Full Text of HB0592 95th General Assembly
HB0592 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0592
Introduced 2/5/2007, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED: |
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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 who drives a vehicle on the highways of this State is deemed to have given consent to having his or her saliva (as well as his or her breath, blood, or urine) tested for the presence of drugs, intoxicating compounds, or alcohol. Provides for statutory summary suspension of the person's driving privileges if he or she refuses the testing or if his or her saliva reveals an alcohol concentration of 0.08 or more or the presence of drugs or intoxicating compounds in any amount.
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A BILL FOR
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HB0592 |
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LRB095 07709 DRH 27865 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 |
| Section 11-501.1 as follows:
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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 | 8 |
| summary
alcohol, other drug or drugs, or intoxicating compound | 9 |
| or
compounds related suspension; implied consent.
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| (a) Any person who drives or is in actual physical control | 11 |
| of a motor
vehicle upon the public highways of this State shall | 12 |
| be deemed to have given
consent, subject to the provisions of | 13 |
| Section 11-501.2, to a chemical test or
tests of blood, breath, | 14 |
| saliva, or urine for the purpose of determining the content of
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| alcohol, other drug or drugs, or intoxicating compound or | 16 |
| compounds or
any combination thereof in the person's blood if | 17 |
| arrested,
as evidenced by the issuance of a Uniform Traffic | 18 |
| Ticket, for any offense
as defined in Section 11-501 or a | 19 |
| similar provision of a local ordinance, or if arrested for | 20 |
| violating Section 11-401.
The test or tests shall be | 21 |
| administered at the direction of the arresting
officer. The law | 22 |
| enforcement agency employing the officer shall designate which
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| of the aforesaid tests shall be administered. A urine test may |
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LRB095 07709 DRH 27865 b |
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| be administered
even after a blood ,
or breath , or saliva test | 2 |
| or both has
been administered. For purposes of this Section, an | 3 |
| Illinois law
enforcement officer of this State who is | 4 |
| investigating the person for any
offense defined in Section | 5 |
| 11-501 may travel into an adjoining state, where
the person has | 6 |
| been transported for medical care, to complete an
investigation | 7 |
| and to request that the person submit to the test or tests
set | 8 |
| forth in this Section. The requirements of this Section that | 9 |
| the
person be arrested are inapplicable, but the officer shall | 10 |
| issue the person
a Uniform Traffic Ticket for an offense as | 11 |
| defined in Section 11-501 or a
similar provision of a local | 12 |
| ordinance prior to requesting that the person
submit to the | 13 |
| test or tests. The issuance of the Uniform Traffic Ticket
shall | 14 |
| not constitute an arrest, but shall be for the purpose of | 15 |
| notifying
the person that he or she is subject to the | 16 |
| provisions of this Section and
of the officer's belief of the | 17 |
| existence of probable cause to
arrest. Upon returning to this | 18 |
| State, the officer shall file the Uniform
Traffic Ticket with | 19 |
| the Circuit Clerk of the county where the offense was
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| committed, and shall seek the issuance of an arrest warrant or | 21 |
| a summons
for the person.
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| (b) Any person who is dead, unconscious, or who is | 23 |
| otherwise in a condition
rendering the person incapable of | 24 |
| refusal, shall be deemed not to have
withdrawn the consent | 25 |
| provided by paragraph (a) of this Section and the test or
tests | 26 |
| may be administered, subject to the provisions of Section |
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LRB095 07709 DRH 27865 b |
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| 11-501.2.
