Full Text of HB1307 97th General Assembly
HB1307eng 97TH GENERAL ASSEMBLY |
| | HB1307 Engrossed | | LRB097 05237 HEP 45287 b |
|
| 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 |
| | | HB1307 Engrossed | - 2 - | LRB097 05237 HEP 45287 b |
|
| 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 registered nurse, | 15 | | trained
phlebotomist, or certified paramedic, or other
| 16 | | qualified person approved by the Department of State Police | 17 | | may withdraw blood
for the purpose of determining the | 18 | | alcohol, drug, or alcohol and drug content
therein. This | 19 | | limitation shall not apply to the taking of breath or urine
| 20 | | specimens.
| 21 | | When a blood test of a person who has been taken to an | 22 | | adjoining state
for medical treatment is requested by an | 23 | | Illinois law enforcement officer,
the blood may be | 24 | | withdrawn only by a physician authorized to practice
| 25 | | medicine in the adjoining state, a registered nurse, a | 26 | | trained
phlebotomist acting under the direction of the |
| | | HB1307 Engrossed | - 3 - | LRB097 05237 HEP 45287 b |
|
| 1 | | physician, or certified
paramedic. The law
enforcement | 2 | | officer requesting the test shall take custody of the blood
| 3 | | sample, and the blood sample shall be analyzed by a | 4 | | laboratory certified by the
Department of State Police for | 5 | | that purpose.
| 6 | | 3. The person tested may have a physician, or a | 7 | | qualified technician,
chemist, registered nurse, or other | 8 | | qualified person of their own choosing
administer a | 9 | | chemical test or tests in addition to any administered at | 10 | | the
direction of a law enforcement officer. The failure or | 11 | | inability to obtain
an additional test by a person shall | 12 | | not preclude the admission of evidence
relating to the test | 13 | | or tests taken at the direction of a law enforcement
| 14 | | officer.
| 15 | | 4. Upon the request of the person who shall submit to a | 16 | | chemical test
or tests at the request of a law enforcement | 17 | | officer, full information
concerning the test or tests | 18 | | shall be made available to the person or such
person's | 19 | | attorney.
| 20 | | 5. Alcohol concentration shall mean either grams of | 21 | | alcohol per 100
milliliters of blood or grams of alcohol | 22 | | per 210 liters of breath.
| 23 | | (b) Upon the trial of any civil or criminal action or | 24 | | proceeding arising
out of acts alleged to have been committed | 25 | | by any person while driving or
in actual physical control of a | 26 | | vehicle while under the influence of alcohol,
the concentration |
| | | HB1307 Engrossed | - 4 - | LRB097 05237 HEP 45287 b |
|
| 1 | | of alcohol in the person's blood or breath at the time
alleged | 2 | | as shown by analysis of the person's blood, urine, breath, or | 3 | | other
bodily substance shall give rise to the following | 4 | | presumptions:
| 5 | | 1. If there was at that time an alcohol concentration | 6 | | of 0.05 or less,
it shall be presumed that the person was | 7 | | not under the influence of alcohol.
| 8 | | 2. If there was at that time an alcohol concentration | 9 | | in excess of 0.05
but less than 0.08, such facts shall not | 10 | | give rise to any
presumption that
the person was or was not | 11 | | under the influence of alcohol, but such fact
may be | 12 | | considered with other competent evidence in determining | 13 | | whether the
person was under the influence of alcohol.
| 14 | | 3. If there was at that time an alcohol concentration | 15 | | of 0.08
or more,
it shall be presumed that the person was | 16 | | under the influence of alcohol.
| 17 | | 4. The foregoing provisions of this Section shall not | 18 | | be construed as
limiting the introduction of any other | 19 | | relevant evidence bearing upon the
question whether the | 20 | | person was under the influence of alcohol.
| 21 | | (c) 1. If a person under arrest refuses to submit to a | 22 | | chemical test
under
the provisions of Section 11-501.1, | 23 | | evidence of refusal shall be admissible
in any civil or | 24 | | criminal action or proceeding arising out of acts alleged
to | 25 | | have been committed while the person under the influence of | 26 | | alcohol,
other drug or drugs, or intoxicating compound or |
| | | HB1307 Engrossed | - 5 - | LRB097 05237 HEP 45287 b |
|
| 1 | | compounds, or
any combination thereof was driving or in actual | 2 | | physical
control of a motor vehicle.
