Full Text of HB5900 95th General Assembly
HB5900 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5900
Introduced , by Rep. Franco Coladipietro - Jim Sacia - Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-501.2 |
from Ch. 95 1/2, par. 11-501.2 |
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Amends the Illinois Vehicle Code. Provides that a hospital or other medical facility that has been requested by a law enforcement officer or agency to conduct a chemical test or tests on the blood, breath, urine, or other bodily
substance of a person for the purpose of determining the alcohol content thereof or the presence of any other drug or combination of drugs, or both, is immune from criminal and civil liability for the conduct of such tests and the disclosure of such test results to the law enforcement agency or law enforcement officer that requested such tests, except in cases of willful or wanton misconduct.
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A BILL FOR
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HB5900 |
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LRB095 15688 RLC 41695 b |
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| AN ACT concerning vehicles.
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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 11-501.2 as follows:
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| (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
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| Sec. 11-501.2. Chemical and other tests.
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| (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
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| 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 | 17 |
| shall apply:
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| 1. Chemical analyses of the person's blood, urine, | 19 |
| breath or other bodily
substance to be considered valid | 20 |
| under the provisions of this Section shall
have been | 21 |
| performed according to standards promulgated by the | 22 |
| Department of State Police
by
a licensed physician, | 23 |
| registered nurse, trained phlebotomist acting under the
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| direction of a licensed physician, certified paramedic, or | 2 |
| other individual
possessing a valid permit issued by that | 3 |
| Department for
this purpose. The Director of State Police | 4 |
| is authorized to approve satisfactory
techniques or | 5 |
| methods, to ascertain the qualifications and competence of
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| individuals to conduct such analyses, to issue permits | 7 |
| which shall be subject
to termination or revocation at the | 8 |
| discretion of that Department and to
certify the accuracy | 9 |
| of breath testing equipment. The Department
of
State Police | 10 |
| shall prescribe regulations as necessary to
implement this
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| Section.
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| 2. When a person in this State shall submit to a blood | 13 |
| test at the request
of a law enforcement officer under the | 14 |
| provisions of Section 11-501.1, only a
physician | 15 |
| authorized to practice medicine, a registered nurse, | 16 |
| trained
phlebotomist, or certified paramedic, or other
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| qualified person approved by the Department of State Police | 18 |
| may withdraw blood
for the purpose of determining the | 19 |
| alcohol, drug, or alcohol and drug content
therein. This | 20 |
| limitation shall not apply to the taking of breath or urine
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| specimens.
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| When a blood test of a person who has been taken to an | 23 |
| adjoining state
for medical treatment is requested by an | 24 |
| Illinois law enforcement officer,
the blood may be | 25 |
| withdrawn only by a physician authorized to practice
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| medicine in the adjoining state, a registered nurse, a |
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LRB095 15688 RLC 41695 b |
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| trained
phlebotomist acting under the direction of the | 2 |
| physician, or certified
paramedic. The law
enforcement | 3 |
| officer requesting the test shall take custody of the blood
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| sample, and the blood sample shall be analyzed by a | 5 |
| laboratory certified by the
Department of State Police for | 6 |
| that purpose.
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| 3. The person tested may have a physician, or a | 8 |
| qualified technician,
chemist, registered nurse, or other | 9 |
| qualified person of their own choosing
administer a | 10 |
| chemical test or tests in addition to any administered at | 11 |
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direction of a law enforcement officer. The failure or | 12 |
| inability to obtain
an additional test by a person shall | 13 |
| not preclude the admission of evidence
relating to the test | 14 |
| or tests taken at the direction of a law enforcement
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| officer.
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| 4. Upon the request of the person who shall submit to a | 17 |
| chemical test
or tests at the request of a law enforcement | 18 |
| officer, full information
concerning the test or tests | 19 |
| shall be made available to the person or such
person's | 20 |
| attorney.
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| 5. Alcohol concentration shall mean either grams of | 22 |
| alcohol per 100
milliliters of blood or grams of alcohol | 23 |
| per 210 liters of breath.
