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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,
| ||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||||||||||||
5 | Sections 11-500, 11-501.1, 11-501.2, 11-501.4, 11-501.4-1, and | ||||||||||||||||||||||||||||||||||
6 | 11-501.6 as follows: | ||||||||||||||||||||||||||||||||||
7 | (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
| ||||||||||||||||||||||||||||||||||
8 | Sec. 11-500. Definitions. | ||||||||||||||||||||||||||||||||||
9 | For the purposes of this Article, "controlled substance | ||||||||||||||||||||||||||||||||||
10 | analog" has the meaning as defined in Sections 102, 401, and | ||||||||||||||||||||||||||||||||||
11 | 402 of the Illinois Controlled Substances Act. | ||||||||||||||||||||||||||||||||||
12 | For the purposes of this Article, "drug" includes, but is | ||||||||||||||||||||||||||||||||||
13 | not limited to, synthetic drugs enumerated under Section 204 of | ||||||||||||||||||||||||||||||||||
14 | the Illinois Controlled Substances Act and controlled | ||||||||||||||||||||||||||||||||||
15 | substance analogs. | ||||||||||||||||||||||||||||||||||
16 | For the purposes of interpreting Sections
6-206.1 and | ||||||||||||||||||||||||||||||||||
17 | 6-208.1 of this Code, "first offender" shall mean any person
| ||||||||||||||||||||||||||||||||||
18 | who has not had a previous conviction or court assigned | ||||||||||||||||||||||||||||||||||
19 | supervision for
violating Section 11-501, or a similar | ||||||||||||||||||||||||||||||||||
20 | provision of a local ordinance,
or a conviction in any other | ||||||||||||||||||||||||||||||||||
21 | state for a violation of driving while under
the influence or a | ||||||||||||||||||||||||||||||||||
22 | similar offense where the cause of action is the same
or | ||||||||||||||||||||||||||||||||||
23 | substantially similar to this Code or similar offenses |
| |||||||
| |||||||
1 | committed on a military installation, or any person who has not | ||||||
2 | had a driver's license suspension pursuant to paragraph 6 of | ||||||
3 | subsection (a) of Section 6-206 as the result of refusal of | ||||||
4 | chemical testing in another state, or any
person who has not | ||||||
5 | had a driver's license
suspension or revocation for violating | ||||||
6 | Section 11-501.1 within 5 years prior to the date of
the
| ||||||
7 | current offense, except in cases where the driver submitted to
| ||||||
8 | chemical testing resulting in an alcohol concentration of 0.08 | ||||||
9 | or
more,
or any amount of a drug, substance, or compound in | ||||||
10 | such person's blood or
urine resulting from the unlawful use or | ||||||
11 | consumption of cannabis listed in
the Cannabis Control Act, a | ||||||
12 | controlled substance listed in the
Illinois
Controlled | ||||||
13 | Substances Act, or an intoxicating compound listed in the Use
| ||||||
14 | of
Intoxicating Compounds Act, or methamphetamine as listed in | ||||||
15 | the Methamphetamine Control and Community Protection Act and
| ||||||
16 | was subsequently found not guilty of violating Section 11-501, | ||||||
17 | or a similar
provision of a local ordinance. | ||||||
18 | (Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09; | ||||||
19 | 96-1344, eff. 7-1-11 .)
| ||||||
20 | (625 ILCS 5/11-501.1)
| ||||||
21 | Sec. 11-501.1. Suspension of drivers license; statutory | ||||||
22 | summary
alcohol, other drug or drugs, or intoxicating compound | ||||||
23 | or
compounds related suspension or revocation; implied | ||||||
24 | consent. | ||||||
25 | (a) Any person who drives or is in actual physical control |
| |||||||
| |||||||
1 | of a motor
vehicle upon the public highways of this State shall | ||||||
2 | be deemed to have given
consent, subject to the provisions of | ||||||
3 | Section 11-501.2, to a chemical test or
tests of blood, breath, | ||||||
4 | or urine for the purpose of determining the content of
alcohol, | ||||||
5 | other drug or drugs including but not limited to synthetic | ||||||
6 | drugs enumerated under Section 204 of the Illinois Controlled | ||||||
7 | Substances Act and controlled substance analogs , or | ||||||
8 | intoxicating compound or compounds or
any combination thereof | ||||||
9 | in the person's blood if arrested,
as evidenced by the issuance | ||||||
10 | of a Uniform Traffic Ticket, for any offense
as defined in | ||||||
11 | Section 11-501 or a similar provision of a local ordinance, or | ||||||
12 | if arrested for violating Section 11-401.