| 3 | | 2. Notwithstanding any ability to refuse under this Code to | 4 | | submit to
these tests or any ability to revoke the implied | 5 | | consent to these tests, if a
law enforcement officer has | 6 | | probable cause to believe that a motor vehicle
driven by or in | 7 | | actual physical control of a person under the influence of
| 8 | | alcohol, other drug or drugs, or intoxicating compound or
| 9 | | compounds,
or any combination thereof
has caused the death or
| 10 | | personal injury to another, that person shall submit, upon the | 11 | | request of a law
enforcement officer, to a chemical test or | 12 | | tests of his or her blood, breath or
urine for the purpose of
| 13 | | determining the alcohol content thereof or the presence of any | 14 | | other drug or
combination of both.
| 15 | | This provision does not affect the applicability of or | 16 | | imposition of driver's
license sanctions under Section | 17 | | 11-501.1 of this Code.
| 18 | | 3. For purposes of this Section, a personal injury includes | 19 | | any Type A
injury as indicated on the traffic accident report | 20 | | completed by a law
enforcement officer that requires immediate | 21 | | professional attention in either a
doctor's office or a medical | 22 | | facility. A Type A injury includes severe
bleeding wounds, | 23 | | distorted extremities, and injuries that require the injured
| 24 | | party to be carried from the scene.
| 25 | | (Source: P.A. 96-289, eff. 8-11-09.)
|
| | | HB1307 Engrossed | - 6 - | LRB097 05237 HEP 45287 b |
|
| 1 | | (625 ILCS 5/11-501.8)
| 2 | | (Text of Section before amendment by P.A. 96-1344 ) | 3 | | Sec. 11-501.8. Suspension of driver's license; persons | 4 | | under age 21.
| 5 | | (a) A person who is less than 21 years of age and who | 6 | | drives or
is in actual physical control of a motor vehicle upon | 7 | | the
public highways of this State shall be deemed to have given | 8 | | consent to a
chemical test or tests of blood, breath, or urine | 9 | | for the purpose of
determining the alcohol content of the | 10 | | person's blood if arrested, as evidenced
by the issuance of a | 11 | | Uniform Traffic Ticket for any violation of the Illinois
| 12 | | Vehicle Code or a similar provision of a local ordinance, if a | 13 | | police officer
has probable cause to believe that the driver | 14 | | has consumed any amount of an
alcoholic beverage based upon | 15 | | evidence of the driver's physical condition or
other first hand | 16 | | knowledge of the police officer. The test or tests shall be
| 17 | | administered at the direction of the arresting officer. The law | 18 | | enforcement
agency employing the officer shall designate which | 19 | | of the aforesaid tests shall
be administered. A urine test may | 20 | | be administered even after a blood or
breath test or both has | 21 | | been administered.
| 22 | | (b) A person who is dead, unconscious, or who is otherwise | 23 | | in a condition
rendering that person incapable of refusal, | 24 | | shall be deemed not to have
withdrawn the consent provided by | 25 | | paragraph (a) of this Section and the test or
tests may be | 26 | | administered subject to the following provisions:
|
| | | HB1307 Engrossed | - 7 - | LRB097 05237 HEP 45287 b |
|
| 1 | | (i) Chemical analysis of the person's blood, urine, | 2 | | breath, or
other bodily substance, to be considered valid | 3 | | under the provisions of this
Section, shall have been | 4 | | performed according to standards promulgated by the | 5 | | Department of State
Police
by an individual possessing a | 6 | | valid permit issued by that Department for this
purpose. | 7 | | The Director of State Police is authorized to approve | 8 | | satisfactory
techniques or methods, to ascertain the | 9 | | qualifications and competence of
individuals to conduct | 10 | | analyses, to issue permits that shall be subject to
| 11 | | termination or revocation at the direction of that | 12 | | Department, and to certify
the accuracy of breath testing | 13 | | equipment. The Department of
State Police shall prescribe | 14 | | regulations as necessary.
| 15 | | (ii) When a person submits to a blood test at the | 16 | | request of a law
enforcement officer under the provisions | 17 | | of this Section, only a physician
authorized to practice | 18 | | medicine, a registered nurse, or other qualified person
| 19 | | certified trained in venipuncture and acting under the | 20 | | direction of a licensed physician
may withdraw blood for | 21 | | the purpose of determining the alcohol content therein.
