Full Text of HB4583 97th General Assembly
HB4583 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4583 Introduced 2/1/2012, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-501.2 | from Ch. 95 1/2, par. 11-501.2 | 625 ILCS 5/11-501.8 | |
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Amends the Illinois Vehicle Code. Removes certified paramedics from the list of persons within the State qualified to draw blood for alcohol and drug testing. Provides that a qualified person certified (instead of "trained") in venipuncture and acting under the direction of a licensed physician
may withdraw blood for the purpose of determining the alcohol content therein.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 | | Sections 11-501.2 and 11-501.8 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, certified |
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| 1 | | paramedic, or other individual
possessing a valid permit | 2 | | issued by that Department for
this purpose. The Director of | 3 | | State Police is authorized to approve satisfactory
| 4 | | techniques or methods, to ascertain the qualifications and | 5 | | competence of
individuals to conduct such analyses, to | 6 | | issue permits which shall be subject
to termination or | 7 | | revocation at the discretion of that Department and to
| 8 | | certify the accuracy of breath testing equipment. The | 9 | | Department
of
State Police shall prescribe regulations as | 10 | | necessary to
implement this
Section.
| 11 | | 2. When a person in this State shall submit to a blood | 12 | | test at the request
of a law enforcement officer under the | 13 | | provisions of Section 11-501.1, only a
physician | 14 | | authorized to practice medicine, a licensed physician | 15 | | assistant, a licensed advanced practice nurse, a | 16 | | registered nurse, trained
phlebotomist, or certified | 17 | | paramedic, or other
qualified person approved by the | 18 | | Department of State Police may withdraw blood
for the | 19 | | purpose of determining the alcohol, drug, or alcohol and | 20 | | drug content
therein. This limitation shall not apply to | 21 | | the taking of breath or urine
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 licensed physician |
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| 1 | | assistant, a licensed advanced practice nurse, a | 2 | | registered nurse, a trained
phlebotomist acting under the | 3 | | direction of the physician, or certified
paramedic. The law
| 4 | | enforcement officer requesting the test shall take custody | 5 | | of the blood
sample, and the blood sample shall be analyzed | 6 | | by a laboratory certified by the
Department of State Police | 7 | | for that purpose.
| 8 | | 3. The person tested may have a physician, or a | 9 | | qualified technician,
chemist, registered nurse, or other | 10 | | qualified person of their own choosing
administer a | 11 | | chemical test or tests in addition to any administered at | 12 | | the
direction of a law enforcement officer. The failure or | 13 | | inability to obtain
an additional test by a person shall | 14 | | not preclude the admission of evidence
relating to the test | 15 | | or tests taken at the direction of a law enforcement
| 16 | | officer.
| 17 | | 4. Upon the request of the person who shall submit to a | 18 | | chemical test
or tests at the request of a law enforcement | 19 | | officer, full information
concerning the test or tests | 20 | | shall be made available to the person or such
person's | 21 | | attorney.
| 22 | | 5. Alcohol concentration shall mean either grams of | 23 | | alcohol per 100
milliliters of blood or grams of alcohol | 24 | | per 210 liters of breath.
| 25 | | (b) Upon the trial of any civil or criminal action or | 26 | | proceeding arising
out of acts alleged to have been committed |
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| 1 | | by any person while driving or
in actual physical control of a | 2 | | vehicle while under the influence of alcohol,
the concentration | 3 | | of alcohol in the person's blood or breath at the time
alleged | 4 | | as shown by analysis of the person's blood, urine, breath, or | 5 | | other
bodily substance shall give rise to the following | 6 | | presumptions:
| 7 | | 1. If there was at that time an alcohol concentration | 8 | | of 0.05 or less,
it shall be presumed that the person was | 9 | | not under the influence of alcohol.
| 10 | | 2. If there was at that time an alcohol concentration | 11 | | in excess of 0.05
but less than 0.08, such facts shall not | 12 | | give rise to any
presumption that
the person was or was not | 13 | | under the influence of alcohol, but such fact
may be | 14 | | considered with other competent evidence in determining | 15 | | whether the
person was under the influence of alcohol.
