HB4890 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4890

 

Introduced 2/7/2024, by Rep. Dave Vella

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501  from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.2  from Ch. 95 1/2, par. 11-501.2

    Amends the Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle within this State while the person has, within 2 hours of driving or being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in the person's breath, blood, or other bodily substance other than urine (rather than in the person's whole blood or bodily substance as defined under the Code. Provides that, in relation to a trial of any civil or criminal action proceeding arising out of an arrest for driving while under the influence, "delta-9-tetrahydrocannabinol" includes parent delta-9-tetrahydrocannabinol or free delta-9-tetrahydrocannabinol.


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A BILL FOR

 

HB4890LRB103 34683 MXP 64528 b

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
5changing Sections 11-501 and 11-501.2 as follows:
 
6    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7    Sec. 11-501. Driving while under the influence of alcohol,
8other drug or drugs, intoxicating compound or compounds or any
9combination thereof.
10    (a) A person shall not drive or be in actual physical
11control of any vehicle within this State while:
12        (1) the alcohol concentration in the person's blood,
13    other bodily substance, or breath is 0.08 or more based on
14    the definition of blood and breath units in Section
15    11-501.2;
16        (2) under the influence of alcohol;
17        (3) under the influence of any intoxicating compound
18    or combination of intoxicating compounds to a degree that
19    renders the person incapable of driving safely;
20        (4) under the influence of any other drug or
21    combination of drugs to a degree that renders the person
22    incapable of safely driving;
23        (5) under the combined influence of alcohol, other

 

 

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1    drug or drugs, or intoxicating compound or compounds to a
2    degree that renders the person incapable of safely
3    driving;
4        (6) there is any amount of a drug, substance, or
5    compound in the person's breath, blood, other bodily
6    substance, or urine resulting from the unlawful use or
7    consumption of a controlled substance listed in the
8    Illinois Controlled Substances Act, an intoxicating
9    compound listed in the Use of Intoxicating Compounds Act,
10    or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act; or
12        (7) the person has, within 2 hours of driving or being
13    in actual physical control of a vehicle, a
14    tetrahydrocannabinol concentration in the person's breath,
15    blood, or other bodily substance other than urine whole
16    blood or other bodily substance as defined in paragraph 6
17    of subsection (a) of Section 11-501.2 of this Code.
18    Subject to all other requirements and provisions under
19    this Section, this paragraph (7) does not apply to the
20    lawful consumption of cannabis by a qualifying patient
21    licensed under the Compassionate Use of Medical Cannabis
22    Program Act who is in possession of a valid registry card
23    issued under that Act, unless that person is impaired by
24    the use of cannabis.
25    (b) The fact that any person charged with violating this
26Section is or has been legally entitled to use alcohol,

 

 

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1cannabis under the Compassionate Use of Medical Cannabis
2Program Act, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof, shall not constitute a
4defense against any charge of violating this Section.
5    (c) Penalties.
6        (1) Except as otherwise provided in this Section, any
7    person convicted of violating subsection (a) of this
8    Section is guilty of a Class A misdemeanor.
9        (2) A person who violates subsection (a) or a similar
10    provision a second time shall be sentenced to a mandatory
11    minimum term of either 5 days of imprisonment or 240 hours
12    of community service in addition to any other criminal or
13    administrative sanction.
14        (3) A person who violates subsection (a) is subject to
15    6 months of imprisonment, an additional mandatory minimum
16    fine of $1,000, and 25 days of community service in a
17    program benefiting children if the person was transporting
18    a person under the age of 16 at the time of the violation.
19        (4) A person who violates subsection (a) a first time,
20    if the alcohol concentration in his or her blood, breath,
21    other bodily substance, or urine was 0.16 or more based on
22    the definition of blood, breath, other bodily substance,
23    or urine units in Section 11-501.2, shall be subject, in
24    addition to any other penalty that may be imposed, to a
25    mandatory minimum of 100 hours of community service and a
26    mandatory minimum fine of $500.

