97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3855

 

Introduced 10/24/2011, by Rep. Rich Brauer

 

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, 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 or urine for the purpose of determining the content of alcohol, drugs, or intoxicating compounds of the person's blood shall be administered.


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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
5Sections 6-206 and 11-501.6 and by adding Section 11-501.6a as
6follows:
 
7    (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
8    Sec. 11-501.6. Driver involvement in personal injury or
9fatal motor vehicle accident not involving an arrest for a
10violation of Section 11-501; driving under the influence of
11alcohol, other drug or drugs, intoxicating compounds, or any
12combination thereof; chemical test.
13    (a) Any person who drives or is in actual control of a
14motor vehicle upon the public highways of this State and who
15has been involved in a personal injury or fatal motor vehicle
16accident , shall be deemed to have given consent to a breath
17test using a portable device as approved by the Department of
18State Police or to a chemical test or tests of blood, breath,
19or urine for the purpose of determining the content of alcohol,
20other drug or drugs, or intoxicating compound or compounds of
21such person's blood if arrested as evidenced by the issuance of
22a Uniform Traffic Ticket for any violation of the Illinois
23Vehicle Code or a similar provision of a local ordinance, with

 

 

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1the exception of equipment violations contained in Chapter 12
2of this Code, or similar provisions of local ordinances. This
3Section shall not apply to those persons arrested for a
4violation of Section 11-501 or a similar violation of a local
5ordinance, in which case the provisions of Section 11-501.1
6shall apply. The test or tests shall be administered at the
7direction of the arresting officer. The law enforcement agency
8employing the officer shall designate which of the aforesaid
9tests shall be administered. A urine test may be administered
10even after a blood or breath test or both have has been
11administered. Compliance with this Section does not relieve
12such person from the requirements of Section 11-501.1 of this
13Code.
14    (a-5) Any person who drives or is in actual control of a
15motor vehicle upon the public highways of this State and who
16has been involved in a fatal motor vehicle accident shall be
17deemed to have given consent to a breath test using a portable
18device as approved by the Department of State Police and to a
19chemical test or tests of blood, breath, or urine for the
20purpose of determining the content of alcohol, other drug or
21drugs, or intoxicating compound or compounds of such person's
22blood. This Section shall not apply to those persons arrested
23for a violation of Section 11-501 or a similar violation of a
24local ordinance, in which case the provisions of Section
2511-501.1 shall apply. The tests shall be administered at the
26direction of the officer responding to the vehicle accident.

 

 

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

 

 

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1the test resulting in an alcohol concentration of 0.08 or more,
2or any amount of a drug, substance, or intoxicating compound
3resulting from the unlawful use or consumption of cannabis, as
4covered by the Cannabis Control Act, a controlled substance
5listed in the Illinois Controlled Substances Act, an
6intoxicating compound listed in the Use of Intoxicating
7Compounds Act, or methamphetamine as listed in the
8Methamphetamine Control and Community Protection Act as
9detected in such person's blood or urine, may result in the
10suspension of such person's privilege to operate a motor
11vehicle and may result in the disqualification of the person's
12privilege to operate a commercial motor vehicle, as provided in
13Section 6-514 of this Code, if the person is a CDL holder. The
14length of the suspension shall be the same as outlined in
15Section 6-208.1 of this Code regarding statutory summary
16suspensions.
17    (d) If the person refuses testing or submits to a test
18which discloses an alcohol concentration of 0.08 or more, or
19any amount of a drug, substance, or intoxicating compound in
20such person's blood or urine resulting from the unlawful use or
21consumption of cannabis listed in the Cannabis Control Act, a
22controlled 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 pursuant to
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 or
7urine, resulting from the unlawful use or consumption of
8cannabis listed in the Cannabis Control Act, a controlled
9substance listed in the Illinois Controlled Substances Act, an
10intoxicating compound listed in the Use of Intoxicating
11Compounds 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 where the blood alcohol concentration of 0.08 or
24more, or any amount of a drug, substance, or intoxicating
25compound resulting from the unlawful use or consumption of
26cannabis as listed in the Cannabis Control Act, a controlled

 

 

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1substance listed in the Illinois Controlled Substances Act, an
2intoxicating compound listed in the Use of Intoxicating
3Compounds Act, or methamphetamine as listed in the
4Methamphetamine Control and Community Protection Act, is
5established by a subsequent analysis of blood or urine
6collected at the time of arrest, the arresting officer shall
7give notice as provided in this Section or by deposit in the
8United States mail of such notice in an envelope with postage
9prepaid and addressed to such person at his address as shown on
10the Uniform Traffic Ticket and the suspension and
11disqualification shall be effective on the 46th day following
12the date notice was given.
13    Upon receipt of the sworn report of a law enforcement
14officer, the Secretary shall also give notice of the suspension
15and disqualification to the driver by mailing a notice of the
16effective date of the suspension and disqualification to the
17individual. However, should the sworn report be defective by
18not containing sufficient information or be completed in error,
19the notice of the suspension and disqualification shall not be
20mailed to the person or entered to the driving record, but
21rather the sworn report shall be returned to the issuing law
22enforcement agency.
23    (e) A driver may contest this suspension of his or her
24driving privileges and disqualification of his or her CDL
25privileges by requesting an administrative hearing with the
26Secretary in accordance with Section 2-118 of this Code. At the

 

 

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1conclusion of a hearing held under Section 2-118 of this Code,
2the Secretary may rescind, continue, or modify the orders of
3suspension and disqualification. If the Secretary does not
4rescind the orders of suspension and disqualification, a
5restricted driving permit may be granted by the Secretary upon
6application being made and good cause shown. A restricted
7driving permit may be granted to relieve undue hardship to
8allow driving for employment, educational, and medical
9purposes as outlined in Section 6-206 of this Code. The
10provisions of Section 6-206 of this Code shall apply. In
11accordance with 49 C.F.R. 384, the Secretary of State may not
12issue a restricted driving permit for the operation of a
13commercial motor vehicle to a person holding a CDL whose
14driving privileges have been suspended, revoked, cancelled, or
15disqualified.
16    (f) (Blank).
17    (g) For the purposes of this Section, a personal injury
18shall include any type A injury as indicated on the traffic
19accident report completed by a law enforcement officer that
20requires immediate professional attention in either a doctor's
21office or a medical facility. A type A injury shall include
22severely bleeding wounds, distorted extremities, and injuries
23that require the injured party to be carried from the scene.
24(Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11.)