Full Text of HB0043 98th General Assembly
HB0043 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0043 Introduced 1/9/2013, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: | | |
Amends the Illinois Vehicle Code. Makes a technical change in a
Section concerning statutory summary suspensions.
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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 | | Section 11-501.1 as follows:
| 6 | | (625 ILCS 5/11-501.1)
| 7 | | Sec. 11-501.1. Suspension of drivers license; statutory | 8 | | summary
alcohol, other drug or drugs, or intoxicating compound | 9 | | or
compounds related suspension or revocation; implied | 10 | | consent. | 11 | | (a) Any person who drives or is in actual physical control | 12 | | of a motor
vehicle upon the the public highways of this State | 13 | | shall be deemed to have given
consent, subject to the | 14 | | provisions of Section 11-501.2, to a chemical test or
tests of | 15 | | blood, breath, or urine for the purpose of determining the | 16 | | content of
alcohol, other drug or drugs, or intoxicating | 17 | | compound or compounds or
any combination thereof in the | 18 | | person's blood if arrested,
as evidenced by the issuance of a | 19 | | Uniform Traffic Ticket, for any offense
as defined in Section | 20 | | 11-501 or a similar provision of a local ordinance, or if | 21 | | arrested for violating Section 11-401.
If a law enforcement | 22 | | officer has probable cause to believe the person was under the | 23 | | influence of alcohol, other drug or drugs, intoxicating |
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| 1 | | compound or compounds, or any combination thereof, the law | 2 | | enforcement officer shall request a chemical test or tests | 3 | | which shall be administered at the direction of the arresting
| 4 | | officer. The law enforcement agency employing the officer shall | 5 | | designate which
of the aforesaid tests shall be administered. A | 6 | | urine test may be administered
even after a blood or breath | 7 | | test or both has
been administered. For purposes of this | 8 | | Section, an Illinois law
enforcement officer of this State who | 9 | | is investigating the person for any
offense defined in Section | 10 | | 11-501 may travel into an adjoining state, where
the person has | 11 | | been transported for medical care, to complete an
investigation | 12 | | and to request that the person submit to the test or tests
set | 13 | | forth in this Section. The requirements of this Section that | 14 | | the
person be arrested are inapplicable, but the officer shall | 15 | | issue the person
a Uniform Traffic Ticket for an offense as | 16 | | defined in Section 11-501 or a
similar provision of a local | 17 | | ordinance prior to requesting that the person
submit to the | 18 | | test or tests. The issuance of the Uniform Traffic Ticket
shall | 19 | | not constitute an arrest, but shall be for the purpose of | 20 | | notifying
the person that he or she is subject to the | 21 | | provisions of this Section and
of the officer's belief of the | 22 | | existence of probable cause to
arrest. Upon returning to this | 23 | | State, the officer shall file the Uniform
Traffic Ticket with | 24 | | the Circuit Clerk of the county where the offense was
| 25 | | committed, and shall seek the issuance of an arrest warrant or | 26 | | a summons
for the person. |
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| 1 | | (b) Any person who is dead, unconscious, or who is | 2 | | otherwise in a condition
rendering the person incapable of | 3 | | refusal, shall be deemed not to have
withdrawn the consent | 4 | | provided by paragraph (a) of this Section and the test or
tests | 5 | | may be administered, subject to the provisions of Section | 6 | | 11-501.2. | 7 | | (c) A person requested to submit to a test as provided | 8 | | above shall
be warned by the law enforcement officer requesting | 9 | | the test that a
refusal to submit to the test will result in | 10 | | the statutory summary
suspension of the person's privilege to | 11 | | operate a motor vehicle, as provided
in Section 6-208.1 of this | 12 | | Code, and will also result in the disqualification of the | 13 | | person's privilege to operate a commercial motor vehicle, as | 14 | | provided in Section 6-514 of this Code, if the person is a CDL | 15 | | holder. The person shall also be warned that a refusal to | 16 | | submit to the test, when the person was involved in a motor | 17 | | vehicle accident that caused personal injury or death to | 18 | | another, will result in the statutory summary revocation of the | 19 | | person's privilege to operate a motor vehicle, as provided in | 20 | | Section 6-208.1, and will also result in the disqualification | 21 | | of the person's privilege to operate a commercial motor | 22 | | vehicle, as provided in Section 6-514 of this Code, if the | 23 | | person is a CDL holder. The person shall also be warned by the | 24 | | law
