Full Text of SB0634 99th General Assembly
SB0634 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0634 Introduced 1/28/2015, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | | |
Amends the Illinois Vehicle Code. Makes a technical change in a Section
concerning driving under the influence of alcohol or drugs.
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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 | | (a-5) In addition to the requirements and provisions of | 2 | | subsection (a), any person issued a registry card under the | 3 | | Compassionate Use of Medical Cannabis Pilot Program Act who | 4 | | drives or is in actual physical control of a motor vehicle upon | 5 | | the public highways of this State shall be deemed to have given | 6 | | consent, subject to the provisions of Section 11-501.2, to | 7 | | standardized field sobriety tests approved by the National | 8 | | Highway Traffic Safety Administration if arrested, as | 9 | | evidenced by the issuance of a Uniform Traffic Ticket, for any | 10 | | offense as defined in Section 11-501 or a similar provision of | 11 | | a local ordinance, or if arrested for violating Section 11-401. | 12 | | The person's status as a registry card holder alone is not a | 13 | | sufficient basis for conducting these tests. The officer must | 14 | | have an independent, cannabis-related factual basis giving | 15 | | reasonable suspicion that the person is driving under the | 16 | | influence of cannabis for conducting standardized field | 17 | | sobriety tests. This independent basis of suspicion shall be | 18 | | listed on the standardized field sobriety test results and any | 19 | | influence reports made by the arresting officer. | 20 | | (b) Any person who is dead, unconscious, or who is | 21 | | otherwise in a condition
rendering the person incapable of | 22 | | refusal, shall be deemed not to have
withdrawn the consent | 23 | | provided by paragraph (a) of this Section and the test or
tests | 24 | | may be administered, subject to the provisions of Section | 25 | | 11-501.2. | 26 | | (c) A person requested to submit to a test as provided |
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| 1 | | above shall
be warned by the law enforcement officer requesting | 2 | | the test that a
refusal to submit to the test will result in | 3 | | the statutory summary
suspension of the person's privilege to | 4 | | operate a motor vehicle, as provided
in Section 6-208.1 of this | 5 | | Code, and will also result in the disqualification of the | 6 | | person's privilege to operate a commercial motor vehicle, as | 7 | | provided in Section 6-514 of this Code, if the person is a CDL | 8 | | holder. The person shall also be warned that a refusal to | 9 | | submit to the test, when the person was involved in a motor | 10 | | vehicle accident that caused personal injury or death to | 11 | | another, will result in the statutory summary revocation of the | 12 | | person's privilege to operate a motor vehicle, as provided in | 13 | | Section 6-208.1, and will also result in the disqualification | 14 | | of the person's privilege to operate a commercial motor | 15 | | vehicle, as provided in Section 6-514 of this Code, if the | 16 | | person is a CDL holder. The person shall also be warned by the | 17 | | law
enforcement officer that if the person submits to the test | 18 | | or tests
provided in paragraph (a) of this Section and the | 19 | | alcohol concentration in
the person's blood or breath is 0.08 | 20 | | or greater, or any amount of
a
drug, substance, or compound | 21 | | resulting from the unlawful use or consumption
of cannabis as | 22 | | covered by the Cannabis Control Act, a controlled
substance
| 23 | | listed in the Illinois Controlled Substances Act, an | 24 | | intoxicating compound
listed in the Use of Intoxicating | 25 | | Compounds Act, or methamphetamine as listed in the | 26 | | Methamphetamine Control and Community Protection Act is |
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| 1 | | detected in the person's
blood or urine, or if the person fails | 2 | | the standardized field sobriety tests as required by paragraph | 3 | | (a-5), a statutory summary suspension of the person's privilege | 4 | | to
operate a motor vehicle, as provided in Sections 6-208.1 and | 5 | | 11-501.1 of this
Code, and a disqualification of
the person's | 6 | | privilege to operate a commercial motor vehicle, as provided in | 7 | | Section 6-514 of this Code, if the person is a CDL holder, will | 8 | | be imposed. | 9 | | A person who is under the age of 21 at the time the person | 10 | | is requested to
