Full Text of HB3092 97th General Assembly
HB3092 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3092 Introduced 2/23/2011, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-501.6 | from Ch. 95 1/2, par. 11-501.6 |
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Amends the Illinois Vehicle Code. Adds language providing that a law enforcement officer must offer a chemical test to any person who the officer has reason to believe operated a vehicle that was involved in a type A personal injury or fatal motor vehicle accident. In language providing that a person who drives or is in actual control of a motor vehicle upon the public highways of this State and who has been involved in a type A personal injury or fatal motor vehicle accident is deemed to have given consent to a breath test or chemical test for alcohol or drugs, deletes language limiting that consent to situations where the person is arrested. Effective July 1, 2011.
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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 11-501.6 as follows: | 6 | | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| 7 | | (Text of Section after amendment by P.A. 96-1344 ) | 8 | | Sec. 11-501.6. Driver involvement in personal injury or | 9 | | fatal motor
vehicle accident not involving an arrest for a | 10 | | violation of Section 11-501; driving under the influence of | 11 | | alcohol, other drug or drugs, intoxicating compounds, or any | 12 | | combination thereof; chemical test. | 13 | | (a) Any person who drives or is in actual control of a | 14 | | motor vehicle
upon the public highways of this State and who | 15 | | has been involved in a
personal injury or fatal motor vehicle | 16 | | accident, shall be deemed to have
given consent to a breath | 17 | | test using a portable device as approved by the
Department of | 18 | | State Police or to a chemical test or tests
of blood, breath, | 19 | | or
urine for the purpose of determining the content of alcohol,
| 20 | | other
drug or drugs, or intoxicating compound or compounds of | 21 | | such
person's blood if arrested as evidenced by the issuance of | 22 | | a Uniform Traffic
Ticket for any violation of the Illinois | 23 | | Vehicle Code or a similar provision of
a local ordinance, with |
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| 1 | | the exception of equipment violations contained in
Chapter 12 | 2 | | of this Code, or similar provisions of local ordinances . A law | 3 | | enforcement officer must offer such a breath test or chemical | 4 | | test to any person who the officer has reason to believe | 5 | | operated a vehicle that was involved in a personal injury or | 6 | | fatal motor vehicle accident. This Section shall not apply to | 7 | | those persons arrested for a violation of Section 11-501 or a | 8 | | similar violation of a local ordinance, in which case the | 9 | | provisions of Section 11-501.1 shall apply. The test
or tests | 10 | | shall be administered at the direction of the arresting | 11 | | officer. The
law enforcement agency employing the officer shall | 12 | | designate which of the
aforesaid tests shall be administered. A | 13 | | urine test may be administered even
after a blood or breath | 14 | | test or both has been administered. Compliance with
this | 15 | | Section does not relieve such person from the requirements of | 16 | | Section
11-501.1 of this Code. | 17 | | (b) Any person who is dead, unconscious or who is otherwise | 18 | | in a
condition rendering such person incapable of refusal shall | 19 | | be deemed not to
have withdrawn the consent provided by | 20 | | subsection (a) of this Section. In
addition, if a driver of a | 21 | | vehicle is receiving medical treatment as a
result of a motor | 22 | | vehicle accident, any physician licensed to practice
medicine, | 23 | | registered nurse or a phlebotomist acting under the direction | 24 | | of
a licensed physician shall withdraw blood for testing | 25 | | purposes to ascertain
the presence of alcohol, other drug or | 26 | | drugs, or intoxicating
compound or compounds, upon the specific |
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| 1 | | request of a law
enforcement officer. However, no such testing | 2 | | shall be performed until, in
the opinion of the medical | 3 | | personnel on scene, the withdrawal can be made
without | 4 | | interfering with or endangering the well-being of the patient. | 5 | | (c) A person requested to submit to a test as provided | 6 | | above shall be
warned by the law enforcement officer requesting | 7 | | the test that a refusal to
submit to the test, or submission to | 8 | | the test resulting in an alcohol
concentration of 0.08 or more, | 9 | | or any amount of a drug, substance,
or intoxicating compound
| 10 | | resulting from the unlawful use or consumption of cannabis, as | 11 | | covered by the
Cannabis Control Act, a controlled substance | 12 | | listed in the Illinois
Controlled Substances Act, an | 13 | | intoxicating compound listed in the Use of
Intoxicating | 14 | | Compounds Act, or methamphetamine as listed in the | 15 | | Methamphetamine Control and Community Protection Act as | 16 | | detected in such person's blood or urine, may
result in the | 17 | | suspension of such person's privilege to operate a motor | 18 | | vehicle and may result in the disqualification of the person's | 19 | | privilege to operate a commercial motor vehicle, as provided in | 20 | | Section 6-514 of this Code, if the person is a CDL holder.
