99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1687

 

Introduced 2/20/2015, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-500  from Ch. 95 1/2, par. 11-500
625 ILCS 5/11-501.1
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 5/11-501.4-1
625 ILCS 5/11-501.6  from Ch. 95 1/2, par. 11-501.6

    Amends the Illinois Vehicle Code. Clarifies that for the purposes of driving under the influence (DUI), chemical testing for DUI, implied consent for chemical testing for DUI, and statutory summary suspension for refusal or failure of chemical testing for DUI, the term "drug" includes, but is not limited to, synthetic drugs enumerated under Section 204 of the Illinois Controlled Substances Act and controlled substance analogs. Defines "controlled substance analog". Effective immediately.


LRB099 00231 MRW 20236 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1687LRB099 00231 MRW 20236 b

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 11-500, 11-501.1, 11-501.2, 11-501.4, 11-501.4-1, and
611-501.6 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
10analog" has the meaning as defined in Sections 102, 401, and
11402 of the Illinois Controlled Substances Act.
12    For the purposes of this Article, "drug" includes, but is
13not limited to, synthetic drugs enumerated under Section 204 of
14the Illinois Controlled Substances Act and controlled
15substance analogs.
16    For the purposes of interpreting Sections 6-206.1 and
176-208.1 of this Code, "first offender" shall mean any person
18who has not had a previous conviction or court assigned
19supervision for violating Section 11-501, or a similar
20provision of a local ordinance, or a conviction in any other
21state for a violation of driving while under the influence or a
22similar offense where the cause of action is the same or
23substantially similar to this Code or similar offenses

 

 

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1committed on a military installation, or any person who has not
2had a driver's license suspension pursuant to paragraph 6 of
3subsection (a) of Section 6-206 as the result of refusal of
4chemical testing in another state, or any person who has not
5had a driver's license suspension or revocation for violating
6Section 11-501.1 within 5 years prior to the date of the
7current offense, except in cases where the driver submitted to
8chemical testing resulting in an alcohol concentration of 0.08
9or more, or any amount of a drug, substance, or compound in
10such person's blood or urine resulting from the unlawful use or
11consumption of cannabis listed in the Cannabis Control Act, a
12controlled substance listed in the Illinois Controlled
13Substances Act, or an intoxicating compound listed in the Use
14of Intoxicating Compounds Act, or methamphetamine as listed in
15the Methamphetamine Control and Community Protection Act and
16was subsequently found not guilty of violating Section 11-501,
17or a similar provision of a local ordinance.
18(Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09;
1996-1344, eff. 7-1-11.)
 
20    (625 ILCS 5/11-501.1)
21    Sec. 11-501.1. Suspension of drivers license; statutory
22summary alcohol, other drug or drugs, or intoxicating compound
23or compounds related suspension or revocation; implied
24consent.
25    (a) Any person who drives or is in actual physical control

 

 

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1of a motor vehicle upon the public highways of this State shall
2be deemed to have given consent, subject to the provisions of
3Section 11-501.2, to a chemical test or tests of blood, breath,
4or urine for the purpose of determining the content of alcohol,
5other drug or drugs including but not limited to synthetic
6drugs enumerated under Section 204 of the Illinois Controlled
7Substances Act and controlled substance analogs, or
8intoxicating compound or compounds or any combination thereof
9in the person's blood if arrested, as evidenced by the issuance
10of a Uniform Traffic Ticket, for any offense as defined in
11Section 11-501 or a similar provision of a local ordinance, or
12if arrested for violating Section 11-401. If a law enforcement
13officer has probable cause to believe the person was under the
14influence of alcohol, other drug or drugs including but not
15limited to synthetic drugs enumerated under Section 204 of the
16Illinois Controlled Substances Act and controlled substance
17analogs, intoxicating compound or compounds, or any
18combination thereof, the law enforcement officer shall request
19a chemical test or tests which shall be administered at the
20direction of the arresting officer. The law enforcement agency
21employing the officer shall designate which of the aforesaid
22tests shall be administered. A urine test may be administered
23even after a blood or breath test or both has been
24administered. For purposes of this Section, an Illinois law
25enforcement officer of this State who is investigating the
26person for any offense defined in Section 11-501 may travel

 

 