| 22 | | This limitation does not apply to the taking of breath or | 23 | | urine specimens.
| 24 | | (iii) The person tested may have a physician, qualified | 25 | | technician,
chemist, registered nurse, or other qualified | 26 | | person of his or her own choosing
administer a chemical |
| | | HB1307 Engrossed | - 8 - | LRB097 05237 HEP 45287 b |
|
| 1 | | test or tests in addition to any test or tests
administered | 2 | | at the direction of a law enforcement officer. The failure | 3 | | or
inability to obtain an additional test by a person shall | 4 | | not preclude the
consideration of the previously performed | 5 | | chemical test.
| 6 | | (iv) Upon a request of the person who submits to a | 7 | | chemical test or
tests at the request of a law enforcement | 8 | | officer, full information concerning
the test or tests | 9 | | shall be made available to the person or that person's
| 10 | | attorney.
| 11 | | (v) Alcohol concentration means either grams of | 12 | | alcohol per 100
milliliters of blood or grams of alcohol | 13 | | per 210 liters of breath.
| 14 | | (vi) If a driver is receiving medical treatment as a | 15 | | result of a motor
vehicle accident, a physician licensed to | 16 | | practice medicine, registered nurse,
or other qualified | 17 | | person certified trained in venipuncture and
acting under | 18 | | the direction of a licensed physician shall
withdraw blood | 19 | | for testing purposes to ascertain the presence of alcohol | 20 | | upon
the specific request of a law enforcement officer. | 21 | | However, that testing
shall not be performed until, in the | 22 | | opinion of the medical personnel on scene,
the withdrawal | 23 | | can be made without interfering with or endangering the
| 24 | | well-being of the patient.
| 25 | | (c) A person requested to submit to a test as provided | 26 | | above shall be warned
by the law enforcement officer requesting |
| | | HB1307 Engrossed | - 9 - | LRB097 05237 HEP 45287 b |
|
| 1 | | the test that a refusal to submit to
the test, or submission to | 2 | | the test resulting in an alcohol concentration of
more than | 3 | | 0.00, may result in the loss of that person's privilege to | 4 | | operate a
motor vehicle and may result in the disqualification | 5 | | of the person's privilege to operate a commercial motor | 6 | | vehicle, as provided in Section 6-514 of this Code, if the | 7 | | person is a CDL holder. The loss of driving privileges shall be | 8 | | imposed in accordance
with Section 6-208.2 of this Code.
| 9 | | (d) If the person refuses testing or submits to a test that | 10 | | discloses an
alcohol concentration of more than 0.00, the law | 11 | | enforcement officer shall
immediately submit a sworn report to | 12 | | the Secretary of State on a form
prescribed by the Secretary of | 13 | | State, certifying that the test or tests were
requested under | 14 | | subsection (a) and the person refused to submit to a test
or | 15 | | tests or submitted to testing which disclosed an alcohol | 16 | | concentration of
more than 0.00. The law enforcement officer | 17 | | shall submit the same sworn report
when a person under the age | 18 | | of 21 submits to testing under Section
11-501.1 of this Code | 19 | | and the testing discloses an alcohol concentration of
more than | 20 | | 0.00 and less than 0.08.
| 21 | | Upon receipt of the sworn report of a law enforcement | 22 | | officer, the Secretary
of State shall enter the suspension and | 23 | | disqualification on the individual's driving
record and the | 24 | | suspension and disqualification shall be effective on the 46th | 25 | | day following the date
notice of the suspension was given to | 26 | | the person. If this suspension is the
individual's first |
| | | HB1307 Engrossed | - 10 - | LRB097 05237 HEP 45287 b |
|
| 1 | | driver's license suspension under this Section, reports
| 2 | | received by the Secretary of State under this Section shall, | 3 | | except during the
time the suspension is in effect, be | 4 | | privileged information and for use only by
the courts, police | 5 | | officers, prosecuting authorities, the Secretary of State,
or | 6 | | the individual personally, unless the person is a CDL holder, | 7 | | is operating a commercial motor vehicle or vehicle required to | 8 | | be placarded for hazardous materials, in which case the | 9 | | suspension shall not be privileged.
