Illinois General Assembly - Full Text of SB1234
Illinois General Assembly

Previous General Assemblies

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:
 
625 ILCS 5/11-501.1

    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.


LRB098 06896 MLW 36953 b

 

 

A BILL FOR

 

SB1234LRB098 06896 MLW 36953 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
5Section 11-501.1 as follows:
 
6    (625 ILCS 5/11-501.1)
7    Sec. 11-501.1. Suspension of drivers license; statutory
8summary alcohol, other drug or drugs, or intoxicating compound
9or compounds related suspension or revocation; implied
10consent.
11    (a) Any person who drives or is in actual physical control
12of a motor vehicle upon the public highways of this State shall
13be deemed to have given consent, subject to the provisions of
14Section 11-501.2, to a chemical test or tests of blood, breath,
15saliva, or urine for the purpose of determining the content of
16alcohol, other drug or drugs, or intoxicating compound or
17compounds or any combination thereof in the person's blood if
18arrested, as evidenced by the issuance of a Uniform Traffic
19Ticket, for any offense as defined in Section 11-501 or a
20similar provision of a local ordinance, or if arrested for
21violating Section 11-401. If a law enforcement officer has
22probable cause to believe the person was under the influence of
23alcohol, other drug or drugs, intoxicating compound or

 

 

SB1234- 2 -LRB098 06896 MLW 36953 b

1compounds, or any combination thereof, the law enforcement
2officer shall request a chemical test or tests which shall be
3administered at the direction of the arresting officer. The law
4enforcement agency employing the officer shall designate which
5of the aforesaid tests shall be administered. A urine test may
6be administered even after a blood or breath test or both has
7been administered. For purposes of this Section, an Illinois
8law enforcement officer of this State who is investigating the
9person for any offense defined in Section 11-501 may travel
10into an adjoining state, where the person has been transported
11for medical care, to complete an investigation and to request
12that the person submit to the test or tests set forth in this
13Section. The requirements of this Section that the person be
14arrested are inapplicable, but the officer shall issue the
15person a Uniform Traffic Ticket for an offense as defined in
16Section 11-501 or a similar provision of a local ordinance
17prior to requesting that the person submit to the test or
18tests. The issuance of the Uniform Traffic Ticket shall not
19constitute an arrest, but shall be for the purpose of notifying
20the person that he or she is subject to the provisions of this
21Section and of the officer's belief of the existence of
22probable cause to arrest. Upon returning to this State, the
23officer shall file the Uniform Traffic Ticket with the Circuit
24Clerk of the county where the offense was committed, and shall
25seek the issuance of an arrest warrant or a summons for the
26person.

 

 

SB1234- 3 -LRB098 06896 MLW 36953 b

1    (b) Any person who is dead, unconscious, or who is
2otherwise in a condition rendering the person incapable of
3refusal, shall be deemed not to have withdrawn the consent
4provided by paragraph (a) of this Section and the test or tests
5may be administered, subject to the provisions of Section
611-501.2.
7    (c) A person requested to submit to a test as provided
8above shall be warned by the law enforcement officer requesting
9the test that a refusal to submit to the test will result in
10the statutory summary suspension of the person's privilege to
11operate a motor vehicle, as provided in Section 6-208.1 of this
12Code, and will also result in the disqualification of the
13person's privilege to operate a commercial motor vehicle, as
14provided in Section 6-514 of this Code, if the person is a CDL
15holder. The person shall also be warned that a refusal to
16submit to the test, when the person was involved in a motor
17vehicle accident that caused personal injury or death to
18another, will result in the statutory summary revocation of the
19person's privilege to operate a motor vehicle, as provided in
20Section 6-208.1, and will also result in the disqualification
21of the person's privilege to operate a commercial motor
22vehicle, as provided in Section 6-514 of this Code, if the
23person is a CDL holder. The person shall also be warned by the
24law enforcement officer that if the person submits to the test
25or tests provided in paragraph (a) of this Section and the
26alcohol concentration in the person's blood or breath is 0.08

 

 

SB1234- 4 -LRB098 06896 MLW 36953 b

1or greater, or any amount of a drug, substance, or compound
2resulting from the unlawful use or consumption of cannabis as
3covered by the Cannabis Control Act, a controlled substance
4listed in the Illinois Controlled Substances Act, an
5intoxicating compound listed in the Use of Intoxicating
6Compounds Act, or methamphetamine as listed in the
7Methamphetamine Control and Community Protection Act is
8detected in the person's blood, saliva, or urine, a statutory
9summary suspension of the person's privilege to operate a motor
10vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
11Code, and a disqualification of the person's privilege to
12operate a commercial motor vehicle, as provided in Section
136-514 of this Code, if the person is a CDL holder, will be
14imposed.
15    A person who is under the age of 21 at the time the person
16is requested to submit to a test as provided above shall, in
17addition to the warnings provided for in this Section, be
18further warned by the law enforcement officer requesting the
19test that if the person submits to the test or tests provided
20in paragraph (a) of this Section and the alcohol concentration
21in the person's blood or breath is greater than 0.00 and less
22than 0.08, a suspension of the person's privilege to operate a
23motor vehicle, as provided under Sections 6-208.2 and 11-501.8
24of this Code, will be imposed. The results of this test shall
25be admissible in a civil or criminal action or proceeding
26arising from an arrest for an offense as defined in Section