enforcement officer that if the person submits to the test | 25 | | or tests
provided in paragraph (a) of this Section and the | 26 | | alcohol concentration in
the person's blood or breath is 0.08 |
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| 1 | | or greater, or any amount of
a
drug, substance, or compound | 2 | | resulting from the unlawful use or consumption
of cannabis as | 3 | | covered by the Cannabis Control Act, a controlled
substance
| 4 | | listed in the Illinois Controlled Substances Act, an | 5 | | intoxicating compound
listed in the Use of Intoxicating | 6 | | Compounds Act, or methamphetamine as listed in the | 7 | | Methamphetamine Control and Community Protection Act is | 8 | | detected in the person's
blood or urine, a statutory summary | 9 | | suspension of the person's privilege to
operate a motor | 10 | | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| 11 | | Code, and a disqualification of
the person's privilege to | 12 | | operate a commercial motor vehicle, as provided in Section | 13 | | 6-514 of this Code, if the person is a CDL holder, will be | 14 | | imposed. | 15 | | A person who is under the age of 21 at the time the person | 16 | | is requested to
submit to a test as provided above shall, in | 17 | | addition to the warnings provided
for in this Section, be | 18 | | further warned by the law enforcement officer
requesting the | 19 | | test that if the person submits to the test or tests provided | 20 | | in
paragraph (a) of this Section and the alcohol concentration | 21 | | in the person's
blood or breath is greater than 0.00 and less | 22 | | than 0.08, a
suspension of the
person's privilege to operate a | 23 | | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | 24 | | of this Code, will be imposed. The results of this test
shall | 25 | | be admissible in a civil or criminal action or proceeding | 26 | | arising from an
arrest for an offense as defined in Section |
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| 1 | | 11-501 of this Code or a similar
provision of a local ordinance | 2 | | or pursuant to Section 11-501.4 in prosecutions
for reckless | 3 | | homicide brought under the Criminal Code of 1961. These test
| 4 | | results, however, shall be admissible only in actions or | 5 | | proceedings directly
related to the incident upon which the | 6 | | test request was made. | 7 | | (d) If the person refuses testing or submits to a test that | 8 | | discloses
an alcohol concentration of 0.08 or more, or any | 9 | | amount of a drug,
substance, or intoxicating compound in the | 10 | | person's breath, blood,
or urine resulting from the
unlawful | 11 | | use or consumption of cannabis listed in the Cannabis Control | 12 | | Act, a controlled substance listed in the Illinois Controlled | 13 | | Substances
Act, an intoxicating compound listed in the Use of | 14 | | Intoxicating Compounds
Act, or methamphetamine as listed in the | 15 | | Methamphetamine Control and Community Protection Act, the law | 16 | | enforcement officer shall immediately submit a sworn report to
| 17 | | the
circuit court of venue and the Secretary of State, | 18 | | certifying that the test or
tests was or were requested under | 19 | | paragraph (a) and the person refused to
submit to a test, or | 20 | | tests, or submitted to testing that disclosed an alcohol
| 21 | | concentration of 0.08 or more. | 22 | | (e) Upon receipt of the sworn report of a law enforcement | 23 | | officer
submitted under paragraph (d), the Secretary of State | 24 | | shall enter the
statutory summary suspension or revocation and | 25 | | disqualification for the periods specified in Sections
6-208.1 | 26 | | and 6-514, respectively,
and effective as provided in paragraph |
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| 1 | | (g). | 2 | | If the person is a first offender as defined in Section | 3 | | 11-500 of this
Code, and is not convicted of a violation of | 4 | | Section 11-501
of this Code or a similar provision of a local | 5 | | ordinance, then reports
received by the Secretary of State | 6 | | under this Section shall, except during
the actual time the | 7 | | Statutory Summary Suspension is in effect, be
privileged | 8 | | information and for use only by the courts, police officers,