Reports received by the | 10 | | Secretary of State under this Section shall also be made | 11 | | available to the parent or guardian of a person under the age | 12 | | of 18 years that holds an instruction permit or a graduated | 13 | | driver's license, regardless of whether the suspension is in | 14 | | effect.
| 15 | | The law enforcement officer submitting the sworn report | 16 | | shall serve immediate
notice of this suspension on the person | 17 | | and the suspension and disqualification shall
be effective on | 18 | | the 46th day following the date notice was given.
| 19 | | In cases where the blood alcohol concentration of more than | 20 | | 0.00 is
established by a subsequent analysis of blood or urine, | 21 | | the police officer or
arresting agency shall give notice as | 22 | | provided in this Section or by deposit
in the United States | 23 | | mail of that notice in an envelope with postage prepaid
and | 24 | | addressed to that person at his last known address and the loss | 25 | | of driving
privileges shall be effective on the 46th day | 26 | | following the date notice was
given.
|
| | | HB1307 Engrossed | - 11 - | LRB097 05237 HEP 45287 b |
|
| 1 | | Upon receipt of the sworn report of a law enforcement | 2 | | officer, the Secretary
of State shall also give notice of the | 3 | | suspension and disqualification to the driver
by mailing a | 4 | | notice of the effective date of the suspension and | 5 | | disqualification to the individual.
However, should the sworn | 6 | | report be defective by not containing sufficient
information or | 7 | | be completed in error, the notice of the suspension and | 8 | | disqualification shall not be mailed to the person or entered | 9 | | to the driving record,
but rather the sworn report shall be | 10 | | returned to the issuing law enforcement
agency.
| 11 | | (e) A driver may contest this suspension and | 12 | | disqualification by requesting an
administrative hearing with | 13 | | the Secretary of State in accordance with Section
2-118 of this | 14 | | Code. An individual whose blood alcohol concentration is shown
| 15 | | to be more than 0.00 is not subject to this Section if he or she | 16 | | consumed
alcohol in the performance of a religious service or | 17 | | ceremony. An individual
whose blood alcohol concentration is | 18 | | shown to be more than 0.00 shall not be
subject to this Section | 19 | | if the individual's blood alcohol concentration
resulted only | 20 | | from ingestion of the prescribed or recommended dosage of
| 21 | | medicine that contained alcohol. The petition for that hearing | 22 | | shall not stay
or delay the effective date of the impending | 23 | | suspension. The scope of this
hearing shall be limited to the | 24 | | issues of:
| 25 | | (1) whether the police officer had probable cause to | 26 | | believe that the
person was driving or in actual physical |
| | | HB1307 Engrossed | - 12 - | LRB097 05237 HEP 45287 b |
|
| 1 | | control of a motor vehicle upon the
public highways of the | 2 | | State and the police officer had reason to believe that
the | 3 | | person was in violation of any provision of the Illinois | 4 | | Vehicle Code or a
similar provision of a local ordinance; | 5 | | and
| 6 | | (2) whether the person was issued a Uniform Traffic | 7 | | Ticket for any
violation of the Illinois Vehicle Code or a | 8 | | similar provision of a local
ordinance; and
| 9 | | (3) whether the police officer had probable cause to | 10 | | believe that the
driver
had consumed any amount of an | 11 | | alcoholic beverage based upon the driver's
physical | 12 | | actions or other first-hand knowledge of the police | 13 | | officer; and
| 14 | | (4) whether the person, after being advised by the | 15 | | officer that the
privilege to operate a motor vehicle would | 16 | | be suspended if the person refused
to submit to and | 17 | | complete the test or tests, did refuse to submit to or
| 18 | | complete the test or tests to determine the person's | 19 | | alcohol concentration;
and
| 20 | | (5) whether the person, after being advised by the | 21 | | officer that the
privileges to operate a motor vehicle | 22 | | would be suspended if the person submits
to a chemical test | 23 | | or tests and the test or tests disclose an alcohol
| 24 | | concentration of more than 0.00, did submit to and
complete | 25 | | the
test or tests that determined an alcohol concentration | 26 | | of more than 0.00; and
|
| | | HB1307 Engrossed | - 13 - | LRB097 05237 HEP 45287 b |
|
| 1 | | (6) whether the test result of an alcohol concentration | 2 | | of more than 0.00
was based upon the person's consumption | 3 | | of alcohol in the performance of a
religious service or | 4 | | ceremony; and
| 5 | | (7) whether the test result of an alcohol concentration | 6 | | of more than 0.00
was based upon the person's consumption | 7 | | of alcohol through ingestion of the
prescribed or | 8 | | recommended dosage of medicine.
