Full Text of HB0592 95th General Assembly
HB0592ham001 95TH GENERAL ASSEMBLY
|
Judiciary I - Civil Law Committee
Filed: 3/21/2007
|
|
09500HB0592ham001 |
|
LRB095 07709 DRH 33855 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 592
| 2 |
| AMENDMENT NO. ______. Amend House Bill 592 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Sections 11-501.2 and 11-501.6 as follows:
| 6 |
| (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| 7 |
| Sec. 11-501.2. Chemical and other tests.
| 8 |
| (a) Upon the trial of any civil or criminal action or | 9 |
| proceeding arising out
of an arrest for an offense as defined | 10 |
| in Section 11-501 or a similar local
ordinance or proceedings | 11 |
| pursuant to Section 2-118.1, evidence of the
concentration of | 12 |
| alcohol, other drug or drugs, or intoxicating compound or
| 13 |
| compounds, or any combination thereof in a person's blood
or | 14 |
| breath at the time alleged, as determined by analysis of the | 15 |
| person's blood,
urine, breath or other bodily substance, shall | 16 |
| be admissible. Where such test
is made the following provisions |
|
|
|
09500HB0592ham001 |
- 2 - |
LRB095 07709 DRH 33855 a |
|
| 1 |
| shall apply:
| 2 |
| 1. Chemical analyses of the person's blood, urine, | 3 |
| breath or other bodily
substance to be considered valid | 4 |
| under the provisions of this Section shall
have been | 5 |
| performed according to standards promulgated by the | 6 |
| Department of State Police
by
a licensed physician, | 7 |
| registered nurse, trained phlebotomist acting under the
| 8 |
| direction of a licensed physician, certified paramedic, or | 9 |
| other individual
possessing a valid permit issued by that | 10 |
| Department for
this purpose. The Director of State Police | 11 |
| is authorized to approve satisfactory
techniques or | 12 |
| methods, to ascertain the qualifications and competence of
| 13 |
| individuals to conduct such analyses, to issue permits | 14 |
| which shall be subject
to termination or revocation at the | 15 |
| discretion of that Department and to
certify the accuracy | 16 |
| of breath testing equipment. The Department
of
State Police | 17 |
| shall prescribe regulations as necessary to
implement this
| 18 |
| Section , including rules providing for testing of saliva .
| 19 |
| 2. When a person in this State shall submit to a blood | 20 |
| test at the request
of a law enforcement officer under the | 21 |
| provisions of Section 11-501.1, only a
physician | 22 |
| authorized to practice medicine, a registered nurse, | 23 |
| trained
phlebotomist, or certified paramedic, or other
| 24 |
| qualified person approved by the Department of State Police | 25 |
| may withdraw blood
for the purpose of determining the | 26 |
| alcohol, drug, or alcohol and drug content
therein. This |
|
|
|
09500HB0592ham001 |
- 3 - |
LRB095 07709 DRH 33855 a |
|
| 1 |
| limitation shall not apply to the taking of breath or urine
| 2 |
| specimens.
| 3 |
| When a blood test of a person who has been taken to an | 4 |
| adjoining state
for medical treatment is requested by an | 5 |
| Illinois law enforcement officer,
the blood may be | 6 |
| withdrawn only by a physician authorized to practice
| 7 |
| medicine in the adjoining state, a registered nurse, a | 8 |
| trained
phlebotomist acting under the direction of the | 9 |
| physician, or certified
paramedic. The law
enforcement | 10 |
| officer requesting the test shall take custody of the blood
| 11 |
| sample, and the blood sample shall be analyzed by a | 12 |
| laboratory certified by the
Department of State Police for | 13 |
| that purpose.
| 14 |
| 3. The person tested may have a physician, or a | 15 |
| qualified technician,
chemist, registered nurse, or other | 16 |
| qualified person of their own choosing
administer a | 17 |
| chemical test or tests in addition to any administered at | 18 |
| the
direction of a law enforcement officer. The failure or | 19 |
| inability to obtain
an additional test by a person shall | 20 |
| not preclude the admission of evidence
relating to the test | 21 |
| or tests taken at the direction of a law enforcement
| 22 |
| officer.
