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92_HB1976 LRB9205403DHpc 1 AN ACT in relation to vehicles. 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 5 changing Sections 11-501, 11-501.2, 11-501.4, and 11-501.5 as 6 follows: 7 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 8 Sec. 11-501. Driving while under the influence of 9 alcohol, other drug or drugs, intoxicating compound or 10 compounds or any combination thereof. 11 (a) A person shall not drive or be in actual physical 12 control of any vehicle within this State while: 13 (1) the alcohol concentration in the person's blood 14 or breath is 0.08 or more based on the definition of 15 blood and breath units in Section 11-501.2; 16 (2) under the influence of alcohol; 17 (3) under the influence of any intoxicating 18 compound or combination of intoxicating compounds to a 19 degree that renders the person incapable of driving 20 safely; 21 (4) under the influence of any other drug or 22 combination of drugs to a degree that renders the person 23 incapable of safely driving; 24 (5) under the combined influence of alcohol, other 25 drug or drugs, or intoxicating compound or compounds to a 26 degree that renders the person incapable of safely 27 driving; or 28 (6) there is any amount of a drug, substance, or 29 compound in the person's breath, blood, or urine 30 resulting from the unlawful use or consumption of 31 cannabis listed in the Cannabis Control Act, a controlled -2- LRB9205403DHpc 1 substance listed in the Illinois Controlled Substances 2 Act, or an intoxicating compound listed in the Use of 3 Intoxicating Compounds Act. 4 (b) The fact that any person charged with violating this 5 Section is or has been legally entitled to use alcohol, other 6 drug or drugs, or intoxicating compound or compounds, or any 7 combination thereof, shall not constitute a defense against 8 any charge of violating this Section. 9 (c) Except as provided under paragraphs (c-3) and (d) of 10 this Section, every person convicted of violating this 11 Section or a similar provision of a local ordinance, shall be 12 guilty of a Class A misdemeanor and, in addition to any other 13 criminal or administrative action, for any second conviction 14 of violating this Section or a similar provision of alaw of15another state orlocal ordinance committed within 5 years of 16 a previous violation of this Section or a similar provision 17 of a law of another state or a local ordinance shall be 18 mandatorily sentenced to a minimum of 48 consecutive hours of 19 imprisonment or assigned to a minimum of 100 hours of 20 community service as may be determined by the court. Every 21 person convicted of violating this Section or a similar 22 provision of a local ordinance shall be subject to a 23 mandatory minimum fine of $500 and a mandatory 5 days of 24 community service in a program benefiting children if the 25 person committed a violation of paragraph (a) or a similar 26 provision of a local ordinance while transporting a person 27 under age 16. Every person convicted a second time for 28 violating this Section or a similar provision of a local 29 ordinance within 5 years of a previous violation of this 30 Section or a similar provision of a law of another state or 31 local ordinance shall be subject to a mandatory minimum fine 32 of $500 and 10 days of mandatory community service in a 33 program benefiting children if the current offense was 34 committed while transporting a person under age 16. The -3- LRB9205403DHpc 1 imprisonment or assignment under this subsection shall not be 2 subject to suspension nor shall the person be eligible for 3 probation in order to reduce the sentence or assignment. 4 (c-1) (1) A person who violates this Section during a 5 period in which his or her driving privileges are revoked 6 or suspended, where the revocation or suspension was for 7 a violation of this Section, Section 11-501.1, paragraph 8 (b) of Section 11-401, or Section 9-3 of the Criminal 9 Code of 1961 is guilty of a Class 4 felony. 10 (2) A person who violates this Section a third time 11 during a period in which his or her driving privileges 12 are revoked or suspended where the revocation or 13 suspension was for a violation of this Section, Section 14 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 15 of the Criminal Code of 1961 is guilty of a Class 3 16 felony. 17 (3) A person who violates this Section a fourth or 18 subsequent time during a period in which his or her 19 driving privileges are revoked or suspended where the 20 revocation or suspension was for a violation of this 21 Section, Section 11-501.1, paragraph (b) of Section 22 11-401, or Section 9-3 of the Criminal Code of 1961 is 23 guilty of a Class 2 felony. 24 (c-2) (Blank). 