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| (b) Upon the trial of any civil or criminal action or | 25 |
| proceeding arising
out of acts alleged to have been committed | 26 |
| by any person while driving or
in actual physical control of a |
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| vehicle while under the influence of alcohol,
the concentration | 2 |
| of alcohol in the person's blood or breath at the time
alleged | 3 |
| as shown by analysis of the person's blood, urine, breath, or | 4 |
| other
bodily substance shall give rise to the following | 5 |
| presumptions:
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| 1. If there was at that time an alcohol concentration | 7 |
| of 0.05 or less,
it shall be presumed that the person was | 8 |
| not under the influence of alcohol.
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| 2. If there was at that time an alcohol concentration | 10 |
| in excess of 0.05
but less than 0.08, such facts shall not | 11 |
| give rise to any
presumption that
the person was or was not | 12 |
| under the influence of alcohol, but such fact
may be | 13 |
| considered with other competent evidence in determining | 14 |
| whether the
person was under the influence of alcohol.
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| 3. If there was at that time an alcohol concentration | 16 |
| of 0.08
or more,
it shall be presumed that the person was | 17 |
| under the influence of alcohol.
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| 4. The foregoing provisions of this Section shall not | 19 |
| be construed as
limiting the introduction of any other | 20 |
| relevant evidence bearing upon the
question whether the | 21 |
| person was under the influence of alcohol.
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| (c) 1. If a person under arrest refuses to submit to a | 23 |
| chemical test
under
the provisions of Section 11-501.1, | 24 |
| evidence of refusal shall be admissible
in any civil or | 25 |
| criminal action or proceeding arising out of acts alleged
to |
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| have been committed while the person under the influence of | 2 |
| alcohol,
other drug or drugs, or intoxicating compound or | 3 |
| compounds, or
any combination thereof was driving or in actual | 4 |
| physical
control of a motor vehicle.
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| 2. Notwithstanding any ability to refuse under this | 6 |
| Code to submit to
these tests or any ability to revoke the | 7 |
| implied consent to these tests, if a
law enforcement | 8 |
| officer has probable cause to believe that a motor vehicle
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| driven by or in actual physical control of a person under | 10 |
| the influence of
alcohol, other drug or drugs, or | 11 |
| intoxicating compound or
compounds,
or any combination | 12 |
| thereof
has caused the death or
personal injury to another, | 13 |
| that person shall submit, upon the request of a law
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| enforcement officer, to a chemical test or tests of his or | 15 |
| her blood, breath or
urine for the purpose of
determining | 16 |
| the alcohol content thereof or the presence of any other | 17 |
| drug or
combination of both.
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| This provision does not affect the applicability of or | 19 |
| imposition of driver's
license sanctions under Section | 20 |
| 11-501.1 of this Code.
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| 3. For purposes of this Section, a personal injury | 22 |
| includes any Type A
injury as indicated on the traffic | 23 |
| accident report completed by a law
enforcement officer that | 24 |
| requires immediate professional attention in either a
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| doctor's office or a medical facility. A Type A injury | 26 |
| includes severe
bleeding wounds, distorted extremities, |
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| and injuries that require the injured
party to be carried | 2 |
| from the scene. | 3 |
| 4. For purposes of this Section, a hospital or other | 4 |
| medical facility that has been requested by a law | 5 |
| enforcement officer or agency to conduct a chemical test or | 6 |
| tests on the blood, breath, urine, or other bodily
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| substance of a person for the purpose of determining the | 8 |
| alcohol content thereof or the presence of any other drug | 9 |
| or combination of drugs, or both, is immune from criminal | 10 |
| and civil liability for the conduct of such tests and the | 11 |
| disclosure of such test results to the law enforcement | 12 |
| agency or law enforcement officer that requested such | 13 |
| tests, except in cases of willful or wanton misconduct.
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| (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828, | 15 |
| eff. 1-1-01.)
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