Full Text of HB1351 94th General Assembly
HB1351 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1351
Introduced 02/09/05, by Rep. Deborah L. Graham SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-401 |
from Ch. 95 1/2, par. 11-401 |
625 ILCS 5/11-501.1 |
from Ch. 95 1/2, par. 11-501.1 |
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Amends the Illinois Vehicle Code. Provides that any person arrested for leaving the scene of an accident involving death or personal injury is subject to chemical testing for alcohol, drugs, or intoxicating compounds. Provides that the person's driving privileges are subject to statutory summary suspension if he or she fails or refuses to undergo the testing.
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A BILL FOR
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HB1351 |
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LRB094 09428 DRH 39675 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 11-401 and 11-501.1 as follows:
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| (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
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| Sec. 11-401. Motor vehicle accidents involving death or | 8 |
| personal injuries.
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| (a) The driver of any vehicle involved in a motor vehicle | 10 |
| accident
resulting in personal injury to or death of any person | 11 |
| shall immediately stop
such vehicle at the scene of such | 12 |
| accident, or as close thereto as possible
and shall then | 13 |
| forthwith return to, and in every event shall remain at the
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| scene of the accident until the requirements of Section 11-403 | 15 |
| have been
fulfilled. Every such stop shall be made without | 16 |
| obstructing traffic more
than is necessary.
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| (b) Any person who has failed to stop or to comply with the
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| requirements of paragraph (a) shall, as soon as possible but in | 19 |
| no case
later than one-half hour after such motor
vehicle | 20 |
| accident, or, if hospitalized and incapacitated from reporting | 21 |
| at any
time during such period, as soon as possible but in no | 22 |
| case later than one-half
hour
after
being discharged from the
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| hospital, report the place of the accident, the date, the | 24 |
| approximate time,
the
driver's name and address, the | 25 |
| registration number of the vehicle
driven, and the names of all | 26 |
| other occupants of
such vehicle, at a police station or | 27 |
| sheriff's office near the place where
such accident occurred. | 28 |
| No report made as required under this paragraph shall be used,
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| directly or indirectly, as a basis for the prosecution of any
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| violation of paragraph (a).
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| (b-1) Any person arrested for violating this Section is | 32 |
| subject to chemical testing of his or her blood, breath, or |
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HB1351 |
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LRB094 09428 DRH 39675 b |
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| urine for the presence of alcohol, other drug or drugs, | 2 |
| intoxicating compound or compounds, or any combination | 3 |
| thereof, as provided in Section 11-501.1. The person's driving | 4 |
| privileges are subject to statutory summary suspension under | 5 |
| Section 11-501.1 if he or she fails or refuses to undergo the | 6 |
| testing.
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| For purposes of this Section, personal injury shall mean | 8 |
| any injury
requiring immediate professional treatment in a | 9 |
| medical facility or
doctor's office.
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| (c) Any person failing to comply with paragraph (a) shall | 11 |
| be guilty of a Class 4 felony.
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| (d) Any person failing to comply with paragraph (b) is
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| guilty
of
a Class 3 felony if the
motor vehicle accident does | 14 |
| not result in the death of any person.
Any person failing to | 15 |
| comply with paragraph (b)
when the accident results in the | 16 |
| death of
any person is guilty of a Class 2
felony, for which | 17 |
| the person, if
sentenced to a term of imprisonment, shall be | 18 |
| sentenced to a term of not less
than 3 years and not more than | 19 |
| 14 years.
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| (e) The Secretary of State shall revoke the driving | 21 |
| privilege of any person
convicted of a violation of this | 22 |
| Section.
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| (Source: P.A. 93-684, eff. 1-1-05.)
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| (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
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| Sec. 11-501.1. Suspension of drivers license; statutory | 26 |
| summary
alcohol, other drug or drugs, or intoxicating compound | 27 |
| or
compounds related suspension; implied consent.