The | 21 | | length of the suspension shall be the same as outlined in | 22 | | Section
6-208.1 of this Code regarding statutory summary | 23 | | suspensions. | 24 | | (d) If the person refuses testing or submits to a test | 25 | | which discloses
an alcohol concentration of 0.08 or more, or | 26 | | any amount of a drug,
substance,
or intoxicating compound in |
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| 1 | | such person's blood or urine resulting from the
unlawful use or
| 2 | | consumption of cannabis listed in the Cannabis Control Act, a | 3 | | controlled
substance listed in the Illinois Controlled | 4 | | Substances Act, an
intoxicating
compound listed in the Use of | 5 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 6 | | Methamphetamine Control and Community Protection Act, the law
| 7 | | enforcement officer shall immediately submit a sworn report to | 8 | | the Secretary of
State on a form prescribed by the Secretary, | 9 | | certifying that the test or tests
were requested pursuant to | 10 | | subsection (a) and the person refused to submit to a
test or | 11 | | tests or submitted to testing which disclosed an alcohol | 12 | | concentration
of 0.08 or more, or any amount of a drug, | 13 | | substance, or intoxicating
compound
in such
person's blood or | 14 | | urine, resulting from the unlawful use or consumption of
| 15 | | cannabis listed in the Cannabis Control Act, a controlled | 16 | | substance
listed in
the Illinois Controlled Substances Act,
an | 17 | | intoxicating compound listed in
the Use of Intoxicating | 18 | | Compounds Act, or methamphetamine as listed in the | 19 | | Methamphetamine Control and Community Protection Act. | 20 | | Upon receipt of the sworn report of a law enforcement | 21 | | officer, the
Secretary shall enter the suspension and | 22 | | disqualification to the individual's driving record and the
| 23 | | suspension and disqualification shall be effective on the 46th | 24 | | day following the date notice of the
suspension was given to | 25 | | the person. | 26 | | The law enforcement officer submitting the sworn report |
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| 1 | | shall serve immediate
notice of this suspension on the person | 2 | | and such suspension and disqualification shall be effective
on | 3 | | the 46th day following the date notice was given. | 4 | | In cases where the blood alcohol concentration of 0.08 or | 5 | | more,
or any amount
of a drug, substance, or intoxicating | 6 | | compound resulting from the unlawful
use or
consumption of | 7 | | cannabis as listed in the Cannabis Control Act, a
controlled
| 8 | | substance listed in the Illinois Controlled Substances Act,
an
| 9 | | intoxicating
compound listed in the Use of Intoxicating | 10 | | Compounds Act, or methamphetamine as listed in the | 11 | | Methamphetamine Control and Community Protection Act, is | 12 | | established by a
subsequent analysis of blood or urine | 13 | | collected at the time of arrest, the
arresting officer shall | 14 | | give notice as provided in this Section or by deposit
in the | 15 | | United States mail of such notice in an envelope with postage | 16 | | prepaid
and addressed to such person at his address as shown on | 17 | | the Uniform Traffic
Ticket and the suspension and | 18 | | disqualification shall be effective on the 46th day following | 19 | | the date
notice was given. | 20 | | Upon receipt of the sworn report of a law enforcement | 21 | | officer, the Secretary
shall also give notice of the suspension | 22 | | and disqualification to the driver by mailing a notice of
the | 23 | | effective date of the suspension and disqualification to the | 24 | | individual. However, should the
sworn report be defective by | 25 | | not containing sufficient information or be
completed in error, | 26 | | the notice of the suspension and disqualification shall not be |
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| 1 | | mailed to the
person or entered to the driving record, but | 2 | | rather the sworn report shall be
returned to the issuing law | 3 | | enforcement agency. | 4 | | (e) A driver may contest this suspension of his or her
| 5 | | driving privileges and disqualification of his or her CDL | 6 | | privileges by
requesting an administrative hearing with the | 7 | | Secretary in accordance with
Section 2-118 of this Code. At the | 8 | | conclusion of a hearing held under
Section 2-118 of this Code, | 9 | | the Secretary may rescind, continue, or modify the
orders
of | 10 | | suspension and disqualification. If the Secretary does not | 11 | | rescind the orders of suspension and disqualification, a | 12 | | restricted
driving permit may be granted by the Secretary upon | 13 | | application being made and
good cause shown. A restricted | 14 | | driving permit may be granted to relieve undue
hardship to | 15 | | allow driving for employment, educational, and medical | 16 | | purposes as
outlined in Section 6-206 of this Code. The | 17 | | provisions of Section 6-206 of
this Code shall apply. In | 18 | | accordance with 49 C.F.R. 384, the Secretary of State may not | 19 | | issue a restricted driving permit for the operation of a | 20 | | commercial motor vehicle to a person holding a CDL whose | 21 | | driving privileges have been suspended, revoked, cancelled, or | 22 | | disqualified.
| 23 | | (f) (Blank). | 24 | | (g) For the purposes of this Section, a personal injury | 25 | | shall include
any type A injury as indicated on the traffic | 26 | | accident report completed
by a law enforcement officer that |
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| 1 | | requires immediate professional attention
in either a doctor's | 2 | | office or a medical facility. A type A injury shall
include | 3 | | severely bleeding wounds, distorted extremities, and injuries | 4 | | that
require the injured party to be carried from the scene. | 5 | | (Source: P.A. 95-382, eff. 8-23-07; 96-1344, eff. 7-1-11.)
| 6 | | Section 99. Effective date. This Act takes effect July 1, | 7 | | 2011.
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