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92_HB6018
LRB9214864DHgcA
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
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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), (c-4),
10 and (d) of this Section, every person convicted of violating
11 this Section or a similar provision of a local ordinance,
12 shall be guilty of a Class A misdemeanor and, in addition to
13 any other criminal or administrative action, for any second
14 conviction of violating this Section or a similar provision
15 of a law of another state or local ordinance committed within
16 5 years of a previous violation of this Section or a similar
17 provision of a law of another state or a local ordinance
18 shall be mandatorily sentenced to a minimum of 5 days of
19 imprisonment or assigned to a minimum of 30 days of community
20 service as may be determined by the court. Every person
21 convicted of violating this Section or a similar provision of
22 a local ordinance shall be subject to an additional mandatory
23 minimum fine of $500 and an additional 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 an additional mandatory
32 minimum fine of $500 and an additional 10 days of mandatory
33 community service in a program benefiting children if the
34 current offense was committed while transporting a person
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1 under age 16. The imprisonment or assignment under this
2 subsection shall not be subject to suspension nor shall the
3 person be eligible for probation in order to reduce the
4 sentence or assignment.
5 (c-1) (1) A person who violates this Section during a
6 period in which his or her driving privileges are revoked
7 or suspended, where the revocation or suspension was for
8 a violation of this Section, Section 11-501.1, paragraph
9 (b) of Section 11-401, or Section 9-3 of the Criminal
10 Code of 1961 is guilty of a Class 4 felony.
11 (2) A person who violates this Section a third time
12 during a period in which his or her driving privileges
13 are revoked or suspended where the revocation or
14 suspension was for a violation of this Section, Section
15 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
16 of the Criminal Code of 1961 is guilty of a Class 3
17 felony.
18 (3) A person who violates this Section a fourth or
19 subsequent time during a period in which his or her
20 driving privileges are revoked or suspended where the
21 revocation or suspension was for a violation of this
22 Section, Section 11-501.1, paragraph (b) of Section
23 11-401, or Section 9-3 of the Criminal Code of 1961 is
24 guilty of a Class 2 felony.
25 (c-2) (Blank).
26 (c-3) Every person convicted of violating this Section
27 or a similar provision of a local ordinance who had a
28 child under age 16 in the vehicle at the time of the
29 offense shall have his or her punishment under this Act
30 enhanced by 2 days of imprisonment for a first offense,
31 10 days of imprisonment for a second offense, 30 days of
32 imprisonment for a third offense, and 90 days of
33 imprisonment for a fourth or subsequent offense, in
34 addition to the fine and community service required under
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1 subsection (c) and the possible imprisonment required
2 under subsection (d). The imprisonment or assignment
3 under this subsection shall not be subject to suspension
4 nor shall the person be eligible for probation in order
5 to reduce the sentence or assignment.
6 (c-4) When a person is convicted of violating Section
7 11-501 of this Code or a similar provision of a local
8 ordinance, the following penalties apply when his or her
9 blood, breath, or urine was .16 or more based on the
10 definition of blood, breath, or urine units in Section
11 11-501.2 or when that person is convicted of violating this
12 Section while transporting a child under the age of 16:
13 (1) A person who is convicted of violating
14 subsection (a) of Section 11-501 of this Code a first
15 time, in addition to any other penalty that may be
16 imposed under subsection (c), is subject to a mandatory
17 minimum of 100 hours of community service and a minimum
18 fine of $500.
19 (2) A person who is convicted of violating
20 subsection (a) of Section 11-501 of this Code a second
21 time within 10 years, in addition to any other penalty
22 that may be imposed under subsection (c), is subject to a
23 mandatory minimum of 2 days of imprisonment and a minimum
24 fine of $1,250.
25 (3) A person who is convicted of violating
26 subsection (a) of Section 11-501 of this Code a third
27 time within 20 years is guilty of a Class 4 felony and,
28 in addition to any other penalty that may be imposed
29 under subsection (c), is subject to a mandatory minimum
30 of 90 days of imprisonment and a minimum fine of $2,500.
31 (4) A person who is convicted of violating this
32 subsection (c-4) a fourth or subsequent time is guilty of
33 a Class 2 felony and, in addition to any other penalty
34 that may be imposed under subsection (c), is not eligible
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1 for a sentence of probation or conditional discharge and
2 is subject to a minimum fine of $2,500.
