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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 11-501.1 as follows:
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6 | (625 ILCS 5/11-501.1)
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7 | Sec. 11-501.1. Suspension of drivers license; statutory | |||||||||||||||||||
8 | summary
alcohol, other drug or drugs, or intoxicating compound | |||||||||||||||||||
9 | or
compounds related suspension or revocation; implied | |||||||||||||||||||
10 | consent. | |||||||||||||||||||
11 | (a) Any person who drives or is in actual physical control | |||||||||||||||||||
12 | of a motor
vehicle upon the public highways of this State shall | |||||||||||||||||||
13 | be deemed to have given
consent, subject to the provisions of | |||||||||||||||||||
14 | Section 11-501.2, to a chemical test or
tests of blood, breath, | |||||||||||||||||||
15 | saliva, or urine for the purpose of determining the content of
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16 | alcohol, other drug or drugs, or intoxicating compound or | |||||||||||||||||||
17 | compounds or
any combination thereof in the person's blood if | |||||||||||||||||||
18 | arrested,
as evidenced by the issuance of a Uniform Traffic | |||||||||||||||||||
19 | Ticket, for any offense
as defined in Section 11-501 or a | |||||||||||||||||||
20 | similar provision of a local ordinance, or if arrested for | |||||||||||||||||||
21 | violating Section 11-401.
If a law enforcement officer has | |||||||||||||||||||
22 | probable cause to believe the person was under the influence of | |||||||||||||||||||
23 | alcohol, other drug or drugs, intoxicating compound or |
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1 | compounds, or any combination thereof, the law enforcement | ||||||
2 | officer shall request a chemical test or tests which shall be | ||||||
3 | administered at the direction of the arresting
officer. The law | ||||||
4 | enforcement agency employing the officer shall designate which
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5 | of the aforesaid tests shall be administered. A urine test may | ||||||
6 | be administered
even after a blood or breath test or both has
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7 | been administered. For purposes of this Section, an Illinois | ||||||
8 | law
enforcement officer of this State who is investigating the | ||||||
9 | person for any
offense defined in Section 11-501 may travel | ||||||
10 | into an adjoining state, where
the person has been transported | ||||||
11 | for medical care, to complete an
investigation and to request | ||||||
12 | that the person submit to the test or tests
set forth in this | ||||||
13 | Section. The requirements of this Section that the
person be | ||||||
14 | arrested are inapplicable, but the officer shall issue the | ||||||
15 | person
a Uniform Traffic Ticket for an offense as defined in | ||||||
16 | Section 11-501 or a
similar provision of a local ordinance | ||||||
17 | prior to requesting that the person
submit to the test or | ||||||
18 | tests. The issuance of the Uniform Traffic Ticket
shall not | ||||||
19 | constitute an arrest, but shall be for the purpose of notifying
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20 | the person that he or she is subject to the provisions of this | ||||||
21 | Section and
of the officer's belief of the existence of | ||||||
22 | probable cause to
arrest. Upon returning to this State, the | ||||||
23 | officer shall file the Uniform
Traffic Ticket with the Circuit | ||||||
24 | Clerk of the county where the offense was
committed, and shall | ||||||
25 | seek the issuance of an arrest warrant or a summons
for the | ||||||
26 | person. |
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1 | (b) Any person who is dead, unconscious, or who is | ||||||
2 | otherwise in a condition
rendering the person incapable of | ||||||
3 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
4 | provided by paragraph (a) of this Section and the test or
tests | ||||||
5 | may be administered, subject to the provisions of Section | ||||||
6 | 11-501.2. | ||||||
7 | (c) A person requested to submit to a test as provided | ||||||
8 | above shall
be warned by the law enforcement officer requesting | ||||||
9 | the test that a
refusal to submit to the test will result in | ||||||
10 | the statutory summary
suspension of the person's privilege to | ||||||
11 | operate a motor vehicle, as provided
in Section 6-208.1 of this | ||||||
12 | Code, and will also result in the disqualification of the | ||||||
13 | person's privilege to operate a commercial motor vehicle, as | ||||||
14 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
15 | holder. The person shall also be warned that a refusal to | ||||||
16 | submit to the test, when the person was involved in a motor | ||||||
17 | vehicle accident that caused personal injury or death to | ||||||
18 | another, will result in the statutory summary revocation of the | ||||||
19 | person's privilege to operate a motor vehicle, as provided in | ||||||