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1into an adjoining state, where the person has been transported
2for medical care, to complete an investigation and to request
3that the person submit to the test or tests set forth in this
4Section. The requirements of this Section that the person be
5arrested are inapplicable, but the officer shall issue the
6person a Uniform Traffic Ticket for an offense as defined in
7Section 11-501 or a similar provision of a local ordinance
8prior to requesting that the person submit to the test or
9tests. The issuance of the Uniform Traffic Ticket shall not
10constitute an arrest, but shall be for the purpose of notifying
11the person that he or she is subject to the provisions of this
12Section and of the officer's belief of the existence of
13probable cause to arrest. Upon returning to this State, the
14officer shall file the Uniform Traffic Ticket with the Circuit
15Clerk of the county where the offense was committed, and shall
16seek the issuance of an arrest warrant or a summons for the
17person.
18    (a-5) (Blank).
19    (b) Any person who is dead, unconscious, or who is
20otherwise in a condition rendering the person incapable of
21refusal, shall be deemed not to have withdrawn the consent
22provided by paragraph (a) of this Section and the test or tests
23may be administered, subject to the provisions of Section
2411-501.2.
25    (c) A person requested to submit to a test as provided
26above shall be warned by the law enforcement officer requesting

 

 

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1the test that a refusal to submit to the test will result in
2the statutory summary suspension of the person's privilege to
3operate a motor vehicle, as provided in Section 6-208.1 of this
4Code, and will also result in the disqualification of the
5person's privilege to operate a commercial motor vehicle, as
6provided in Section 6-514 of this Code, if the person is a CDL
7holder. The person shall also be warned that a refusal to
8submit to the test, when the person was involved in a motor
9vehicle accident that caused personal injury or death to
10another, will result in the statutory summary revocation of the
11person's privilege to operate a motor vehicle, as provided in
12Section 6-208.1, and will also result in the disqualification
13of the person's privilege to operate a commercial motor
14vehicle, as provided in Section 6-514 of this Code, if the
15person is a CDL holder. The person shall also be warned by the
16law enforcement officer that if the person submits to the test
17or tests provided in paragraph (a) of this Section and the
18alcohol concentration in the person's blood or breath is 0.08
19or greater, or any amount of a drug, substance, or compound
20resulting from the unlawful use or consumption of cannabis as
21covered by the Cannabis Control Act, a controlled substance
22listed in the Illinois Controlled Substances Act, an
23intoxicating compound listed in the Use of Intoxicating
24Compounds Act, or methamphetamine as listed in the
25Methamphetamine Control and Community Protection Act is
26detected in the person's blood or urine, a statutory summary

 

 

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1suspension of the person's privilege to operate a motor
2vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
3Code, and a disqualification of the person's privilege to
4operate a commercial motor vehicle, as provided in Section
56-514 of this Code, if the person is a CDL holder, will be
6imposed.
7    A person who is under the age of 21 at the time the person
8is requested to submit to a test as provided above shall, in
9addition to the warnings provided for in this Section, be
10further warned by the law enforcement officer requesting the
11test that if the person submits to the test or tests provided
12in paragraph (a) of this Section and the alcohol concentration
13in the person's blood or breath is greater than 0.00 and less
14than 0.08, a suspension of the person's privilege to operate a
15motor vehicle, as provided under Sections 6-208.2 and 11-501.8
16of this Code, will be imposed. The results of this test shall
17be admissible in a civil or criminal action or proceeding
18arising from an arrest for an offense as defined in Section
1911-501 of this Code or a similar provision of a local ordinance
20or pursuant to Section 11-501.4 in prosecutions for reckless
21homicide brought under the Criminal Code of 1961 or the
22Criminal Code of 2012. These test results, however, shall be
23admissible only in actions or proceedings directly related to
24the incident upon which the test request was made.
25    (d) If the person refuses testing or submits to a test that
26discloses an alcohol concentration of 0.08 or more, or any

 

 