If a law enforcement | ||||||
13 | officer has probable cause to believe the person was under the | ||||||
14 | influence of alcohol, other drug or drugs including but not | ||||||
15 | limited to synthetic drugs enumerated under Section 204 of the | ||||||
16 | Illinois Controlled Substances Act and controlled substance | ||||||
17 | analogs , intoxicating compound or compounds, or any | ||||||
18 | combination thereof, the law enforcement officer shall request | ||||||
19 | a chemical test or tests which shall be administered at the | ||||||
20 | direction of the arresting
officer. The law enforcement agency | ||||||
21 | employing the officer shall designate which
of the aforesaid | ||||||
22 | tests shall be administered. A urine test may be administered
| ||||||
23 | even after a blood or breath test or both has
been | ||||||
24 | administered. For purposes of this Section, an Illinois law
| ||||||
25 | enforcement officer of this State who is investigating the | ||||||
26 | person for any
offense defined in Section 11-501 may travel |
| |||||||
| |||||||
1 | into an adjoining state, where
the person has been transported | ||||||
2 | for medical care, to complete an
investigation and to request | ||||||
3 | that the person submit to the test or tests
set forth in this | ||||||
4 | Section. The requirements of this Section that the
person be | ||||||
5 | arrested are inapplicable, but the officer shall issue the | ||||||
6 | person
a Uniform Traffic Ticket for an offense as defined in | ||||||
7 | Section 11-501 or a
similar provision of a local ordinance | ||||||
8 | prior to requesting that the person
submit to the test or | ||||||
9 | tests. The issuance of the Uniform Traffic Ticket
shall not | ||||||
10 | constitute an arrest, but shall be for the purpose of notifying
| ||||||
11 | the person that he or she is subject to the provisions of this | ||||||
12 | Section and
of the officer's belief of the existence of | ||||||
13 | probable cause to
arrest. Upon returning to this State, the | ||||||
14 | officer shall file the Uniform
Traffic Ticket with the Circuit | ||||||
15 | Clerk of the county where the offense was
committed, and shall | ||||||
16 | seek the issuance of an arrest warrant or a summons
for the | ||||||
17 | person. | ||||||
18 | (a-5) (Blank). | ||||||
19 | (b) Any person who is dead, unconscious, or who is | ||||||
20 | otherwise in a condition
rendering the person incapable of | ||||||
21 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
22 | provided by paragraph (a) of this Section and the test or
tests | ||||||
23 | may be administered, subject to the provisions of Section | ||||||
24 | 11-501.2. | ||||||
25 | (c) A person requested to submit to a test as provided | ||||||
26 | above shall
be warned by the law enforcement officer requesting |
| |||||||
| |||||||
1 | the test that a
refusal to submit to the test will result in | ||||||
2 | the statutory summary
suspension of the person's privilege to | ||||||
3 | operate a motor vehicle, as provided
in Section 6-208.1 of this | ||||||
4 | Code, and will also result in the disqualification of the | ||||||
5 | person's privilege to operate a commercial motor vehicle, as | ||||||
6 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
7 | holder. The person shall also be warned that a refusal to | ||||||
8 | submit to the test, when the person was involved in a motor | ||||||
9 | vehicle accident that caused personal injury or death to | ||||||
10 | another, will result in the statutory summary revocation of the | ||||||
11 | person's privilege to operate a motor vehicle, as provided in | ||||||
12 | Section 6-208.1, and will also result in the disqualification | ||||||
13 | of the person's privilege to operate a commercial motor | ||||||
14 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
15 | person is a CDL holder. The person shall also be warned by the | ||||||
16 | law
enforcement officer that if the person submits to the test | ||||||
17 | or tests
provided in paragraph (a) of this Section and the | ||||||
18 | alcohol concentration in
the person's blood or breath is 0.08 | ||||||
19 | or greater, or any amount of
a
drug, substance, or compound | ||||||
20 | resulting from the unlawful use or consumption
of cannabis as | ||||||
21 | covered by the Cannabis Control Act, a controlled
substance
| ||||||
22 | listed in the Illinois Controlled Substances Act, an | ||||||
23 | intoxicating compound
listed in the Use of Intoxicating | ||||||
24 | Compounds Act, or methamphetamine as listed in the | ||||||
25 | Methamphetamine Control and Community Protection Act is | ||||||
26 | detected in the person's
blood or urine, a statutory summary |
| |||||||
| |||||||
1 | suspension of the person's privilege to
operate a motor | ||||||
2 | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||||||
3 | Code, and a disqualification of
the person's privilege to | ||||||
4 | operate a commercial motor vehicle, as provided in Section | ||||||
5 | 6-514 of this Code, if the person is a CDL holder, will be | ||||||
6 | imposed. | ||||||
7 | A person who is under the age of 21 at the time the person | ||||||
8 | is requested to
submit to a test as provided above shall, in | ||||||
9 | addition to the warnings provided
for in this Section, be | ||||||
10 | further warned by the law enforcement officer
requesting the | ||||||
11 | test that if the person submits to the test or tests provided | ||||||
12 | in
paragraph (a) of this Section and the alcohol concentration | ||||||
13 | in the person's
blood or breath is greater than 0.00 and less | ||||||
14 | than 0.08, a
suspension of the
person's privilege to operate a | ||||||
15 | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | ||||||
16 | of this Code, will be imposed. The results of this test
shall | ||||||
17 | be admissible in a civil or criminal action or proceeding | ||||||
18 | arising from an
arrest for an offense as defined in Section | ||||||
19 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
20 | or pursuant to Section 11-501.4 in prosecutions
for reckless | ||||||
21 | homicide brought under the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012. These test
results, however, shall be | ||||||
23 | admissible only in actions or proceedings directly
related to | ||||||
24 | the incident upon which the test request was made. | ||||||
25 | (d) If the person refuses testing or submits to a test that | ||||||
26 | discloses
an alcohol concentration of 0.08 or more, or any |
| |||||||
| |||||||
1 | amount of a drug,
substance, or intoxicating compound in the | ||||||
2 | person's breath, blood,
