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91_SB0578
LRB9101609KSpc
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 11-501.4-1 and 11-501.6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 11-501.4-1 and 11-501.6 as follows:
7 (625 ILCS 5/11-501.4-1)
8 Sec. 11-501.4-1. Reporting of test results of blood or
9 urine conducted in the regular course of providing emergency
10 medical treatment.
11 (a) Notwithstanding any other provision of law, the
12 results of blood or urine tests performed for the purpose of
13 determining the content of alcohol, other drug or drugs, or
14 intoxicating compound or compounds, or any combination
15 thereof, in an individual's blood or urine conducted upon
16 persons receiving medical treatment in a hospital emergency
17 room for injuries resulting from a motor vehicle accident
18 shall may be reported to the Department of State Police or
19 local law enforcement agencies of jurisdiction. Such blood or
20 urine tests are admissible in evidence as a business record
21 exception to the hearsay rule only in prosecutions for any
22 violation of Section 11-501 of this Code or a similar
23 provision of a local ordinance, or in prosecutions for
24 reckless homicide brought under the Criminal Code of 1961.
25 (b) The confidentiality provisions of law pertaining to
26 medical records and medical treatment shall not be applicable
27 with regard to tests performed upon an individual's blood or
28 urine under the provisions of subsection (a) of this Section.
29 No person shall be liable for civil damages or professional
30 discipline as a result of the reporting of the tests or the
31 evidentiary use of an individual's blood or urine test
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1 results under this Section or Section 11-501.4 or as a result
2 of that person's testimony made available under this Section
3 or Section 11-501.4, except for willful or wanton misconduct.
4 (Source: P.A. 89-517, eff. 1-1-97; 90-779, eff. 1-1-99.)
5 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
6 Sec. 11-501.6. Driver involvement in personal injury or
7 fatal motor vehicle accident - chemical test.
8 (a) Any person who drives or is in actual control of a
9 motor vehicle upon the public highways of this State, and who
10 has been involved in a personal injury or fatal motor vehicle
11 accident, and who has been transported to a medical facility
12 or doctor's office in connection with the accident, shall be
13 deemed to have given consent to a breath test using a
14 portable device as approved by the Department of Public
15 Health or to a chemical test or tests of blood, breath, or
16 urine for the purpose of determining the content of alcohol,
17 other drug or drugs, or intoxicating compound or compounds of
18 such person's blood if arrested as evidenced by the issuance
19 of a Uniform Traffic Ticket for any violation of the Illinois
20 Vehicle Code or a similar provision of a local ordinance,
21 with the exception of equipment violations contained in
22 Chapter 12 of this Code, or similar provisions of local
23 ordinances. The test or tests shall be administered at the
24 direction of the arresting officer. The law enforcement
25 agency employing the officer shall designate which of the
26 aforesaid tests shall be administered. A urine test may be
27 administered even after a blood or breath test or both has
28 been administered. Compliance with this Section does not
29 relieve such person from the requirements of Section 11-501.1
30 of this Code.
31 (b) Any person who is dead, unconscious or who is
32 otherwise in a condition rendering such person incapable of
33 refusal shall be deemed not to have withdrawn the consent
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1 provided by subsection (a) of this Section. In addition, if
2 a driver of a vehicle is receiving medical treatment as a
3 result of a motor vehicle accident, any physician licensed to
4 practice medicine, registered nurse or a phlebotomist acting
5 under the direction of a licensed physician shall withdraw
6 blood for testing purposes to ascertain the presence of
7 alcohol, other drug or drugs, or intoxicating compound or
8 compounds, upon the specific request of a law enforcement
9 officer. However, no such testing shall be performed until,
10 in the opinion of the medical personnel on scene, the
11 withdrawal can be made without interfering with or
12 endangering the well-being of the patient.