 

 

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1        (5) A person who violates subsection (a) a second
2    time, if at the time of the second violation the alcohol
3    concentration in his or her blood, breath, other bodily
4    substance, or urine was 0.16 or more based on the
5    definition of blood, breath, other bodily substance, or
6    urine units in Section 11-501.2, shall be subject, in
7    addition to any other penalty that may be imposed, to a
8    mandatory minimum of 2 days of imprisonment and a
9    mandatory minimum fine of $1,250.
10    (d) Aggravated driving under the influence of alcohol,
11other drug or drugs, or intoxicating compound or compounds, or
12any combination thereof.
13        (1) Every person convicted of committing a violation
14    of this Section shall be guilty of aggravated driving
15    under the influence of alcohol, other drug or drugs, or
16    intoxicating compound or compounds, or any combination
17    thereof if:
18            (A) the person committed a violation of subsection
19        (a) or a similar provision for the third or subsequent
20        time;
21            (B) the person committed a violation of subsection
22        (a) while driving a school bus with one or more
23        passengers on board;
24            (C) the person in committing a violation of
25        subsection (a) was involved in a motor vehicle crash
26        that resulted in great bodily harm or permanent

 

 

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1        disability or disfigurement to another, when the
2        violation was a proximate cause of the injuries;
3            (D) the person committed a violation of subsection
4        (a) and has been previously convicted of violating
5        Section 9-3 of the Criminal Code of 1961 or the
6        Criminal Code of 2012 or a similar provision of a law
7        of another state relating to reckless homicide in
8        which the person was determined to have been under the
9        influence of alcohol, other drug or drugs, or
10        intoxicating compound or compounds as an element of
11        the offense or the person has previously been
12        convicted under subparagraph (C) or subparagraph (F)
13        of this paragraph (1);
14            (E) the person, in committing a violation of
15        subsection (a) while driving at any speed in a school
16        speed zone at a time when a speed limit of 20 miles per
17        hour was in effect under subsection (a) of Section
18        11-605 of this Code, was involved in a motor vehicle
19        crash that resulted in bodily harm, other than great
20        bodily harm or permanent disability or disfigurement,
21        to another person, when the violation of subsection
22        (a) was a proximate cause of the bodily harm;
23            (F) the person, in committing a violation of
24        subsection (a), was involved in a motor vehicle crash
25        or snowmobile, all-terrain vehicle, or watercraft
26        accident that resulted in the death of another person,

 

 

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1        when the violation of subsection (a) was a proximate
2        cause of the death;
3            (G) the person committed a violation of subsection
4        (a) during a period in which the defendant's driving
5        privileges are revoked or suspended, where the
6        revocation or suspension was for a violation of
7        subsection (a) or a similar provision, Section
8        11-501.1, paragraph (b) of Section 11-401, or for
9        reckless homicide as defined in Section 9-3 of the
10        Criminal Code of 1961 or the Criminal Code of 2012;
11            (H) the person committed the violation while he or
12        she did not possess a driver's license or permit or a
13        restricted driving permit or a judicial driving permit
14        or a monitoring device driving permit;
15            (I) the person committed the violation while he or
16        she knew or should have known that the vehicle he or
17        she was driving was not covered by a liability
18        insurance policy;
19            (J) the person in committing a violation of
20        subsection (a) was involved in a motor vehicle crash
21        that resulted in bodily harm, but not great bodily
22        harm, to the child under the age of 16 being
23        transported by the person, if the violation was the
24        proximate cause of the injury;
25            (K) the person in committing a second violation of
26        subsection (a) or a similar provision was transporting

 

 