3 (d) (1) Every person convicted of committing a violation
4 of this Section shall be guilty of aggravated driving
5 under the influence of alcohol, other drug or drugs, or
6 intoxicating compound or compounds, or any combination
7 thereof if:
8 (A) the person committed a violation of this
9 Section, or a similar provision of a law of another
10 state or a local ordinance when the cause of action
11 is the same as or substantially similar to this
12 Section, for the third or subsequent time;
13 (B) the person committed a violation of
14 paragraph (a) while driving a school bus with
15 children on board;
16 (C) the person in committing a violation of
17 paragraph (a) was involved in a motor vehicle
18 accident that resulted in great bodily harm or
19 permanent disability or disfigurement to another,
20 when the violation was a proximate cause of the
21 injuries;
22 (D) the person committed a violation of
23 paragraph (a) for a second time and has been
24 previously convicted of violating Section 9-3 of the
25 Criminal Code of 1961 relating to reckless homicide
26 in which the person was determined to have been
27 under the influence of alcohol, other drug or drugs,
28 or intoxicating compound or compounds as an element
29 of the offense or the person has previously been
30 convicted under subparagraph (C) of this paragraph
31 (1); or
32 (E) the person, in committing a violation of
33 paragraph (a) while driving at any speed in a school
34 speed zone at a time when a speed limit of 20 miles
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1 per hour was in effect under subsection (a) of
2 Section 11-605 of this Code, was involved in a motor
3 vehicle accident that resulted in bodily harm, other
4 than great bodily harm or permanent disability or
5 disfigurement, to another person, when the violation
6 of paragraph (a) was a proximate cause of the bodily
7 harm.
8 (2) Aggravated driving under the influence of
9 alcohol, other drug or drugs, or intoxicating compound or
10 compounds, or any combination thereof is a Class 4
11 felony. For , , or (E) a violation of subparagraph (C)
12 of paragraph (1) of this subsection (d), the defendant,
13 if sentenced to a term of imprisonment, shall be
14 sentenced to not less than one year nor more than 12
15 years. For any prosecution under this subsection (d), a
16 certified copy of the driving abstract of the defendant
17 shall be admitted as proof of any prior conviction.
18 (e) After a finding of guilt and prior to any final
19 sentencing, or an order for supervision, for an offense based
20 upon an arrest for a violation of this Section or a similar
21 provision of a local ordinance, individuals shall be required
22 to undergo a professional evaluation to determine if an
23 alcohol, drug, or intoxicating compound abuse problem exists
24 and the extent of the problem, and undergo the imposition of
25 treatment as appropriate. Programs conducting these
26 evaluations shall be licensed by the Department of Human
27 Services. The cost of any professional evaluation shall be
28 paid for by the individual required to undergo the
29 professional evaluation.
30 (f) Every person found guilty of violating this Section,
31 whose operation of a motor vehicle while in violation of this
32 Section proximately caused any incident resulting in an
33 appropriate emergency response, shall be liable for the
34 expense of an emergency response as provided under Section
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1 5-5-3 of the Unified Code of Corrections.
2 (g) The Secretary of State shall revoke the driving
3 privileges of any person convicted under this Section or a
4 similar provision of a local ordinance.
5 (h) Every person sentenced under paragraph (2) or (3) of
6 subsection (c-1) of this Section or subsection (d) of this
7 Section and who receives a term of probation or conditional
8 discharge shall be required to serve a minimum term of either
9 60 days community service or 10 days of imprisonment as a
10 condition of the probation or conditional discharge. This
11 mandatory minimum term of imprisonment or assignment of
12 community service shall not be suspended and shall not be
13 subject to reduction by the court.
14 (i) The Secretary of State shall require the use of
15 ignition interlock devices on all vehicles owned by an
16 individual who has been convicted of a second or subsequent
17 offense of this Section or a similar provision of a local
18 ordinance. The Secretary shall establish by rule and
19 regulation the procedures for certification and use of the
20 interlock system.