 

 

SB1234- 5 -LRB098 06896 MLW 36953 b

111-501 of this Code or a similar provision of a local ordinance
2or pursuant to Section 11-501.4 in prosecutions for reckless
3homicide brought under the Criminal Code of 1961. These test
4results, however, shall be admissible only in actions or
5proceedings directly related to the incident upon which the
6test request was made.
7    (d) If the person refuses testing or submits to a test that
8discloses an alcohol concentration of 0.08 or more, or any
9amount of a drug, substance, or intoxicating compound in the
10person's breath, blood, saliva, or urine resulting from the
11unlawful use or consumption of cannabis listed in the Cannabis
12Control Act, a controlled substance listed in the Illinois
13Controlled Substances Act, an intoxicating compound listed in
14the Use of Intoxicating Compounds Act, or methamphetamine as
15listed in the Methamphetamine Control and Community Protection
16Act, the law enforcement officer shall immediately submit a
17sworn report to the circuit court of venue and the Secretary of
18State, certifying that the test or tests was or were requested
19under paragraph (a) and the person refused to submit to a test,
20or tests, or submitted to testing that disclosed an alcohol
21concentration of 0.08 or more.
22    (e) Upon receipt of the sworn report of a law enforcement
23officer submitted under paragraph (d), the Secretary of State
24shall enter the statutory summary suspension or revocation and
25disqualification for the periods specified in Sections 6-208.1
26and 6-514, respectively, and effective as provided in paragraph

 

 

SB1234- 6 -LRB098 06896 MLW 36953 b

1(g).
2    If the person is a first offender as defined in Section
311-500 of this Code, and is not convicted of a violation of
4Section 11-501 of this Code or a similar provision of a local
5ordinance, then reports received by the Secretary of State
6under this Section shall, except during the actual time the
7Statutory Summary Suspension is in effect, be privileged
8information and for use only by the courts, police officers,
9prosecuting authorities or the Secretary of State, unless the
10person is a CDL holder, is operating a commercial motor vehicle
11or vehicle required to be placarded for hazardous materials, in
12which case the suspension shall not be privileged. Reports
13received by the Secretary of State under this Section shall
14also be made available to the parent or guardian of a person
15under the age of 18 years that holds an instruction permit or a
16graduated driver's license, regardless of whether the
17statutory summary suspension is in effect. A statutory summary
18revocation shall not be privileged information.
19    (f) The law enforcement officer submitting the sworn report
20under paragraph (d) shall serve immediate notice of the
21statutory summary suspension or revocation on the person and
22the suspension or revocation and disqualification shall be
23effective as provided in paragraph (g). In cases where the
24blood alcohol concentration of 0.08 or greater or any amount of
25a drug, substance, or compound resulting from the unlawful use
26or consumption of cannabis as covered by the Cannabis Control

 

 

SB1234- 7 -LRB098 06896 MLW 36953 b

1Act, a controlled substance listed in the Illinois Controlled
2Substances Act, an intoxicating compound listed in the Use of
3Intoxicating Compounds Act, or methamphetamine as listed in the
4Methamphetamine Control and Community Protection Act is
5established by a subsequent analysis of blood, saliva, or urine
6collected at the time of arrest, the arresting officer or
7arresting agency shall give notice as provided in this Section
8or by deposit in the United States mail of the notice in an
9envelope with postage prepaid and addressed to the person at
10his address as shown on the Uniform Traffic Ticket and the
11statutory summary suspension and disqualification shall begin
12as provided in paragraph (g). The officer shall confiscate any
13Illinois driver's license or permit on the person at the time
14of arrest. If the person has a valid driver's license or
15permit, the officer shall issue the person a receipt, in a form
16prescribed by the Secretary of State, that will allow that
17person to drive during the periods provided for in paragraph
18(g). The officer shall immediately forward the driver's license
19or permit to the circuit court of venue along with the sworn
20report provided for in paragraph (d).
21    (g) The statutory summary suspension or revocation and
22disqualification referred to in this Section shall take effect
23on the 46th day following the date the notice of the statutory
24summary suspension or revocation was given to the person.
25    (h) The following procedure shall apply whenever a person
26is arrested for any offense as defined in Section 11-501 or a

 

 

SB1234- 8 -LRB098 06896 MLW 36953 b

1similar provision of a local ordinance:
2    Upon receipt of the sworn report from the law enforcement
3officer, the Secretary of State shall confirm the statutory
4summary suspension or revocation by mailing a notice of the
5effective date of the suspension or revocation to the person
6and the court of venue. The Secretary of State shall also mail
7notice of the effective date of the disqualification to the
8person. However, should the sworn report be defective by not
9containing sufficient information or be completed in error, the
10confirmation of the statutory summary suspension or revocation
11shall not be mailed to the person or entered to the record;
12instead, the sworn report shall be forwarded to the court of
13venue with a copy returned to the issuing agency identifying
14any defect.
15    (i) As used in this Section, "personal injury" includes any
16Type A injury as indicated on the traffic accident report
17completed by a law enforcement officer that requires immediate
18professional attention in either a doctor's office or a medical
19facility. A Type A injury includes severely bleeding wounds,
20distorted extremities, and injuries that require the injured
21party to be carried from the scene.
22(Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11;
2397-333, eff. 8-12-11; 97-471, eff. 8-22-11.)