or urine resulting from the
unlawful | ||||||
3 | use or consumption of cannabis listed in the Cannabis Control | ||||||
4 | Act, a controlled substance listed in the Illinois Controlled | ||||||
5 | Substances
Act, an intoxicating compound listed in the Use of | ||||||
6 | Intoxicating Compounds
Act, or methamphetamine as listed in the | ||||||
7 | Methamphetamine Control and Community Protection Act, the law | ||||||
8 | enforcement officer shall immediately submit a sworn report to
| ||||||
9 | the
circuit court of venue and the Secretary of State, | ||||||
10 | certifying that the test or
tests was or were requested under | ||||||
11 | paragraph (a) and the person refused to
submit to a test, or | ||||||
12 | tests, or submitted to testing that disclosed an alcohol
| ||||||
13 | concentration of 0.08 or more. | ||||||
14 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
15 | officer
submitted under paragraph (d), the Secretary of State | ||||||
16 | shall enter the
statutory summary suspension or revocation and | ||||||
17 | disqualification for the periods specified in Sections
6-208.1 | ||||||
18 | and 6-514, respectively,
and effective as provided in paragraph | ||||||
19 | (g). | ||||||
20 | If the person is a first offender as defined in Section | ||||||
21 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
22 | Section 11-501
of this Code or a similar provision of a local | ||||||
23 | ordinance, then reports
received by the Secretary of State | ||||||
24 | under this Section shall, except during
the actual time the | ||||||
25 | Statutory Summary Suspension is in effect, be
privileged | ||||||
26 | information and for use only by the courts, police officers,
|
| |||||||
| |||||||
1 | prosecuting authorities or the Secretary of State, unless the | ||||||
2 | person is a CDL holder, is operating a commercial motor vehicle | ||||||
3 | or vehicle required to be placarded for hazardous materials, in | ||||||
4 | which case the suspension shall not be privileged. Reports | ||||||
5 | received by the Secretary of State under this Section shall | ||||||
6 | also be made available to the parent or guardian of a person | ||||||
7 | under the age of 18 years that holds an instruction permit or a | ||||||
8 | graduated driver's license, regardless of whether the | ||||||
9 | statutory summary suspension is in effect. A statutory summary | ||||||
10 | revocation shall not be privileged information. | ||||||
11 | (f) The law enforcement officer submitting the sworn report | ||||||
12 | under paragraph
(d) shall serve immediate notice of the | ||||||
13 | statutory summary suspension or revocation on the
person and | ||||||
14 | the suspension or revocation and disqualification shall be | ||||||
15 | effective as provided in paragraph (g). | ||||||
16 | (1) In
cases where the blood alcohol concentration of | ||||||
17 | 0.08 or greater or
any amount of
a drug, substance, or | ||||||
18 | compound resulting from the unlawful use or consumption
of | ||||||
19 | cannabis as covered by the Cannabis Control Act, a | ||||||
20 | controlled
substance
listed in the Illinois Controlled | ||||||
21 | Substances Act,
an intoxicating compound
listed in the Use | ||||||
22 | of Intoxicating Compounds Act, or methamphetamine as | ||||||
23 | listed in the Methamphetamine Control and Community | ||||||
24 | Protection Act is established by a
subsequent
analysis of | ||||||
25 | blood or urine collected at the time of arrest, the | ||||||
26 | arresting
officer or arresting agency shall give notice as |
| |||||||
| |||||||
1 | provided in this Section or by
deposit in the United States | ||||||
2 | mail of the notice in an envelope with postage
prepaid and | ||||||
3 | addressed to the person at his address as shown on the | ||||||
4 | Uniform
Traffic Ticket and the statutory summary | ||||||
5 | suspension and disqualification shall begin as provided in
| ||||||
6 | paragraph (g). The officer shall confiscate any Illinois | ||||||
7 | driver's license or
permit on the person at the time of | ||||||
8 | arrest. If the person has a valid driver's
license or | ||||||
9 | permit, the officer shall issue the person a receipt, in
a | ||||||
10 | form prescribed by the Secretary of State, that will allow | ||||||
11 | that person
to drive during the periods provided for in | ||||||
12 | paragraph (g). The officer
shall immediately forward the | ||||||
13 | driver's license or permit to the circuit
court of venue | ||||||
14 | along with the sworn report provided for in
paragraph (d). | ||||||
15 | (2) (Blank). | ||||||
16 | (g) The statutory summary suspension or revocation and | ||||||
17 | disqualification
referred to in this Section shall
take effect | ||||||
18 | on the 46th day following the date the notice of the statutory
| ||||||
19 | summary suspension or revocation was given to the person. | ||||||
20 | (h) The following procedure shall apply
whenever a person | ||||||
21 | is arrested for any offense as defined in Section 11-501
or a | ||||||
22 | similar provision of a local ordinance: | ||||||
23 | Upon receipt of the sworn report from the law enforcement | ||||||
24 | officer,
the Secretary of State shall confirm the statutory | ||||||
25 | summary suspension or revocation by
mailing a notice of the | ||||||
26 | effective date of the suspension or revocation to the person |
| |||||||
| |||||||
1 | and
the court of venue. The Secretary of State shall also mail | ||||||
2 | notice of the effective date of the disqualification to the | ||||||
3 | person. However, should the sworn report be defective by not
| ||||||
4 | containing sufficient information or be completed in error, the
| ||||||
5 | confirmation of the statutory summary suspension or revocation | ||||||
6 | shall not be mailed to the
person or entered to the record; | ||||||
7 | instead, the sworn report shall
be
forwarded to the court of | ||||||
8 | venue with a copy returned to the issuing agency
identifying | ||||||
9 | any defect. | ||||||
10 | (i) As used in this Section, "personal injury" includes any | ||||||
11 | Type A injury as indicated on the traffic accident report | ||||||
12 | completed by a law enforcement officer that requires immediate | ||||||
13 | professional attention in either a doctor's office or a medical | ||||||
14 | facility. A Type A injury includes severely bleeding wounds, | ||||||
15 | distorted extremities, and injuries that require the injured | ||||||
16 | party to be carried from the scene. | ||||||
17 | (Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; | ||||||
18 | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff. | ||||||
19 | 1-12-15.)