21 (j) In addition to any other penalties and liabilities,
22 a person who is found guilty of or pleads guilty to violating
23 this Section, including any person placed on court
24 supervision for violating this Section, shall be fined $100,
25 payable to the circuit clerk, who shall distribute the money
26 to the law enforcement agency that made the arrest. If the
27 person has been previously convicted of violating this
28 Section or a similar provision of a local ordinance, the fine
29 shall be $200. In the event that more than one agency is
30 responsible for the arrest, the $100 or $200 shall be shared
31 equally. Any moneys received by a law enforcement agency
32 under this subsection (j) shall be used to purchase law
33 enforcement equipment that will assist in the prevention of
34 alcohol related criminal violence throughout the State. This
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1 shall include, but is not limited to, in-car video cameras,
2 radar and laser speed detection devices, and alcohol breath
3 testers. Any moneys received by the Department of State
4 Police under this subsection (j) shall be deposited into the
5 State Police DUI Fund and shall be used to purchase law
6 enforcement equipment that will assist in the prevention of
7 alcohol related criminal violence throughout the State.
8 (Source: P.A. 91-126, eff. 7-16-99; 91-357, eff. 7-29-99;
9 91-692, eff. 4-13-00; 91-822, eff. 6-13-00; 92-248, eff.
10 8-3-01; 92-418, eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
11 eff. 1-1-02; 92-431, eff. 1-1-02; revised 10-12-01.)
12 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
13 Sec. 11-501.2. Chemical and other tests.
14 (a) Upon the trial of any civil or criminal action or
15 proceeding arising out of an arrest for an offense as defined
16 in Section 11-501 or a similar local ordinance or proceedings
17 pursuant to Section 2-118.1, evidence of the concentration of
18 alcohol, other drug or drugs, or intoxicating compound or
19 compounds, or any combination thereof in a person's blood or
20 breath at the time alleged, as determined by analysis of the
21 person's blood, urine, breath or other bodily substance,
22 shall be admissible. Where such test is made the following
23 provisions shall apply:
24 1. Chemical analyses of the person's blood, urine,
25 breath or other bodily substance to be considered valid
26 under the provisions of this Section shall have been
27 performed according to standards promulgated by the
28 Department of State Police by a licensed physician,
29 registered nurse, trained phlebotomist acting under the
30 direction of a licensed physician, certified paramedic,
31 or other individual possessing a valid permit issued by
32 that Department for this purpose. The Director of State
33 Police is authorized to approve satisfactory techniques
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1 or methods, to ascertain the qualifications and
2 competence of individuals to conduct such analyses, to
3 issue permits which shall be subject to termination or
4 revocation at the discretion of that Department and to
5 certify the accuracy of breath testing equipment. The
6 Department of State Police shall prescribe regulations as
7 necessary to implement this Section.
8 2. When a person in this State shall submit to a
9 blood test at the request of a law enforcement officer
10 under the provisions of Section 11-501.1, only a
11 physician authorized to practice medicine, a registered
12 nurse, trained phlebotomist, or certified paramedic, or
13 other qualified person approved by the Department of
14 State Police may withdraw blood for the purpose of
15 determining the alcohol, drug, or alcohol and drug
16 content therein. This limitation shall not apply to the
17 taking of breath or urine specimens. Upon request by a
18 law enforcement officer, hospital personnel shall
19 withdraw blood and obtain urine samples for the purpose
20 of determining the alcohol or drug content of the
21 person's blood and urine.
22 When a blood test of a person who has been taken to
23 an adjoining state for medical treatment is requested by
24 an Illinois law enforcement officer, the blood may be
25 withdrawn only by a physician authorized to practice
26 medicine in the adjoining state, a registered nurse, a
27 trained phlebotomist acting under the direction of the
28 physician, or certified paramedic. The law enforcement
29 officer requesting the test shall take custody of the
30 blood sample, and the blood sample shall be analyzed by a
31 laboratory certified by the Department of State Police
32 for that purpose.
33 3. The person tested may have a physician, or a
34 qualified technician, chemist, registered nurse, or other
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1 qualified person of their own choosing administer a
2 chemical test or tests in addition to any administered at
3 the direction of a law enforcement officer. The failure
4 or inability to obtain an additional test by a person
5 shall not preclude the admission of evidence relating to
6 the test or tests taken at the direction of a law
7 enforcement officer.
8 4. Upon the request of the person who shall submit
9 to a chemical test or tests at the request of a law
10 enforcement officer, full information concerning the test
11 or tests shall be made available to the person or such
12 person's attorney.