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1        a person under the age of 16; or
2            (L) the person committed a violation of subsection
3        (a) of this Section while transporting one or more
4        passengers in a vehicle for-hire.
5        (2)(A) Except as provided otherwise, a person
6    convicted of aggravated driving under the influence of
7    alcohol, other drug or drugs, or intoxicating compound or
8    compounds, or any combination thereof is guilty of a Class
9    4 felony.
10        (B) A third violation of this Section or a similar
11    provision is a Class 2 felony. If at the time of the third
12    violation the alcohol concentration in his or her blood,
13    breath, other bodily substance, or urine was 0.16 or more
14    based on the definition of blood, breath, other bodily
15    substance, or urine units in Section 11-501.2, a mandatory
16    minimum of 90 days of imprisonment and a mandatory minimum
17    fine of $2,500 shall be imposed in addition to any other
18    criminal or administrative sanction. If at the time of the
19    third violation, the defendant was transporting a person
20    under the age of 16, a mandatory fine of $25,000 and 25
21    days of community service in a program benefiting children
22    shall be imposed in addition to any other criminal or
23    administrative sanction.
24        (C) A fourth violation of this Section or a similar
25    provision is a Class 2 felony, for which a sentence of
26    probation or conditional discharge may not be imposed. If

 

 

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1    at the time of the violation, the alcohol concentration in
2    the defendant's blood, breath, other bodily substance, or
3    urine was 0.16 or more based on the definition of blood,
4    breath, other bodily substance, or urine units in Section
5    11-501.2, a mandatory minimum fine of $5,000 shall be
6    imposed in addition to any other criminal or
7    administrative sanction. If at the time of the fourth
8    violation, the defendant was transporting a person under
9    the age of 16 a mandatory fine of $25,000 and 25 days of
10    community service in a program benefiting children shall
11    be imposed in addition to any other criminal or
12    administrative sanction.
13        (D) A fifth violation of this Section or a similar
14    provision is a Class 1 felony, for which a sentence of
15    probation or conditional discharge may not be imposed. If
16    at the time of the violation, the alcohol concentration in
17    the defendant's blood, breath, other bodily substance, or
18    urine was 0.16 or more based on the definition of blood,
19    breath, other bodily substance, or urine units in Section
20    11-501.2, a mandatory minimum fine of $5,000 shall be
21    imposed in addition to any other criminal or
22    administrative sanction. If at the time of the fifth
23    violation, the defendant was transporting a person under
24    the age of 16, a mandatory fine of $25,000, and 25 days of
25    community service in a program benefiting children shall
26    be imposed in addition to any other criminal or

 

 

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1    administrative sanction.
2        (E) A sixth or subsequent violation of this Section or
3    similar provision is a Class X felony. If at the time of
4    the violation, the alcohol concentration in the
5    defendant's blood, breath, other bodily substance, or
6    urine was 0.16 or more based on the definition of blood,
7    breath, other bodily substance, or urine units in Section
8    11-501.2, a mandatory minimum fine of $5,000 shall be
9    imposed in addition to any other criminal or
10    administrative sanction. If at the time of the violation,
11    the defendant was transporting a person under the age of
12    16, a mandatory fine of $25,000 and 25 days of community
13    service in a program benefiting children shall be imposed
14    in addition to any other criminal or administrative
15    sanction.
16        (F) For a violation of subparagraph (C) of paragraph
17    (1) of this subsection (d), the defendant, if sentenced to
18    a term of imprisonment, shall be sentenced to not less
19    than one year nor more than 12 years.
20        (G) A violation of subparagraph (F) of paragraph (1)
21    of this subsection (d) is a Class 2 felony, for which the
22    defendant, unless the court determines that extraordinary
23    circumstances exist and require probation, shall be
24    sentenced to: (i) a term of imprisonment of not less than 3
25    years and not more than 14 years if the violation resulted
26    in the death of one person; or (ii) a term of imprisonment

 

 

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1    of not less than 6 years and not more than 28 years if the
2    violation resulted in the deaths of 2 or more persons.
3        (H) For a violation of subparagraph (J) of paragraph
4    (1) of this subsection (d), a mandatory fine of $2,500,
5    and 25 days of community service in a program benefiting
6    children shall be imposed in addition to any other
7    criminal or administrative sanction.
8        (I) A violation of subparagraph (K) of paragraph (1)
9    of this subsection (d), is a Class 2 felony and a mandatory
10    fine of $2,500, and 25 days of community service in a
11    program benefiting children shall be imposed in addition
12    to any other criminal or administrative sanction. If the
13    child being transported suffered bodily harm, but not
14    great bodily harm, in a motor vehicle crash, and the
15    violation was the proximate cause of that injury, a
16    mandatory fine of $5,000 and 25 days of community service
17    in a program benefiting children shall be imposed in
18    addition to any other criminal or administrative sanction.
19        (J) A violation of subparagraph (D) of paragraph (1)
20    of this subsection (d) is a Class 3 felony, for which a
21    sentence of probation or conditional discharge may not be
22    imposed.
23        (3) Any person sentenced under this subsection (d) who
24    receives a term of probation or conditional discharge must
25    serve a minimum term of either 480 hours of community
26    service or 10 days of imprisonment as a condition of the