| ||||||
20 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||||||
21 | Sec. 11-501.2. Chemical and other tests.
| ||||||
22 | (a) Upon the trial of any civil or criminal action or | ||||||
23 | proceeding arising out
of an arrest for an offense as defined | ||||||
24 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
25 | pursuant to Section 2-118.1, evidence of the
concentration of |
| |||||||
| |||||||
1 | alcohol, other drug or drugs including but not limited to | ||||||
2 | synthetic drugs enumerated under Section 204 of the Illinois | ||||||
3 | Controlled Substances Act and controlled substance analogs , or | ||||||
4 | intoxicating compound or
compounds, or any combination thereof | ||||||
5 | in a person's blood
or breath at the time alleged, as | ||||||
6 | determined by analysis of the person's blood,
urine, breath or | ||||||
7 | other bodily substance, shall be admissible. Where such test
is | ||||||
8 | made the following provisions shall apply:
| ||||||
9 | 1. Chemical analyses of the person's blood, urine, | ||||||
10 | breath or other bodily
substance to be considered valid | ||||||
11 | under the provisions of this Section shall
have been | ||||||
12 | performed according to standards promulgated by the | ||||||
13 | Department of State Police
by
a licensed physician, | ||||||
14 | registered nurse, trained phlebotomist, licensed | ||||||
15 | paramedic, or other individual
possessing a valid permit | ||||||
16 | issued by that Department for
this purpose. The Director of | ||||||
17 | State Police is authorized to approve satisfactory
| ||||||
18 | techniques or methods, to ascertain the qualifications and | ||||||
19 | competence of
individuals to conduct such analyses, to | ||||||
20 | issue permits which shall be subject
to termination or | ||||||
21 | revocation at the discretion of that Department and to
| ||||||
22 | certify the accuracy of breath testing equipment. The | ||||||
23 | Department
of
State Police shall prescribe regulations as | ||||||
24 | necessary to
implement this
Section.
| ||||||
25 | 2. When a person in this State shall submit to a blood | ||||||
26 | test at the request
of a law enforcement officer under the |
| |||||||
| |||||||
1 | provisions of Section 11-501.1, only a
physician | ||||||
2 | authorized to practice medicine, a licensed physician | ||||||
3 | assistant, a licensed advanced practice nurse, a | ||||||
4 | registered nurse, trained
phlebotomist, or licensed | ||||||
5 | paramedic, or other
qualified person approved by the | ||||||
6 | Department of State Police may withdraw blood
for the | ||||||
7 | purpose of determining the alcohol, drug, or alcohol and | ||||||
8 | drug content
therein. This limitation shall not apply to | ||||||
9 | the taking of breath or urine
specimens.
| ||||||
10 | When a blood test of a person who has been taken to an | ||||||
11 | adjoining state
for medical treatment is requested by an | ||||||
12 | Illinois law enforcement officer,
the blood may be | ||||||
13 | withdrawn only by a physician authorized to practice
| ||||||
14 | medicine in the adjoining state, a licensed physician | ||||||
15 | assistant, a licensed advanced practice nurse, a | ||||||
16 | registered nurse, a trained
phlebotomist acting under the | ||||||
17 | direction of the physician, or licensed
paramedic. The law
| ||||||
18 | enforcement officer requesting the test shall take custody | ||||||
19 | of the blood
sample, and the blood sample shall be analyzed | ||||||
20 | by a laboratory certified by the
Department of State Police | ||||||
21 | for that purpose.
| ||||||
22 | 3. The person tested may have a physician, or a | ||||||
23 | qualified technician,
chemist, registered nurse, or other | ||||||
24 | qualified person of their own choosing
administer a | ||||||
25 | chemical test or tests in addition to any administered at | ||||||
26 | the
direction of a law enforcement officer. The failure or |
| |||||||
| |||||||
1 | inability to obtain
an additional test by a person shall | ||||||
2 | not preclude the admission of evidence
relating to the test | ||||||
3 | or tests taken at the direction of a law enforcement
| ||||||
4 | officer.
| ||||||
5 | 4. Upon the request of the person who shall submit to a | ||||||
6 | chemical test
or tests at the request of a law enforcement | ||||||
7 | officer, full information
concerning the test or tests | ||||||
8 | shall be made available to the person or such
person's | ||||||
9 | attorney.
| ||||||
10 | 5. Alcohol concentration shall mean either grams of | ||||||
11 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
12 | per 210 liters of breath.