13 5. Alcohol concentration shall mean either grams of
14 alcohol per 100 milliliters of blood or grams of alcohol
15 per 210 liters of breath.
16 (b) Upon the trial of any civil or criminal action or
17 proceeding arising out of acts alleged to have been committed
18 by any person while driving or in actual physical control of
19 a vehicle while under the influence of alcohol, the
20 concentration of alcohol in the person's blood or breath at
21 the time alleged as shown by analysis of the person's blood,
22 urine, breath, or other bodily substance shall give rise to
23 the following presumptions:
24 1. If there was at that time an alcohol
25 concentration of 0.05 or less, it shall be presumed that
26 the person was not under the influence of alcohol.
27 2. If there was at that time an alcohol
28 concentration in excess of 0.05 but less than 0.08, such
29 facts shall not give rise to any presumption that the
30 person was or was not under the influence of alcohol, but
31 such fact may be considered with other competent evidence
32 in determining whether the person was under the influence
33 of alcohol.
34 3. If there was at that time an alcohol
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1 concentration of 0.08 or more, it shall be presumed that
2 the person was under the influence of alcohol.
3 4. The foregoing provisions of this Section shall
4 not be construed as limiting the introduction of any
5 other relevant evidence bearing upon the question whether
6 the person was under the influence of alcohol.
7 (c) 1. If a person under arrest refuses to submit to a
8 chemical test under the provisions of Section 11-501.1,
9 evidence of refusal shall be admissible in any civil or
10 criminal action or proceeding arising out of acts alleged to
11 have been committed while the person under the influence of
12 alcohol, other drug or drugs, or intoxicating compound or
13 compounds, or any combination thereof was driving or in
14 actual physical control of a motor vehicle.
15 2. Notwithstanding any ability to refuse under this
16 Code to submit to these tests or any ability to revoke
17 the implied consent to these tests, if a law enforcement
18 officer has probable cause to believe that a motor
19 vehicle driven by or in actual physical control of a
20 person under the influence of alcohol, other drug or
21 drugs, or intoxicating compound or compounds, or any
22 combination thereof has caused the death or personal
23 injury to another, that person shall submit, upon the
24 request of a law enforcement officer, to a chemical test
25 or tests of his or her blood, breath or urine for the
26 purpose of determining the alcohol content thereof or the
27 presence of any other drug or combination of both. Upon
28 request by a law enforcement officer, hospital personnel
29 shall withdraw blood and obtain urine samples for the
30 purpose of determining the alcohol or drug content of the
31 person's blood and urine.
32 This provision does not affect the applicability of or
33 imposition of driver's license sanctions under Section
34 11-501.1 of this Code.
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1 3. For purposes of this Section, a personal injury
2 includes any Type A injury as indicated on the traffic
3 accident report completed by a law enforcement officer
4 that requires immediate professional attention in either
5 a doctor's office or a medical facility. A Type A injury
6 includes severe bleeding wounds, distorted extremities,
7 and injuries that require the injured party to be carried
8 from the scene.
9 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
10 91-828, eff. 1-1-01.)
11 (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
12 Sec. 11-501.4. Admissibility of chemical tests of blood
13 conducted in the regular course of providing emergency
14 medical treatment.
15 (a) Notwithstanding any other provision of law, the
16 results of blood tests performed for the purpose of
17 determining the content of alcohol, other drug or drugs, or
18 intoxicating compound or compounds, or any combination
19 thereof, of an individual's blood conducted upon persons
20 receiving medical treatment in a hospital emergency room are
21 admissible in evidence as a business record exception to the
22 hearsay rule only in prosecutions for any violation of
23 Section 11-501 of this Code or a similar provision of a local
24 ordinance, or in prosecutions for reckless homicide brought
25 under the Criminal Code of 1961, when each of the following
26 criteria are met:
27 (1) the chemical tests performed upon an
28 individual's blood were ordered in the regular course of
29 providing emergency medical treatment and not at the
30 request of law enforcement authorities;
31 (2) the chemical tests performed upon an
32 individual's blood were performed by the laboratory
33 routinely used by the hospital; and
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1 (3) results of chemical tests performed upon an
2 individual's blood are admissible into evidence
3 regardless of the time that the records were prepared.