13 (c) A person requested to submit to a test as provided
14 above shall be warned by the law enforcement officer
15 requesting the test that a refusal to submit to the test, or
16 submission to the test resulting in an alcohol concentration
17 of 0.08 or more, or any amount of a drug, substance, or
18 intoxicating compound resulting from the unlawful use or
19 consumption of cannabis, as covered by the Cannabis Control
20 Act, a controlled substance listed in the Illinois Controlled
21 Substances Act, or an intoxicating compound listed in the Use
22 of Intoxicating Compounds Act as detected in such person's
23 blood or urine, may result in the suspension of such person's
24 privilege to operate a motor vehicle. The length of the
25 suspension shall be the same as outlined in Section 6-208.1
26 of this Code regarding statutory summary suspensions.
27 (d) If the person refuses testing or submits to a test
28 which discloses an alcohol concentration of 0.08 or more, or
29 any amount of a drug, substance, or intoxicating compound in
30 such person's blood or urine resulting from the unlawful use
31 or consumption of cannabis listed in the Cannabis Control
32 Act, a controlled substance listed in the Illinois Controlled
33 Substances Act, or an intoxicating compound listed in the Use
34 of Intoxicating Compounds Act, the law enforcement officer
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1 shall immediately submit a sworn report to the Secretary of
2 State on a form prescribed by the Secretary, certifying that
3 the test or tests were requested pursuant to subsection (a)
4 and the person refused to submit to a test or tests or
5 submitted to testing which disclosed an alcohol concentration
6 of 0.08 or more, or any amount of a drug, substance, or
7 intoxicating compound in such person's blood or urine,
8 resulting from the unlawful use or consumption of cannabis
9 listed in 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.
13 Upon receipt of the sworn report of a law enforcement
14 officer, the Secretary shall enter the suspension to the
15 individual's driving record and the suspension shall be
16 effective on the 46th day following the date notice of the
17 suspension was given to the person.
18 The law enforcement officer submitting the sworn report
19 shall serve immediate notice of this suspension on the person
20 and such suspension shall be effective on the 46th day
21 following the date notice was given.
22 In The cases where the blood alcohol concentration of
23 0.08 or more, or any amount of a drug, substance, or
24 intoxicating compound resulting from the unlawful use or
25 consumption of cannabis as listed in the Cannabis Control
26 Act, a controlled substance listed in the Illinois Controlled
27 Substances Act, or an intoxicating compound listed in the Use
28 of Intoxicating Compounds Act, is established by a subsequent
29 analysis of blood or urine collected at the time of arrest,
30 the arresting officer shall give notice as provided in this
31 Section or by deposit in the United States mail of such
32 notice in an envelope with postage prepaid and addressed to
33 such person at his address as shown on the Uniform Traffic
34 Ticket and the suspension shall be effective on the 46th day
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1 following the date notice was given.
2 Upon receipt of the sworn report of a law enforcement
3 officer, the Secretary shall also give notice of the
4 suspension to the driver by mailing a notice of the effective
5 date of the suspension to the individual. However, should
6 the sworn report be defective by not containing sufficient
7 information or be completed in error, the notice of the
8 suspension shall not be mailed to the person or entered to
9 the driving record, but rather the sworn report shall be
10 returned to the issuing law enforcement agency.
11 (e) A driver may contest this suspension of his driving
12 privileges by requesting an administrative hearing with the
13 Secretary in accordance with Section 2-118 of this Code. At
14 the conclusion of a hearing held under Section 2-118 of this
15 Code, the Secretary may rescind, continue, or modify the
16 order of suspension. If the Secretary does not rescind the
17 order, a restricted driving permit may be granted by the
18 Secretary upon application being made and good cause shown.
19 A restricted driving permit may be granted to relieve undue
20 hardship to allow driving for employment, educational, and
21 medical purposes as outlined in Section 6-206 of this Code.
22 The provisions of Section 6-206 of this Code shall apply.
23 (f) (Blank).
24 (g) For the purposes of this Section, a personal injury
25 shall include any type A injury as indicated on the traffic
26 accident report completed by a law enforcement officer that
27 requires immediate professional attention in either a
28 doctor's office or a medical facility. A type A injury shall
29 include severely bleeding wounds, distorted extremities, and
30 injuries that require the injured party to be carried from
31 the scene.
32 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
33 revised 10-31-98.)