 

 

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1    probation or conditional discharge in addition to any
2    other criminal or administrative sanction.
3    (e) Any reference to a prior violation of subsection (a)
4or a similar provision includes any violation of a provision
5of a local ordinance or a provision of a law of another state
6or an offense committed on a military installation that is
7similar to a violation of subsection (a) of this Section.
8    (f) The imposition of a mandatory term of imprisonment or
9assignment of community service for a violation of this
10Section shall not be suspended or reduced by the court.
11    (g) Any penalty imposed for driving with a license that
12has been revoked for a previous violation of subsection (a) of
13this Section shall be in addition to the penalty imposed for
14any subsequent violation of subsection (a).
15    (h) For any prosecution under this Section, a certified
16copy of the driving abstract of the defendant shall be
17admitted as proof of any prior conviction.
18(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
 
19    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
20    Sec. 11-501.2. Chemical and other tests.
21    (a) Upon the trial of any civil or criminal action or
22proceeding arising out of an arrest for an offense as defined
23in Section 11-501 or a similar local ordinance or proceedings
24pursuant to Section 2-118.1, evidence of the concentration of
25alcohol, other drug or drugs, or intoxicating compound or

 

 

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1compounds, or any combination thereof in a person's blood or
2breath at the time alleged, as determined by analysis of the
3person's blood, urine, breath, or other bodily substance,
4shall be admissible. Where such test is made the following
5provisions shall apply:
6        1. Chemical analyses of the person's blood, urine,
7    breath, or other bodily substance to be considered valid
8    under the provisions of this Section shall have been
9    performed according to standards promulgated by the
10    Illinois State Police by a licensed physician, registered
11    nurse, trained phlebotomist, licensed paramedic, or other
12    individual possessing a valid permit issued by that
13    Department for this purpose. The Director of the Illinois
14    State Police is authorized to approve satisfactory
15    techniques or methods, to ascertain the qualifications and
16    competence of individuals to conduct such analyses, to
17    issue permits which shall be subject to termination or
18    revocation at the discretion of that Department and to
19    certify the accuracy of breath testing equipment. The
20    Illinois State Police shall prescribe regulations as
21    necessary to implement this Section.
22        2. When a person in this State shall submit to a blood
23    test at the request of a law enforcement officer under the
24    provisions of Section 11-501.1, only a physician
25    authorized to practice medicine, a licensed physician
26    assistant, a licensed advanced practice registered nurse,

 

 

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1    a registered nurse, trained phlebotomist, or licensed
2    paramedic, or other qualified person approved by the
3    Illinois State Police may withdraw blood for the purpose
4    of determining the alcohol, drug, or alcohol and drug
5    content therein. This limitation shall not apply to the
6    taking of breath, other bodily substance, or urine
7    specimens.
8        When a blood test of a person who has been taken to an
9    adjoining state for medical treatment is requested by an
10    Illinois law enforcement officer, the blood may be
11    withdrawn only by a physician authorized to practice
12    medicine in the adjoining state, a licensed physician
13    assistant, a licensed advanced practice registered nurse,
14    a registered nurse, a trained phlebotomist acting under
15    the direction of the physician, or licensed paramedic. The
16    law enforcement officer requesting the test shall take
17    custody of the blood sample, and the blood sample shall be
18    analyzed by a laboratory certified by the Illinois State
19    Police for that purpose.
20        3. The person tested may have a physician, or a
21    qualified technician, chemist, registered nurse, or other
22    qualified person of their own choosing administer a
23    chemical test or tests in addition to any administered at
24    the direction of a law enforcement officer. The failure or
25    inability to obtain an additional test by a person shall
26    not preclude the admission of evidence relating to the

