Full Text of HB5980 99th General Assembly
HB5980 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5980 Introduced , by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-501.6 | from Ch. 95 1/2, par. 11-501.6 |
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Amends the Illinois Vehicle Code. Provides in a serious bodily injury or fatal motor vehicle accident, issuance of a Uniform Traffic Ticket for an Illinois Vehicle Code violation is no longer required for implied consent for breath tests using a portable device and chemical tests of blood, breath, or urine, for the purpose of determining the content of alcohol, drugs, or intoxicating compounds in a person's blood. Retains the requirement for issuance of a ticket for implied consent for a non-serious bodily injury motor vehicle accident.
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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 11-501.6 as follows: | 6 | | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) | 7 | | Sec. 11-501.6. Driver involvement in bodily personal | 8 | | injury or fatal motor
vehicle accident; chemical test. | 9 | | (a) Any person who drives or is in actual control of a | 10 | | motor vehicle
upon the public highways of this State and who | 11 | | has been involved in a serious bodily
personal injury or fatal | 12 | | motor vehicle accident, shall be deemed to have
given consent | 13 | | to a breath test using a portable device as approved by the
| 14 | | Department of State Police or 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 of such
person's blood . | 18 | | (a-5) Any person who drives or is in actual control of a | 19 | | motor vehicle upon the public highways of this State and who | 20 | | has been involved in a non-serious bodily injury motor vehicle | 21 | | accident, shall be deemed to have given consent to a breath | 22 | | test using a portable device as approved by the Department of | 23 | | State Police, or to a chemical test or tests of blood, breath, |
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| 1 | | or urine for the purpose of determining the content of alcohol, | 2 | | other drug or drugs, or intoxicating compound or compounds of | 3 | | such person's blood if arrested as evidenced by the issuance of | 4 | | a Uniform Traffic
Ticket for any violation of the Illinois | 5 | | Vehicle Code or a similar provision of
a local ordinance, with | 6 | | the exception of equipment violations contained in
Chapter 12 | 7 | | of this Code, or similar provisions of local ordinances. | 8 | | (a-10) The test
or tests under subsections (a) and (a-5) of | 9 | | this Section shall be administered at the direction of the | 10 | | arresting officer. The
law enforcement agency employing the | 11 | | officer shall designate which of the
aforesaid tests shall be | 12 | | administered. A urine test may be administered even
after a | 13 | | blood or breath test or both has been administered. Compliance | 14 | | with
this Section does not relieve such person from the | 15 | | requirements of Section
11-501.1 of this Code. | 16 | | (b) Any person who is dead, unconscious or who is otherwise | 17 | | in a
condition rendering such person incapable of refusal shall | 18 | | be deemed not to
have withdrawn the consent provided by | 19 | | subsection (a) of this Section. In
addition, if a driver of a | 20 | | vehicle is receiving medical treatment as a
result of a motor | 21 | | vehicle accident, any physician licensed to practice
medicine, | 22 | | licensed physician assistant, licensed advanced practice | 23 | | nurse, registered nurse or a phlebotomist acting under the | 24 | | direction of
a licensed physician shall withdraw blood for | 25 | | testing purposes to ascertain
the presence of alcohol, other | 26 | | drug or drugs, or intoxicating
compound or compounds, upon the |
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| 1 | | specific request of a law
enforcement officer. However, no such | 2 | | testing shall be performed until, in
the opinion of the medical | 3 | | personnel on scene, the withdrawal can be made
without | 4 | | interfering with or endangering the well-being of the patient. | 5 | | (c) A person requested to submit to a test as provided | 6 | | above shall be
warned by the law enforcement officer requesting | 7 | | the test that a refusal to
submit to the test, or submission to | 8 | | the test resulting in an alcohol
concentration of 0.08 or more, | 9 | | or any amount of a drug, substance,
or intoxicating compound
| 10 | | resulting from the unlawful use or consumption of cannabis, as | 11 | | covered by the
Cannabis Control Act, a controlled substance | 12 | | listed in the Illinois
Controlled Substances Act, an | 13 | | intoxicating compound listed in the Use of
Intoxicating | 14 | | Compounds Act, or methamphetamine as listed in the | 15 | | Methamphetamine Control and Community Protection Act as | 16 | | detected in such person's blood or urine, may
result in the | 17 | | suspension of such person's privilege to operate a motor | 18 | | vehicle and may result in the disqualification of the person's | 19 | | privilege to operate a commercial motor vehicle, as provided in | 20 | | Section 6-514 of this Code, if the person is a CDL holder.
