tests shall | 5 | | be administered at the direction of the arresting officer. The
| 6 | | law enforcement agency employing the officer shall designate | 7 | | which of the
aforesaid tests shall be administered. A urine | 8 | | test may be administered even
after a blood or breath test or | 9 | | both has been administered. Compliance with
this Section does | 10 | | not relieve such person from the requirements of Section
| 11 | | 11-501.1 of this Code. | 12 | | (b) Any person who is dead, unconscious or who is otherwise | 13 | | in a
condition rendering such person incapable of refusal shall | 14 | | be deemed not to
have withdrawn the consent provided by | 15 | | subsection (a) of this Section. In
addition, if a driver of a | 16 | | vehicle is receiving medical treatment as a
result of a motor | 17 | | vehicle accident, any physician licensed to practice
medicine, | 18 | | licensed physician assistant, licensed advanced practice | 19 | | nurse, registered nurse or a phlebotomist acting under the | 20 | | direction of
a licensed physician shall withdraw blood for | 21 | | testing purposes to ascertain
the presence of alcohol, other | 22 | | drug or drugs including but not limited to synthetic drugs | 23 | | enumerated under Section 204 of the Illinois Controlled | 24 | | Substances Act and controlled substance analogs , or | 25 | | intoxicating
compound or compounds, upon the specific request | 26 | | of a law
enforcement officer. However, no such testing shall 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 or | 3 | | endangering the well-being of the patient. | 4 | | (c) A person requested to submit to a test as provided | 5 | | above shall be
warned by the law enforcement officer requesting | 6 | | the test that a refusal to
submit to the test, or submission to | 7 | | the test resulting in an alcohol
concentration of 0.08 or more, | 8 | | or any amount of a drug, substance,
or intoxicating compound
| 9 | | resulting from the unlawful use or consumption of cannabis, as | 10 | | covered by the
Cannabis Control Act, a controlled substance | 11 | | listed in the Illinois
Controlled Substances Act, an | 12 | | intoxicating compound listed in the Use of
Intoxicating | 13 | | Compounds Act, or methamphetamine as listed in the | 14 | | Methamphetamine Control and Community Protection Act as | 15 | | detected in such person's blood or urine, may
result in the | 16 | | suspension of such person's privilege to operate a motor | 17 | | vehicle and may result in the disqualification of the person's | 18 | | privilege to operate a commercial motor vehicle, as provided in | 19 | | Section 6-514 of this Code, if the person is a CDL holder.
The | 20 | | length of the suspension shall be the same as outlined in | 21 | | Section
6-208.1 of this Code regarding statutory summary | 22 | | suspensions. | 23 | | (d) If the person refuses testing or submits to a test | 24 | | which discloses
an alcohol concentration of 0.08 or more, or | 25 | | any amount of a drug,
substance,
or intoxicating compound in | 26 | | such person's blood or urine resulting from the
unlawful use or
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| 1 | | consumption of cannabis listed in the Cannabis Control Act, a | 2 | | controlled
substance listed in the Illinois Controlled | 3 | | Substances Act, an
intoxicating
compound listed in the Use of | 4 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 5 | | Methamphetamine Control and Community Protection Act, the law
| 6 | | enforcement officer shall immediately submit a sworn report to | 7 | | the Secretary of
State on a form prescribed by the Secretary, | 8 | | certifying that the test or tests
were requested pursuant to | 9 | | subsection (a) and the person refused to submit to a
test or | 10 | | tests or submitted to testing which disclosed an alcohol | 11 | | concentration
of 0.08 or more, or any amount of a drug, | 12 | | substance, or intoxicating
compound
in such
person's blood or | 13 | | urine, resulting from the unlawful use or consumption of
| 14 | | cannabis listed in the Cannabis Control Act, a controlled | 15 | | substance
listed in
the Illinois Controlled Substances Act,
an | 16 | | intoxicating compound listed in
the Use of Intoxicating | 17 | | Compounds Act, or methamphetamine as listed in the | 18 | | Methamphetamine Control and Community Protection Act. | 19 | | Upon receipt of the sworn report of a law enforcement | 20 | | officer, the