| 16 | | 3. If there was at that time an alcohol concentration | 17 | | of 0.08
or more,
it shall be presumed that the person was | 18 | | under the influence of alcohol.
| 19 | | 4. The foregoing provisions of this Section shall not | 20 | | be construed as
limiting the introduction of any other | 21 | | relevant evidence bearing upon the
question whether the | 22 | | person was under the influence of alcohol.
| 23 | | (c) 1. If a person under arrest refuses to submit to a | 24 | | chemical test
under
the provisions of Section 11-501.1, | 25 | | evidence of refusal shall be admissible
in any civil or | 26 | | criminal action or proceeding arising out of acts alleged
to |
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| 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 Code to | 6 | | submit to
these tests or any ability to revoke the implied | 7 | | consent to these tests, if a
law enforcement officer has | 8 | | probable cause to believe that a motor vehicle
driven by or in | 9 | | actual physical control of a person under the influence of
| 10 | | alcohol, other drug or drugs, or intoxicating compound or
| 11 | | compounds,
or any combination thereof
has caused the death or
| 12 | | personal injury to another, the law enforcement officer shall | 13 | | request, and that person shall submit, upon the request of a | 14 | | law
enforcement officer, to a chemical test or tests of his or | 15 | | her blood, breath or
urine for the purpose of
determining the | 16 | | alcohol content thereof or the presence of any other drug or
| 17 | | 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 includes | 22 | | any Type A
injury as indicated on the traffic accident report | 23 | | completed by a law
enforcement officer that requires immediate | 24 | | professional attention in either a
doctor's office or a medical | 25 | | facility. A Type A injury includes severe
bleeding wounds, | 26 | | distorted extremities, and injuries that require the injured
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| 1 | | party to be carried from the scene.
| 2 | | (Source: P.A. 96-289, eff. 8-11-09; 97-450, eff. 8-19-11; | 3 | | 97-471, eff. 8-22-11; revised 10-4-11.)
| 4 | | (625 ILCS 5/11-501.8)
| 5 | | Sec. 11-501.8. Suspension of driver's license; persons | 6 | | under age 21.
| 7 | | (a) A person who is less than 21 years of age and who | 8 | | drives or
is in actual physical control of a motor vehicle upon | 9 | | the
public highways of this State shall be deemed to have given | 10 | | consent to a
chemical test or tests of blood, breath, or urine | 11 | | for the purpose of
determining the alcohol content of the | 12 | | person's blood if arrested, as evidenced
by the issuance of a | 13 | | Uniform Traffic Ticket for any violation of the Illinois
| 14 | | Vehicle Code or a similar provision of a local ordinance, if a | 15 | | police officer
has probable cause to believe that the driver | 16 | | has consumed any amount of an
alcoholic beverage based upon | 17 | | evidence of the driver's physical condition or
other first hand | 18 | | knowledge of the police officer. The test or tests shall be
| 19 | | administered at the direction of the arresting officer. The law | 20 | | enforcement
agency employing the officer shall designate which | 21 | | of the aforesaid tests shall
be administered. A urine test may | 22 | | be administered even after a blood or
breath test or both has | 23 | | been administered.
| 24 | | (b) A person who is dead, unconscious, or who is otherwise | 25 | | in a condition
rendering that person incapable of refusal, |
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| 1 | | shall be deemed not to have
withdrawn the consent provided by | 2 | | paragraph (a) of this Section and the test or
tests may be | 3 | | administered subject to the following provisions:
| 4 | | (i) Chemical analysis of the person's blood, urine, | 5 | | breath, or
other bodily substance, to be considered valid | 6 | | under the provisions of this
Section, shall have been | 7 | | performed according to standards promulgated by the | 8 | | Department of State
Police
by an individual possessing a | 9 | | valid permit issued by that Department for this
purpose. | 10 | | The Director of State Police is authorized to approve | 11 | | satisfactory
techniques or methods, to ascertain the | 12 | | qualifications and competence of
individuals to conduct | 13 | | analyses, to issue permits that shall be subject to
| 14 | | termination or revocation at the direction of that | 15 | | Department, and to certify
the accuracy of breath testing | 16 | | equipment. The Department of
State Police shall prescribe | 17 | | regulations as necessary.
