Full Text of SB1234 98th General Assembly
SB1234 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1234 Introduced 1/30/2013, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Expands the list of chemical tests used to detect the presence of drugs or intoxicating compounds in the implied consent provisions to include the testing of saliva.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 | | Section 11-501.1 as follows:
| 6 | | (625 ILCS 5/11-501.1)
| 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
| 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
| 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
| 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
| 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
| 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
| 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
| 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
| 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
| 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,
| 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
| 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
| 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
| 9 | | containing sufficient information or be completed in error, the
| 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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