Public Act 096-0289
 
HB2649 Enrolled LRB096 04584 AJT 14639 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 11-501, 11-501.2, and 11-501.4 as follows:
 
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
    Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof.
    (a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
        (1) the alcohol concentration in the person's blood or
    breath is 0.08 or more based on the definition of blood and
    breath units in Section 11-501.2;
        (2) under the influence of alcohol;
        (3) under the influence of any intoxicating compound or
    combination of intoxicating compounds to a degree that
    renders the person incapable of driving safely;
        (4) under the influence of any other drug or
    combination of drugs to a degree that renders the person
    incapable of safely driving;
        (5) under the combined influence of alcohol, other drug
    or drugs, or intoxicating compound or compounds to a degree
    that renders the person incapable of safely driving; or
        (6) there is any amount of a drug, substance, or
    compound in the person's breath, blood, or urine resulting
    from the unlawful use or consumption of cannabis listed in
    the Cannabis Control Act, a controlled substance listed in
    the Illinois Controlled Substances Act, an intoxicating
    compound listed in the Use of Intoxicating Compounds Act,
    or methamphetamine as listed in the Methamphetamine
    Control and Community Protection Act.
    (b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against any
charge of violating this Section.
    (c) Penalties.
        (1) Except as otherwise provided in this Section, any
    person convicted of violating subsection (a) of this
    Section is guilty of a Class A misdemeanor.
        (2) A person who violates subsection (a) or a similar
    provision a second time shall be sentenced to a mandatory
    minimum term of either 5 days of imprisonment or 240 hours
    of community service in addition to any other criminal or
    administrative sanction.
        (3) A person who violates subsection (a) is subject to
    6 months of imprisonment, an additional mandatory minimum
    fine of $1,000, and 25 days of community service in a
    program benefiting children if the person was transporting
    a person under the age of 16 at the time of the violation.
        (4) A person who violates subsection (a) a first time,
    if the alcohol concentration in his or her blood, breath,
    or urine was 0.16 or more based on the definition of blood,
    breath, or urine units in Section 11-501.2, shall be
    subject, in addition to any other penalty that may be
    imposed, to a mandatory minimum of 100 hours of community
    service and a mandatory minimum fine of $500.
        (5) A person who violates subsection (a) a second time,
    if at the time of the second violation the alcohol
    concentration in his or her blood, breath, or urine was
    0.16 or more based on the definition of blood, breath, or
    urine units in Section 11-501.2, shall be subject, in
    addition to any other penalty that may be imposed, to a
    mandatory minimum of 2 days of imprisonment and a mandatory
    minimum fine of $1,250.
    (d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
        (1) Every person convicted of committing a violation of
    this Section shall be guilty of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof if:
            (A) the person committed a violation of subsection
        (a) or a similar provision for the third or subsequent
        time;
            (B) the person committed a violation of subsection
        (a) while driving a school bus with persons 18 years of
        age or younger on board;
            (C) the person in committing a violation of
        subsection (a) was involved in a motor vehicle accident
        that resulted in great bodily harm or permanent
        disability or disfigurement to another, when the
        violation was a proximate cause of the injuries;
            (D) the person committed a violation of subsection
        (a) for a second time and has been previously convicted
        of violating Section 9-3 of the Criminal Code of 1961
        or a similar provision of a law of another state
        relating to reckless homicide in which the person was
        determined to have been under the influence of alcohol,
        other drug or drugs, or intoxicating compound or
        compounds as an element of the offense or the person
        has previously been convicted under subparagraph (C)
        or subparagraph (F) of this paragraph (1);
            (E) the person, in committing a violation of
        subsection (a) while driving at any speed in a school
        speed zone at a time when a speed limit of 20 miles per
        hour was in effect under subsection (a) of Section
        11-605 of this Code, was involved in a motor vehicle
        accident that resulted in bodily harm, other than great
        bodily harm or permanent disability or disfigurement,
        to another person, when the violation of subsection (a)
        was a proximate cause of the bodily harm;
            (F) the person, in committing a violation of
        subsection (a), was involved in a motor vehicle,
        snowmobile, all-terrain vehicle, or watercraft
        accident that resulted in the death of another person,
        when the violation of subsection (a) was a proximate
        cause of the death;
            (G) the person committed a violation of subsection
        (a) during a period in which the defendant's driving
        privileges are revoked or suspended, where the
        revocation or suspension was for a violation of
        subsection (a) or a similar provision, Section
        11-501.1, paragraph (b) of Section 11-401, or for
        reckless homicide as defined in Section 9-3 of the
        Criminal Code of 1961;
            (H) the person committed the violation while he or
        she did not possess a driver's license or permit or a
        restricted driving permit or a judicial driving permit
        or a monitoring device driving permit;
            (I) the person committed the violation while he or
        she knew or should have known that the vehicle he or
        she was driving was not covered by a liability
        insurance policy;
            (J) the person in committing a violation of
        subsection (a) was involved in a motor vehicle accident
        that resulted in bodily harm, but not great bodily
        harm, to the child under the age of 16 being
        transported by the person, if the violation was the