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1amount of a drug, substance, or intoxicating compound in the
2person's breath, blood, or urine resulting from the unlawful
3use or consumption of cannabis listed in the Cannabis Control
4Act, a controlled substance listed in the Illinois Controlled
5Substances Act, an intoxicating compound listed in the Use of
6Intoxicating Compounds Act, or methamphetamine as listed in the
7Methamphetamine Control and Community Protection Act, the law
8enforcement officer shall immediately submit a sworn report to
9the circuit court of venue and the Secretary of State,
10certifying that the test or tests was or were requested under
11paragraph (a) and the person refused to submit to a test, or
12tests, or submitted to testing that disclosed an alcohol
13concentration of 0.08 or more.
14    (e) Upon receipt of the sworn report of a law enforcement
15officer submitted under paragraph (d), the Secretary of State
16shall enter the statutory summary suspension or revocation and
17disqualification for the periods specified in Sections 6-208.1
18and 6-514, respectively, and effective as provided in paragraph
19(g).
20    If the person is a first offender as defined in Section
2111-500 of this Code, and is not convicted of a violation of
22Section 11-501 of this Code or a similar provision of a local
23ordinance, then reports received by the Secretary of State
24under this Section shall, except during the actual time the
25Statutory Summary Suspension is in effect, be privileged
26information and for use only by the courts, police officers,

 

 

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1prosecuting authorities or the Secretary of State, unless the
2person is a CDL holder, is operating a commercial motor vehicle
3or vehicle required to be placarded for hazardous materials, in
4which case the suspension shall not be privileged. Reports
5received by the Secretary of State under this Section shall
6also be made available to the parent or guardian of a person
7under the age of 18 years that holds an instruction permit or a
8graduated driver's license, regardless of whether the
9statutory summary suspension is in effect. A statutory summary
10revocation shall not be privileged information.
11    (f) The law enforcement officer submitting the sworn report
12under paragraph (d) shall serve immediate notice of the
13statutory summary suspension or revocation on the person and
14the suspension or revocation and disqualification shall be
15effective 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

 

 

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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
17disqualification referred to in this Section shall take effect
18on the 46th day following the date the notice of the statutory
19summary suspension or revocation was given to the person.
20    (h) The following procedure shall apply whenever a person
21is arrested for any offense as defined in Section 11-501 or a
22similar provision of a local ordinance:
23    Upon receipt of the sworn report from the law enforcement
24officer, the Secretary of State shall confirm the statutory
25summary suspension or revocation by mailing a notice of the
26effective date of the suspension or revocation to the person

 

 

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1and the court of venue. The Secretary of State shall also mail
2notice of the effective date of the disqualification to the
3person. However, should the sworn report be defective by not
4containing sufficient information or be completed in error, the
5confirmation of the statutory summary suspension or revocation
6shall not be mailed to the person or entered to the record;
7instead, the sworn report shall be forwarded to the court of
8venue with a copy returned to the issuing agency identifying
9any defect.
10    (i) As used in this Section, "personal injury" includes any
11Type A injury as indicated on the traffic accident report
12completed by a law enforcement officer that requires immediate
13professional attention in either a doctor's office or a medical
14facility. A Type A injury includes severely bleeding wounds,
15distorted extremities, and injuries that require the injured
16party to be carried from the scene.
17(Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11;
1897-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff.
191-12-15.)
 
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
23proceeding arising out of an arrest for an offense as defined
24in Section 11-501 or a similar local ordinance or proceedings
25pursuant to Section 2-118.1, evidence of the concentration of

 

 

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1alcohol, other drug or drugs including but not limited to
2synthetic drugs enumerated under Section 204 of the Illinois
3Controlled Substances Act and controlled substance analogs, or
4intoxicating compound or compounds, or any combination thereof
5in a person's blood or breath at the time alleged, as
6determined by analysis of the person's blood, urine, breath or
7other bodily substance, shall be admissible. Where such test is
8made 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

 

 

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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

 

 

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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
14sobriety tests approved by the National Highway Traffic Safety
15Administration when conducting investigations of a violation
16of Section 11-501 or similar local ordinance by drivers
17suspected of driving under the influence of cannabis. The
18General Assembly finds that standardized field sobriety tests
19approved by the National Highway Traffic Safety Administration
20are divided attention tasks that are intended to determine if a
21person is under the influence of cannabis. The purpose of these
22tests is to determine the effect of the use of cannabis on a
23person's capacity to think and act with ordinary care and
24therefore operate a motor vehicle safely. Therefore, the
25results of these standardized field sobriety tests,
26appropriately administered, shall be admissible in the trial of