submit to a test as provided above shall, in | 11 | | addition to the warnings provided
for in this Section, be | 12 | | further warned by the law enforcement officer
requesting the | 13 | | test that if the person submits to the test or tests provided | 14 | | in
paragraph (a) or (a-5) of this Section and the alcohol | 15 | | concentration in the person's
blood or breath is greater than | 16 | | 0.00 and less than 0.08, a
suspension of the
person's privilege | 17 | | to operate a motor vehicle, as provided under Sections
6-208.2 | 18 | | and 11-501.8 of this Code, will be imposed. The results of this | 19 | | test
shall be admissible in a civil or criminal action or | 20 | | proceeding arising from an
arrest for an offense as defined in | 21 | | Section 11-501 of this Code or a similar
provision of a local | 22 | | ordinance or pursuant to Section 11-501.4 in prosecutions
for | 23 | | reckless homicide brought under the Criminal Code of 1961 or | 24 | | the Criminal Code of 2012. These test
results, however, shall | 25 | | be admissible only in actions or proceedings directly
related | 26 | | to the incident upon which the test request was made. |
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| 1 | | (d) If the person refuses testing or submits to a test that | 2 | | discloses
an alcohol concentration of 0.08 or more, or any | 3 | | amount of a drug,
substance, or intoxicating compound in the | 4 | | person's breath, blood,
or urine resulting from the
unlawful | 5 | | use or consumption of cannabis listed in the Cannabis Control | 6 | | Act, a controlled substance listed in the Illinois Controlled | 7 | | Substances
Act, an intoxicating compound listed in the Use of | 8 | | Intoxicating Compounds
Act, or methamphetamine as listed in the | 9 | | Methamphetamine Control and Community Protection Act, the law | 10 | | enforcement officer shall immediately submit a sworn report to
| 11 | | the
circuit court of venue and the Secretary of State, | 12 | | certifying that the test or
tests was or were requested under | 13 | | paragraph (a) or (a-5) and the person refused to
submit to a | 14 | | test, or tests, or submitted to testing that disclosed an | 15 | | alcohol
concentration of 0.08 or more. A sworn report | 16 | | indicating refusal or failure of testing under paragraph (a-5) | 17 | | of this Section shall include the factual basis of the | 18 | | arresting officer's reasonable suspicion that the person was | 19 | | under the influence of cannabis. The person's possession of a | 20 | | valid registry card under the Compassionate Use of Medical | 21 | | Cannabis Pilot Program Act alone is not sufficient basis for | 22 | | reasonable suspicion. | 23 | | (e) Upon receipt of the sworn report of a law enforcement | 24 | | officer
submitted under paragraph (d), the Secretary of State | 25 | | shall enter the
statutory summary suspension or revocation and | 26 | | disqualification for the periods specified in Sections
6-208.1 |
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| 1 | | and 6-514, respectively,
and effective as provided in paragraph | 2 | | (g). | 3 | | If the person is a first offender as defined in Section | 4 | | 11-500 of this
Code, and is not convicted of a violation of | 5 | | Section 11-501
of this Code or a similar provision of a local | 6 | | ordinance, then reports
received by the Secretary of State | 7 | | under this Section shall, except during
the actual time the | 8 | | Statutory Summary Suspension is in effect, be
privileged | 9 | | information and for use only by the courts, police officers,
| 10 | | prosecuting authorities or the Secretary of State, unless the | 11 | | person is a CDL holder, is operating a commercial motor vehicle | 12 | | or vehicle required to be placarded for hazardous materials, in | 13 | | which case the suspension shall not be privileged. Reports | 14 | | received by the Secretary of State under this Section shall | 15 | | also be made available to the parent or guardian of a person | 16 | | under the age of 18 years that holds an instruction permit or a | 17 | | graduated driver's license, regardless of whether the | 18 | | statutory summary suspension is in effect. A statutory summary | 19 | | revocation shall not be privileged information. | 20 | | (f) The law enforcement officer submitting the sworn report | 21 | | under paragraph
(d) shall serve immediate notice of the | 22 | | statutory summary suspension or revocation on the
person and | 23 | | the suspension or revocation and disqualification shall be | 24 | | effective as provided in paragraph (g). | 25 | | (1) In