        proximate cause of the injury; or
            (K) the person in committing a second violation of
        subsection (a) or a similar provision was transporting
        a person under the age of 16.
        (2)(A) Except as provided otherwise, a person
    convicted of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof is guilty of a Class
    4 felony.
        (B) A third violation of this Section or a similar
    provision is a Class 2 felony. If at the time of the third
    violation the alcohol concentration in his or her blood,
    breath, or urine was 0.16 or more based on the definition
    of blood, breath, or urine units in Section 11-501.2, a
    mandatory minimum of 90 days of imprisonment and a
    mandatory minimum fine of $2,500 shall be imposed in
    addition to any other criminal or administrative sanction.
    If at the time of the third violation, the defendant was
    transporting a person under the age of 16, a mandatory fine
    of $25,000 and 25 days of community service in a program
    benefiting children shall be imposed in addition to any
    other criminal or administrative sanction.
        (C) A fourth violation of this Section or a similar
    provision is a Class 2 felony, for which a sentence of
    probation or conditional discharge may not be imposed. If
    at the time of the violation, the alcohol concentration in
    the defendant's blood, breath, or urine was 0.16 or more
    based on the definition of blood, breath, or urine units in
    Section 11-501.2, a mandatory minimum fine of $5,000 shall
    be imposed in addition to any other criminal or
    administrative sanction. If at the time of the fourth
    violation, the defendant was transporting a person under
    the age of 16 a mandatory fine of $25,000 and 25 days of
    community service in a program benefiting children shall be
    imposed in addition to any other criminal or administrative
    sanction.
        (D) A fifth violation of this Section or a similar
    provision is a Class 1 felony, for which a sentence of
    probation or conditional discharge may not be imposed. If
    at the time of the violation, the alcohol concentration in
    the defendant's blood, breath, or urine was 0.16 or more
    based on the definition of blood, breath, or urine units in
    Section 11-501.2, a mandatory minimum fine of $5,000 shall
    be imposed in addition to any other criminal or
    administrative sanction. If at the time of the fifth
    violation, the defendant was transporting a person under
    the age of 16, a mandatory fine of $25,000, and 25 days of
    community service in a program benefiting children shall be
    imposed in addition to any other criminal or administrative
    sanction.
        (E) A sixth or subsequent violation of this Section or
    similar provision is a Class X felony. If at the time of
    the violation, the alcohol concentration in the
    defendant's blood, breath, or urine was 0.16 or more based
    on the definition of blood, breath, or urine units in
    Section 11-501.2, a mandatory minimum fine of $5,000 shall
    be imposed in addition to any other criminal or
    administrative sanction. If at the time of the violation,
    the defendant was transporting a person under the age of
    16, a mandatory fine of $25,000 and 25 days of community
    service in a program benefiting children shall be imposed
    in addition to any other criminal or administrative
    sanction.
        (F) For a violation of subparagraph (C) of paragraph
    (1) of this subsection (d), the defendant, if sentenced to
    a term of imprisonment, shall be sentenced to not less than
    one year nor more than 12 years.
        (G) A violation of subparagraph (F) of paragraph (1) of
    this subsection (d) is a Class 2 felony, for which the
    defendant, unless the court determines that extraordinary
    circumstances exist and require probation, shall be
    sentenced to: (i) a term of imprisonment of not less than 3
    years and not more than 14 years if the violation resulted
    in the death of one person; or (ii) a term of imprisonment
    of not less than 6 years and not more than 28 years if the
    violation resulted in the deaths of 2 or more persons.
        (H) For a violation of subparagraph (J) of paragraph
    (1) of this subsection (d), a mandatory fine of $2,500, and
    25 days of community service in a program benefiting
    children shall be imposed in addition to any other criminal
    or administrative sanction.
        (I) A violation of subparagraph (K) of paragraph (1) of
    this subsection (d), is a Class 2 felony and a mandatory
    fine of $2,500, and 25 days of community service in a
    program benefiting children shall be imposed in addition to
    any other criminal or administrative sanction. If the child
    being transported suffered bodily harm, but not great
    bodily harm, in a motor vehicle accident, and the violation
    was the proximate cause of that injury, a mandatory fine of
    $5,000 and 25 days of community service in a program
    benefiting children shall be imposed in addition to any
    other criminal or administrative sanction.
        (J) A violation of subparagraph (D) of paragraph (1) of
    this subsection (d) is a Class 3 felony, for which a
    sentence of probation or conditional discharge may not be
    imposed.
        (3) Any person sentenced under this subsection (d) who
    receives a term of probation or conditional discharge must
    serve a minimum term of either 480 hours of community
    service or 10 days of imprisonment as a condition of the
    probation or conditional discharge in addition to any other
    criminal or administrative sanction.
    (e) Any reference to a prior violation of subsection (a) or
a similar provision includes any violation of a provision of a
local ordinance or a provision of a law of another state or an
offense committed on a military installation that is similar to
a violation of subsection (a) of this Section.
    (f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this Section
shall not be suspended or reduced by the court.
    (g) Any penalty imposed for driving with a license that has
been revoked for a previous violation of subsection (a) of this
Section shall be in addition to the penalty imposed for any
subsequent violation of subsection (a).
    (h) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114,
eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609,
eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07;
95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08;
95-778, eff. 8-4-08; 95-876, eff. 8-21-08.)
 
