Full Text of HB4774 96th General Assembly
HB4774 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4774
Introduced 1/12/2010, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-501.2 |
from Ch. 95 1/2, par. 11-501.2 |
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Amends the Illinois Vehicle Code. Provides that the Illinois Department of Public Health may not promulgate rules prohibiting an Emergency Medical Technician - Paramedic (EMT-P) licensed by the Illinois Department of Public Health from drawing blood to be used as evidence for a violation of the Illinois Vehicle Code.
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A BILL FOR
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HB4774 |
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LRB096 16700 AJT 31987 b |
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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 |
| Section 11-501.2 as follows:
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| (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
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| Sec. 11-501.2. Chemical and other tests.
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| (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
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| 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:
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| 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, licensed certified |
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HB4774 |
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LRB096 16700 AJT 31987 b |
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| 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
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| 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
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| certify the accuracy of breath testing equipment. The | 9 |
| Department
of
State Police shall prescribe regulations as | 10 |
| necessary to
implement this
Section.
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| 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 licensed certified paramedic, or | 16 |
| other
qualified person approved by the Department of State | 17 |
| Police may withdraw blood
for the purpose of determining | 18 |
| the alcohol, drug, or alcohol and drug content
therein. | 19 |
| This limitation shall not apply to the taking of breath or | 20 |
| urine
specimens.
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| 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
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| medicine in the adjoining state, a registered nurse, a | 26 |
| trained
phlebotomist acting under the direction of the |
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HB4774 |
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LRB096 16700 AJT 31987 b |
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| physician, or licensed certified
paramedic. The law
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| enforcement officer requesting the test shall take custody | 3 |
| of the blood
sample, and the blood sample shall be analyzed | 4 |
| by a laboratory certified by the
Department of State Police | 5 |
| for that purpose.
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| 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 |
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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
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| officer.
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| 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.
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| 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.
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| (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 |
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HB4774 |
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LRB096 16700 AJT 31987 b |
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| 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:
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| 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.
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| 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.
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| 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.
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| 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.
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| (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 |
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HB4774 |
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LRB096 16700 AJT 31987 b |
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| compounds, or
any combination thereof was driving or in actual | 2 |
| physical
control of a motor vehicle.
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| 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
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| alcohol, other drug or drugs, or intoxicating compound or
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| compounds,
or any combination thereof
has caused the death or
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| 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
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| determining the alcohol content thereof or the presence of any | 14 |
| other drug or
combination of both.
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| 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.
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| 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
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| party to be carried from the scene.
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| (d) The Illinois Department of Public Health may not | 26 |
| promulgate rules prohibiting an Emergency Medical Technician - |
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HB4774 |
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LRB096 16700 AJT 31987 b |
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| Paramedic (EMT-P) licensed by the Illinois Department of Public | 2 |
| Health from drawing blood to be used as evidence for a | 3 |
| violation of this Code or similar local ordinance. | 4 |
| (Source: P.A. 96-289, eff. 8-11-09.)
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