| 9 | | At the conclusion of the hearing held under Section 2-118 | 10 | | of
this Code, the Secretary of State may rescind, continue, or | 11 | | modify the suspension and disqualification. If the Secretary of | 12 | | State does not rescind the suspension and disqualification, a
| 13 | | restricted driving permit may be granted by the Secretary of | 14 | | State upon
application being made and good cause shown. A | 15 | | restricted driving permit may be
granted to relieve undue | 16 | | hardship by allowing driving for employment,
educational, and | 17 | | medical purposes as outlined in item (3) of part (c) of
Section | 18 | | 6-206 of this Code. The provisions of item (3) of part (c) of | 19 | | Section
6-206 of this Code and of subsection (f) of that | 20 | | Section shall apply. The Secretary of State shall promulgate | 21 | | rules
providing for participation in an alcohol education and | 22 | | awareness program or
activity, a drug education and awareness | 23 | | program or activity, or both as a
condition to the issuance of | 24 | | a restricted driving permit for suspensions
imposed under this | 25 | | Section.
| 26 | | (f) The results of any chemical testing performed in |
| | | HB1307 Engrossed | - 14 - | LRB097 05237 HEP 45287 b |
|
| 1 | | accordance with
subsection (a) of this Section are not | 2 | | admissible in any civil or criminal
proceeding, except that the | 3 | | results of the testing may be considered at a
hearing held | 4 | | under Section 2-118 of this Code. However, the results of
the | 5 | | testing may not be used to impose driver's license sanctions | 6 | | under
Section 11-501.1 of this Code. A law enforcement officer | 7 | | may, however, pursue
a statutory summary suspension of driving | 8 | | privileges under Section 11-501.1 of
this Code if other | 9 | | physical evidence or first hand knowledge forms the basis
of | 10 | | that suspension.
| 11 | | (g) This Section applies only to drivers who are under
age | 12 | | 21 at the time of the issuance of a Uniform Traffic Ticket for | 13 | | a
violation of the Illinois Vehicle Code or a similar provision | 14 | | of a local
ordinance, and a chemical test request is made under | 15 | | this Section.
| 16 | | (h) The action of the Secretary of State in suspending, | 17 | | revoking, cancelling, or
disqualifying any license or
permit | 18 | | shall be
subject to judicial review in the Circuit Court of | 19 | | Sangamon County or in the
Circuit Court of Cook County, and the | 20 | | provisions of the Administrative Review
Law and its rules are | 21 | | hereby adopted and shall apply to and govern every action
for | 22 | | the judicial review of final acts or decisions of the Secretary | 23 | | of State
under this Section.
| 24 | | (Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07; | 25 | | 95-627, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1080, eff. | 26 | | 7-16-10.) |
| | | HB1307 Engrossed | - 15 - | LRB097 05237 HEP 45287 b |
|
| 1 | | (Text of Section after amendment by P.A. 96-1344 )
| 2 | | Sec. 11-501.8. Suspension of driver's license; persons | 3 | | under age 21.
| 4 | | (a) A person who is less than 21 years of age and who | 5 | | drives or
is in actual physical control of a motor vehicle upon | 6 | | the
public highways of this State shall be deemed to have given | 7 | | consent to a
chemical test or tests of blood, breath, or urine | 8 | | for the purpose of
determining the alcohol content of the | 9 | | person's blood if arrested, as evidenced
by the issuance of a | 10 | | Uniform Traffic Ticket for any violation of the Illinois
| 11 | | Vehicle Code or a similar provision of a local ordinance, if a | 12 | | police officer
has probable cause to believe that the driver | 13 | | has consumed any amount of an
alcoholic beverage based upon | 14 | | evidence of the driver's physical condition or
other first hand | 15 | | knowledge of the police officer. The test or tests shall be
| 16 | | administered at the direction of the arresting officer. The law | 17 | | enforcement
agency employing the officer shall designate which | 18 | | of the aforesaid tests shall
be administered. A urine test may | 19 | | be administered even after a blood or
breath test or both has | 20 | | been administered.