    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
    Sec. 11-501.2. Chemical and other tests.
    (a) Upon the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as defined
in Section 11-501 or a similar local ordinance or proceedings
pursuant to Section 2-118.1, evidence of the concentration of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood or
breath at the time alleged, as determined by analysis of the
person's blood, urine, breath or other bodily substance, shall
be admissible. Where such test is made the following provisions
shall apply:
        1. Chemical analyses of the person's blood, urine,
    breath or other bodily substance to be considered valid
    under the provisions of this Section shall have been
    performed according to standards promulgated by the
    Department of State Police by a licensed physician,
    registered nurse, trained phlebotomist acting under the
    direction of a licensed physician, certified paramedic, or
    other individual possessing a valid permit issued by that
    Department for this purpose. The Director of State Police
    is authorized to approve satisfactory techniques or
    methods, to ascertain the qualifications and competence of
    individuals to conduct such analyses, to issue permits
    which shall be subject to termination or revocation at the
    discretion of that Department and to certify the accuracy
    of breath testing equipment. The Department of State Police
    shall prescribe regulations as necessary to implement this
    Section.
        2. When a person in this State shall submit to a blood
    test at the request of a law enforcement officer under the
    provisions of Section 11-501.1, only a physician
    authorized to practice medicine, a registered nurse,
    trained phlebotomist, or certified paramedic, or other
    qualified person approved by the Department of State Police
    may withdraw blood for the purpose of determining the
    alcohol, drug, or alcohol and drug content therein. This
    limitation shall not apply to the taking of breath or urine
    specimens.
        When a blood test of a person who has been taken to an
    adjoining state for medical treatment is requested by an
    Illinois law enforcement officer, the blood may be
    withdrawn only by a physician authorized to practice
    medicine in the adjoining state, a registered nurse, a
    trained phlebotomist acting under the direction of the
    physician, or certified paramedic. The law enforcement
    officer requesting the test shall take custody of the blood
    sample, and the blood sample shall be analyzed by a
    laboratory certified by the Department of State Police for
    that purpose.
        3. The person tested may have a physician, or a
    qualified technician, chemist, registered nurse, or other
    qualified person of their own choosing administer a
    chemical test or tests in addition to any administered at
    the direction of a law enforcement officer. The failure or
    inability to obtain an additional test by a person shall
    not preclude the admission of evidence relating to the test
    or tests taken at the direction of a law enforcement
    officer.
        4. Upon the request of the person who shall submit to a
    chemical test or tests at the request of a law enforcement
    officer, full information concerning the test or tests
    shall be made available to the person or such person's
    attorney.
        5. Alcohol concentration shall mean either grams of
    alcohol per 100 milliliters of blood or grams of alcohol
    per 210 liters of breath.
    (b) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while driving or in actual physical control of a
vehicle while under the influence of alcohol, the concentration
of alcohol in the person's blood or breath at the time alleged
as shown by analysis of the person's blood, urine, breath, or
other bodily substance shall give rise to the following
presumptions:
        1. If there was at that time an alcohol concentration
    of 0.05 or less, it shall be presumed that the person was
    not under the influence of alcohol.
        2. If there was at that time an alcohol concentration
    in excess of 0.05 but less than 0.08, such facts shall not
    give rise to any presumption that the person was or was not
    under the influence of alcohol, but such fact may be
    considered with other competent evidence in determining
    whether the person was under the influence of alcohol.
        3. If there was at that time an alcohol concentration
    of 0.08 or more, it shall be presumed that the person was
    under the influence of alcohol.
        4. The foregoing provisions of this Section shall not
    be construed as limiting the introduction of any other
    relevant evidence bearing upon the question whether the
    person was under the influence of alcohol.
 
