Full Text of HB6885 096th General Assembly
HB6885 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6885
Introduced , by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-501.2 |
from Ch. 95 1/2, par. 11-501.2 |
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 that if a law enforcement officer has probable cause to believe a person involved in a motor vehicle accident causing personal injury or death was under the influence of alcohol or drugs, the law enforcement officer shall request a chemical test. Effective immediately.
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A BILL FOR
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HB6885 |
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LRB096 22404 AJT 41554 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 |
| Sections 11-501.2 and 11-501.6 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, certified |
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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 certified paramedic, or other
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| 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
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| 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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| physician, or certified
paramedic. The law
enforcement | 2 |
| officer requesting the test shall take custody of the blood
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| sample, and the blood sample shall be analyzed by a | 4 |
| laboratory certified by the
Department of State Police for | 5 |
| 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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| 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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| 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, the law enforcement officer shall | 11 |
| request, and that person shall submit, upon the request of a | 12 |
| law
enforcement officer, to a chemical test or tests of his or | 13 |
| her blood, breath or
urine for the purpose of
determining the | 14 |
| alcohol content thereof or the presence of any other drug or
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| combination of both.
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| This provision does not affect the applicability of or | 17 |
| imposition of driver's
license sanctions under Section | 18 |
| 11-501.1 of this Code.
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| 3. For purposes of this Section, a personal injury includes | 20 |
| any Type A
injury as indicated on the traffic accident report | 21 |
| completed by a law
enforcement officer that requires immediate | 22 |
| professional attention in either a
doctor's office or a medical | 23 |
| facility. A Type A injury includes severe
bleeding wounds, | 24 |
| distorted extremities, and injuries that require the injured
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| party to be carried from the scene.
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| (Source: P.A. 96-289, eff. 8-11-09.)
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| (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
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| Sec. 11-501.6. Driver involvement in personal injury or | 3 |
| fatal motor
vehicle accident - chemical test. | 4 |
| (a) Any person who drives or is in actual control of a | 5 |
| motor vehicle
upon the public highways of this State and who | 6 |
| has been involved in a
personal injury or fatal motor vehicle | 7 |
| accident, shall be deemed to have
given consent to a breath | 8 |
| test using a portable device as approved by the
Department of | 9 |
| State Police or to a chemical test or tests
of blood, breath, | 10 |
| or
urine for the purpose of determining the content of alcohol,
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| other
drug or drugs, or intoxicating compound or compounds of | 12 |
| such
person's blood if arrested as evidenced by the issuance of | 13 |
| a Uniform Traffic
Ticket for any violation of the Illinois | 14 |
| Vehicle Code or a similar provision of
a local ordinance, with | 15 |
| the exception of equipment violations contained in
Chapter 12 | 16 |
| of this Code, or similar provisions of local ordinances. If a | 17 |
| law enforcement officer has probable cause to believe the | 18 |
| person was under the influence of alcohol, other drug or drugs, | 19 |
| intoxicating compound or compounds, or any combination | 20 |
| thereof, the law enforcement officer shall request a chemical | 21 |
| test or tests which The test
or tests shall be administered at | 22 |
| the direction of the arresting officer. The
law enforcement | 23 |
| agency employing the officer shall designate which of the
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| aforesaid tests shall be administered. A urine test may be | 25 |
| administered even
after a blood or breath test or both has been |
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| administered. Compliance with
this Section does not relieve | 2 |
| such person from the requirements of Section
11-501.1 of this | 3 |
| Code.
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| (b) Any person who is dead, unconscious or who is otherwise | 5 |
| in a
condition rendering such person incapable of refusal shall | 6 |
| be deemed not to
have withdrawn the consent provided by | 7 |
| subsection (a) of this Section. In
addition, if a driver of a | 8 |
| vehicle is receiving medical treatment as a
result of a motor | 9 |
| vehicle accident, any physician licensed to practice
medicine, | 10 |
| registered nurse or a phlebotomist acting under the direction | 11 |
| of
a licensed physician shall withdraw blood for testing | 12 |
| purposes to ascertain
the presence of alcohol, other drug or | 13 |
| drugs, or intoxicating
compound or compounds, upon the specific | 14 |
| request of a law
enforcement officer. However, no such testing | 15 |
| shall be performed until, in
the opinion of the medical | 16 |
| personnel on scene, the withdrawal can be made
without | 17 |
| interfering with or endangering the well-being of the patient.
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| (c) A person requested to submit to a test as provided | 19 |
| above shall be
warned by the law enforcement officer requesting | 20 |
| the test that a refusal to
submit to the test, or submission to | 21 |
| the test resulting in an alcohol
concentration of 0.08 or more, | 22 |
| or any amount of a drug, substance,
or intoxicating compound
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| resulting from the unlawful use or consumption of cannabis, as | 24 |
| covered by the
Cannabis Control Act, a controlled substance | 25 |
| listed in the Illinois
Controlled Substances Act, an | 26 |
| intoxicating compound listed in the Use of
Intoxicating |
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| Compounds Act, or methamphetamine as listed in the | 2 |
| Methamphetamine Control and Community Protection Act as | 3 |
| detected in such person's blood or urine, may
result in the | 4 |
| suspension of such person's privilege to operate a motor | 5 |
| vehicle and may result in the 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.
The | 8 |
| length of the suspension shall be the same as outlined in | 9 |
| Section
6-208.1 of this Code regarding statutory summary | 10 |
| suspensions.