| 18 | | (ii) When a person submits to a blood test at the | 19 | | request of a law
enforcement officer under the provisions | 20 | | of this Section, only a physician
authorized to practice | 21 | | medicine, a licensed physician assistant, a licensed | 22 | | advanced practice nurse, a registered nurse, or other | 23 | | qualified person
certified trained in venipuncture and | 24 | | acting under the direction of a licensed physician
may | 25 | | withdraw blood for the purpose of determining the alcohol | 26 | | content therein.
This limitation does not apply to the |
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| 1 | | taking of breath or urine specimens.
| 2 | | (iii) The person tested may have a physician, qualified | 3 | | technician,
chemist, registered nurse, or other qualified | 4 | | person of his or her own choosing
administer a chemical | 5 | | test or tests in addition to any test or tests
administered | 6 | | at the direction of a law enforcement officer. The failure | 7 | | or
inability to obtain an additional test by a person shall | 8 | | not preclude the
consideration of the previously performed | 9 | | chemical test.
| 10 | | (iv) Upon a request of the person who submits to a | 11 | | chemical test or
tests at the request of a law enforcement | 12 | | officer, full information concerning
the test or tests | 13 | | shall be made available to the person or that person's
| 14 | | attorney.
| 15 | | (v) Alcohol concentration means either grams of | 16 | | alcohol per 100
milliliters of blood or grams of alcohol | 17 | | per 210 liters of breath.
| 18 | | (vi) If a driver is receiving medical treatment as a | 19 | | result of a motor
vehicle accident, a physician licensed to | 20 | | practice medicine, licensed physician assistant, licensed | 21 | | advanced practice nurse, registered nurse,
or other | 22 | | qualified person certified trained in venipuncture and
| 23 | | acting under the direction of a licensed physician shall
| 24 | | withdraw blood for testing purposes to ascertain the | 25 | | presence of alcohol upon
the specific request of a law | 26 | | enforcement officer. However, that testing
shall not be |
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| 1 | | performed until, in the opinion of the medical personnel on | 2 | | scene,
the withdrawal can be made without interfering with | 3 | | or endangering the
well-being of the patient.
| 4 | | (c) A person requested to submit to a test as provided | 5 | | above shall be warned
by the law enforcement officer requesting | 6 | | the test that a refusal to submit to
the test, or submission to | 7 | | the test resulting in an alcohol concentration of
more than | 8 | | 0.00, may result in the loss of that person's privilege to | 9 | | operate a
motor vehicle and may result in the disqualification | 10 | | of the person's privilege to operate a commercial motor | 11 | | vehicle, as provided in Section 6-514 of this Code, if the | 12 | | person is a CDL holder. The loss of driving privileges shall be | 13 | | imposed in accordance
with Section 6-208.2 of this Code.
| 14 | | (d) If the person refuses testing or submits to a test that | 15 | | discloses an
alcohol concentration of more than 0.00, the law | 16 | | enforcement officer shall
immediately submit a sworn report to | 17 | | the Secretary of State on a form
prescribed by the Secretary of | 18 | | State, certifying that the test or tests were
requested under | 19 | | subsection (a) and the person refused to submit to a test
or | 20 | | tests or submitted to testing which disclosed an alcohol | 21 | | concentration of
more than 0.00. The law enforcement officer | 22 | | shall submit the same sworn report
when a person under the age | 23 | | of 21 submits to testing under Section
11-501.1 of this Code | 24 | | and the testing discloses an alcohol concentration of
more than | 25 | | 0.00 and less than 0.08.