    (c) 1. If a person under arrest refuses to submit to a
chemical test under the provisions of Section 11-501.1,
evidence of refusal shall be admissible in any civil or
criminal action or proceeding arising out of acts alleged to
have been committed while the person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof was driving or in actual
physical control of a motor vehicle.
        2. Notwithstanding any ability to refuse under this
    Code to submit to these tests or any ability to revoke the
    implied consent to these tests, if a law enforcement
    officer has probable cause to believe that a motor vehicle
    driven by or in actual physical control of a person under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof has caused the death or personal injury to another,
    that person shall submit, upon the request of a law
    enforcement officer, to a chemical test or tests of his or
    her blood, breath or urine for the purpose of determining
    the alcohol content thereof or the presence of any other
    drug or combination of both.
    This provision does not affect the applicability of or
imposition of driver's license sanctions under Section
11-501.1 of this Code.
        3. For purposes of this Section, a personal injury
    includes any Type A injury as indicated on the traffic
    accident report completed by a law enforcement officer that
    requires immediate professional attention in either a
    doctor's office or a medical facility. A Type A injury
    includes severe bleeding wounds, distorted extremities,
    and injuries that require the injured party to be carried
    from the scene.
(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828,
eff. 1-1-01.)
 
    (625 ILCS 5/11-501.4)  (from Ch. 95 1/2, par. 11-501.4)
    Sec. 11-501.4. Admissibility of chemical tests of blood or
urine conducted in the regular course of providing emergency
medical treatment.
    (a) Notwithstanding any other provision of law, the results
of blood or urine tests performed for the purpose of
determining the content of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof, of an individual's blood or urine conducted upon
persons receiving medical treatment in a hospital emergency
room are admissible in evidence as a business record exception
to the hearsay rule only in prosecutions for any violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, or in prosecutions for reckless homicide brought
under the Criminal Code of 1961, when each of the following
criteria are met:
        (1) the chemical tests performed upon an individual's
    blood or urine were ordered in the regular course of
    providing emergency medical treatment and not at the
    request of law enforcement authorities;
        (2) the chemical tests performed upon an individual's
    blood or urine were performed by the laboratory routinely
    used by the hospital; and
        (3) results of chemical tests performed upon an
    individual's blood or urine are admissible into evidence
    regardless of the time that the records were prepared.
    (b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to chemical tests performed upon an individual's
blood or urine under the provisions of this Section in
prosecutions as specified in subsection (a) of this Section. No
person shall be liable for civil damages as a result of the
evidentiary use of chemical testing of an individual's blood or
urine test results under this Section, or as a result of that
person's testimony made available under this Section.
(Source: P.A. 90-779, eff. 1-1-99.)
 