| ||||||
13 | (a-5) Law enforcement officials may use standardized field | ||||||
14 | sobriety tests approved by the National Highway Traffic Safety | ||||||
15 | Administration when conducting investigations of a violation | ||||||
16 | of Section 11-501 or similar local ordinance by drivers | ||||||
17 | suspected of driving under the influence of cannabis. The | ||||||
18 | General Assembly finds that standardized field sobriety tests | ||||||
19 | approved by the National Highway Traffic Safety Administration | ||||||
20 | are divided attention tasks that are intended to determine if a | ||||||
21 | person is under the influence of cannabis. The purpose of these | ||||||
22 | tests is to determine the effect of the use of cannabis on a | ||||||
23 | person's capacity to think and act with ordinary care and | ||||||
24 | therefore operate a motor vehicle safely. Therefore, the | ||||||
25 | results of these standardized field sobriety tests, | ||||||
26 | appropriately administered, shall be admissible in the trial of |
| |||||||
| |||||||
1 | any civil or criminal action or proceeding arising out of an | ||||||
2 | arrest for a cannabis-related offense as defined in Section | ||||||
3 | 11-501 or a similar local ordinance or proceedings under | ||||||
4 | Section 2-118.1 or 2-118.2. Where a test is made the following | ||||||
5 | provisions shall apply: | ||||||
6 | 1. The person tested may have a physician, or a | ||||||
7 | qualified technician, chemist, registered nurse, or other | ||||||
8 | qualified person of their own choosing administer a | ||||||
9 | chemical test or tests in addition to the standardized | ||||||
10 | field sobriety test or tests administered at the direction | ||||||
11 | of a law enforcement officer. The failure or inability to | ||||||
12 | obtain an additional test by a person does not preclude the | ||||||
13 | admission of evidence relating to the test or tests taken | ||||||
14 | at the direction of a law enforcement officer. | ||||||
15 | 2. Upon the request of the person who shall submit to a | ||||||
16 | standardized field sobriety test or tests at the request of | ||||||
17 | a law enforcement officer, full information concerning the | ||||||
18 | test or tests shall be made available to the person or the | ||||||
19 | person's attorney. | ||||||
20 | 3. At the trial of any civil or criminal action or | ||||||
21 | proceeding arising out of an arrest for an offense as | ||||||
22 | defined in Section 11-501 or a similar local ordinance or | ||||||
23 | proceedings under Section 2-118.1 or 2-118.2 in which the | ||||||
24 | results of these standardized field sobriety tests are | ||||||
25 | admitted, the cardholder may present and the trier of fact | ||||||
26 | may consider evidence that the card holder lacked the |
| |||||||
| |||||||
1 | physical capacity to perform the standardized field | ||||||
2 | sobriety tests. | ||||||
3 | (b) Upon the trial of any civil or criminal action or | ||||||
4 | proceeding arising
out of acts alleged to have been committed | ||||||
5 | by any person while driving or
in actual physical control of a | ||||||
6 | vehicle while under the influence of alcohol,
the concentration | ||||||
7 | of alcohol in the person's blood or breath at the time
alleged | ||||||
8 | as shown by analysis of the person's blood, urine, breath, or | ||||||
9 | other
bodily substance shall give rise to the following | ||||||
10 | presumptions:
| ||||||
11 | 1. If there was at that time an alcohol concentration | ||||||
12 | of 0.05 or less,
it shall be presumed that the person was | ||||||
13 | not under the influence of alcohol.
| ||||||
14 | 2. If there was at that time an alcohol concentration | ||||||
15 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
16 | give rise to any
presumption that
the person was or was not | ||||||
17 | under the influence of alcohol, but such fact
may be | ||||||
18 | considered with other competent evidence in determining | ||||||
19 | whether the
person was under the influence of alcohol.
| ||||||
20 | 3. If there was at that time an alcohol concentration | ||||||
21 | of 0.08
or more,
it shall be presumed that the person was | ||||||
22 | under the influence of alcohol.
| ||||||
23 | 4. The foregoing provisions of this Section shall not | ||||||
24 | be construed as
limiting the introduction of any other | ||||||
25 | relevant evidence bearing upon the
question whether the | ||||||
26 | person was under the influence of alcohol.
|
| |||||||
| |||||||
1 | (c) 1. If a person under arrest refuses to submit to a | ||||||
2 | chemical test
under
the provisions of Section 11-501.1, | ||||||
3 | evidence of refusal shall be admissible
in any civil or | ||||||
4 | criminal action or proceeding arising out of acts alleged
to | ||||||
5 | have been committed while the person under the influence of | ||||||
6 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
7 | compounds, or
any combination thereof was driving or in actual | ||||||
8 | physical
control of a motor vehicle.
| ||||||
9 | 2. Notwithstanding any ability to refuse under this Code to | ||||||
10 | submit to
these tests or any ability to revoke the implied | ||||||
11 | consent to these tests, if a
law enforcement officer has | ||||||
12 | probable cause to believe that a motor vehicle
driven by or in | ||||||
13 | actual physical control of a person under the influence of
| ||||||
14 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
15 | compounds,
or any combination thereof
has caused the death or
| ||||||
16 | personal injury to another, the law enforcement officer shall | ||||||
17 | request, and that person shall submit, upon the request of a | ||||||
18 | law
enforcement officer, to a chemical test or tests of his or | ||||||
19 | her blood, breath or
urine for the purpose of
determining the | ||||||
20 | alcohol content thereof or the presence of any other drug or
| ||||||
21 | combination of both.