4 (b) The confidentiality provisions of law pertaining to
5 medical records and medical treatment shall not be applicable
6 with regard to chemical tests performed upon an individual's
7 blood under the provisions of this Section in prosecutions as
8 specified in subsection (a) of this Section. No person shall
9 be liable for civil damages as a result of the evidentiary
10 use of chemical testing of an individual's blood test results
11 under this Section, or as a result of that person's testimony
12 made available under this Section.
13 (c) As a result of a blood test taken under this
14 Section, a serum blood alcohol level of .10 or more is prima
15 facie evidence of a violation of paragraph (1) of subsection
16 (a) of Section 11-501.
17 (d) Evidence of serum blood alcohol is evidence of
18 impairment in a prosecution under paragraph (2) of subsection
19 (a) of Section 11-501.
20 (Source: P.A. 90-779, eff. 1-1-99.)
21 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
22 Sec. 11-501.5. Preliminary Breath Screening Test.
23 (a) If a law enforcement officer has reasonable
24 suspicion to believe that a person is violating or has
25 violated Section 11-501 or a similar provision of a local
26 ordinance, the officer, prior to an arrest, may request the
27 person to provide a sample of his or her breath for a
28 preliminary breath screening test using a portable device
29 approved by the Department of State Police. The person may
30 refuse the test. The results of this preliminary breath
31 screening test may be used by the law enforcement officer for
32 the purpose of assisting with the determination of whether to
33 require a chemical test as authorized under Sections 11-501.1
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1 and 11-501.2, and the appropriate type of test to request.
2 Any chemical test authorized under Sections 11-501.1 and
3 11-501.2 may be requested by the officer regardless of the
4 result of the preliminary breath screening test, if probable
5 cause for an arrest exists. The result of a preliminary
6 breath screening test may be used by the defendant as
7 evidence in any administrative or court proceeding involving
8 a violation of Section 11-501 or 11-501.1.
9 (b) The Department of State Police shall create a pilot
10 program to establish the effectiveness of pupillometer
11 technology (the measurement of the pupil's reaction to light)
12 as a noninvasive technique to detect and measure possible
13 impairment of any person who drives or is in actual physical
14 control of a motor vehicle resulting from the suspected usage
15 of alcohol, other drug or drugs, intoxicating compound or
16 compounds or any combination thereof. This technology shall
17 also be used to detect fatigue levels of the operator of a
18 Commercial Motor Vehicle as defined in Section 6-500(6),
19 pursuant to Section 18b-105 (Part 395-Hours of Service of
20 Drivers) of the Illinois Vehicle Code. A State Police officer
21 may request that the operator of a commercial motor vehicle
22 have his or her eyes examined or tested with a pupillometer
23 device. The person may refuse the examination or test. The
24 State Police officer shall have the device readily available
25 to limit undue delays.
26 If a State Police officer has reasonable suspicion to
27 believe that a person is violating or has violated Section
28 11-501, the officer may use the pupillometer technology, when
29 available. The officer, prior to an arrest, may request the
30 person to have his or her eyes examined or tested with a
31 pupillometer device. The person may refuse the examination
32 or test. The results of this examination or test may be used
33 by the officer for the purpose of assisting with the
34 determination of whether to require a chemical test as
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1 authorized under Sections 11-501.1 and 11-501.2 and the
2 appropriate type of test to request. Any chemical test
3 authorized under Sections 11-501.1 and 11-501.2 may be
4 requested by the officer regardless of the result of the
5 pupillometer examination or test, if probable cause for an
6 arrest exists. The result of the examination or test may be
7 used by the defendant as evidence in any administrative or
8 court proceeding involving a violation of 11-501 or 11-501.1.
9 The pilot program shall last for a period of 18 months
10 and involve the testing of 15 pupillometer devices. Within
11 90 days of the completion of the pilot project, the
12 Department of State Police shall file a report with the
13 President of the Senate and Speaker of the House evaluating
14 the project.
15 (c) The results of a preliminary breath screening test
16 are admissible by the State during any civil or criminal
17 proceeding challenging a police officer's determination that
18 probable cause existed to arrest the defendant for driving
19 while under the influence of alcohol. Evidence of
20 non-compliance with manufacturer's recommendations shall not
21 affect the admissibility of a preliminary breath screening
22 test at a hearing challenging probable cause.
23 (Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00;
24 92-16, eff. 6-28-01.)