25 (c-3) Every person convicted of violating this Section 26 or a similar provision of a local ordinance who had a child 27 under age 16 in the vehicle at the time of the offense shall 28 have his or her punishment under this Act enhanced by 2 days 29 of imprisonment for a first offense, 10 days of imprisonment 30 for a second offense, 30 days of imprisonment for a third 31 offense, and 90 days of imprisonment for a fourth or 32 subsequent offense, in addition to the fine and community 33 service required under subsection (c) and the possible 34 imprisonment required under subsection (d). The imprisonment -4- LRB9205403DHpc 1 or assignment under this subsection shall not be subject to 2 suspension nor shall the person be eligible for probation in 3 order to reduce the sentence or assignment. 4 (d) (1) Every person convicted of committing a violation 5 of this Section shall be guilty of aggravated driving under 6 the influence of alcohol, other drug or drugs, or 7 intoxicating compound or compounds, or any combination 8 thereof if: 9 (A) the person committed a violation of this 10 Section, or a similar provision of a law of another state 11 or a local ordinance when the cause of action is the same 12 as or substantially similar to this Section, for the 13 third or subsequent time; 14 (B) the person committed a violation of paragraph 15 (a) while driving a school bus with children on board; 16 (C) the person in committing a violation of 17 paragraph (a) was involved in a motor vehicle accident 18 that resulted in great bodily harm or permanent 19 disability or disfigurement to another, when the 20 violation was a proximate cause of the injuries; or 21 (D) the person committed a violation of paragraph 22 (a) for a second time and has been previously convicted 23 of violating Section 9-3 of the Criminal Code of 1961 24 relating to reckless homicide in which the person was 25 determined to have been under the influence of alcohol, 26 other drug or drugs, or intoxicating compound or 27 compounds as an element of the offense or the person has 28 previously been convicted under subparagraph (C) of this 29 paragraph (1). 30 (2) Aggravated driving under the influence of alcohol, 31 other drug or drugs, or intoxicating compound or compounds, 32 or any combination thereof is a Class 4 felony.for whichA 33 person, ifsentenced to a term of imprisonment, shall be34sentenced to not less than one year and not more than 3 years-5- LRB9205403DHpc 1 for a violation of subparagraph (C)(A), (B) or (D)of 2 paragraph (1) of this subsection (d) shall be sentenced to 3andnot less than one year and not more than 12 yearsfor a4violation of subparagraph (C) of paragraph (1) of this5subsection (d). For any prosecution under this subsection 6 (d), a certified copy of the driving abstract of the 7 defendant shall be admitted as proof of any prior conviction. 8 (e) After a finding of guilt and prior to any final 9 sentencing, or an order for supervision, for an offense based 10 upon an arrest for a violation of this Section or a similar 11 provision of a local ordinance, individuals shall be required 12 to undergo a professional evaluation to determine if an 13 alcohol, drug, or intoxicating compound abuse problem exists 14 and the extent of the problem. Programs conducting these 15 evaluations shall be licensed by the Department of Human 16 Services. The cost of any professional evaluation shall be 17 paid for by the individual required to undergo the 18 professional evaluation. 19 (f) Every person found guilty of violating this Section, 20 whose operation of a motor vehicle while in violation of this 21 Section proximately caused any incident resulting in an 22 appropriate emergency response, shall be liable for the 23 expense of an emergency response as provided under Section 24 5-5-3 of the Unified Code of Corrections. 25 (g) The Secretary of State shall revoke the driving 26 privileges of any person convicted under this Section or a 27 similar provision of a local ordinance. 28 (h) Every person sentenced under subsection (d) of this 29 Section and who receives a term of probation or conditional 30 discharge shall be required to serve a minimum term of either 31 30 days community service or, beginning July 1, 1993, 48 32 consecutive hours of imprisonment as a condition of the 33 probation or conditional discharge. This mandatory minimum 34 term of imprisonment or assignment of community service shall -6- LRB9205403DHpc 1 not be suspended and shall not be subject to reduction by the 2 court. 3 (i) The Secretary of State may use ignition interlock 4 device requirements when granting driving relief to 5 individuals who have been arrested for a second or subsequent 6 offense of this Section or a similar provision of a local 7 ordinance. The Secretary shall establish by rule and 8 regulation the procedures for use of the interlock system. 