 

 

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1    test or tests taken at the direction of a law enforcement
2    officer.
3        4. Upon the request of the person who shall submit to a
4    chemical test or tests at the request of a law enforcement
5    officer, full information concerning the test or tests
6    shall be made available to the person or such person's
7    attorney.
8        5. Alcohol concentration shall mean either grams of
9    alcohol per 100 milliliters of blood or grams of alcohol
10    per 210 liters of breath.
11        6. Tetrahydrocannabinol concentration means either 5
12    nanograms or more of delta-9-tetrahydrocannabinol per
13    milliliter of whole blood or 10 nanograms or more of
14    delta-9-tetrahydrocannabinol per milliliter of other
15    bodily substance. For purposes of this subsection,
16    "delta-9-tetrahydrocannabinol" includes parent
17    delta-9-tetrahydrocannabinol or free
18    delta-9-tetrahydrocannabinol.
19    (a-5) Law enforcement officials may use validated roadside
20chemical tests or standardized field sobriety tests approved
21by the National Highway Traffic Safety Administration when
22conducting investigations of a violation of Section 11-501 or
23similar local ordinance by drivers suspected of driving under
24the influence of cannabis. The General Assembly finds that (i)
25validated roadside chemical tests are effective means to
26determine if a person is under the influence of cannabis and

 

 

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1(ii) standardized field sobriety tests approved by the
2National Highway Traffic Safety Administration are divided
3attention tasks that are intended to determine if a person is
4under the influence of cannabis. The purpose of these tests is
5to determine the effect of the use of cannabis on a person's
6capacity to think and act with ordinary care and therefore
7operate a motor vehicle safely. Therefore, the results of
8these validated roadside chemical tests and standardized field
9sobriety tests, appropriately administered, shall be
10admissible in the trial of any civil or criminal action or
11proceeding arising out of an arrest for a cannabis-related
12offense as defined in Section 11-501 or a similar local
13ordinance or proceedings under Section 2-118.1 or 2-118.2.
14Where a test is made the following provisions shall apply:
15        1. The person tested may have a physician, or a
16    qualified technician, chemist, registered nurse, or other
17    qualified person of their own choosing administer a
18    chemical test or tests in addition to the standardized
19    field sobriety test or tests administered at the direction
20    of a law enforcement officer. The failure or inability to
21    obtain an additional test by a person does not preclude
22    the admission of evidence relating to the test or tests
23    taken at the direction of a law enforcement officer.
24        2. Upon the request of the person who shall submit to
25    validated roadside chemical tests or a standardized field
26    sobriety test or tests at the request of a law enforcement

 

 

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1    officer, full information concerning the test or tests
2    shall be made available to the person or the person's
3    attorney.
4        3. At the trial of any civil or criminal action or
5    proceeding arising out of an arrest for an offense as
6    defined in Section 11-501 or a similar local ordinance or
7    proceedings under Section 2-118.1 or 2-118.2 in which the
8    results of these validated roadside chemical tests or
9    standardized field sobriety tests are admitted, the person
10    may present and the trier of fact may consider evidence
11    that the person lacked the physical capacity to perform
12    the validated roadside chemical tests or standardized
13    field sobriety tests.
14    (b) Upon the trial of any civil or criminal action or
15proceeding arising out of acts alleged to have been committed
16by any person while driving or in actual physical control of a
17vehicle while under the influence of alcohol, the
18concentration of alcohol in the person's blood or breath at
19the time alleged as shown by analysis of the person's blood,
20urine, breath, or other bodily substance shall give rise to
21the following presumptions:
22        1. If there was at that time an alcohol concentration
23    of 0.05 or less, it shall be presumed that the person was
24    not under the influence of alcohol.
25        2. If there was at that time an alcohol concentration
26    in excess of 0.05 but less than 0.08, such facts shall not