| 23 |
| 4. Upon the request of the person who shall submit to a | 24 |
| chemical test
or tests at the request of a law enforcement | 25 |
| officer, full information
concerning the test or tests | 26 |
| shall be made available to the person or such
person's |
|
|
|
09500HB0592ham001 |
- 4 - |
LRB095 07709 DRH 33855 a |
|
| 1 |
| attorney.
| 2 |
| 5. Alcohol concentration shall mean either grams of | 3 |
| alcohol per 100
milliliters of blood or grams of alcohol | 4 |
| per 210 liters of breath.
| 5 |
| (b) Upon the trial of any civil or criminal action or | 6 |
| proceeding arising
out of acts alleged to have been committed | 7 |
| by any person while driving or
in actual physical control of a | 8 |
| vehicle while under the influence of alcohol,
the concentration | 9 |
| of alcohol in the person's blood or breath at the time
alleged | 10 |
| as shown by analysis of the person's blood, urine, breath, or | 11 |
| other
bodily substance shall give rise to the following | 12 |
| presumptions:
| 13 |
| 1. If there was at that time an alcohol concentration | 14 |
| of 0.05 or less,
it shall be presumed that the person was | 15 |
| not under the influence of alcohol.
| 16 |
| 2. If there was at that time an alcohol concentration | 17 |
| in excess of 0.05
but less than 0.08, such facts shall not | 18 |
| give rise to any
presumption that
the person was or was not | 19 |
| under the influence of alcohol, but such fact
may be | 20 |
| considered with other competent evidence in determining | 21 |
| whether the
person was under the influence of alcohol.
| 22 |
| 3. If there was at that time an alcohol concentration | 23 |
| of 0.08
or more,
it shall be presumed that the person was | 24 |
| under the influence of alcohol.
| 25 |
| 4. The foregoing provisions of this Section shall not | 26 |
| be construed as
limiting the introduction of any other |
|
|
|
09500HB0592ham001 |
- 5 - |
LRB095 07709 DRH 33855 a |
|
| 1 |
| relevant evidence bearing upon the
question whether the | 2 |
| person was under the influence of alcohol.
| 3 |
| (c) 1. If a person under arrest refuses to submit to a | 4 |
| chemical test
under
the provisions of Section 11-501.1, | 5 |
| evidence of refusal shall be admissible
in any civil or | 6 |
| criminal action or proceeding arising out of acts alleged
to | 7 |
| have been committed while the person under the influence of | 8 |
| alcohol,
other drug or drugs, or intoxicating compound or | 9 |
| compounds, or
any combination thereof was driving or in actual | 10 |
| physical
control of a motor vehicle.
| 11 |
| 2. Notwithstanding any ability to refuse under this | 12 |
| Code to submit to
these tests or any ability to revoke the | 13 |
| implied consent to these tests, if a
law enforcement | 14 |
| officer has probable cause to believe that a motor vehicle
| 15 |
| driven by or in actual physical control of a person under | 16 |
| the influence of
alcohol, other drug or drugs, or | 17 |
| intoxicating compound or
compounds,
or any combination | 18 |
| thereof
has caused the death or
personal injury to another, | 19 |
| that person shall submit, upon the request of a law
| 20 |
| enforcement officer, to a chemical test or tests of his or | 21 |
| her blood, breath , saliva, or
urine for the purpose of
| 22 |
| determining the alcohol content thereof or the presence of | 23 |
| any other drug or
combination of both.
| 24 |
| This provision does not affect the applicability of or | 25 |
| imposition of driver's
license sanctions under Section |
|
|
|
09500HB0592ham001 |
- 6 - |
LRB095 07709 DRH 33855 a |
|
| 1 |
| 11-501.1 of this Code.
| 2 |
| 3. For purposes of this Section, a personal injury | 3 |
| includes any Type A
injury as indicated on the traffic | 4 |
| accident report completed by a law
enforcement officer that | 5 |
| requires immediate professional attention in either a
| 6 |
| doctor's office or a medical facility. A Type A injury | 7 |
| includes severe
bleeding wounds, distorted extremities, | 8 |
| and injuries that require the injured
party to be carried | 9 |
| from the scene.
| 10 |
| (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828, | 11 |
| eff. 1-1-01.)
| 12 |
| (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| 13 |
| Sec. 11-501.6. Driver involvement in personal injury or | 14 |
| fatal motor
vehicle accident - chemical test.