| ||||||
22 | This provision does not affect the applicability of or | ||||||
23 | imposition of driver's
license sanctions under Section | ||||||
24 | 11-501.1 of this Code.
| ||||||
25 | 3. For purposes of this Section, a personal injury includes | ||||||
26 | any Type A
injury as indicated on the traffic accident report |
| |||||||
| |||||||
1 | completed by a law
enforcement officer that requires immediate | ||||||
2 | professional attention in either a
doctor's office or a medical | ||||||
3 | facility. A Type A injury includes severe
bleeding wounds, | ||||||
4 | distorted extremities, and injuries that require the injured
| ||||||
5 | party to be carried from the scene.
| ||||||
6 | (d) If a person refuses standardized field sobriety tests | ||||||
7 | under Section 11-501.9 of this Code, evidence of refusal shall | ||||||
8 | be admissible in any civil or criminal action or proceeding | ||||||
9 | arising out of acts committed while the person was driving or | ||||||
10 | in actual physical control of a vehicle and alleged to have | ||||||
11 | been impaired by the use of cannabis. | ||||||
12 | (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; | ||||||
13 | 97-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff. | ||||||
14 | 8-15-14; 98-1172, eff. 1-12-15.)
| ||||||
15 | (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
| ||||||
16 | Sec. 11-501.4.
Admissibility of chemical tests of blood or | ||||||
17 | urine conducted in
the regular course of providing emergency | ||||||
18 | medical treatment.
| ||||||
19 | (a) Notwithstanding any other provision of law, the results | ||||||
20 | of
blood or urine tests performed for the purpose of | ||||||
21 | determining the content of alcohol,
other drug or drugs | ||||||
22 | including but not limited to synthetic drugs enumerated under | ||||||
23 | Section 204 of the Illinois Controlled Substances Act and | ||||||
24 | controlled substance analogs , or intoxicating compound or | ||||||
25 | compounds, or any
combination thereof, of an individual's blood |
| |||||||
| |||||||
1 | or urine conducted upon persons
receiving
medical treatment in | ||||||
2 | a hospital emergency room are admissible in evidence as a
| ||||||
3 | business record exception to the hearsay rule only in | ||||||
4 | prosecutions for any
violation of Section 11-501 of this Code | ||||||
5 | or a similar provision of a local
ordinance, or in prosecutions | ||||||
6 | for reckless homicide brought under the Criminal
Code of 1961 | ||||||
7 | or the Criminal Code of 2012, when each of the following | ||||||
8 | criteria are met:
| ||||||
9 | (1) the chemical tests performed upon an individual's | ||||||
10 | blood or urine were ordered
in the
regular course of | ||||||
11 | providing emergency medical treatment and not at the
| ||||||
12 | request of law enforcement authorities;
| ||||||
13 | (2) the chemical tests performed upon an individual's | ||||||
14 | blood or urine were performed
by the laboratory routinely | ||||||
15 | used by the hospital; and
| ||||||
16 | (3) results of chemical tests performed upon an | ||||||
17 | individual's blood or urine are
admissible into evidence | ||||||
18 | regardless of the time that the records were
prepared.
| ||||||
19 | (b) The confidentiality provisions of law pertaining to | ||||||
20 | medical records
and medical treatment shall not be applicable | ||||||
21 | with regard to chemical tests
performed upon an individual's | ||||||
22 | blood or urine under the provisions of this Section in
| ||||||
23 | prosecutions as specified in subsection (a) of this Section. No | ||||||
24 | person shall
be liable for civil damages as a result of the | ||||||
25 | evidentiary use of chemical
testing of an individual's blood or | ||||||
26 | urine test results under this Section, or as a
result of that |
| |||||||
| |||||||
1 | person's testimony made available under this Section.
| ||||||
2 | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| ||||||
3 | (625 ILCS 5/11-501.4-1)
| ||||||
4 | Sec. 11-501.4-1.
Reporting of test results of blood or | ||||||
5 | urine conducted in
the regular course of providing emergency | ||||||
6 | medical treatment.
| ||||||
7 | (a) Notwithstanding any other provision of law, the results | ||||||
8 | of blood or
urine
tests performed for the purpose of | ||||||
9 | determining the content of alcohol, other
drug or drugs | ||||||
10 | including but not limited to synthetic drugs enumerated under | ||||||
11 | Section 204 of the Illinois Controlled Substances Act and | ||||||
12 | controlled substance analogs , or intoxicating compound or | ||||||
13 | compounds, or any combination
thereof, in an individual's blood | ||||||
14 | or urine conducted upon persons
receiving medical treatment in | ||||||
15 | a hospital emergency room for injuries resulting
from a motor | ||||||
16 | vehicle accident shall be disclosed
to the Department
of State | ||||||
17 | Police
or local law enforcement agencies of jurisdiction, upon | ||||||
18 | request.