 

 

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1any civil or criminal action or proceeding arising out of an
2arrest for a cannabis-related offense as defined in Section
311-501 or a similar local ordinance or proceedings under
4Section 2-118.1 or 2-118.2. Where a test is made the following
5provisions 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

 

 

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1    physical capacity to perform the standardized field
2    sobriety tests.
3    (b) Upon the trial of any civil or criminal action or
4proceeding arising out of acts alleged to have been committed
5by any person while driving or in actual physical control of a
6vehicle while under the influence of alcohol, the concentration
7of alcohol in the person's blood or breath at the time alleged
8as shown by analysis of the person's blood, urine, breath, or
9other bodily substance shall give rise to the following
10presumptions:
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.

 

 

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1    (c) 1. If a person under arrest refuses to submit to a
2chemical test under the provisions of Section 11-501.1,
3evidence of refusal shall be admissible in any civil or
4criminal action or proceeding arising out of acts alleged to
5have been committed while the person under the influence of
6alcohol, other drug or drugs, or intoxicating compound or
7compounds, or any combination thereof was driving or in actual
8physical control of a motor vehicle.
9    2. Notwithstanding any ability to refuse under this Code to
10submit to these tests or any ability to revoke the implied
11consent to these tests, if a law enforcement officer has
12probable cause to believe that a motor vehicle driven by or in
13actual physical control of a person under the influence of
14alcohol, other drug or drugs, or intoxicating compound or
15compounds, or any combination thereof has caused the death or
16personal injury to another, the law enforcement officer shall
17request, and that person shall submit, upon the request of a
18law enforcement officer, to a chemical test or tests of his or
19her blood, breath or urine for the purpose of determining the
20alcohol content thereof or the presence of any other drug or
21combination of both.
22    This provision does not affect the applicability of or
23imposition of driver's license sanctions under Section
2411-501.1 of this Code.
25    3. For purposes of this Section, a personal injury includes
26any Type A injury as indicated on the traffic accident report

 

 

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1completed by a law enforcement officer that requires immediate
2professional attention in either a doctor's office or a medical
3facility. A Type A injury includes severe bleeding wounds,
4distorted extremities, and injuries that require the injured
5party to be carried from the scene.
6    (d) If a person refuses standardized field sobriety tests
7under Section 11-501.9 of this Code, evidence of refusal shall
8be admissible in any civil or criminal action or proceeding
9arising out of acts committed while the person was driving or
10in actual physical control of a vehicle and alleged to have
11been impaired by the use of cannabis.
12(Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11;
1397-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff.
148-15-14; 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
17urine conducted in the regular course of providing emergency
18medical treatment.
19    (a) Notwithstanding any other provision of law, the results
20of blood or urine tests performed for the purpose of
21determining the content of alcohol, other drug or drugs
22including but not limited to synthetic drugs enumerated under
23Section 204 of the Illinois Controlled Substances Act and
24controlled substance analogs, or intoxicating compound or
25compounds, or any combination thereof, of an individual's blood

 

 

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1or urine conducted upon persons receiving medical treatment in
2a hospital emergency room are admissible in evidence as a
3business record exception to the hearsay rule only in
4prosecutions for any violation of Section 11-501 of this Code
5or a similar provision of a local ordinance, or in prosecutions
6for reckless homicide brought under the Criminal Code of 1961
7or the Criminal Code of 2012, when each of the following
8criteria 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
20medical records and medical treatment shall not be applicable
21with regard to chemical tests performed upon an individual's
22blood or urine under the provisions of this Section in
23prosecutions as specified in subsection (a) of this Section. No
24person shall be liable for civil damages as a result of the
25evidentiary use of chemical testing of an individual's blood or
26urine test results under this Section, or as a result of that

 

 