| 26 | | Upon receipt of the sworn report of a law enforcement |
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| 1 | | officer, the Secretary
of State shall enter the suspension and | 2 | | disqualification on the individual's driving
record and the | 3 | | suspension and disqualification shall be effective on the 46th | 4 | | day following the date
notice of the suspension was given to | 5 | | the person. If this suspension is the
individual's first | 6 | | driver's license suspension under this Section, reports
| 7 | | received by the Secretary of State under this Section shall, | 8 | | except during the
time the suspension is in effect, be | 9 | | privileged information and for use only by
the courts, police | 10 | | officers, prosecuting authorities, the Secretary of State,
or | 11 | | the individual personally, unless the person is a CDL holder, | 12 | | is operating a commercial motor vehicle or vehicle required to | 13 | | be placarded for hazardous materials, in which case the | 14 | | suspension shall not be privileged.
Reports received by the | 15 | | Secretary of State under this Section shall also be made | 16 | | available to the parent or guardian of a person under the age | 17 | | of 18 years that holds an instruction permit or a graduated | 18 | | driver's license, regardless of whether the suspension is in | 19 | | effect.
| 20 | | The law enforcement officer submitting the sworn report | 21 | | shall serve immediate
notice of this suspension on the person | 22 | | and the suspension and disqualification shall
be effective on | 23 | | the 46th day following the date notice was given.
| 24 | | In cases where the blood alcohol concentration of more than | 25 | | 0.00 is
established by a subsequent analysis of blood or urine, | 26 | | the police officer or
arresting agency shall give notice as |
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| 1 | | provided in this Section or by deposit
in the United States | 2 | | mail of that notice in an envelope with postage prepaid
and | 3 | | addressed to that person at his last known address and the loss | 4 | | of driving
privileges shall be effective on the 46th day | 5 | | following the date notice was
given.
| 6 | | Upon receipt of the sworn report of a law enforcement | 7 | | officer, the Secretary
of State shall also give notice of the | 8 | | suspension and disqualification to the driver
by mailing a | 9 | | notice of the effective date of the suspension and | 10 | | disqualification to the individual.
However, should the sworn | 11 | | report be defective by not containing sufficient
information or | 12 | | be completed in error, the notice of the suspension and | 13 | | disqualification shall not be mailed to the person or entered | 14 | | to the driving record,
but rather the sworn report shall be | 15 | | returned to the issuing law enforcement
agency.
| 16 | | (e) A driver may contest this suspension and | 17 | | disqualification by requesting an
administrative hearing with | 18 | | the Secretary of State in accordance with Section
2-118 of this | 19 | | Code. An individual whose blood alcohol concentration is shown
| 20 | | to be more than 0.00 is not subject to this Section if he or she | 21 | | consumed
alcohol in the performance of a religious service or | 22 | | ceremony. An individual
whose blood alcohol concentration is | 23 | | shown to be more than 0.00 shall not be
subject to this Section | 24 | | if the individual's blood alcohol concentration
resulted only | 25 | | from ingestion of the prescribed or recommended dosage of
| 26 | | medicine that contained alcohol. The petition for that hearing |
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| 1 | | shall not stay
or delay the effective date of the impending | 2 | | suspension. The scope of this
hearing shall be limited to the | 3 | | issues of:
| 4 | | (1) whether the police officer had probable cause to | 5 | | believe that the
person was driving or in actual physical | 6 | | control of a motor vehicle upon the
public highways of the | 7 | | State and the police officer had reason to believe that
the | 8 | | person was in violation of any provision of the Illinois | 9 | | Vehicle Code or a
similar provision of a local ordinance; | 10 | | and
| 11 | | (2) whether the person was issued a Uniform Traffic | 12 | | Ticket for any
violation of the Illinois Vehicle Code or a | 13 | | similar provision of a local
ordinance; and