Such blood or urine tests are admissible in evidence | ||||||
19 | as a business record
exception to the hearsay rule only in | ||||||
20 | prosecutions for any violation of Section
11-501 of this Code | ||||||
21 | or a similar provision of a local ordinance, or in
prosecutions | ||||||
22 | for reckless homicide brought under the Criminal Code of 1961 | ||||||
23 | or the Criminal Code of 2012.
| ||||||
24 | (b) The confidentiality provisions of law pertaining to | ||||||
25 | medical records and
medical treatment shall not be applicable |
| |||||||
| |||||||
1 | with regard to tests performed upon
an
individual's blood or | ||||||
2 | urine under the provisions of subsection (a) of this
Section. | ||||||
3 | No person shall be liable for civil damages or professional | ||||||
4 | discipline
as a result of the disclosure or reporting of the | ||||||
5 | tests or the evidentiary
use of an
individual's blood or urine | ||||||
6 | test results under this Section or Section 11-501.4
or as a | ||||||
7 | result of that person's testimony made available under this | ||||||
8 | Section or
Section 11-501.4, except for willful or wanton | ||||||
9 | misconduct.
| ||||||
10 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
11 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| ||||||
12 | Sec. 11-501.6. Driver involvement in personal injury or | ||||||
13 | fatal motor
vehicle accident; chemical test. | ||||||
14 | (a) Any person who drives or is in actual control of a | ||||||
15 | motor vehicle
upon the public highways of this State and who | ||||||
16 | has been involved in a
personal injury or fatal motor vehicle | ||||||
17 | accident, shall be deemed to have
given consent to a breath | ||||||
18 | test using a portable device as approved by the
Department of | ||||||
19 | State Police or to a chemical test or tests
of blood, breath, | ||||||
20 | or
urine for the purpose of determining the content of alcohol,
| ||||||
21 | other
drug or drugs including but not limited to synthetic | ||||||
22 | drugs enumerated under Section 204 of the Illinois Controlled | ||||||
23 | Substances Act and controlled substance analogs , or | ||||||
24 | intoxicating compound or compounds of such
person's blood if | ||||||
25 | arrested as evidenced by the issuance of a Uniform Traffic
|
| |||||||
| |||||||
1 | Ticket for any violation of the Illinois Vehicle Code or a | ||||||
2 | similar provision of
a local ordinance, with the exception of | ||||||
3 | equipment violations contained in
Chapter 12 of this Code, or | ||||||
4 | similar provisions of local ordinances. The test
or tests shall | ||||||
5 | be administered at the direction of the arresting officer. The
| ||||||
6 | law enforcement agency employing the officer shall designate | ||||||
7 | which of the
aforesaid tests shall be administered. A urine | ||||||
8 | test may be administered even
after a blood or breath test or | ||||||
9 | both has been administered. Compliance with
this Section does | ||||||
10 | not relieve such person from the requirements of Section
| ||||||
11 | 11-501.1 of this Code. | ||||||
12 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
13 | in a
condition rendering such person incapable of refusal shall | ||||||
14 | be deemed not to
have withdrawn the consent provided by | ||||||
15 | subsection (a) of this Section. In
addition, if a driver of a | ||||||
16 | vehicle is receiving medical treatment as a
result of a motor | ||||||
17 | vehicle accident, any physician licensed to practice
medicine, | ||||||
18 | licensed physician assistant, licensed advanced practice | ||||||
19 | nurse, registered nurse or a phlebotomist acting under the | ||||||
20 | direction of
a licensed physician shall withdraw blood for | ||||||
21 | testing purposes to ascertain
the presence of alcohol, other | ||||||
22 | drug or drugs including but not limited to synthetic drugs | ||||||
23 | enumerated under Section 204 of the Illinois Controlled | ||||||
24 | Substances Act and controlled substance analogs , or | ||||||
25 | intoxicating
compound or compounds, upon the specific request | ||||||
26 | of a law
enforcement officer. However, no such testing shall be |
| |||||||
| |||||||
1 | performed until, in
the opinion of the medical personnel on | ||||||
2 | scene, the withdrawal can be made
without interfering with or | ||||||
3 | endangering the well-being of the patient. | ||||||
4 | (c) A person requested to submit to a test as provided | ||||||
5 | above shall be
warned by the law enforcement officer requesting | ||||||
6 | the test that a refusal to
submit to the test, or submission to | ||||||
7 | the test resulting in an alcohol
concentration of 0.08 or more, | ||||||
8 | or any amount of a drug, substance,
or intoxicating compound
| ||||||
9 | resulting from the unlawful use or consumption of cannabis, as | ||||||
10 | covered by the
Cannabis Control Act, a controlled substance | ||||||
11 | listed in the Illinois
Controlled Substances Act, an | ||||||
12 | intoxicating compound listed in the Use of
Intoxicating | ||||||
13 | Compounds Act, or methamphetamine as listed in the | ||||||
14 | Methamphetamine Control and Community Protection Act as | ||||||
15 | detected in such person's blood or urine, may
result in the | ||||||
16 | suspension of such person's privilege to operate a motor | ||||||
17 | vehicle and may result in the disqualification of the person's | ||||||
18 | privilege to operate a commercial motor vehicle, as provided in | ||||||
19 | Section 6-514 of this Code, if the person is a CDL holder.