    Section 10. The Snowmobile Registration and Safety Act is
amended by changing Section 5-7.4 as follows:
 
    (625 ILCS 40/5-7.4)
    Sec. 5-7.4. Admissibility of chemical tests of blood or
urine conducted in the regular course of providing emergency
medical treatment.
    (a) Notwithstanding any other provision of law, the results
of blood or urine tests performed for the purpose of
determining the content of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination of them
in an individual's blood or urine conducted upon persons
receiving medical treatment in a hospital emergency room, are
admissible in evidence as a business record exception to the
hearsay rule only in prosecutions for a violation of Section
5-7 of this Act or a similar provision of a local ordinance or
in prosecutions for reckless homicide brought under the
Criminal Code of 1961.
    The results of the tests are admissible only when each of
the following criteria are met:
        1. The chemical tests performed upon an individual's
    blood or urine were ordered in the regular course of
    providing emergency treatment and not at the request of law
    enforcement authorities; and
        2. The chemical tests performed upon an individual's
    blood or urine were performed by the laboratory routinely
    used by the hospital.
        3. (Blank).
    Results of chemical tests performed upon an individual's
blood or urine are admissible into evidence regardless of the
time that the records were prepared.
    (b) The confidentiality provisions of law pertaining to
medical records and medical treatment are not applicable with
regard to chemical tests performed upon a person's blood or
urine under the provisions of this Section in prosecutions as
specified in subsection (a) of this Section. No person shall be
liable for civil damages as a result of the evidentiary use of
the results of chemical testing of the individual's blood or
urine under this Section or as a result of that person's
testimony made available under this Section.
(Source: P.A. 93-156, eff. 1-1-04.)
 
    Section 15. The Boat Registration and Safety Act is amended
by changing Section 5-16a as follows:
 
    (625 ILCS 45/5-16a)  (from Ch. 95 1/2, par. 315-11a)
    Sec. 5-16a. Admissibility of chemical tests of blood or
urine conducted in the regular course of providing emergency
medical treatment.
    (a) Notwithstanding any other provision of law, the written
results of blood or urine alcohol tests conducted upon persons
receiving medical treatment in a hospital emergency room are
admissible in evidence as a business record exception to the
hearsay rule only in prosecutions for any violation of Section
5-16 of this Act or a similar provision of a local ordinance or
in prosecutions for reckless homicide brought under the
Criminal Code of 1961, when:
        (1) the chemical tests performed upon an individual's
    blood or urine were ordered in the regular course of
    providing emergency treatment and not at the request of law
    enforcement authorities; and
        (2) the chemical tests performed upon an individual's
    blood or urine were performed by the laboratory routinely
    used by the hospital.
    Results of chemical tests performed upon an individual's
blood or urine are admissible into evidence regardless of the
time that the records were prepared.
    (b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to chemical tests performed upon an individual's
blood or urine under the provisions of this Section in
prosecutions as specified in subsection (a) of this Section. No
person shall be liable for civil damages as a result of the
evidentiary use of the results of chemical testing of an
individual's blood or urine under this Section or as a result
of that person's testimony made available under this Section.
(Source: P.A. 93-156, eff. 1-1-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    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
    625 ILCS 5/11-501.4 from Ch. 95 1/2, par. 11-501.4
    625 ILCS 40/5-7.4
    625 ILCS 45/5-16a from Ch. 95 1/2, par. 315-11a