Secretary shall enter the suspension and | 21 | | disqualification to the individual's driving record and the
| 22 | | suspension and disqualification shall be effective on the 46th | 23 | | day following the date notice of the
suspension was given to | 24 | | the person. | 25 | | The law enforcement officer submitting the sworn report | 26 | | shall serve immediate
notice of this suspension on the person |
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| 1 | | and such suspension and disqualification shall be effective
on | 2 | | the 46th day following the date notice was given. | 3 | | In cases where the blood alcohol concentration of 0.08 or | 4 | | more,
or any amount
of a drug, substance, or intoxicating | 5 | | compound resulting from the unlawful
use or
consumption of | 6 | | cannabis as listed in the Cannabis Control Act, a
controlled
| 7 | | substance listed in the Illinois Controlled Substances Act,
an
| 8 | | intoxicating
compound listed in the Use of Intoxicating | 9 | | Compounds Act, or methamphetamine as listed in the | 10 | | Methamphetamine Control and Community Protection Act, is | 11 | | established by a
subsequent analysis of blood or urine | 12 | | collected at the time of arrest, the
arresting officer shall | 13 | | give notice as provided in this Section or by deposit
in the | 14 | | United States mail of such notice in an envelope with postage | 15 | | prepaid
and addressed to such person at his address as shown on | 16 | | the Uniform Traffic
Ticket and the suspension and | 17 | | disqualification shall be effective on the 46th day following | 18 | | the date
notice was given. | 19 | | Upon receipt of the sworn report of a law enforcement | 20 | | officer, the Secretary
shall also give notice of the suspension | 21 | | and disqualification to the driver by mailing a notice of
the | 22 | | effective date of the suspension and disqualification to the | 23 | | individual. However, should the
sworn report be defective by | 24 | | not containing sufficient information or be
completed in error, | 25 | | the notice of the suspension and disqualification shall not be | 26 | | mailed to the
person or entered to the driving record, but |
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| 1 | | rather the sworn report shall be
returned to the issuing law | 2 | | enforcement agency. | 3 | | (e) A driver may contest this suspension of his or her
| 4 | | driving privileges and disqualification of his or her CDL | 5 | | privileges by
requesting an administrative hearing with the | 6 | | Secretary in accordance with
Section 2-118 of this Code. At the | 7 | | conclusion of a hearing held under
Section 2-118 of this Code, | 8 | | the Secretary may rescind, continue, or modify the
orders
of | 9 | | suspension and disqualification. If the Secretary does not | 10 | | rescind the orders of suspension and disqualification, a | 11 | | restricted
driving permit may be granted by the Secretary upon | 12 | | application being made and
good cause shown. A restricted | 13 | | driving permit may be granted to relieve undue
hardship to | 14 | | allow driving for employment, educational, and medical | 15 | | purposes as
outlined in Section 6-206 of this Code. The | 16 | | provisions of Section 6-206 of
this Code shall apply. In | 17 | | accordance with 49 C.F.R. 384, the Secretary of State may not | 18 | | issue a restricted driving permit for the operation of a | 19 | | commercial motor vehicle to a person holding a CDL whose | 20 | | driving privileges have been suspended, revoked, cancelled, or | 21 | | disqualified.
| 22 | | (f) (Blank). | 23 | | (g) For the purposes of this Section, a personal injury | 24 | | shall include
any type A injury as indicated on the traffic | 25 | | accident report completed
by a law enforcement officer that | 26 | | requires immediate professional attention
in either a doctor's |
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| 1 | | office or a medical facility. A type A injury shall
include | 2 | | severely bleeding wounds, distorted extremities, and injuries | 3 | | that
require the injured party to be carried from the scene. | 4 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11; | 5 | | 97-835, eff. 7-20-12.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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