| 9 | | prosecuting authorities or the Secretary of State, unless the | 10 | | person is a CDL holder, is operating a commercial motor vehicle | 11 | | or vehicle required to be placarded for hazardous materials, in | 12 | | which case the suspension shall not be privileged. Reports | 13 | | received by the Secretary of State under this Section shall | 14 | | also be made available to the parent or guardian of a person | 15 | | under the age of 18 years that holds an instruction permit or a | 16 | | graduated driver's license, regardless of whether the | 17 | | statutory summary suspension is in effect. A statutory summary | 18 | | revocation shall not be privileged information. | 19 | | (f) The law enforcement officer submitting the sworn report | 20 | | under paragraph
(d) shall serve immediate notice of the | 21 | | statutory summary suspension or revocation on the
person and | 22 | | the suspension or revocation and disqualification shall be | 23 | | effective as provided in paragraph (g). In
cases where the | 24 | | blood alcohol concentration of 0.08 or greater or
any amount of
| 25 | | a drug, substance, or compound resulting from the unlawful use | 26 | | or consumption
of cannabis as covered by the Cannabis Control |
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| 1 | | Act, a controlled
substance
listed in the Illinois Controlled | 2 | | Substances Act,
an intoxicating compound
listed in the Use of | 3 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 4 | | Methamphetamine Control and Community Protection Act is | 5 | | established by a
subsequent
analysis of blood or urine | 6 | | collected at the time of arrest, the arresting
officer or | 7 | | arresting agency shall give notice as provided in this Section | 8 | | or by
deposit in the United States mail of the notice in an | 9 | | envelope with postage
prepaid and addressed to the person at | 10 | | his address as shown on the Uniform
Traffic Ticket and the | 11 | | statutory summary suspension and disqualification shall begin | 12 | | as provided in
paragraph (g). The officer shall confiscate any | 13 | | Illinois driver's license or
permit on the person at the time | 14 | | of arrest. If the person has a valid driver's
license or | 15 | | permit, the officer shall issue the person a receipt, in
a form | 16 | | prescribed by the Secretary of State, that will allow that | 17 | | person
to drive during the periods provided for in paragraph | 18 | | (g). The officer
shall immediately forward the driver's license | 19 | | or permit to the circuit
court of venue along with the sworn | 20 | | report provided for in
paragraph (d). | 21 | | (g) The statutory summary suspension or revocation and | 22 | | disqualification
referred to in this Section shall
take effect | 23 | | on the 46th day following the date the notice of the statutory
| 24 | | summary suspension or revocation was given to the person. | 25 | | (h) The following procedure shall apply
whenever a person | 26 | | is arrested for any offense as defined in Section 11-501
or a |
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| 1 | | similar provision of a local ordinance: | 2 | | Upon receipt of the sworn report from the law enforcement | 3 | | officer,
the Secretary of State shall confirm the statutory | 4 | | summary suspension or revocation by
mailing a notice of the | 5 | | effective date of the suspension or revocation to the person | 6 | | and
the court of venue. The Secretary of State shall also mail | 7 | | notice of the effective date of the disqualification to the | 8 | | person. However, should the sworn report be defective by not
| 9 | | containing sufficient information or be completed in error, the
| 10 | | confirmation of the statutory summary suspension or revocation | 11 | | shall not be mailed to the
person or entered to the record; | 12 | | instead, the sworn report shall
be
forwarded to the court of | 13 | | venue with a copy returned to the issuing agency
identifying | 14 | | any defect. | 15 | | (i) As used in this Section, "personal injury" includes any | 16 | | Type A injury as indicated on the traffic accident report | 17 | | completed by a law enforcement officer that requires immediate | 18 | | professional attention in either a doctor's office or a medical | 19 | | facility. A Type A injury includes severely bleeding wounds, | 20 | | distorted extremities, and injuries that require the injured | 21 | | party to be carried from the scene. | 22 | | (Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; | 23 | | 97-333, eff. 8-12-11; 97-471, eff. 8-22-11.)
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