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1person'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
5urine conducted in the regular course of providing emergency
6medical treatment.
7    (a) Notwithstanding any other provision of law, the results
8of blood or urine tests performed for the purpose of
9determining the content of alcohol, other drug or drugs
10including but not limited to synthetic drugs enumerated under
11Section 204 of the Illinois Controlled Substances Act and
12controlled substance analogs, or intoxicating compound or
13compounds, or any combination thereof, in an individual's blood
14or urine conducted upon persons receiving medical treatment in
15a hospital emergency room for injuries resulting from a motor
16vehicle accident shall be disclosed to the Department of State
17Police or local law enforcement agencies of jurisdiction, upon
18request. Such blood or urine tests are admissible in evidence
19as a business record exception to the hearsay rule only in
20prosecutions for any violation of Section 11-501 of this Code
21or a similar provision of a local ordinance, or in prosecutions
22for reckless homicide brought under the Criminal Code of 1961
23or the Criminal Code of 2012.
24    (b) The confidentiality provisions of law pertaining to
25medical records and medical treatment shall not be applicable

 

 

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1with regard to tests performed upon an individual's blood or
2urine under the provisions of subsection (a) of this Section.
3No person shall be liable for civil damages or professional
4discipline as a result of the disclosure or reporting of the
5tests or the evidentiary use of an individual's blood or urine
6test results under this Section or Section 11-501.4 or as a
7result of that person's testimony made available under this
8Section or Section 11-501.4, except for willful or wanton
9misconduct.
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
13fatal motor vehicle accident; chemical test.
14    (a) 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 personal injury or fatal motor vehicle
17accident, shall be deemed to have given consent to a breath
18test using a portable device as approved by the Department of
19State Police or to a chemical test or tests of blood, breath,
20or urine for the purpose of determining the content of alcohol,
21other drug or drugs including but not limited to synthetic
22drugs enumerated under Section 204 of the Illinois Controlled
23Substances Act and controlled substance analogs, or
24intoxicating compound or compounds of such person's blood if
25arrested as evidenced by the issuance of a Uniform Traffic

 

 

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1Ticket for any violation of the Illinois Vehicle Code or a
2similar provision of a local ordinance, with the exception of
3equipment violations contained in Chapter 12 of this Code, or
4similar provisions of local ordinances. The test or tests shall
5be administered at the direction of the arresting officer. The
6law enforcement agency employing the officer shall designate
7which of the aforesaid tests shall be administered. A urine
8test may be administered even after a blood or breath test or
9both has been administered. Compliance with this Section does
10not relieve such person from the requirements of Section
1111-501.1 of this Code.
12    (b) Any person who is dead, unconscious or who is otherwise
13in a condition rendering such person incapable of refusal shall
14be deemed not to have withdrawn the consent provided by
15subsection (a) of this Section. In addition, if a driver of a
16vehicle is receiving medical treatment as a result of a motor
17vehicle accident, any physician licensed to practice medicine,
18licensed physician assistant, licensed advanced practice
19nurse, registered nurse or a phlebotomist acting under the
20direction of a licensed physician shall withdraw blood for
21testing purposes to ascertain the presence of alcohol, other
22drug or drugs including but not limited to synthetic drugs
23enumerated under Section 204 of the Illinois Controlled
24Substances Act and controlled substance analogs, or
25intoxicating compound or compounds, upon the specific request
26of a law enforcement officer. However, no such testing shall be

 

 

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1performed until, in the opinion of the medical personnel on
2scene, the withdrawal can be made without interfering with or
3endangering the well-being of the patient.
4    (c) A person requested to submit to a test as provided
5above shall be warned by the law enforcement officer requesting
6the test that a refusal to submit to the test, or submission to
7the test resulting in an alcohol concentration of 0.08 or more,
8or any amount of a drug, substance, or intoxicating compound
9resulting from the unlawful use or consumption of cannabis, as
10covered by the Cannabis Control Act, a controlled substance
11listed in the Illinois Controlled Substances Act, an
12intoxicating compound listed in the Use of Intoxicating
13Compounds Act, or methamphetamine as listed in the
14Methamphetamine Control and Community Protection Act as
15detected in such person's blood or urine, may result in the
16suspension of such person's privilege to operate a motor
17vehicle and may result in the disqualification of the person's
18privilege to operate a commercial motor vehicle, as provided in
19Section 6-514 of this Code, if the person is a CDL holder. The
20length of the suspension shall be the same as outlined in
21Section 6-208.1 of this Code regarding statutory summary
22suspensions.
23    (d) If the person refuses testing or submits to a test
24which discloses an alcohol concentration of 0.08 or more, or
25any amount of a drug, substance, or intoxicating compound in
26such person's blood or urine resulting from the unlawful use or