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| (c) A person requested to submit to a test as provided | 3 |
| above shall
be warned by the law enforcement officer requesting | 4 |
| the test that a
refusal to submit to the test will result in | 5 |
| the statutory summary
suspension of the person's privilege to | 6 |
| operate a motor vehicle as provided
in Section 6-208.1 of this | 7 |
| Code. The person shall also be warned by the law
enforcement | 8 |
| 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 | 10 |
| concentration in
the person's blood ,
or breath , or saliva is | 11 |
| 0.08 or greater, or any amount of
a
drug, substance, or | 12 |
| compound resulting from the unlawful use or consumption
of | 13 |
| cannabis as covered by the Cannabis Control Act, a controlled
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| substance
listed in the Illinois Controlled Substances Act, or | 15 |
| an intoxicating compound
listed in the Use of Intoxicating | 16 |
| Compounds Act is detected in the person's
blood , saliva, or | 17 |
| urine, a statutory summary suspension of the person's privilege | 18 |
| to
operate a motor vehicle, as provided in Sections 6-208.1 and | 19 |
| 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 | 21 |
| is requested to
submit to a test as provided above shall, in | 22 |
| addition to the warnings provided
for in this Section, be | 23 |
| further warned by the law enforcement officer
requesting the | 24 |
| test that if the person submits to the test or tests provided | 25 |
| in
paragraph (a) of this Section and the alcohol concentration | 26 |
| in the person's
blood ,
or breath , or saliva is greater than |
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LRB095 07709 DRH 27865 b |
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| 0.00 and less than 0.08, a
suspension of the
person's privilege | 2 |
| to operate a motor vehicle, as provided under Sections
6-208.2 | 3 |
| and 11-501.8 of this Code, will be imposed. The results of this | 4 |
| test
shall be admissible in a civil or criminal action or | 5 |
| proceeding arising from an
arrest for an offense as defined in | 6 |
| Section 11-501 of this Code or a similar
provision of a local | 7 |
| ordinance or pursuant to Section 11-501.4 in prosecutions
for | 8 |
| reckless homicide brought under the Criminal Code of 1961. | 9 |
| These test
results, however, shall be admissible only in | 10 |
| actions or proceedings directly
related to the incident upon | 11 |
| which the test request was made.
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| (d) If the person refuses testing or submits to a test that | 13 |
| discloses
an alcohol concentration of 0.08 or more, or any | 14 |
| amount of a drug,
substance, or intoxicating compound in the | 15 |
| person's breath, blood,
saliva, or urine resulting from the
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| unlawful use or consumption of cannabis listed in the Cannabis | 17 |
| Control Act, a controlled substance listed in the Illinois | 18 |
| Controlled Substances
Act, or an intoxicating compound listed | 19 |
| in the Use of Intoxicating Compounds
Act, the law enforcement | 20 |
| officer shall immediately submit a sworn report to
the
circuit | 21 |
| court of venue and the Secretary of State, certifying that the | 22 |
| test or
tests was or were requested under paragraph (a) and the | 23 |
| person refused to
submit to a test, or tests, or submitted to | 24 |
| testing that disclosed an alcohol
concentration of 0.08 or | 25 |
| more.
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| (e) Upon receipt of the sworn report of a law enforcement |
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| officer
submitted under paragraph (d), the Secretary of State | 2 |
| shall enter the
statutory summary suspension for the periods | 3 |
| specified in Section 6-208.1,
and effective as provided in | 4 |
| paragraph (g).
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| If the person is a first offender as defined in Section | 6 |
| 11-500 of this
Code, and is not convicted of a violation of | 7 |
| Section 11-501
of this Code or a similar provision of a local | 8 |
| ordinance, then reports
received by the Secretary of State | 9 |
| under this Section shall, except during
the actual time the | 10 |
| Statutory Summary Suspension is in effect, be
privileged | 11 |
| 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 | 14 |
| under paragraph
(d) shall serve immediate notice of the | 15 |
| statutory summary suspension on the
person and the suspension | 16 |
| shall be effective as provided in paragraph (g). In
cases where | 17 |
| the blood alcohol concentration of 0.08 or greater or
any | 18 |
| amount of
a drug, substance, or compound resulting from the | 19 |
| unlawful use or consumption
of cannabis as covered by the | 20 |
| Cannabis Control Act, a controlled
substance
listed in the | 21 |
| Illinois Controlled Substances Act, or an intoxicating | 22 |
| compound
listed in the Use of Intoxicating Compounds Act is | 23 |
| established by a
subsequent
analysis of blood , saliva, or urine | 24 |
| collected at the time of arrest, the arresting
officer or | 25 |
| arresting agency shall give notice as provided in this Section | 26 |
| 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 |
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LRB095 07709 DRH 27865 b |
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| mailed to the
person or entered to the record; instead, the | 2 |
| sworn report shall
be
forwarded to the court of venue with a | 3 |
| copy returned to the issuing agency
identifying any defect.
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| (Source: P.A. 94-115, eff. 1-1-06.)
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