The | ||||||
20 | length of the suspension shall be the same as outlined in | ||||||
21 | Section
6-208.1 of this Code regarding statutory summary | ||||||
22 | suspensions. | ||||||
23 | (d) If the person refuses testing or submits to a test | ||||||
24 | which discloses
an alcohol concentration of 0.08 or more, or | ||||||
25 | any amount of a drug,
substance,
or intoxicating compound in | ||||||
26 | such person's blood or urine resulting from the
unlawful use or
|
| |||||||
| |||||||
1 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
2 | controlled
substance listed in the Illinois Controlled | ||||||
3 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
4 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
5 | Methamphetamine Control and Community Protection Act, the law
| ||||||
6 | enforcement officer shall immediately submit a sworn report to | ||||||
7 | the Secretary of
State on a form prescribed by the Secretary, | ||||||
8 | certifying that the test or tests
were requested pursuant to | ||||||
9 | subsection (a) and the person refused to submit to a
test or | ||||||
10 | tests or submitted to testing which disclosed an alcohol | ||||||
11 | concentration
of 0.08 or more, or any amount of a drug, | ||||||
12 | substance, or intoxicating
compound
in such
person's blood or | ||||||
13 | urine, resulting from the unlawful use or consumption of
| ||||||
14 | cannabis listed in the Cannabis Control Act, a controlled | ||||||
15 | substance
listed in
the Illinois Controlled Substances Act,
an | ||||||
16 | intoxicating compound listed in
the Use of Intoxicating | ||||||
17 | Compounds Act, or methamphetamine as listed in the | ||||||
18 | Methamphetamine Control and Community Protection Act. | ||||||
19 | Upon receipt of the sworn report of a law enforcement | ||||||
20 | officer, the
Secretary shall enter the suspension and | ||||||
21 | disqualification to the individual's driving record and the
| ||||||
22 | suspension and disqualification shall be effective on the 46th | ||||||
23 | day following the date notice of the
suspension was given to | ||||||
24 | the person. | ||||||
25 | The law enforcement officer submitting the sworn report | ||||||
26 | shall serve immediate
notice of this suspension on the person |
| |||||||
| |||||||
1 | and such suspension and disqualification shall be effective
on | ||||||
2 | the 46th day following the date notice was given. | ||||||
3 | In cases where the blood alcohol concentration of 0.08 or | ||||||
4 | more,
or any amount
of a drug, substance, or intoxicating | ||||||
5 | compound resulting from the unlawful
use or
consumption of | ||||||
6 | cannabis as listed in the Cannabis Control Act, a
controlled
| ||||||
7 | substance listed in the Illinois Controlled Substances Act,
an
| ||||||
8 | intoxicating
compound listed in the Use of Intoxicating | ||||||
9 | Compounds Act, or methamphetamine as listed in the | ||||||
10 | Methamphetamine Control and Community Protection Act, is | ||||||
11 | established by a
subsequent analysis of blood or urine | ||||||
12 | collected at the time of arrest, the
arresting officer shall | ||||||
13 | give notice as provided in this Section or by deposit
in the | ||||||
14 | United States mail of such notice in an envelope with postage | ||||||
15 | prepaid
and addressed to such person at his address as shown on | ||||||
16 | the Uniform Traffic
Ticket and the suspension and | ||||||
17 | disqualification shall be effective on the 46th day following | ||||||
18 | the date
notice was given. | ||||||
19 | Upon receipt of the sworn report of a law enforcement | ||||||
20 | officer, the Secretary
shall also give notice of the suspension | ||||||
21 | and disqualification to the driver by mailing a notice of
the | ||||||
22 | effective date of the suspension and disqualification to the | ||||||
23 | individual. However, should the
sworn report be defective by | ||||||
24 | not containing sufficient information or be
completed in error, | ||||||
25 | the notice of the suspension and disqualification shall not be | ||||||
26 | mailed to the
person or entered to the driving record, but |
| |||||||
| |||||||
1 | rather the sworn report shall be
returned to the issuing law | ||||||
2 | enforcement agency. | ||||||
3 | (e) A driver may contest this suspension of his or her
| ||||||
4 | driving privileges and disqualification of his or her CDL | ||||||
5 | privileges by
requesting an administrative hearing with the | ||||||
6 | Secretary in accordance with
Section 2-118 of this Code. At the | ||||||
7 | conclusion of a hearing held under
Section 2-118 of this Code, | ||||||
8 | the Secretary may rescind, continue, or modify the
orders
of | ||||||
9 | suspension and disqualification. If the Secretary does not | ||||||
10 | rescind the orders of suspension and disqualification, a | ||||||
11 | restricted
driving permit may be granted by the Secretary upon | ||||||
12 | application being made and
good cause shown. A restricted | ||||||
13 | driving permit may be granted to relieve undue
hardship to | ||||||
14 | allow driving for employment, educational, and medical | ||||||
15 | purposes as
outlined in Section 6-206 of this Code. The | ||||||
16 | provisions of Section 6-206 of
this Code shall apply. In | ||||||
17 | accordance with 49 C.F.R. 384, the Secretary of State may not | ||||||
18 | issue a restricted driving permit for the operation of a | ||||||
19 | commercial motor vehicle to a person holding a CDL whose | ||||||
20 | driving privileges have been suspended, revoked, cancelled, or | ||||||
21 | disqualified.
| ||||||
22 | (f) (Blank). | ||||||
23 | (g) For the purposes of this Section, a personal injury | ||||||
24 | shall include
any type A injury as indicated on the traffic | ||||||
25 | accident report completed
by a law enforcement officer that | ||||||
26 | requires immediate professional attention
in either a doctor's |
| |||||||
| |||||||
1 | office or a medical facility. A type A injury shall
include | ||||||
2 | severely bleeding wounds, distorted extremities, and injuries | ||||||
3 | that
require the injured party to be carried from the scene. | ||||||
4 | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11; | ||||||
5 | 97-835, eff. 7-20-12.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
|