cases where the blood alcohol concentration of | 26 | | 0.08 or greater or
any amount of
a drug, substance, or |
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| 1 | | compound resulting from the unlawful use or consumption
of | 2 | | cannabis as covered by the Cannabis Control Act, a | 3 | | controlled
substance
listed in the Illinois Controlled | 4 | | Substances Act,
an intoxicating compound
listed in the Use | 5 | | of Intoxicating Compounds Act, or methamphetamine as | 6 | | listed in the Methamphetamine Control and Community | 7 | | Protection Act is established by a
subsequent
analysis of | 8 | | blood or urine collected at the time of arrest, the | 9 | | arresting
officer or arresting agency shall give notice as | 10 | | provided in this Section or by
deposit in the United States | 11 | | mail of the notice in an envelope with postage
prepaid and | 12 | | addressed to the person at his address as shown on the | 13 | | Uniform
Traffic Ticket and the statutory summary | 14 | | suspension and disqualification shall begin as provided in
| 15 | | paragraph (g). The officer shall confiscate any Illinois | 16 | | driver's license or
permit on the person at the time of | 17 | | arrest. If the person has a valid driver's
license or | 18 | | permit, the officer shall issue the person a receipt, in
a | 19 | | form prescribed by the Secretary of State, that will allow | 20 | | that person
to drive during the periods provided for in | 21 | | paragraph (g). The officer
shall immediately forward the | 22 | | driver's license or permit to the circuit
court of venue | 23 | | along with the sworn report provided for in
paragraph (d). | 24 | | (2) In cases indicating refusal or failure of testing | 25 | | under paragraph (a-5) of this Section the arresting officer | 26 | | or arresting agency shall give notice as provided in this |
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| 1 | | Section or by deposit in the United States mail of the | 2 | | notice in an envelope with postage prepaid and addressed to | 3 | | the person at his or her address as shown on the Uniform | 4 | | Traffic Ticket and the statutory summary suspension and | 5 | | disqualification shall begin as provided in paragraph (g). | 6 | | This notice shall include the factual basis of the | 7 | | arresting officer's reasonable suspicion that the person | 8 | | was under the influence of cannabis. The person's | 9 | | possession of a valid registry card under the Compassionate | 10 | | Use of Medical Cannabis Pilot Program Act alone is not | 11 | | sufficient basis for reasonable suspicion. | 12 | | (g) The statutory summary suspension or revocation and | 13 | | disqualification
referred to in this Section shall
take effect | 14 | | on the 46th day following the date the notice of the statutory
| 15 | | summary suspension or revocation was given to the person. | 16 | | (h) The following procedure shall apply
whenever a person | 17 | | is arrested for any offense as defined in Section 11-501
or a | 18 | | similar provision of a local ordinance: | 19 | | Upon receipt of the sworn report from the law enforcement | 20 | | officer,
the Secretary of State shall confirm the statutory | 21 | | summary suspension or revocation by
mailing a notice of the | 22 | | effective date of the suspension or revocation to the person | 23 | | and
the court of venue. The Secretary of State shall also mail | 24 | | notice of the effective date of the disqualification to the | 25 | | person. However, should the sworn report be defective by not
| 26 | | containing sufficient information or be completed in error, the
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| 1 | | confirmation of the statutory summary suspension or revocation | 2 | | shall not be mailed to the
person or entered to the record; | 3 | | instead, the sworn report shall
be
forwarded to the court of | 4 | | venue with a copy returned to the issuing agency
identifying | 5 | | any defect. | 6 | | (i) As used in this Section, "personal injury" includes any | 7 | | Type A injury as indicated on the traffic accident report | 8 | | completed by a law enforcement officer that requires immediate | 9 | | professional attention in either a doctor's office or a medical | 10 | | facility. A Type A injury includes severely bleeding wounds, | 11 | | distorted extremities, and injuries that require the injured | 12 | | party to be carried from the scene. | 13 | | (Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; | 14 | | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14.) |
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