20 | Section 6-208.1, and will also result in the disqualification | ||||||
21 | of the person's privilege to operate a commercial motor | ||||||
22 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
23 | person is a CDL holder. The person shall also be warned by the | ||||||
24 | law
enforcement officer that if the person submits to the test | ||||||
25 | or tests
provided in paragraph (a) of this Section and the | ||||||
26 | alcohol concentration in
the person's blood or breath is 0.08 |
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1 | or greater, or any amount of
a
drug, substance, or compound | ||||||
2 | resulting from the unlawful use or consumption
of cannabis as | ||||||
3 | covered by the Cannabis Control Act, a controlled
substance
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4 | listed in the Illinois Controlled Substances Act, an | ||||||
5 | intoxicating compound
listed in the Use of Intoxicating | ||||||
6 | Compounds Act, or methamphetamine as listed in the | ||||||
7 | Methamphetamine Control and Community Protection Act is | ||||||
8 | detected in the person's
blood , saliva, or urine, a statutory | ||||||
9 | summary suspension of the person's privilege to
operate a motor | ||||||
10 | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
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11 | Code, and a disqualification of
the person's privilege to | ||||||
12 | operate a commercial motor vehicle, as provided in Section | ||||||
13 | 6-514 of this Code, if the person is a CDL holder, will be | ||||||
14 | imposed. | ||||||
15 | A person who is under the age of 21 at the time the person | ||||||
16 | is requested to
submit to a test as provided above shall, in | ||||||
17 | addition to the warnings provided
for in this Section, be | ||||||
18 | further warned by the law enforcement officer
requesting the | ||||||
19 | test that if the person submits to the test or tests provided | ||||||
20 | in
paragraph (a) of this Section and the alcohol concentration | ||||||
21 | in the person's
blood or breath is greater than 0.00 and less | ||||||
22 | than 0.08, a
suspension of the
person's privilege to operate a | ||||||
23 | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | ||||||
24 | of this Code, will be imposed. The results of this test
shall | ||||||
25 | be admissible in a civil or criminal action or proceeding | ||||||
26 | arising from an
arrest for an offense as defined in Section |
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1 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
2 | or pursuant to Section 11-501.4 in prosecutions
for reckless | ||||||
3 | homicide brought under the Criminal Code of 1961. These test
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4 | results, however, shall be admissible only in actions or | ||||||
5 | proceedings directly
related to the incident upon which the | ||||||
6 | test request was made. | ||||||
7 | (d) If the person refuses testing or submits to a test that | ||||||
8 | discloses
an alcohol concentration of 0.08 or more, or any | ||||||
9 | amount of a drug,
substance, or intoxicating compound in the | ||||||
10 | person's breath, blood,
saliva, or urine resulting from the
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11 | unlawful use or consumption of cannabis listed in the Cannabis | ||||||
12 | Control Act, a controlled substance listed in the Illinois | ||||||
13 | Controlled Substances
Act, an intoxicating compound listed in | ||||||
14 | the Use of Intoxicating Compounds
Act, or methamphetamine as | ||||||
15 | listed in the Methamphetamine Control and Community Protection | ||||||
16 | Act, the law enforcement officer shall immediately submit a | ||||||
17 | sworn report to
the
circuit court of venue and the Secretary of | ||||||
18 | State, certifying that the test or
tests was or were requested | ||||||
19 | under paragraph (a) and the person refused to
submit to a test, | ||||||
20 | or tests, or submitted to testing that disclosed an alcohol
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21 | concentration of 0.08 or more. | ||||||
22 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
23 | officer
submitted under paragraph (d), the Secretary of State | ||||||
24 | shall enter the
statutory summary suspension or revocation and | ||||||
25 | disqualification for the periods specified in Sections
6-208.1 | ||||||
26 | and 6-514, respectively,
and effective as provided in paragraph |
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1 | (g). | ||||||
2 | If the person is a first offender as defined in Section | ||||||
3 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
4 | Section 11-501
of this Code or a similar provision of a local | ||||||
5 | ordinance, then reports
received by the Secretary of State | ||||||
6 | under this Section shall, except during
the actual time the | ||||||
7 | Statutory Summary Suspension is in effect, be
privileged | ||||||
8 | information and for use only by the courts, police officers,
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9 | prosecuting authorities or the Secretary of State, unless the | ||||||
