Full Text of HB1351 94th General Assembly
HB1351enr 94TH GENERAL ASSEMBLY
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HB1351 Enrolled |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 11-401 and 11-501.1 as follows:
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| (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
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| Sec. 11-401. Motor vehicle accidents involving death or | 8 |
| personal injuries.
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| (a) The driver of any vehicle involved in a motor vehicle | 10 |
| accident
resulting in personal injury to or death of any person | 11 |
| shall immediately stop
such vehicle at the scene of such | 12 |
| accident, or as close thereto as possible
and shall then | 13 |
| forthwith return to, and in every event shall remain at the
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| scene of the accident until the requirements of Section 11-403 | 15 |
| have been
fulfilled. Every such stop shall be made without | 16 |
| obstructing traffic more
than is necessary.
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| (b) Any person who has failed to stop or to comply with the
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| requirements of paragraph (a) shall, as soon as possible but in | 19 |
| no case
later than one-half hour after such motor
vehicle | 20 |
| accident, or, if hospitalized and incapacitated from reporting | 21 |
| at any
time during such period, as soon as possible but in no | 22 |
| case later than one-half
hour
after
being discharged from the
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| hospital, report the place of the accident, the date, the | 24 |
| approximate time,
the
driver's name and address, the | 25 |
| registration number of the vehicle
driven, and the names of all | 26 |
| other occupants of
such vehicle, at a police station or | 27 |
| sheriff's office near the place where
such accident occurred. | 28 |
| No report made as required under this paragraph shall be used,
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| directly or indirectly, as a basis for the prosecution of any
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| violation of paragraph (a).
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| (b-1) Any person arrested for violating this Section is | 32 |
| subject to chemical testing of his or her blood, breath, or |
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| urine for the presence of alcohol, other drug or drugs, | 2 |
| intoxicating compound or compounds, or any combination | 3 |
| thereof, as provided in Section 11-501.1, if the testing occurs | 4 |
| within 12 hours of the time of the occurrence of the accident | 5 |
| that led to his or her arrest. The person's driving privileges | 6 |
| are subject to statutory summary suspension under Section | 7 |
| 11-501.1 if he or she fails or refuses to undergo the testing.
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| For purposes of this Section, personal injury shall mean | 9 |
| any injury
requiring immediate professional treatment in a | 10 |
| medical facility or
doctor's office.
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| (c) Any person failing to comply with paragraph (a) shall | 12 |
| be guilty of a Class 4 felony.
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| (d) Any person failing to comply with paragraph (b) is
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| guilty
of
a Class 3 felony if the
motor vehicle accident does | 15 |
| not result in the death of any person.
Any person failing to | 16 |
| comply with paragraph (b)
when the accident results in the | 17 |
| death of
any person is guilty of a Class 2
felony, for which | 18 |
| the person, if
sentenced to a term of imprisonment, shall be | 19 |
| sentenced to a term of not less
than 3 years and not more than | 20 |
| 14 years.
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| (e) The Secretary of State shall revoke the driving | 22 |
| privilege of any person
convicted of a violation of this | 23 |
| Section.
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| (Source: P.A. 93-684, eff. 1-1-05.)
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| (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
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| Sec. 11-501.1. Suspension of drivers license; statutory | 27 |
| summary
alcohol, other drug or drugs, or intoxicating compound | 28 |
| or
compounds related suspension; implied consent.
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| (a) Any person who drives or is in actual physical control | 30 |
| of a motor
vehicle upon the public highways of this State shall | 31 |
| be deemed to have given
consent, subject to the provisions of | 32 |
| Section 11-501.2, to a chemical test or
tests of blood, breath, | 33 |
| or urine for the purpose of determining the content of
alcohol, | 34 |
| other drug or drugs, or intoxicating compound or compounds or
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| any combination thereof in the person's blood if arrested,
as |
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| evidenced by the issuance of a Uniform Traffic Ticket, for any | 2 |
| offense
as defined in Section 11-501 or a similar provision of | 3 |
| a local ordinance , or if arrested for violating Section 11-401 .
