|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning vehicles.
| |||||||||||||||||||
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 11-501.2 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 | |||||||||||||||||||
17 | shall apply:
| |||||||||||||||||||
18 | 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
|
| |||||||
| |||||||
1 | 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
| ||||||
6 | 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
| ||||||
11 | Section.
| ||||||
12 | 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
| ||||||
17 | 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
| ||||||
21 | specimens.
| ||||||
22 | 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
| ||||||
26 | medicine in the adjoining state, a registered nurse, a |
| |||||||
| |||||||
1 | 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
| ||||||
4 | sample, and the blood sample shall be analyzed by a | ||||||
5 | laboratory certified by the
Department of State Police for | ||||||
6 | that purpose.
| ||||||
7 | 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 | the
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
| ||||||
15 | officer.
| ||||||
16 | 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.
| ||||||
21 | 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.
| ||||||
24 | (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 |
| |||||||
| |||||||
1 | 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:
| ||||||
6 | 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.
| ||||||
9 | 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.
| ||||||
15 | 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.
| ||||||
18 | 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.
| ||||||
22 | (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 |
| |||||||
| |||||||
1 | 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.
| ||||||
5 | 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
| ||||||
9 | 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
| ||||||
14 | 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.
| ||||||
18 | 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.
| ||||||
21 | 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
| ||||||
25 | doctor's office or a medical facility. A Type A injury | ||||||
26 | includes severe
bleeding wounds, distorted extremities, |
| |||||||
| |||||||
1 | 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
| ||||||
7 | 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.
| ||||||
14 | (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828, | ||||||
15 | eff. 1-1-01.)
|