| 21 | | (b) A person who is dead, unconscious, or who is otherwise | 22 | | in a condition
rendering that person incapable of refusal, | 23 | | shall be deemed not to have
withdrawn the consent provided by | 24 | | paragraph (a) of this Section and the test or
tests may be | 25 | | administered subject to the following provisions:
|
| | | HB1307 Engrossed | - 16 - | LRB097 05237 HEP 45287 b |
|
| 1 | | (i) Chemical analysis of the person's blood, urine, | 2 | | breath, or
other bodily substance, to be considered valid | 3 | | under the provisions of this
Section, shall have been | 4 | | performed according to standards promulgated by the | 5 | | Department of State
Police
by an individual possessing a | 6 | | valid permit issued by that Department for this
purpose. | 7 | | The Director of State Police is authorized to approve | 8 | | satisfactory
techniques or methods, to ascertain the | 9 | | qualifications and competence of
individuals to conduct | 10 | | analyses, to issue permits that shall be subject to
| 11 | | termination or revocation at the direction of that | 12 | | Department, and to certify
the accuracy of breath testing | 13 | | equipment. The Department of
State Police shall prescribe | 14 | | regulations as necessary.
| 15 | | (ii) When a person submits to a blood test at the | 16 | | request of a law
enforcement officer under the provisions | 17 | | of this Section, only a physician
authorized to practice | 18 | | medicine, a registered nurse, or other qualified person
| 19 | | certified trained in venipuncture and acting under the | 20 | | direction of a licensed physician
may withdraw blood for | 21 | | the purpose of determining the alcohol content therein.
| 22 | | This limitation does not apply to the taking of breath or | 23 | | urine specimens.
| 24 | | (iii) The person tested may have a physician, qualified | 25 | | technician,
chemist, registered nurse, or other qualified | 26 | | person of his or her own choosing
administer a chemical |
| | | HB1307 Engrossed | - 17 - | LRB097 05237 HEP 45287 b |
|
| 1 | | test or tests in addition to any test or tests
administered | 2 | | at the direction of a law enforcement officer. The failure | 3 | | or
inability to obtain an additional test by a person shall | 4 | | not preclude the
consideration of the previously performed | 5 | | chemical test.
| 6 | | (iv) Upon a request of the person who submits to a | 7 | | chemical test or
tests at the request of a law enforcement | 8 | | officer, full information concerning
the test or tests | 9 | | shall be made available to the person or that person's
| 10 | | attorney.
| 11 | | (v) Alcohol concentration means either grams of | 12 | | alcohol per 100
milliliters of blood or grams of alcohol | 13 | | per 210 liters of breath.
| 14 | | (vi) If a driver is receiving medical treatment as a | 15 | | result of a motor
vehicle accident, a physician licensed to | 16 | | practice medicine, registered nurse,
or other qualified | 17 | | person certified trained in venipuncture and
acting under | 18 | | the direction of a licensed physician shall
withdraw blood | 19 | | for testing purposes to ascertain the presence of alcohol | 20 | | upon
the specific request of a law enforcement officer. | 21 | | However, that testing
shall not be performed until, in the | 22 | | opinion of the medical personnel on scene,
the withdrawal | 23 | | can be made without interfering with or endangering the
| 24 | | well-being of the patient.
| 25 | | (c) A person requested to submit to a test as provided | 26 | | above shall be warned
by the law enforcement officer requesting |
| | | HB1307 Engrossed | - 18 - | LRB097 05237 HEP 45287 b |
|
| 1 | | the test that a refusal to submit to
the test, or submission to | 2 | | the test resulting in an alcohol concentration of
more than | 3 | | 0.00, may result in the loss of that person's privilege to | 4 | | operate a
motor vehicle and may result in the disqualification | 5 | | of the person's privilege to operate a commercial motor | 6 | | vehicle, as provided in Section 6-514 of this Code, if the | 7 | | person is a CDL holder. The loss of driving privileges shall be | 8 | | imposed in accordance
with Section 6-208.2 of this Code.
| 9 | | (d) If the person refuses testing or submits to a test that | 10 | | discloses an
alcohol concentration of more than 0.00, the law | 11 | | enforcement officer shall
immediately submit a sworn report to | 12 | | the Secretary of State on a form
prescribed by the Secretary of | 13 | | State, certifying that the test or tests were
requested under | 14 | | subsection (a) and the person refused to submit to a test
or | 15 | | tests or submitted to testing which disclosed an alcohol | 16 | | concentration of
more than 0.00. The law enforcement officer | 17 | | shall submit the same sworn report
when a person under the age | 18 | | of 21 submits to testing under Section
11-501.1 of this Code | 19 | | and the testing discloses an alcohol concentration of
more than | 20 | | 0.00 and less than 0.08.