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| The test or tests shall be administered at the direction of the | 5 |
| arresting
officer. The law enforcement agency employing the | 6 |
| officer shall designate which
of the aforesaid tests shall be | 7 |
| administered. A urine test may be administered
even after a | 8 |
| blood or breath test or both has
been administered. For | 9 |
| purposes of this Section, an Illinois law
enforcement officer | 10 |
| of this State who is investigating the person for any
offense | 11 |
| defined in Section 11-501 may travel into an adjoining state, | 12 |
| where
the person has been transported for medical care, to | 13 |
| complete an
investigation and to request that the person submit | 14 |
| to the test or tests
set forth in this Section. The | 15 |
| requirements of this Section that the
person be arrested are | 16 |
| inapplicable, but the officer shall issue the person
a Uniform | 17 |
| Traffic Ticket for an offense as defined in Section 11-501 or a
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| similar provision of a local ordinance prior to requesting that | 19 |
| the person
submit to the test or tests. The issuance of the | 20 |
| Uniform Traffic Ticket
shall not constitute an arrest, but | 21 |
| shall be for the purpose of notifying
the person that he or she | 22 |
| is subject to the provisions of this Section and
of the | 23 |
| officer's belief of the existence of probable cause to
arrest. | 24 |
| Upon returning to this State, the officer shall file the | 25 |
| Uniform
Traffic Ticket with the Circuit Clerk of the county | 26 |
| where the offense was
committed, and shall seek the issuance of | 27 |
| an arrest warrant or a summons
for the person.
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| (b) Any person who is dead, unconscious, or who is | 29 |
| otherwise in a condition
rendering the person incapable of | 30 |
| refusal, shall be deemed not to have
withdrawn the consent | 31 |
| provided by paragraph (a) of this Section and the test or
tests | 32 |
| may be administered, subject to the provisions of Section | 33 |
| 11-501.2.
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| (c) A person requested to submit to a test as provided | 35 |
| above shall
be warned by the law enforcement officer requesting | 36 |
| the test that a
refusal to submit to the test will result in |
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| the statutory summary
suspension of the person's privilege to | 2 |
| operate a motor vehicle as provided
in Section 6-208.1 of this | 3 |
| Code. The person shall also be warned by the law
enforcement | 4 |
| officer that if the person submits to the test or tests
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| provided in paragraph (a) of this Section and the alcohol | 6 |
| concentration in
the person's blood or breath is 0.08 or | 7 |
| greater, or any amount of
a
drug, substance, or compound | 8 |
| resulting from the unlawful use or consumption
of cannabis as | 9 |
| covered by the Cannabis Control Act, a controlled
substance
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| listed in the Illinois Controlled Substances Act, or an | 11 |
| intoxicating compound
listed in the Use of Intoxicating | 12 |
| Compounds Act is detected in the person's
blood or urine, a | 13 |
| statutory summary suspension of the person's privilege to
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| operate a motor vehicle, as provided in Sections 6-208.1 and | 15 |
| 11-501.1 of this
Code, will be imposed.
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| A person who is under the age of 21 at the time the person | 17 |
| is requested to
submit to a test as provided above shall, in | 18 |
| addition to the warnings provided
for in this Section, be | 19 |
| further warned by the law enforcement officer
requesting the | 20 |
| test that if the person submits to the test or tests provided | 21 |
| in
paragraph (a) of this Section and the alcohol concentration | 22 |
| in the person's
blood or breath is greater than 0.00 and less | 23 |
| than 0.08, a
suspension of the
person's privilege to operate a | 24 |
| motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | 25 |
| of this Code, will be imposed. The results of this test
shall | 26 |
| be admissible in a civil or criminal action or proceeding | 27 |
| arising from an
arrest for an offense as defined in Section | 28 |
| 11-501 of this Code or a similar
provision of a local ordinance | 29 |
| or pursuant to Section 11-501.4 in prosecutions
for reckless | 30 |
| homicide brought under the Criminal Code of 1961. These test
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| results, however, shall be admissible only in actions or | 32 |
| proceedings directly
related to the incident upon which the | 33 |
| test request was made.