9 (j) In addition to any other penalties and liabilities, 10 a person who is found guilty of or pleads guilty to violating 11 this Section, including any person placed on court 12 supervision for violating this Section, shall be fined $100, 13 payable to the circuit clerk, who shall distribute the money 14 to the law enforcement agency that made the arrest. In the 15 event that more than one agency is responsible for the 16 arrest, the $100 shall be shared equally. Any moneys 17 received by a law enforcement agency under this subsection 18 (j) shall be used to purchase law enforcement equipment that 19 will assist in the prevention of alcohol related criminal 20 violence throughout the State. This shall include, but is 21 not limited to, in-car video cameras, radar and laser speed 22 detection devices, and alcohol breath testers. Any moneys 23 received by the Department of State Police under this 24 subsection (j) shall be deposited into the State Police DUI 25 Fund and shall be used to purchase law enforcement equipment 26 that will assist in the prevention of alcohol related 27 criminal violence throughout the State. 28 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 29 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 30 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, 31 eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.) 32 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2) 33 Sec. 11-501.2. Chemical and other tests. -7- LRB9205403DHpc 1 (a) Upon the trial of any civil or criminal action or 2 proceeding arising out of an arrest for an offense as defined 3 in Section 11-501 or a similar local ordinance or proceedings 4 pursuant to Section 2-118.1, evidence of the concentration of 5 alcohol, other drug or drugs, or intoxicating compound or 6 compounds, or any combination thereof in a person's blood or 7 breath at the time alleged, as determined by analysis of the 8 person's blood, urine, breath or other bodily substance, 9 shall be admissible. Where such test is made the following 10 provisions shall apply: 11 1. Chemical analyses of the person's blood, urine, 12 breath or other bodily substance to be considered valid 13 under the provisions of this Section shall have been 14 performed according to standards promulgated by the 15 Department of State Police by a licensed physician, 16 registered nurse, trained phlebotomist acting under the 17 direction of a licensed physician, certified paramedic, 18 or other individual possessing a valid permit issued by 19 that Department for this purpose. The Director of State 20 Police is authorized to approve satisfactory techniques 21 or methods, to ascertain the qualifications and 22 competence of individuals to conduct such analyses, to 23 issue permits which shall be subject to termination or 24 revocation at the discretion of that Department and to 25 certify the accuracy of breath testing equipment. The 26 Department of State Police shall prescribe regulations as 27 necessary to implement this Section. 28 2. When a person in this State shall submit to a 29 blood test at the request of a law enforcement officer 30 under the provisions of Section 11-501.1, only a 31 physician authorized to practice medicine, a registered 32 nurse, trained phlebotomist, or certified paramedic, or 33 other qualified person approved by the Department of 34 State Police may withdraw blood for the purpose of -8- LRB9205403DHpc 1 determining the alcohol, drug, or alcohol and drug 2 content therein. This limitation shall not apply to the 3 taking of breath or urine specimens. Upon request by a 4 law enforcement officer, hospital personnel shall 5 withdraw blood and obtain urine samples for the purpose 6 of determining the alcohol or drug content of the 7 person's blood and urine. 8 When a blood test of a person who has been taken to 9 an adjoining state for medical treatment is requested by 10 an Illinois law enforcement officer, the blood may be 11 withdrawn only by a physician authorized to practice 12 medicine in the adjoining state, a registered nurse, a 13 trained phlebotomist acting under the direction of the 14 physician, or certified paramedic. The law enforcement 15 officer requesting the test shall take custody of the 16 blood sample, and the blood sample shall be analyzed by a 17 laboratory certified by the Department of State Police 18 for that purpose. 19 3. The person tested may have a physician, or a 20 qualified technician, chemist, registered nurse, or other 21 qualified person of their own choosing administer a 22 chemical test or tests in addition to any administered at 23 the direction of a law enforcement officer. The failure 24 or inability to obtain an additional test by a person 25 shall not preclude the admission of evidence relating to 26 the test or tests taken at the direction of a law 27 enforcement officer. 28 4. Upon the request of the person who shall submit 29 to a chemical test or tests at the request of a law 30 enforcement officer, full information concerning the test 31 or tests shall be made available to the person or such 32 person's attorney. 33 5. Alcohol concentration shall mean either grams of 34 alcohol per 100 milliliters of blood or grams of alcohol -9- LRB9205403DHpc 1 per 210 liters of breath. 