100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4772

 

Introduced , by Rep. Ryan Spain

 

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

    Amends the Illinois Vehicle Code. Provides that any 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 fatal motor vehicle accident shall be deemed to have given consent, regardless of whether an arrest takes place, to tests of blood, breath, other bodily substance, or urine to detect alcohol, drugs, or intoxicating compounds. Provides that both a test of the concentration of alcohol in the person's breath and a test of blood, other bodily substance, or urine for the purpose of determining the content of alcohol, drugs, or intoxicating compounds of the person's blood shall be administered. Provides that the required tests be conducted within one hour of the arrival of law enforcement personnel at the scene of the accident or, if the driver has fled the scene of the accident, within one hour of apprehending the driver.


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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,
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    Sec. 11-501.6. Driver involvement in personal injury or
8fatal motor vehicle accident; chemical test.
9    (a) Any person who drives or is in actual control of a
10motor vehicle upon the public highways of this State and who
11has been involved in a personal injury or fatal motor vehicle
12accident, shall be deemed to have given consent to a breath
13test using a portable device as approved by the Department of
14State Police or to a chemical test or tests of blood, breath,
15other bodily substance, or urine for the purpose of determining
16the content of alcohol, other drug or drugs, or intoxicating
17compound or compounds of such person's blood if arrested as
18evidenced by the issuance of a Uniform Traffic Ticket for any
19violation of the Illinois Vehicle Code or a similar provision
20of a local ordinance, with the exception of equipment
21violations contained in Chapter 12 of this Code, or similar
22provisions of local ordinances. The test or tests shall be
23administered at the direction of the arresting officer within

 

 

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1one hour of the arrival of law enforcement personnel at the
2scene of the accident or, if the driver has fled the scene of
3the accident, within one hour of apprehending the driver. The
4law enforcement agency employing the officer shall designate
5which of the aforesaid tests shall be administered. Up to 2
6additional tests of urine or other bodily substance may be
7administered even after a blood or breath test or both has been
8administered. Compliance with this Section does not relieve
9such person from the requirements of Section 11-501.1 of this
10Code.
11    (a-5) Any person who drives or is in actual control of a
12motor vehicle upon the public highways of this State and who
13has been involved in a fatal motor vehicle accident shall be
14deemed to have given consent to a breath test using a portable
15device as approved by the Department of State Police and to a
16chemical test or tests of blood, breath, other bodily
17substance, or urine for the purpose of determining the content
18of alcohol, other drug or drugs, or intoxicating compound or
19compounds of such person's blood. This Section shall not apply
20to those persons arrested for a violation under Section 11-501
21of this Code or a similar violation of a local ordinance, in
22which case the provisions of Section 11-501.1 shall apply. The
23tests shall be administered at the direction of the officer
24responding to the vehicle accident. Both a test of the
25concentration of alcohol in the person's breath and a test of
26blood, other bodily substance, or urine for the purpose of

 

 

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1determining the content of alcohol, other drug or drugs, or
2intoxicating compound or compounds of the person's blood shall
3be administered. The test shall be administered within one hour
4of the arrival of law enforcement personnel at the scene of the
5accident or, if the driver has fled the scene of the accident,
6within one hour of apprehending the driver. Up to 2 additional
7tests of urine or other bodily substance test may be
8administered even after a blood or breath test or both have
9been administered. Compliance with this Section does not
10relieve such person from the requirements of Section 11-501.1
11of this Code.
12    (b) Any person who is dead, unconscious or who is otherwise
13in a condition rendering such person incapable of refusal shall
14be deemed not to have withdrawn the consent provided by
15subsection (a) of this Section. In addition, if a driver of a
16vehicle is receiving medical treatment as a result of a motor
17vehicle accident, any physician licensed to practice medicine,
18licensed physician assistant, licensed advanced practice
19registered nurse, registered nurse or a phlebotomist acting
20under the direction of a licensed physician shall withdraw
21blood for testing purposes to ascertain the presence of
22alcohol, other drug or drugs, or intoxicating compound or
23compounds, upon the specific request of a law enforcement
24officer. However, no such testing shall be performed until, in
25the opinion of the medical personnel on scene, the withdrawal
26can be made without interfering with or endangering the

 

 