| 21 | | Upon receipt of the sworn report of a law enforcement | 22 | | officer, the Secretary
of State shall enter the suspension and | 23 | | disqualification on the individual's driving
record and the | 24 | | suspension and disqualification shall be effective on the 46th | 25 | | day following the date
notice of the suspension was given to | 26 | | the person. If this suspension is the
individual's first |
| | | HB1307 Engrossed | - 19 - | LRB097 05237 HEP 45287 b |
|
| 1 | | driver's license suspension under this Section, reports
| 2 | | received by the Secretary of State under this Section shall, | 3 | | except during the
time the suspension is in effect, be | 4 | | privileged information and for use only by
the courts, police | 5 | | officers, prosecuting authorities, the Secretary of State,
or | 6 | | the individual personally, unless the person is a CDL holder, | 7 | | is operating a commercial motor vehicle or vehicle required to | 8 | | be placarded for hazardous materials, in which case the | 9 | | suspension shall not be privileged.
Reports received by the | 10 | | Secretary of State under this Section shall also be made | 11 | | available to the parent or guardian of a person under the age | 12 | | of 18 years that holds an instruction permit or a graduated | 13 | | driver's license, regardless of whether the suspension is in | 14 | | effect.
| 15 | | The law enforcement officer submitting the sworn report | 16 | | shall serve immediate
notice of this suspension on the person | 17 | | and the suspension and disqualification shall
be effective on | 18 | | the 46th day following the date notice was given.
| 19 | | In cases where the blood alcohol concentration of more than | 20 | | 0.00 is
established by a subsequent analysis of blood or urine, | 21 | | the police officer or
arresting agency shall give notice as | 22 | | provided in this Section or by deposit
in the United States | 23 | | mail of that notice in an envelope with postage prepaid
and | 24 | | addressed to that person at his last known address and the loss | 25 | | of driving
privileges shall be effective on the 46th day | 26 | | following the date notice was
given.
|
| | | HB1307 Engrossed | - 20 - | LRB097 05237 HEP 45287 b |
|
| 1 | | Upon receipt of the sworn report of a law enforcement | 2 | | officer, the Secretary
of State shall also give notice of the | 3 | | suspension and disqualification to the driver
by mailing a | 4 | | notice of the effective date of the suspension and | 5 | | disqualification to the individual.
However, should the sworn | 6 | | report be defective by not containing sufficient
information or | 7 | | be completed in error, the notice of the suspension and | 8 | | disqualification shall not be mailed to the person or entered | 9 | | to the driving record,
but rather the sworn report shall be | 10 | | returned to the issuing law enforcement
agency.
| 11 | | (e) A driver may contest this suspension and | 12 | | disqualification by requesting an
administrative hearing with | 13 | | the Secretary of State in accordance with Section
2-118 of this | 14 | | Code. An individual whose blood alcohol concentration is shown
| 15 | | to be more than 0.00 is not subject to this Section if he or she | 16 | | consumed
alcohol in the performance of a religious service or | 17 | | ceremony. An individual
whose blood alcohol concentration is | 18 | | shown to be more than 0.00 shall not be
subject to this Section | 19 | | if the individual's blood alcohol concentration
resulted only | 20 | | from ingestion of the prescribed or recommended dosage of
| 21 | | medicine that contained alcohol. The petition for that hearing | 22 | | shall not stay
or delay the effective date of the impending | 23 | | suspension. The scope of this
hearing shall be limited to the | 24 | | issues of:
| 25 | | (1) whether the police officer had probable cause to | 26 | | believe that the
person was driving or in actual physical |
| | | HB1307 Engrossed | - 21 - | LRB097 05237 HEP 45287 b |
|
| 1 | | control of a motor vehicle upon the
public highways of the | 2 | | State and the police officer had reason to believe that
the | 3 | | person was in violation of any provision of the Illinois | 4 | | Vehicle Code or a
similar provision of a local ordinance; | 5 | | and
| 6 | | (2) whether the person was issued a Uniform Traffic | 7 | | Ticket for any
violation of the Illinois Vehicle Code or a | 8 | | similar provision of a local
ordinance; and
| 9 | | (3) whether the police officer had probable cause to | 10 | | believe that the