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| (d) If the person refuses testing or submits to a test | 12 |
| which discloses
an alcohol concentration of 0.08 or more, or | 13 |
| any amount of a drug,
substance,
or intoxicating compound in | 14 |
| such person's blood or urine resulting from the
unlawful use or
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| consumption of cannabis listed in the Cannabis Control Act, a | 16 |
| controlled
substance listed in the Illinois Controlled | 17 |
| Substances Act, an
intoxicating
compound listed in the Use of | 18 |
| Intoxicating Compounds Act, or methamphetamine as listed in the | 19 |
| Methamphetamine Control and Community Protection Act, the law
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| enforcement officer shall immediately submit a sworn report to | 21 |
| the Secretary of
State on a form prescribed by the Secretary, | 22 |
| certifying that the test or tests
were requested pursuant to | 23 |
| subsection (a) and the person refused to submit to a
test or | 24 |
| tests or submitted to testing which disclosed an alcohol | 25 |
| concentration
of 0.08 or more, or any amount of a drug, | 26 |
| substance, or intoxicating
compound
in such
person's blood or |
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| urine, resulting from the unlawful use or consumption of
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| cannabis listed in the Cannabis Control Act, a controlled | 3 |
| substance
listed in
the Illinois Controlled Substances Act,
an | 4 |
| intoxicating compound listed in
the Use of Intoxicating | 5 |
| Compounds Act, or methamphetamine as listed in the | 6 |
| Methamphetamine Control and Community Protection Act.
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| Upon receipt of the sworn report of a law enforcement | 8 |
| officer, the
Secretary shall enter the suspension and | 9 |
| disqualification to the individual's driving record and the
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| suspension and disqualification shall be effective on the 46th | 11 |
| day following the date notice of the
suspension was given to | 12 |
| the person.
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| The law enforcement officer submitting the sworn report | 14 |
| shall serve immediate
notice of this suspension on the person | 15 |
| and such suspension and disqualification shall be effective
on | 16 |
| the 46th day following the date notice was given.
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| In cases where the blood alcohol concentration of 0.08 or | 18 |
| more,
or any amount
of a drug, substance, or intoxicating | 19 |
| compound resulting from the unlawful
use or
consumption of | 20 |
| cannabis as listed in the Cannabis Control Act, a
controlled
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| substance listed in the Illinois Controlled Substances Act,
an
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| intoxicating
compound listed in the Use of Intoxicating | 23 |
| Compounds Act, or methamphetamine as listed in the | 24 |
| Methamphetamine Control and Community Protection Act, is | 25 |
| established by a
subsequent analysis of blood or urine | 26 |
| collected at the time of arrest, the
arresting officer shall |
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| give notice as provided in this Section or by deposit
in the | 2 |
| United States mail of such notice in an envelope with postage | 3 |
| prepaid
and addressed to such person at his address as shown on | 4 |
| the Uniform Traffic
Ticket and the suspension and | 5 |
| disqualification shall be effective on the 46th day following | 6 |
| the date
notice was given.
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| Upon receipt of the sworn report of a law enforcement | 8 |
| officer, the Secretary
shall also give notice of the suspension | 9 |
| and disqualification to the driver by mailing a notice of
the | 10 |
| effective date of the suspension and disqualification to the | 11 |
| individual. However, should the
sworn report be defective by | 12 |
| not containing sufficient information or be
completed in error, | 13 |
| the notice of the suspension and disqualification shall not be | 14 |
| mailed to the
person or entered to the driving record, but | 15 |
| rather the sworn report shall be
returned to the issuing law | 16 |
| enforcement agency.
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| (e) A driver may contest this suspension of his or her
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| driving privileges and disqualification of his or her CDL | 19 |
| privileges by
requesting an administrative hearing with the | 20 |
| Secretary in accordance with
Section 2-118 of this Code. At the | 21 |
| conclusion of a hearing held under
Section 2-118 of this Code, | 22 |
| the Secretary may rescind, continue, or modify the
orders
of | 23 |
| suspension and disqualification. If the Secretary does not | 24 |
| rescind the orders of suspension and disqualification, a | 25 |
| restricted
driving permit may be granted by the Secretary upon | 26 |
| application being made and
good cause shown. A restricted |
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| driving permit may be granted to relieve undue
hardship to | 2 |
| allow driving for employment, educational, and medical | 3 |
| purposes as
outlined in Section 6-206 of this Code. The | 4 |
| provisions of Section 6-206 of
this Code shall apply. In | 5 |
| accordance with 49 C.F.R. 384, the Secretary of State may not | 6 |
| issue a restricted driving permit for the operation of a | 7 |
| commercial motor vehicle to a person holding a CDL whose | 8 |
| driving privileges have been suspended, revoked, cancelled, or | 9 |
| disqualified.
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| (f) (Blank).
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| (g) For the purposes of this Section, a personal injury | 12 |
| shall include
any type A injury as indicated on the traffic | 13 |
| accident report completed
by a law enforcement officer that | 14 |
| requires immediate professional attention
in either a doctor's | 15 |
| office or a medical facility. A type A injury shall
include | 16 |
| severely bleeding wounds, distorted extremities, and injuries | 17 |
| that
require the injured party to be carried from the scene.
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| (Source: P.A. 95-382, eff. 8-23-07.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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