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1well-being of the patient.
2    (c) A person requested to submit to a test as provided
3above shall be warned by the law enforcement officer requesting
4the test that a refusal to submit to the test, or submission to
5the test resulting in an alcohol concentration of 0.08 or more,
6or testing discloses the presence of cannabis as listed in the
7Cannabis Control Act with a tetrahydrocannabinol concentration
8as defined in paragraph 6 of subsection (a) of Section 11-501.2
9of this Code, or any amount of a drug, substance, or
10intoxicating compound resulting from the unlawful use or
11consumption of a controlled substance listed in the Illinois
12Controlled Substances Act, an intoxicating compound listed in
13the Use of Intoxicating Compounds Act, or methamphetamine as
14listed in the Methamphetamine Control and Community Protection
15Act as detected in such person's blood, other bodily substance,
16or urine, may result in the suspension of such person's
17privilege to operate a motor vehicle. If the person is also a
18CDL holder, he or she shall be warned by the law enforcement
19officer requesting the test that a refusal to submit to the
20test, or submission to the test resulting in an alcohol
21concentration of 0.08 or more, or any amount of a drug,
22substance, or intoxicating compound resulting from the
23unlawful use or consumption of cannabis, as covered by the
24Cannabis Control Act, a controlled substance listed in the
25Illinois Controlled Substances Act, an intoxicating compound
26listed in the Use of Intoxicating Compounds Act, or

 

 

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1methamphetamine as listed in the Methamphetamine Control and
2Community Protection Act as detected in the person's blood,
3other bodily substance, or urine, may result in the
4disqualification of the person's privilege to operate a
5commercial motor vehicle, as provided in Section 6-514 of this
6Code. The length of the suspension shall be the same as
7outlined in Section 6-208.1 of this Code regarding statutory
8summary suspensions.
9    A person requested to submit to a test shall also
10acknowledge, in writing, receipt of the warning required under
11this Section. If the person refuses to acknowledge receipt of
12the warning, the law enforcement officer shall make a written
13notation on the warning that the person refused to sign the
14warning. A person's refusal to sign the warning shall not be
15evidence that the person was not read the warning.
16    (d) If the person refuses testing or submits to a test
17which discloses an alcohol concentration of 0.08 or more, the
18presence of cannabis as listed in the Cannabis Control Act with
19a tetrahydrocannabinol concentration as defined in paragraph 6
20of subsection (a) of Section 11-501.2 of this Code, or any
21amount of a drug, substance, or intoxicating compound in such
22person's blood or urine resulting from the unlawful use or
23consumption of a controlled substance listed in the Illinois
24Controlled Substances Act, an intoxicating compound listed in
25the Use of Intoxicating Compounds Act, or methamphetamine as
26listed in the Methamphetamine Control and Community Protection

 

 

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1Act, the law enforcement officer shall immediately submit a
2sworn report to the Secretary of State on a form prescribed by
3the Secretary, certifying that the test or tests were requested
4under subsection (a) and the person refused to submit to a test
5or tests or submitted to testing which disclosed an alcohol
6concentration of 0.08 or more, the presence of cannabis as
7listed in the Cannabis Control Act with a tetrahydrocannabinol
8concentration as defined in paragraph 6 of subsection (a) of
9Section 11-501.2 of this Code, or any amount of a drug,
10substance, or intoxicating compound in such person's blood,
11other bodily substance, or urine, resulting from the unlawful
12use or consumption of a controlled substance listed in the
13Illinois Controlled Substances Act, an intoxicating compound
14listed in the Use of Intoxicating Compounds Act, or
15methamphetamine as listed in the Methamphetamine Control and
16Community Protection Act. If the person is also a CDL holder
17and refuses testing or submits to a test which discloses an
18alcohol concentration of 0.08 or more, or any amount of a drug,
19substance, or intoxicating compound in the person's blood,
20other bodily substance, or urine resulting from the unlawful
21use or consumption of cannabis listed in the Cannabis Control
22Act, a controlled substance listed in the Illinois Controlled
23Substances Act, an intoxicating compound listed in the Use of
24Intoxicating Compounds Act, or methamphetamine as listed in the
25Methamphetamine Control and Community Protection Act, the law
26enforcement officer shall immediately submit a sworn report to

 

 