10 | person is a CDL holder, is operating a commercial motor vehicle | ||||||
11 | or vehicle required to be placarded for hazardous materials, in | ||||||
12 | which case the suspension shall not be privileged. Reports | ||||||
13 | received by the Secretary of State under this Section shall | ||||||
14 | also be made available to the parent or guardian of a person | ||||||
15 | under the age of 18 years that holds an instruction permit or a | ||||||
16 | graduated driver's license, regardless of whether the | ||||||
17 | statutory summary suspension is in effect. A statutory summary | ||||||
18 | revocation shall not be privileged information. | ||||||
19 | (f) The law enforcement officer submitting the sworn report | ||||||
20 | under paragraph
(d) shall serve immediate notice of the | ||||||
21 | statutory summary suspension or revocation on the
person and | ||||||
22 | the suspension or revocation and disqualification shall be | ||||||
23 | effective as provided in paragraph (g). In
cases where the | ||||||
24 | blood alcohol concentration of 0.08 or greater or
any amount of
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25 | a drug, substance, or compound resulting from the unlawful use | ||||||
26 | or consumption
of cannabis as covered by the Cannabis Control |
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1 | Act, a controlled
substance
listed in the Illinois Controlled | ||||||
2 | Substances Act,
an intoxicating compound
listed in the Use of | ||||||
3 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
4 | Methamphetamine Control and Community Protection Act is | ||||||
5 | established by a
subsequent
analysis of blood , saliva, or urine | ||||||
6 | collected at the time of arrest, the arresting
officer or | ||||||
7 | arresting agency shall give notice as provided in this Section | ||||||
8 | or by
deposit in the United States mail of the notice in an | ||||||
9 | envelope with postage
prepaid and addressed to the person at | ||||||
10 | his address as shown on the Uniform
Traffic Ticket and the | ||||||
11 | statutory summary suspension and disqualification shall begin | ||||||
12 | as provided in
paragraph (g). The officer shall confiscate any | ||||||
13 | Illinois driver's license or
permit on the person at the time | ||||||
14 | of arrest. If the person has a valid driver's
license or | ||||||
15 | permit, the officer shall issue the person a receipt, in
a form | ||||||
16 | prescribed by the Secretary of State, that will allow that | ||||||
17 | person
to drive during the periods provided for in paragraph | ||||||
18 | (g). The officer
shall immediately forward the driver's license | ||||||
19 | or permit to the circuit
court of venue along with the sworn | ||||||
20 | report provided for in
paragraph (d). | ||||||
21 | (g) The statutory summary suspension or revocation and | ||||||
22 | disqualification
referred to in this Section shall
take effect | ||||||
23 | on the 46th day following the date the notice of the statutory
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24 | summary suspension or revocation was given to the person. | ||||||
25 | (h) The following procedure shall apply
whenever a person | ||||||
26 | is arrested for any offense as defined in Section 11-501
or a |
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1 | similar provision of a local ordinance: | ||||||
2 | Upon receipt of the sworn report from the law enforcement | ||||||
3 | officer,
the Secretary of State shall confirm the statutory | ||||||
4 | summary suspension or revocation by
mailing a notice of the | ||||||
5 | effective date of the suspension or revocation to the person | ||||||
6 | and
the court of venue. The Secretary of State shall also mail | ||||||
7 | notice of the effective date of the disqualification to the | ||||||
8 | person. However, should the sworn report be defective by not
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9 | containing sufficient information or be completed in error, the
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10 | confirmation of the statutory summary suspension or revocation | ||||||
11 | shall not be mailed to the
person or entered to the record; | ||||||
12 | instead, the sworn report shall
be
forwarded to the court of | ||||||
13 | venue with a copy returned to the issuing agency
identifying | ||||||
14 | any defect. | ||||||
15 | (i) As used in this Section, "personal injury" includes any | ||||||
16 | Type A injury as indicated on the traffic accident report | ||||||
17 | completed by a law enforcement officer that requires immediate | ||||||
18 | professional attention in either a doctor's office or a medical | ||||||
19 | facility. A Type A injury includes severely bleeding wounds, | ||||||
20 | distorted extremities, and injuries that require the injured | ||||||
21 | party to be carried from the scene. | ||||||
22 | (Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; | ||||||
23 | 97-333, eff. 8-12-11; 97-471, eff. 8-22-11.)
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