The | 21 | | length of the suspension shall be the same as outlined in | 22 | | Section
6-208.1 of this Code regarding statutory summary | 23 | | suspensions. | 24 | | A person requested to submit to a test shall also | 25 | | acknowledge, in writing, receipt of the warning required under | 26 | | this Section. If the person refuses to acknowledge receipt of |
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| 1 | | the warning, the law enforcement officer shall make a written | 2 | | notation on the warning that the person refused to sign the | 3 | | warning. A person's refusal to sign the warning shall not be | 4 | | evidence that the person was not read the warning. | 5 | | (d) If the person refuses testing or submits to a test | 6 | | which discloses
an alcohol concentration of 0.08 or more, or | 7 | | any amount of a drug,
substance,
or intoxicating compound in | 8 | | such person's blood or urine resulting from the
unlawful use or
| 9 | | consumption of cannabis listed in the Cannabis Control Act, a | 10 | | controlled
substance listed in the Illinois Controlled | 11 | | Substances Act, an
intoxicating
compound listed in the Use of | 12 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 13 | | Methamphetamine Control and Community Protection Act, the law
| 14 | | enforcement officer shall immediately submit a sworn report to | 15 | | the Secretary of
State on a form prescribed by the Secretary, | 16 | | certifying that the test or tests
were requested pursuant to | 17 | | subsection (a) or (a-5) and the person refused to submit to a
| 18 | | test or tests or submitted to testing which disclosed an | 19 | | alcohol concentration
of 0.08 or more, or any amount of a drug, | 20 | | substance, or intoxicating
compound
in such
person's blood or | 21 | | urine, resulting from the unlawful use or consumption of
| 22 | | cannabis listed in the Cannabis Control Act, a controlled | 23 | | substance
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. |
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| 1 | | Upon receipt of the sworn report of a law enforcement | 2 | | officer, the
Secretary shall enter the suspension and | 3 | | disqualification to the individual's driving record and the
| 4 | | suspension and disqualification shall be effective on the 46th | 5 | | day following the date notice of the
suspension was given to | 6 | | the person. | 7 | | The law enforcement officer submitting the sworn report | 8 | | shall serve immediate
notice of this suspension on the person | 9 | | and such suspension and disqualification shall be effective
on | 10 | | the 46th day following the date notice was given. | 11 | | In cases where the blood alcohol concentration of 0.08 or | 12 | | more,
or any amount
of a drug, substance, or intoxicating | 13 | | compound resulting from the unlawful
use or
consumption of | 14 | | cannabis as listed in the Cannabis Control Act, a
controlled
| 15 | | substance listed in the Illinois Controlled Substances Act,
an
| 16 | | intoxicating
compound listed in the Use of Intoxicating | 17 | | Compounds Act, or methamphetamine as listed in the | 18 | | Methamphetamine Control and Community Protection Act, is | 19 | | established by a
subsequent analysis of blood or urine | 20 | | collected at the time of arrest, the
arresting officer shall | 21 | | give notice as provided in this Section or by deposit
in the | 22 | | United States mail of such notice in an envelope with postage | 23 | | prepaid
and addressed to such person at his address as shown on | 24 | | the Uniform Traffic
Ticket and the suspension and | 25 | | disqualification shall be effective on the 46th day following | 26 | | the date
notice was given. |
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| 1 | | Upon receipt of the sworn report of a law enforcement | 2 | | officer, the Secretary
shall also give notice of the suspension | 3 | | and disqualification to the driver by mailing a notice of
the | 4 | | effective date of the suspension and disqualification to the | 5 | | individual. However, should the
sworn report be defective by | 6 | | not containing sufficient information or be
completed in error, | 7 | | the notice of the suspension and disqualification shall not be | 8 | | mailed to the
person or entered to the driving record, but | 9 | | rather the sworn report shall be
returned to the issuing law | 10 | | enforcement agency. | 11 | | (e) A driver may contest this suspension of his or her
| 12 | | driving privileges and disqualification of his or her CDL | 13 | | privileges by
requesting an administrative hearing with the | 14 | | Secretary in accordance with
Section 2-118 of this Code. At the | 15 | | conclusion of a hearing held under
Section 2-118 of this Code, | 16 | | the Secretary may rescind, continue, or modify the
orders
of | 17 | | suspension and disqualification. If the Secretary does not | 18 | | rescind the orders of suspension and disqualification, a | 19 | | restricted
driving permit may be granted by the Secretary upon | 20 | | application being made and
good cause shown. A restricted | 21 | | driving permit may be granted to relieve undue
hardship to | 22 | | allow driving for employment, educational, and medical | 23 | | purposes as
outlined in Section 6-206 of this Code. The | 24 | | provisions of Section 6-206 of
this Code shall apply. In | 25 | | accordance with 49 C.F.R. 384, the Secretary of State may not | 26 | | issue a restricted driving permit for the operation of a |
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| 1 | | commercial motor vehicle to a person holding a CDL whose | 2 | | driving privileges have been suspended, revoked, cancelled, or | 3 | | disqualified.
| 4 | | (f) (Blank). | 5 | | (g) For the purposes of this Section, a serious bodily | 6 | | personal injury shall include
any type A injury as indicated on | 7 | | the traffic accident report completed
by a law enforcement | 8 | | officer that requires immediate professional attention
in | 9 | | either a doctor's office or a medical facility. A type A injury | 10 | | shall
include severely bleeding wounds, distorted extremities, | 11 | | and injuries that
require the injured party to be carried from | 12 | | the scene. | 13 | | (Source: P.A. 99-467, eff. 1-1-16 .)
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