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1the Secretary of State on a form prescribed by the Secretary,
2certifying that the test or tests were requested under
3subsection (a) and the person refused to submit to a test or
4tests or submitted to testing which disclosed an alcohol
5concentration of 0.08 or more, or any amount of a drug,
6substance, or intoxicating compound in such person's blood,
7other bodily substance, or urine, resulting from the unlawful
8use or consumption of cannabis listed in the Cannabis Control
9Act, a controlled substance listed in the Illinois Controlled
10Substances Act, an intoxicating compound listed in the Use of
11Intoxicating Compounds Act, or methamphetamine as listed in the
12Methamphetamine Control and Community Protection Act.
13    Upon receipt of the sworn report of a law enforcement
14officer, the Secretary shall enter the suspension and
15disqualification to the individual's driving record and the
16suspension and disqualification shall be effective on the 46th
17day following the date notice of the suspension was given to
18the person.
19    The law enforcement officer submitting the sworn report
20shall serve immediate notice of this suspension on the person
21and such suspension and disqualification shall be effective on
22the 46th day following the date notice was given.
23    In cases involving a person who is not a CDL holder where
24the blood alcohol concentration of 0.08 or more, or blood
25testing discloses the presence of cannabis as listed in the
26Cannabis Control Act with a tetrahydrocannabinol concentration

 

 

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1as defined in paragraph 6 of subsection (a) of Section 11-501.2
2of this Code, or any amount of a drug, substance, or
3intoxicating compound resulting from the unlawful use or
4consumption of a controlled substance listed in the Illinois
5Controlled Substances Act, an intoxicating compound listed in
6the Use of Intoxicating Compounds Act, or methamphetamine as
7listed in the Methamphetamine Control and Community Protection
8Act, is established by a subsequent analysis of blood, other
9bodily substance, or urine collected at the time of arrest, the
10arresting officer shall give notice as provided in this Section
11or by deposit in the United States mail of such notice in an
12envelope with postage prepaid and addressed to such person at
13his or her address as shown on the Uniform Traffic Ticket and
14the suspension shall be effective on the 46th day following the
15date notice was given.
16    In cases involving a person who is a CDL holder where the
17blood alcohol concentration of 0.08 or more, or any amount of a
18drug, substance, or intoxicating compound resulting from the
19unlawful use or consumption of cannabis as listed in the
20Cannabis Control Act, a controlled substance listed in the
21Illinois Controlled Substances Act, an intoxicating compound
22listed in the Use of Intoxicating Compounds Act, or
23methamphetamine as listed in the Methamphetamine Control and
24Community Protection Act, is established by a subsequent
25analysis of blood, other bodily substance, or urine collected
26at the time of arrest, the arresting officer shall give notice

 

 

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1as provided in this Section or by deposit in the United States
2mail of such notice in an envelope with postage prepaid and
3addressed to the person at his or her address as shown on the
4Uniform Traffic Ticket and the suspension and disqualification
5shall be effective on the 46th day following the date notice
6was given.
7    Upon receipt of the sworn report of a law enforcement
8officer, the Secretary shall also give notice of the suspension
9and disqualification to the driver by mailing a notice of the
10effective date of the suspension and disqualification to the
11individual. However, should the sworn report be defective by
12not containing sufficient information or be completed in error,
13the notice of the suspension and disqualification shall not be
14mailed to the person or entered to the driving record, but
15rather the sworn report shall be returned to the issuing law
16enforcement agency.
17    (e) A driver may contest this suspension of his or her
18driving privileges and disqualification of his or her CDL
19privileges by requesting an administrative hearing with the
20Secretary in accordance with Section 2-118 of this Code. At the
21conclusion of a hearing held under Section 2-118 of this Code,
22the Secretary may rescind, continue, or modify the orders of
23suspension and disqualification. If the Secretary does not
24rescind the orders of suspension and disqualification, a
25restricted driving permit may be granted by the Secretary upon
26application being made and good cause shown. A restricted

 

 

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1driving permit may be granted to relieve undue hardship to
2allow driving for employment, educational, and medical
3purposes as outlined in Section 6-206 of this Code. The
4provisions of Section 6-206 of this Code shall apply. In
5accordance with 49 C.F.R. 384, the Secretary of State may not
6issue a restricted driving permit for the operation of a
7commercial motor vehicle to a person holding a CDL whose
8driving privileges have been suspended, revoked, cancelled, or
9disqualified.
10    (f) (Blank).
11    (g) For the purposes of this Section, a personal injury
12shall include any type A injury as indicated on the traffic
13accident report completed by a law enforcement officer that
14requires immediate professional attention in either a doctor's
15office or a medical facility. A type A injury shall include
16severely bleeding wounds, distorted extremities, and injuries
17that require the injured party to be carried from the scene.
18(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
19100-513, eff. 1-1-18.)