2 (b) Upon the trial of any civil or criminal action or 3 proceeding arising out of acts alleged to have been committed 4 by any person while driving or in actual physical control of 5 a vehicle while under the influence of alcohol, the 6 concentration of alcohol in the person's blood or breath at 7 the time alleged as shown by analysis of the person's blood, 8 urine, breath, or other bodily substance shall give rise to 9 the following presumptions: 10 1. If there was at that time an alcohol 11 concentration of 0.05 or less, it shall be presumed that 12 the person was not under the influence of alcohol. 13 2. If there was at that time an alcohol 14 concentration in excess of 0.05 but less than 0.08, such 15 facts shall not give rise to any presumption that the 16 person was or was not under the influence of alcohol, but 17 such fact may be considered with other competent evidence 18 in determining whether the person was under the influence 19 of alcohol. 20 3. If there was at that time an alcohol 21 concentration of 0.08 or more, it shall be presumed that 22 the person was under the influence of alcohol. 23 4. The foregoing provisions of this Section shall 24 not be construed as limiting the introduction of any 25 other relevant evidence bearing upon the question whether 26 the person was under the influence of alcohol. 27 (c) 1. If a person under arrest refuses to submit to a 28 chemical test under the provisions of Section 11-501.1, 29 evidence of refusal shall be admissible in any civil or 30 criminal action or proceeding arising out of acts alleged to 31 have been committed while the person under the influence of 32 alcohol, other drug or drugs, or intoxicating compound or 33 compounds, or any combination thereof was driving or in 34 actual physical control of a motor vehicle. -10- LRB9205403DHpc 1 2. Notwithstanding any ability to refuse under this 2 Code to submit to these tests or any ability to revoke 3 the implied consent to these tests, if a law enforcement 4 officer has probable cause to believe that a motor 5 vehicle driven by or in actual physical control of a 6 person under the influence of alcohol, other drug or 7 drugs, or intoxicating compound or compounds, or any 8 combination thereof has caused the death or personal 9 injury to another, that person shall submit, upon the 10 request of a law enforcement officer, to a chemical test 11 or tests of his or her blood, breath or urine for the 12 purpose of determining the alcohol content thereof or the 13 presence of any other drug or combination of both. Upon 14 request by a law enforcement officer, hospital personnel 15 shall withdraw blood and obtain urine samples for the 16 purpose of determining the alcohol or drug content of the 17 person's blood and urine. 18 This provision does not affect the applicability of or 19 imposition of driver's license sanctions under Section 20 11-501.1 of this Code. 21 3. For purposes of this Section, a personal injury 22 includes any Type A injury as indicated on the traffic 23 accident report completed by a law enforcement officer 24 that requires immediate professional attention in either 25 a doctor's office or a medical facility. A Type A injury 26 includes severe bleeding wounds, distorted extremities, 27 and injuries that require the injured party to be carried 28 from the scene. 29 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 30 91-828, eff. 1-1-01.) 31 (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4) 32 Sec. 11-501.4. Admissibility of chemical tests of blood 33 conducted in the regular course of providing emergency -11- LRB9205403DHpc 1 medical treatment. 2 (a) Notwithstanding any other provision of law, the 3 results of blood tests performed for the purpose of 4 determining the content of alcohol, other drug or drugs, or 5 intoxicating compound or compounds, or any combination 6 thereof, of an individual's blood conducted upon persons 7 receiving medical treatment in a hospital emergency room are 8 admissible in evidence as a business record exception to the 9 hearsay rule only in prosecutions for any violation of 10 Section 11-501 of this Code or a similar provision of a local 11 ordinance, or in prosecutions for reckless homicide brought 12 under the Criminal Code of 1961, when each of the following 13 criteria are met: 14 (1) the chemical tests performed upon an 15 individual's blood were ordered in the regular course of 16 providing emergency medical treatment and not at the 17 request of law enforcement authorities; 18 (2) the chemical tests performed upon an 19 individual's blood were performed by the laboratory 20 routinely used by the hospital; and 21 (3) results of chemical tests performed upon an 22 individual's blood are admissible into evidence 23 regardless of the time that the records were prepared. 