driver
had consumed any amount of an | 11 | | alcoholic beverage based upon the driver's
physical | 12 | | actions or other first-hand knowledge of the police | 13 | | officer; and
| 14 | | (4) whether the person, after being advised by the | 15 | | officer that the
privilege to operate a motor vehicle would | 16 | | be suspended if the person refused
to submit to and | 17 | | complete the test or tests, did refuse to submit to or
| 18 | | complete the test or tests to determine the person's | 19 | | alcohol concentration;
and
| 20 | | (5) whether the person, after being advised by the | 21 | | officer that the
privileges to operate a motor vehicle | 22 | | would be suspended if the person submits
to a chemical test | 23 | | or tests and the test or tests disclose an alcohol
| 24 | | concentration of more than 0.00, did submit to and
complete | 25 | | the
test or tests that determined an alcohol concentration | 26 | | of more than 0.00; and
|
| | | HB1307 Engrossed | - 22 - | LRB097 05237 HEP 45287 b |
|
| 1 | | (6) whether the test result of an alcohol concentration | 2 | | of more than 0.00
was based upon the person's consumption | 3 | | of alcohol in the performance of a
religious service or | 4 | | ceremony; and
| 5 | | (7) whether the test result of an alcohol concentration | 6 | | of more than 0.00
was based upon the person's consumption | 7 | | of alcohol through ingestion of the
prescribed or | 8 | | recommended dosage of medicine.
| 9 | | At the conclusion of the hearing held under Section 2-118 | 10 | | of
this Code, the Secretary of State may rescind, continue, or | 11 | | modify the suspension and disqualification. If the Secretary of | 12 | | State does not rescind the suspension and disqualification, a
| 13 | | restricted driving permit may be granted by the Secretary of | 14 | | State upon
application being made and good cause shown. A | 15 | | restricted driving permit may be
granted to relieve undue | 16 | | hardship by allowing driving for employment,
educational, and | 17 | | medical purposes as outlined in item (3) of part (c) of
Section | 18 | | 6-206 of this Code. The provisions of item (3) of part (c) of | 19 | | Section
6-206 of this Code and of subsection (f) of that | 20 | | Section shall apply. The Secretary of State shall promulgate | 21 | | rules
providing for participation in an alcohol education and | 22 | | awareness program or
activity, a drug education and awareness | 23 | | program or activity, or both as a
condition to the issuance of | 24 | | a restricted driving permit for suspensions
imposed under this | 25 | | Section.
| 26 | | (f) The results of any chemical testing performed in |
| | | HB1307 Engrossed | - 23 - | LRB097 05237 HEP 45287 b |
|
| 1 | | accordance with
subsection (a) of this Section are not | 2 | | admissible in any civil or criminal
proceeding, except that the | 3 | | results of the testing may be considered at a
hearing held | 4 | | under Section 2-118 of this Code. However, the results of
the | 5 | | testing may not be used to impose driver's license sanctions | 6 | | under
Section 11-501.1 of this Code. A law enforcement officer | 7 | | may, however, pursue
a statutory summary suspension or | 8 | | revocation of driving privileges under Section 11-501.1 of
this | 9 | | Code if other physical evidence or first hand knowledge forms | 10 | | the basis
of that suspension or revocation.
| 11 | | (g) This Section applies only to drivers who are under
age | 12 | | 21 at the time of the issuance of a Uniform Traffic Ticket for | 13 | | a
violation of the Illinois Vehicle Code or a similar provision | 14 | | of a local
ordinance, and a chemical test request is made under | 15 | | this Section.
| 16 | | (h) The action of the Secretary of State in suspending, | 17 | | revoking, cancelling, or
disqualifying any license or
permit | 18 | | shall be
subject to judicial review in the Circuit Court of | 19 | | Sangamon County or in the
Circuit Court of Cook County, and the | 20 | | provisions of the Administrative Review
Law and its rules are | 21 | | hereby adopted and shall apply to and govern every action
for | 22 | | the judicial review of final acts or decisions of the Secretary | 23 | | of State
under this Section.
| 24 | | (Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07; | 25 | | 95-627, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1080, eff. | 26 | | 7-16-10; 96-1344, eff. 7-1-11; revised 9-2-10.)
|
| | | HB1307 Engrossed | - 24 - | LRB097 05237 HEP 45287 b |
|
| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act.
|
|