 

 

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1consumption of cannabis listed in the Cannabis Control Act, a
2controlled substance listed in the Illinois Controlled
3Substances Act, an intoxicating compound listed in the Use of
4Intoxicating Compounds Act, or methamphetamine as listed in the
5Methamphetamine Control and Community Protection Act, the law
6enforcement officer shall immediately submit a sworn report to
7the Secretary of State on a form prescribed by the Secretary,
8certifying that the test or tests were requested pursuant to
9subsection (a) and the person refused to submit to a test or
10tests or submitted to testing which disclosed an alcohol
11concentration of 0.08 or more, or any amount of a drug,
12substance, or intoxicating compound in such person's blood or
13urine, resulting from the unlawful use or consumption of
14cannabis listed in the Cannabis Control Act, a controlled
15substance listed in the Illinois Controlled Substances Act, an
16intoxicating compound listed in the Use of Intoxicating
17Compounds Act, or methamphetamine as listed in the
18Methamphetamine Control and Community Protection Act.
19    Upon receipt of the sworn report of a law enforcement
20officer, the Secretary shall enter the suspension and
21disqualification to the individual's driving record and the
22suspension and disqualification shall be effective on the 46th
23day following the date notice of the suspension was given to
24the person.
25    The law enforcement officer submitting the sworn report
26shall serve immediate notice of this suspension on the person

 

 

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1and such suspension and disqualification shall be effective on
2the 46th day following the date notice was given.
3    In cases where the blood alcohol concentration of 0.08 or
4more, or any amount of a drug, substance, or intoxicating
5compound resulting from the unlawful use or consumption of
6cannabis as listed in the Cannabis Control Act, a controlled
7substance listed in the Illinois Controlled Substances Act, an
8intoxicating compound listed in the Use of Intoxicating
9Compounds Act, or methamphetamine as listed in the
10Methamphetamine Control and Community Protection Act, is
11established by a subsequent analysis of blood or urine
12collected at the time of arrest, the arresting officer shall
13give notice as provided in this Section or by deposit in the
14United States mail of such notice in an envelope with postage
15prepaid and addressed to such person at his address as shown on
16the Uniform Traffic Ticket and the suspension and
17disqualification shall be effective on the 46th day following
18the date notice was given.
19    Upon receipt of the sworn report of a law enforcement
20officer, the Secretary shall also give notice of the suspension
21and disqualification to the driver by mailing a notice of the
22effective date of the suspension and disqualification to the
23individual. However, should the sworn report be defective by
24not containing sufficient information or be completed in error,
25the notice of the suspension and disqualification shall not be
26mailed to the person or entered to the driving record, but

 

 

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1rather the sworn report shall be returned to the issuing law
2enforcement agency.
3    (e) A driver may contest this suspension of his or her
4driving privileges and disqualification of his or her CDL
5privileges by requesting an administrative hearing with the
6Secretary in accordance with Section 2-118 of this Code. At the
7conclusion of a hearing held under Section 2-118 of this Code,
8the Secretary may rescind, continue, or modify the orders of
9suspension and disqualification. If the Secretary does not
10rescind the orders of suspension and disqualification, a
11restricted driving permit may be granted by the Secretary upon
12application being made and good cause shown. A restricted
13driving permit may be granted to relieve undue hardship to
14allow driving for employment, educational, and medical
15purposes as outlined in Section 6-206 of this Code. The
16provisions of Section 6-206 of this Code shall apply. In
17accordance with 49 C.F.R. 384, the Secretary of State may not
18issue a restricted driving permit for the operation of a
19commercial motor vehicle to a person holding a CDL whose
20driving privileges have been suspended, revoked, cancelled, or
21disqualified.
22    (f) (Blank).
23    (g) For the purposes of this Section, a personal injury
24shall include any type A injury as indicated on the traffic
25accident report completed by a law enforcement officer that
26requires immediate professional attention in either a doctor's

 

 

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1office or a medical facility. A type A injury shall include
2severely bleeding wounds, distorted extremities, and injuries
3that 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;
597-835, eff. 7-20-12.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.