| 15 |
| (a) Any person who drives or is in actual control of a | 16 |
| motor vehicle
upon the public highways of this State and who | 17 |
| has been involved in a
personal injury or fatal motor vehicle | 18 |
| accident, shall be deemed to have
given consent to a breath | 19 |
| test using a portable device as approved by the
Department of | 20 |
| State Police or to a chemical test or tests
of blood, breath, | 21 |
| saliva, or
urine for the purpose of determining the content of | 22 |
| alcohol,
other
drug or drugs, or intoxicating compound or | 23 |
| compounds of such
person's blood if arrested as evidenced by | 24 |
| the issuance of a Uniform Traffic
Ticket for any violation of | 25 |
| the Illinois Vehicle Code or a similar provision of
a local |
|
|
|
09500HB0592ham001 |
- 7 - |
LRB095 07709 DRH 33855 a |
|
| 1 |
| ordinance, with the exception of equipment violations | 2 |
| contained in
Chapter 12 of this Code, or similar provisions of | 3 |
| local ordinances. The test
or tests shall be administered at | 4 |
| the direction of the arresting officer. The
law enforcement | 5 |
| agency employing the officer shall designate which of the
| 6 |
| aforesaid tests shall be administered. A urine test may be | 7 |
| administered even
after a blood , saliva, or breath test or any | 8 |
| combination of those tests
both has been administered. | 9 |
| Compliance with
this Section does not relieve such person from | 10 |
| the requirements of Section
11-501.1 of this Code.
| 11 |
| (b) Any person who is dead, unconscious or who is otherwise | 12 |
| in a
condition rendering such person incapable of refusal shall | 13 |
| be deemed not to
have withdrawn the consent provided by | 14 |
| subsection (a) of this Section. In
addition, if a driver of a | 15 |
| vehicle is receiving medical treatment as a
result of a motor | 16 |
| vehicle accident, any physician licensed to practice
medicine, | 17 |
| registered nurse or a phlebotomist acting under the direction | 18 |
| of
a licensed physician shall withdraw blood for testing | 19 |
| purposes to ascertain
the presence of alcohol, other drug or | 20 |
| drugs, or intoxicating
compound or compounds, upon the specific | 21 |
| request of a law
enforcement officer. However, no such testing | 22 |
| shall be performed until, in
the opinion of the medical | 23 |
| personnel on scene, the withdrawal can be made
without | 24 |
| interfering with or endangering the well-being of the patient.
| 25 |
| (c) A person requested to submit to a test as provided | 26 |
| above shall be
warned by the law enforcement officer requesting |
|
|
|
09500HB0592ham001 |
- 8 - |
LRB095 07709 DRH 33855 a |
|
| 1 |
| the test that a refusal to
submit to the test, or submission to | 2 |
| the test resulting in an alcohol
concentration of 0.08 or more, | 3 |
| or any amount of a drug, substance,
or intoxicating compound
| 4 |
| resulting from the unlawful use or consumption of cannabis, as | 5 |
| covered by the
Cannabis Control Act, a controlled substance | 6 |
| listed in the Illinois
Controlled Substances Act, or an | 7 |
| intoxicating compound listed in the Use of
Intoxicating | 8 |
| Compounds Act as detected in such person's blood , saliva, or | 9 |
| urine, may
result in the suspension of such person's privilege | 10 |
| to operate a motor vehicle.
The length of the suspension shall | 11 |
| be the same as outlined in Section
6-208.1 of this Code | 12 |
| regarding statutory summary suspensions.
| 13 |
| (d) If the person refuses testing or submits to a test | 14 |
| which discloses
an alcohol concentration of 0.08 or more, or | 15 |
| any amount of a drug,
substance,
or intoxicating compound in | 16 |
| such person's blood , saliva, or urine resulting from the
| 17 |
| unlawful use or
consumption of cannabis listed in the Cannabis | 18 |
| Control Act, a controlled
substance listed in the Illinois | 19 |
| Controlled Substances Act, or an
intoxicating
compound listed | 20 |
| in the Use of Intoxicating Compounds Act, the law
enforcement | 21 |
| officer shall immediately submit a sworn report to the | 22 |
| Secretary of
State on a form prescribed by the Secretary, | 23 |
| certifying that the test or tests
were requested pursuant to | 24 |
| subsection (a) and the person refused to submit to a
test or | 25 |
| tests or submitted to testing which disclosed an alcohol | 26 |
| concentration
of 0.08 or more, or any amount of a drug, |
|
|
|
09500HB0592ham001 |
- 9 - |
LRB095 07709 DRH 33855 a |
|
| 1 |
| substance, or intoxicating
compound
in such
person's blood , | 2 |
| saliva, or urine, resulting from the unlawful use or | 3 |
| consumption of
cannabis listed in the Cannabis Control Act, a | 4 |
| controlled substance
listed in
the Illinois Controlled | 5 |
| Substances Act, or an intoxicating compound listed in
the Use | 6 |
| of Intoxicating Compounds Act.