 

 

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1    give rise to any presumption that the person was or was not
2    under the influence of alcohol, but such fact may be
3    considered with other competent evidence in determining
4    whether the person was under the influence of alcohol.
5        3. If there was at that time an alcohol concentration
6    of 0.08 or more, it shall be presumed that the person was
7    under the influence of alcohol.
8        4. The foregoing provisions of this Section shall not
9    be construed as limiting the introduction of any other
10    relevant evidence bearing upon the question whether the
11    person was under the influence of alcohol.
12    (b-5) Upon the trial of any civil or criminal action or
13proceeding arising out of acts alleged to have been committed
14by any person while driving or in actual physical control of a
15vehicle while under the influence of alcohol, other drug or
16drugs, intoxicating compound or compounds or any combination
17thereof, the concentration of cannabis in the person's whole
18blood or other bodily substance at the time alleged as shown by
19analysis of the person's blood or other bodily substance shall
20give rise to the following presumptions:
21        1. If there was a tetrahydrocannabinol concentration
22    of 5 nanograms or more in whole blood or 10 nanograms or
23    more in an other bodily substance as defined in this
24    Section, it shall be presumed that the person was under
25    the influence of cannabis.
26        2. If there was at that time a tetrahydrocannabinol

 

 

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1    concentration of less than 5 nanograms in whole blood or
2    less than 10 nanograms in an other bodily substance, such
3    facts shall not give rise to any presumption that the
4    person was or was not under the influence of cannabis, but
5    such fact may be considered with other competent evidence
6    in determining whether the person was under the influence
7    of cannabis.
8    (c) 1. If a person under arrest refuses to submit to a
9chemical test under the provisions of Section 11-501.1,
10evidence of refusal shall be admissible in any civil or
11criminal action or proceeding arising out of acts alleged to
12have been committed while the person under the influence of
13alcohol, other drug or drugs, or intoxicating compound or
14compounds, or any combination thereof was driving or in actual
15physical control of a motor vehicle.
16    2. Notwithstanding any ability to refuse under this Code
17to submit to these tests or any ability to revoke the implied
18consent to these tests, if a law enforcement officer has
19probable cause to believe that a motor vehicle driven by or in
20actual physical control of a person under the influence of
21alcohol, other drug or drugs, or intoxicating compound or
22compounds, or any combination thereof has caused the death or
23personal injury to another, the law enforcement officer shall
24request, and that person shall submit, upon the request of a
25law enforcement officer, to a chemical test or tests of his or
26her blood, breath, other bodily substance, or urine for the

 

 

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1purpose of determining the alcohol content thereof or the
2presence of any other drug or combination of both.
3    This provision does not affect the applicability of or
4imposition of driver's license sanctions under Section
511-501.1 of this Code.
6    3. For purposes of this Section, a personal injury
7includes any Type A injury as indicated on the traffic crash
8report completed by a law enforcement officer that requires
9immediate professional attention in either a doctor's office
10or a medical facility. A Type A injury includes severe
11bleeding wounds, distorted extremities, and injuries that
12require the injured party to be carried from the scene.
13    (d) If a person refuses validated roadside chemical tests
14or standardized field sobriety tests under Section 11-501.9 of
15this Code, evidence of refusal shall be admissible in any
16civil or criminal action or proceeding arising out of acts
17committed while the person was driving or in actual physical
18control of a vehicle and alleged to have been impaired by the
19use of cannabis.
20    (e) Illinois State Police compliance with the changes in
21this amendatory Act of the 99th General Assembly concerning
22testing of other bodily substances and tetrahydrocannabinol
23concentration by Illinois State Police laboratories is subject
24to appropriation and until the Illinois State Police adopt
25standards and completion validation. Any laboratories that
26test for the presence of cannabis or other drugs under this

 

 

HB4890- 20 -LRB103 34683 MXP 64528 b

1Article, the Snowmobile Registration and Safety Act, or the
2Boat Registration and Safety Act must comply with ISO/IEC
317025:2005.
4(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21;
5102-982, eff. 7-1-23.)