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| (d) If the person refuses testing or submits to a test that | 35 |
| discloses
an alcohol concentration of 0.08 or more, or any | 36 |
| amount of a drug,
substance, or intoxicating compound in the |
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HB1351 Enrolled |
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LRB094 09428 DRH 39675 b |
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| person's breath, blood,
or urine resulting from the
unlawful | 2 |
| use or consumption of cannabis listed in the Cannabis Control | 3 |
| Act, a controlled substance listed in the Illinois Controlled | 4 |
| Substances
Act, or an intoxicating compound listed in the Use | 5 |
| of Intoxicating Compounds
Act, the law enforcement officer | 6 |
| shall immediately submit a sworn report to
the
circuit court of | 7 |
| venue and the Secretary of State, certifying that the test or
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| tests was or were requested under paragraph (a) and the person | 9 |
| refused to
submit to a test, or tests, or submitted to testing | 10 |
| that disclosed an alcohol
concentration of 0.08 or more.
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| (e) Upon receipt of the sworn report of a law enforcement | 12 |
| officer
submitted under paragraph (d), the Secretary of State | 13 |
| shall enter the
statutory summary suspension for the periods | 14 |
| specified in Section 6-208.1,
and effective as provided in | 15 |
| paragraph (g).
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| If the person is a first offender as defined in Section | 17 |
| 11-500 of this
Code, and is not convicted of a violation of | 18 |
| Section 11-501
of this Code or a similar provision of a local | 19 |
| ordinance, then reports
received by the Secretary of State | 20 |
| under this Section shall, except during
the actual time the | 21 |
| Statutory Summary Suspension is in effect, be
privileged | 22 |
| information and for use only by the courts, police officers,
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| prosecuting authorities or the Secretary of State.
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| (f) The law enforcement officer submitting the sworn report | 25 |
| under paragraph
(d) shall serve immediate notice of the | 26 |
| statutory summary suspension on the
person and the suspension | 27 |
| shall be effective as provided in paragraph (g). In
cases where | 28 |
| the blood alcohol concentration of 0.08 or greater or
any | 29 |
| amount of
a drug, substance, or compound resulting from the | 30 |
| unlawful use or consumption
of cannabis as covered by the | 31 |
| Cannabis Control Act, a controlled
substance
listed in the | 32 |
| Illinois Controlled Substances Act, or an intoxicating | 33 |
| compound
listed in the Use of Intoxicating Compounds Act is | 34 |
| established by a
subsequent
analysis of blood or urine | 35 |
| collected at the time of arrest, the arresting
officer or | 36 |
| arresting agency shall give notice as provided in this Section |
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LRB094 09428 DRH 39675 b |
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| or by
deposit in the United States mail of the notice in an | 2 |
| envelope with postage
prepaid and addressed to the person at | 3 |
| his address as shown on the Uniform
Traffic Ticket and the | 4 |
| statutory summary suspension shall begin as provided in
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| paragraph (g). The officer shall confiscate any Illinois | 6 |
| driver's license or
permit on the person at the time of arrest. | 7 |
| If the person has a valid driver's
license or permit, the | 8 |
| officer shall issue the person a receipt, in
a form prescribed | 9 |
| by the Secretary of State, that will allow that person
to drive | 10 |
| during the periods provided for in paragraph (g). The officer
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| shall immediately forward the driver's license or permit to the | 12 |
| circuit
court of venue along with the sworn report provided for | 13 |
| in
paragraph (d).
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| (g) The statutory summary suspension referred to in this | 15 |
| Section shall
take effect on the 46th day following the date | 16 |
| the notice of the statutory
summary suspension was given to the | 17 |
| person.
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| (h) The following procedure shall apply
whenever a person | 19 |
| is arrested for any offense as defined in Section 11-501
or a | 20 |
| similar provision of a local ordinance:
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| Upon receipt of the sworn report from the law enforcement | 22 |
| officer,
the Secretary of State shall confirm the statutory | 23 |
| summary suspension by
mailing a notice of the effective date of | 24 |
| the suspension to the person and
the court of venue. However, | 25 |
| should the sworn report be defective by not
containing | 26 |
| sufficient information or be completed in error, the
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| confirmation of the statutory summary suspension shall not be | 28 |
| mailed to the
person or entered to the record; instead, the | 29 |
| sworn report shall
be
forwarded to the court of venue with a | 30 |
| copy returned to the issuing agency
identifying any defect.
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| (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-357, | 32 |
| eff.
7-29-99.)
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