24 (b) The confidentiality provisions of law pertaining to 25 medical records and medical treatment shall not be applicable 26 with regard to chemical tests performed upon an individual's 27 blood under the provisions of this Section in prosecutions as 28 specified in subsection (a) of this Section. No person shall 29 be liable for civil damages as a result of the evidentiary 30 use of chemical testing of an individual's blood test results 31 under this Section, or as a result of that person's testimony 32 made available under this Section. 33 (c) As a result of a blood test taken under this 34 Section, a serum blood alcohol level of 0.10 or more is prima -12- LRB9205403DHpc 1 facie evidence of a violation of Section 11-501(a)(1). 2 (d) Evidence of serum blood alcohol is evidence of 3 impairment in a prosecution under Section 11-501(a)(2). 4 (Source: P.A. 90-779, eff. 1-1-99.) 5 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5) 6 Sec. 11-501.5. Preliminary Breath Screening Test. 7 (a) If a law enforcement officer has reasonable 8 suspicion to believe that a person is violating or has 9 violated Section 11-501 or a similar provision of a local 10 ordinance, the officer, prior to an arrest, may request the 11 person to provide a sample of his or her breath for a 12 preliminary breath screening test using a portable device 13 approved by the Department of State Police. The person may 14 refuse the test. The results of this preliminary breath 15 screening test may be used by the law enforcement officer for 16 the purpose of assisting with the determination of whether to 17 require a chemical test as authorized under Sections 11-501.1 18 and 11-501.2, and the appropriate type of test to request. 19 Any chemical test authorized under Sections 11-501.1 and 20 11-501.2 may be requested by the officer regardless of the 21 result of the preliminary breath screening test, if probable 22 cause for an arrest exists. The result of a preliminary 23 breath screening test may be used by the defendant as 24 evidence in any administrative or court proceeding involving 25 a violation of Section 11-501 or 11-501.1. 26 (b) The Department of State Police shall create a pilot 27 program to establish the effectiveness of pupillometer 28 technology (the measurement of the pupil's reaction to light) 29 as a noninvasive technique to detect and measure possible 30 impairment of any person who drives or is in actual physical 31 control of a motor vehicle resulting from the suspected usage 32 of alcohol, other drug or drugs, intoxicating compound or 33 compounds or any combination thereof. This technology shall -13- LRB9205403DHpc 1 also be used to detect fatigue levels of the operator of a 2 Commercial Motor Vehicle as defined in Section 6-500(6), 3 pursuant to Section 18b-105 (Part 395-Hours of Service of 4 Drivers) of the Illinois Vehicle Code. A State Police 5 officer may request that the operator of a commercial motor 6 vehicle have his or her eyes examined or tested with a 7 pupillometer device. The person may refuse the examination 8 or test. The State Police officer shall have the device 9 readily available to limit undue delays. 10 If a State Police officer has reasonable suspicion to 11 believe that a person is violating or has violated Section 12 11-501, the officer may use the pupillometer technology, when 13 available. The officer, prior to an arrest, may request the 14 person to have his or her eyes examined or tested with a 15 pupillometer device. The person may refuse the examination 16 or test. The results of this examination or test may be used 17 by the officer for the purpose of assisting with the 18 determination of whether to require a chemical test as 19 authorized under Sections 11-501.1 and 11-501.2 and the 20 appropriate type of test to request. Any chemical test 21 authorized under Sections 11-501.1 and 11-501.2 may be 22 requested by the officer regardless of the result of the 23 pupillometer examination or test, if probable cause for an 24 arrest exists. The result of the examination or test may be 25 used by the defendant as evidence in any administrative or 26 court proceeding involving a violation of 11-501 or 11-501.1. 27 The pilot program shall last for a period of 18 months 28 and involve the testing of 15 pupillometer devices. Within 29 90 days of the completion of the pilot project, the 30 Department of State Police shall file a report with the 31 President of the Senate and Speaker of the House evaluating 32 the project. 33 (b) The results of a preliminary breath screening test 34 are admissible by the State during any civil or criminal -14- LRB9205403DHpc 1 proceeding challenging a police officer's determination that 2 probable cause existed to arrest the defendant for driving 3 while under the influence of alcohol. Evidence of 4 non-compliance with manufacturer's recommendations does not 5 affect the admissibility of a preliminary breath screening 6 test at a hearing challenging probable cause. 7 (Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00; 8 revised 7-12-00.)