Full Text of HB0886 94th General Assembly
HB0886 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0886
Introduced 2/2/2005, by Rep. John J. Millner 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, if a law enforcement officer has probable cause to believe that a vehicle driven by a person suspected of driving under the influence of alcohol, drugs, or intoxicating compounds has caused death or personal injury (rather than the death of or personal injury to another) or if the officer has probable cause to believe that the suspect has committed a previous DUI violation, the suspect shall submit to chemical testing at the officer's request. Provides that the provision does not restrict the ability of a law enforcement officer to obtain a search warrant upon a showing of probable cause and does not restrict the ability of a law enforcement officer to rely on any recognized exception to the warrant requirement.
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A BILL FOR
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HB0886 |
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LRB094 05939 DRH 35994 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 acting under the
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| direction of a licensed physician, certified paramedic, or | 25 |
| other individual
possessing a valid permit issued by that | 26 |
| Department for
this purpose. The Director of State Police | 27 |
| is authorized to approve satisfactory
techniques or | 28 |
| methods, to ascertain the qualifications and competence of
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| individuals to conduct such analyses, to issue permits | 30 |
| which shall be subject
to termination or revocation at the | 31 |
| discretion of that Department and to
certify the accuracy | 32 |
| of breath testing equipment. The Department
of
State Police |
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HB0886 |
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LRB094 05939 DRH 35994 b |
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| shall prescribe regulations as necessary to
implement this
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| Section.
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| 2. When a person in this State shall submit to a blood | 4 |
| test at the request
of a law enforcement officer under the | 5 |
| provisions of Section 11-501.1, only a
physician | 6 |
| authorized to practice medicine, a registered nurse, | 7 |
| trained
phlebotomist, or certified paramedic, or other
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| qualified person approved by the Department of State Police | 9 |
| may withdraw blood
for the purpose of determining the | 10 |
| alcohol, drug, or alcohol and drug content
therein. This | 11 |
| 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 | 14 |
| adjoining state
for medical treatment is requested by an | 15 |
| Illinois law enforcement officer,
the blood may be | 16 |
| withdrawn only by a physician authorized to practice
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| medicine in the adjoining state, a registered nurse, a | 18 |
| trained
phlebotomist acting under the direction of the | 19 |
| physician, or certified
paramedic. The law
enforcement | 20 |
| officer requesting the test shall take custody of the blood
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| sample, and the blood sample shall be analyzed by a | 22 |
| laboratory certified by the
Department of State Police for | 23 |
| that purpose.
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| 3. The person tested may have a physician, or a | 25 |
| qualified technician,
chemist, registered nurse, or other | 26 |
| qualified person of their own choosing
administer a | 27 |
| chemical test or tests in addition to any administered at | 28 |
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direction of a law enforcement officer. The failure or | 29 |
| inability to obtain
an additional test by a person shall | 30 |
| not preclude the admission of evidence
relating to the test | 31 |
| 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 | 34 |
| chemical test
or tests at the request of a law enforcement | 35 |
| officer, full information
concerning the test or tests | 36 |
| shall be made available to the person or such
person's |
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HB0886 |
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LRB094 05939 DRH 35994 b |
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| attorney.
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| 5. Alcohol concentration shall mean either grams of | 3 |
| alcohol per 100
milliliters of blood or grams of alcohol | 4 |
| per 210 liters of breath.
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| (b) Upon the trial of any civil or criminal action or | 6 |
| proceeding arising
out of acts alleged to have been committed | 7 |
| by any person while driving or
in actual physical control of a | 8 |
| vehicle while under the influence of alcohol,
the concentration | 9 |
| of alcohol in the person's blood or breath at the time
alleged | 10 |
| as shown by analysis of the person's blood, urine, breath, or | 11 |
| other
bodily substance shall give rise to the following | 12 |
| presumptions:
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| 1. If there was at that time an alcohol concentration | 14 |
| of 0.05 or less,
it shall be presumed that the person was | 15 |
| not under the influence of alcohol.
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| 2. If there was at that time an alcohol concentration | 17 |
| in excess of 0.05
but less than 0.08, such facts shall not | 18 |
| give rise to any
presumption that
the person was or was not | 19 |
| under the influence of alcohol, but such fact
may be | 20 |
| considered with other competent evidence in determining | 21 |
| whether the
person was under the influence of alcohol.
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| 3. If there was at that time an alcohol concentration | 23 |
| of 0.08
or more,
it shall be presumed that the person was | 24 |
| under the influence of alcohol.
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| 4. The foregoing provisions of this Section shall not | 26 |
| be construed as
limiting the introduction of any other | 27 |
| relevant evidence bearing upon the
question whether the | 28 |
| person was under the influence of alcohol.
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| (c) 1. If a person under arrest refuses to submit to a | 30 |
| chemical test
under
the provisions of Section 11-501.1, | 31 |
| evidence of refusal shall be admissible
in any civil or | 32 |
| criminal action or proceeding arising out of acts alleged
to | 33 |
| have been committed while the person under the influence of | 34 |
| alcohol,
other drug or drugs, or intoxicating compound or | 35 |
| compounds, or
any combination thereof was driving or in actual | 36 |
| physical
control of a motor vehicle.
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HB0886 |
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LRB094 05939 DRH 35994 b |
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| 2. Notwithstanding any ability to refuse under this | 2 |
| Code to submit to
these tests or any ability to revoke the | 3 |
| implied consent to these tests, if a
law enforcement | 4 |
| officer has probable cause to believe that a motor vehicle
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| driven by or in actual physical control of a person under | 6 |
| the influence of
alcohol, other drug or drugs, or | 7 |
| intoxicating compound or
compounds,
or any combination | 8 |
| thereof
has caused the death or
personal injury or has | 9 |
| previously violated Section 11-501 or a similar provision | 10 |
| of a law of another state or a local ordinance
to another , | 11 |
| that person shall submit, upon the request of a law
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| enforcement officer, to a chemical test or tests of his or | 13 |
| her blood, breath or
urine for the purpose of
determining | 14 |
| the alcohol content thereof or the presence of any other | 15 |
| drug or
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. This paragraph 2 does not restrict | 19 |
| the ability of a law enforcement officer to obtain a search | 20 |
| warrant from a neutral magistrate upon a showing of | 21 |
| constitutionally sufficient probable cause and does not | 22 |
| restrict the ability of a law enforcement officer to rely | 23 |
| on any recognized exception to the warrant requirement.
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| 3. For purposes of this Section, a personal injury | 25 |
| includes any Type A
injury as indicated on the traffic | 26 |
| accident report completed by a law
enforcement officer that | 27 |
| requires immediate professional attention in either a
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| doctor's office or a medical facility. A Type A injury | 29 |
| includes severe
bleeding wounds, distorted extremities, | 30 |
| and injuries that require the injured
party to be carried | 31 |
| from the scene.
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| (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828, | 33 |
| eff. 1-1-01.)
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