| 7 |
| Upon receipt of the sworn report of a law enforcement | 8 |
| officer, the
Secretary shall enter the suspension to the | 9 |
| individual's driving record and the
suspension shall be | 10 |
| effective on the 46th day following the date notice of the
| 11 |
| suspension was given to the person.
| 12 |
| The law enforcement officer submitting the sworn report | 13 |
| shall serve immediate
notice of this suspension on the person | 14 |
| and such suspension shall be effective
on the 46th day | 15 |
| following the date notice was given.
| 16 |
| In cases where the blood alcohol concentration of 0.08 or | 17 |
| more,
or any amount
of a drug, substance, or intoxicating | 18 |
| compound resulting from the unlawful
use or
consumption of | 19 |
| cannabis as listed in the Cannabis Control Act, a
controlled
| 20 |
| substance listed in the Illinois Controlled Substances Act, or | 21 |
| an
intoxicating
compound listed in the Use of Intoxicating | 22 |
| Compounds Act, is established by a
subsequent analysis of | 23 |
| blood , saliva, or urine collected at the time of arrest, the
| 24 |
| arresting officer shall give notice as provided in this Section | 25 |
| or by deposit
in the United States mail of such notice in an | 26 |
| envelope with postage prepaid
and addressed to such person at |
|
|
|
09500HB0592ham001 |
- 10 - |
LRB095 07709 DRH 33855 a |
|
| 1 |
| his address as shown on the Uniform Traffic
Ticket and the | 2 |
| suspension shall be effective on the 46th day following the | 3 |
| date
notice was given.
| 4 |
| Upon receipt of the sworn report of a law enforcement | 5 |
| officer, the Secretary
shall also give notice of the suspension | 6 |
| to the driver by mailing a notice of
the effective date of the | 7 |
| suspension to the individual. However, should the
sworn report | 8 |
| be defective by not containing sufficient information or be
| 9 |
| completed in error, the notice of the suspension shall not be | 10 |
| mailed to the
person or entered to the driving record, but | 11 |
| rather the sworn report shall be
returned to the issuing law | 12 |
| enforcement agency.
| 13 |
| (e) A driver may contest this suspension of his driving | 14 |
| privileges by
requesting an administrative hearing with the | 15 |
| Secretary in accordance with
Section 2-118 of this Code. At the | 16 |
| conclusion of a hearing held under
Section 2-118 of this Code, | 17 |
| the Secretary may rescind, continue, or modify the
order of | 18 |
| suspension. If the Secretary does not rescind the order, a | 19 |
| restricted
driving permit may be granted by the Secretary upon | 20 |
| application being made and
good cause shown. A restricted | 21 |
| driving permit may be granted to relieve undue
hardship to | 22 |
| allow driving for employment, educational, and medical | 23 |
| purposes as
outlined in Section 6-206 of this Code. The | 24 |
| provisions of Section 6-206 of
this Code shall apply.
| 25 |
| (f) (Blank).
| 26 |
| (g) For the purposes of this Section, a personal injury |
|
|
|
09500HB0592ham001 |
- 11 - |
LRB095 07709 DRH 33855 a |
|
| 1 |
| shall include
any type A injury as indicated on the traffic | 2 |
| accident report completed
by a law enforcement officer that | 3 |
| requires immediate professional attention
in either a doctor's | 4 |
| office or a medical facility. A type A injury shall
include | 5 |
| severely bleeding wounds, distorted extremities, and injuries | 6 |
| that
require the injured party to be carried from the scene.
| 7 |
| (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-357, | 8 |
| eff.
7-29-99; 91-828, eff. 1-1-01.)".
|
|