| 14 | | (3) whether the police officer had probable cause to | 15 | | believe that the
driver
had consumed any amount of an | 16 | | alcoholic beverage based upon the driver's
physical | 17 | | actions or other first-hand knowledge of the police | 18 | | officer; and
| 19 | | (4) whether the person, after being advised by the | 20 | | officer that the
privilege to operate a motor vehicle would | 21 | | be suspended if the person refused
to submit to and | 22 | | complete the test or tests, did refuse to submit to or
| 23 | | complete the test or tests to determine the person's | 24 | | alcohol concentration;
and
| 25 | | (5) whether the person, after being advised by the | 26 | | officer that the
privileges to operate a motor vehicle |
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| 1 | | would be suspended if the person submits
to a chemical test | 2 | | or tests and the test or tests disclose an alcohol
| 3 | | concentration of more than 0.00, did submit to and
complete | 4 | | the
test or tests that determined an alcohol concentration | 5 | | of more than 0.00; and
| 6 | | (6) whether the test result of an alcohol concentration | 7 | | of more than 0.00
was based upon the person's consumption | 8 | | of alcohol in the performance of a
religious service or | 9 | | ceremony; and
| 10 | | (7) whether the test result of an alcohol concentration | 11 | | of more than 0.00
was based upon the person's consumption | 12 | | of alcohol through ingestion of the
prescribed or | 13 | | recommended dosage of medicine.
| 14 | | At the conclusion of the hearing held under Section 2-118 | 15 | | of
this Code, the Secretary of State may rescind, continue, or | 16 | | modify the suspension and disqualification. If the Secretary of | 17 | | State does not rescind the suspension and disqualification, a
| 18 | | restricted driving permit may be granted by the Secretary of | 19 | | State upon
application being made and good cause shown. A | 20 | | restricted driving permit may be
granted to relieve undue | 21 | | hardship by allowing driving for employment,
educational, and | 22 | | medical purposes as outlined in item (3) of part (c) of
Section | 23 | | 6-206 of this Code. The provisions of item (3) of part (c) of | 24 | | Section
6-206 of this Code and of subsection (f) of that | 25 | | Section shall apply. The Secretary of State shall promulgate | 26 | | rules
providing for participation in an alcohol education and |
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| 1 | | awareness program or
activity, a drug education and awareness | 2 | | program or activity, or both as a
condition to the issuance of | 3 | | a restricted driving permit for suspensions
imposed under this | 4 | | Section.
| 5 | | (f) The results of any chemical testing performed in | 6 | | accordance with
subsection (a) of this Section are not | 7 | | admissible in any civil or criminal
proceeding, except that the | 8 | | results of the testing may be considered at a
hearing held | 9 | | under Section 2-118 of this Code. However, the results of
the | 10 | | testing may not be used to impose driver's license sanctions | 11 | | under
Section 11-501.1 of this Code. A law enforcement officer | 12 | | may, however, pursue
a statutory summary suspension or | 13 | | revocation of driving privileges under Section 11-501.1 of
this | 14 | | Code if other physical evidence or first hand knowledge forms | 15 | | the basis
of that suspension or revocation.
| 16 | | (g) This Section applies only to drivers who are under
age | 17 | | 21 at the time of the issuance of a Uniform Traffic Ticket for | 18 | | a
violation of the Illinois Vehicle Code or a similar provision | 19 | | of a local
ordinance, and a chemical test request is made under | 20 | | this Section.
| 21 | | (h) The action of the Secretary of State in suspending, | 22 | | revoking, cancelling, or
disqualifying any license or
permit | 23 | | shall be
subject to judicial review in the Circuit Court of | 24 | | Sangamon County or in the
Circuit Court of Cook County, and the | 25 | | provisions of the Administrative Review
Law and its rules are | 26 | | hereby adopted and shall apply to and govern every action
for |
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| 1 | | the judicial review of final acts or decisions of the Secretary | 2 | | of State
under this Section.
| 3 | | (Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; | 4 | | 97-333, eff. 8-12-11; 97-450, eff. 8-19-11.)
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