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| (a) Any person who drives or is in actual physical control | 29 |
| of a motor
vehicle upon the public highways of this State shall | 30 |
| be deemed to have given
consent, subject to the provisions of | 31 |
| Section 11-501.2, to a chemical test or
tests of blood, breath, | 32 |
| or urine for the purpose of determining the content of
alcohol, | 33 |
| other drug or drugs, or intoxicating compound or compounds or
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| any combination thereof in the person's blood if arrested,
as | 35 |
| evidenced by the issuance of a Uniform Traffic Ticket, for any |
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| offense
as defined in Section 11-501 or a similar provision of | 2 |
| a local ordinance , or if arrested for violating Section 11-401 .
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| The test or tests shall be administered at the direction of the | 4 |
| arresting
officer. The law enforcement agency employing the | 5 |
| officer shall designate which
of the aforesaid tests shall be | 6 |
| administered. A urine test may be administered
even after a | 7 |
| blood or breath test or both has
been administered. For | 8 |
| purposes of this Section, an Illinois law
enforcement officer | 9 |
| of this State who is investigating the person for any
offense | 10 |
| defined in Section 11-501 may travel into an adjoining state, | 11 |
| where
the person has been transported for medical care, to | 12 |
| complete an
investigation and to request that the person submit | 13 |
| to the test or tests
set forth in this Section. The | 14 |
| requirements of this Section that the
person be arrested are | 15 |
| inapplicable, but the officer shall issue the person
a Uniform | 16 |
| Traffic Ticket for an offense as defined in Section 11-501 or a
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| similar provision of a local ordinance prior to requesting that | 18 |
| the person
submit to the test or tests. The issuance of the | 19 |
| Uniform Traffic Ticket
shall not constitute an arrest, but | 20 |
| shall be for the purpose of notifying
the person that he or she | 21 |
| is subject to the provisions of this Section and
of the | 22 |
| officer's belief of the existence of probable cause to
arrest. | 23 |
| Upon returning to this State, the officer shall file the | 24 |
| Uniform
Traffic Ticket with the Circuit Clerk of the county | 25 |
| where the offense was
committed, and shall seek the issuance of | 26 |
| an arrest warrant or a summons
for the person.
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| (b) Any person who is dead, unconscious, or who is | 28 |
| otherwise in a condition
rendering the person incapable of | 29 |
| refusal, shall be deemed not to have
withdrawn the consent | 30 |
| provided by paragraph (a) of this Section and the test or
tests | 31 |
| may be administered, subject to the provisions of Section | 32 |
| 11-501.2.
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| (c) A person requested to submit to a test as provided | 34 |
| above shall
be warned by the law enforcement officer requesting | 35 |
| the test that a
refusal to submit to the test will result in | 36 |
| the statutory summary
suspension of the person's privilege to |
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| operate a motor vehicle as provided
in Section 6-208.1 of this | 2 |
| Code. The person shall also be warned by the law
enforcement | 3 |
| officer that if the person submits to the test or tests
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| provided in paragraph (a) of this Section and the alcohol | 5 |
| concentration in
the person's blood or breath is 0.08 or | 6 |
| greater, or any amount of
a
drug, substance, or compound | 7 |
| resulting from the unlawful use or consumption
of cannabis as | 8 |
| covered by the Cannabis Control Act, a controlled
substance
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| listed in the Illinois Controlled Substances Act, or an | 10 |
| intoxicating compound
listed in the Use of Intoxicating | 11 |
| Compounds Act is detected in the person's
blood or urine, a | 12 |
| statutory summary suspension of the person's privilege to
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| operate a motor vehicle, as provided in Sections 6-208.1 and | 14 |
| 11-501.1 of this
Code, will be imposed.
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| 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 | 27 |
| 11-501 of this Code or a similar
provision of a local ordinance | 28 |
| or pursuant to Section 11-501.4 in prosecutions
for reckless | 29 |
| homicide brought under the Criminal Code of 1961. These test
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| results, however, shall be admissible only in actions or | 31 |
| proceedings directly
related to the incident upon which the | 32 |
| test request was made.
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| (d) If the person refuses testing or submits to a test that | 34 |
| discloses
an alcohol concentration of 0.08 or more, or any | 35 |
| amount of a drug,
substance, or intoxicating compound in the | 36 |
| person's breath, blood,
or urine resulting from the
unlawful |
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LRB094 09428 DRH 39675 b |
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| use or consumption of cannabis listed in the Cannabis Control | 2 |
| Act, a controlled substance listed in the Illinois Controlled | 3 |
| Substances
Act, or an intoxicating compound listed in the Use | 4 |
| of Intoxicating Compounds
Act, the law enforcement officer | 5 |
| shall immediately submit a sworn report to
the
circuit court of | 6 |
| venue and the Secretary of State, certifying that the test or
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| tests was or were requested under paragraph (a) and the person | 8 |
| refused to
submit to a test, or tests, or submitted to testing | 9 |
| that disclosed an alcohol
concentration of 0.08 or more.
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| (e) Upon receipt of the sworn report of a law enforcement | 11 |
| officer
submitted under paragraph (d), the Secretary of State | 12 |
| shall enter the
statutory summary suspension for the periods | 13 |
| specified in Section 6-208.1,
and effective as provided in | 14 |
| paragraph (g).
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| If the person is a first offender as defined in Section | 16 |
| 11-500 of this
Code, and is not convicted of a violation of | 17 |
| Section 11-501
of this Code or a similar provision of a local | 18 |
| ordinance, then reports
received by the Secretary of State | 19 |
| under this Section shall, except during
the actual time the | 20 |
| Statutory Summary Suspension is in effect, be
privileged | 21 |
| information and for use only by the courts, police officers,
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| prosecuting authorities or the Secretary of State.
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| (f) The law enforcement officer submitting the sworn report | 24 |
| under paragraph
(d) shall serve immediate notice of the | 25 |
| statutory summary suspension on the
person and the suspension | 26 |
| shall be effective as provided in paragraph (g). In
cases where | 27 |
| the blood alcohol concentration of 0.08 or greater or
any | 28 |
| amount of
a drug, substance, or compound resulting from the | 29 |
| unlawful use or consumption
of cannabis as covered by the | 30 |
| Cannabis Control Act, a controlled
substance
listed in the | 31 |
| Illinois Controlled Substances Act, or an intoxicating | 32 |
| compound
listed in the Use of Intoxicating Compounds Act is | 33 |
| established by a
subsequent
analysis of blood or urine | 34 |
| collected at the time of arrest, the arresting
officer or | 35 |
| arresting agency shall give notice as provided in this Section | 36 |
| or by
deposit in the United States mail of the notice in an |
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| envelope with postage
prepaid and addressed to the person at | 2 |
| his address as shown on the Uniform
Traffic Ticket and the | 3 |
| statutory summary suspension shall begin as provided in
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| paragraph (g). The officer shall confiscate any Illinois | 5 |
| driver's license or
permit on the person at the time of arrest. | 6 |
| If the person has a valid driver's
license or permit, the | 7 |
| officer shall issue the person a receipt, in
a form prescribed | 8 |
| by the Secretary of State, that will allow that person
to drive | 9 |
| during the periods provided for in paragraph (g). The officer
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| shall immediately forward the driver's license or permit to the | 11 |
| circuit
court of venue along with the sworn report provided for | 12 |
| in
paragraph (d).
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| (g) The statutory summary suspension referred to in this | 14 |
| Section shall
take effect on the 46th day following the date | 15 |
| the notice of the statutory
summary suspension was given to the | 16 |
| person.
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| (h) The following procedure shall apply
whenever a person | 18 |
| is arrested for any offense as defined in Section 11-501
or a | 19 |
| similar provision of a local ordinance:
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| Upon receipt of the sworn report from the law enforcement | 21 |
| officer,
the Secretary of State shall confirm the statutory | 22 |
| summary suspension by
mailing a notice of the effective date of | 23 |
| the suspension to the person and
the court of venue. However, | 24 |
| should the sworn report be defective by not
containing | 25 |
| sufficient information or be completed in error, the
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| confirmation of the statutory summary suspension shall not be | 27 |
| mailed to the
person or entered to the record; instead, the | 28 |
| sworn report shall
be
forwarded to the court of venue with a | 29 |
| copy returned to the issuing agency
identifying any defect.
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| (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-357, | 31 |
| eff.
7-29-99.)
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