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Public Act 91-0828
SB1861 Enrolled LRB9110864DHks
AN ACT concerned with driving while under the influence
of alcohol or other drugs.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 6-106.1a, 11-501.2, 11-501.5, 11-501.6, and
11-501.8 as follows:
(625 ILCS 5/6-106.1a)
Sec. 6-106.1a. Cancellation of school bus driver permit;
trace of alcohol.
(a) A person who has been issued a school bus driver
permit by the Secretary of State in accordance with Section
6-106.1 of this Code and who drives or is in actual physical
control of a school bus or any other vehicle owned or
operated by or for a public or private school, or a school
operated by a religious institution, when the vehicle is
being used over a regularly scheduled route for the
transportation of persons enrolled as students in grade 12 or
below, in connection with any activity of the entities
listed, upon the public highways of this State shall be
deemed to have given consent to a chemical test or tests of
blood, breath, or urine for the purpose of determining the
alcohol content of the person's blood if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket for
any violation of this Code or a similar provision of a local
ordinance, if a police officer has probable cause to believe
that the driver has consumed any amount of an alcoholic
beverage based upon evidence of the driver's physical
condition or other first hand knowledge of the police
officer. The test or tests shall be administered at the
direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the
aforesaid tests shall be administered. A urine test may be
administered even after a blood or breath test or both has
been administered.
(b) A person who is dead, unconscious, or who is
otherwise in a condition rendering that person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or
tests may be administered subject to the following
provisions:
(1) Chemical analysis of the person's blood, urine,
breath, or other substance, to be considered valid under
the provisions of this Section, shall have been
performed according to standards promulgated by the
Department of Public Health, in consultation with the
Department of State Police, by an individual possessing a
valid permit issued by the Department of State Police
Public Health for this purpose. The Director of State
Police Public Health, in consultation with the Department
of State Police, is authorized to approve satisfactory
techniques or methods, to ascertain the qualifications
and competence of individuals to conduct analyses, to
issue permits that shall be subject to termination or
revocation at the direction of the Department of State
Police Public Health, and to certify the accuracy of
breath testing equipment. The Department of State Police
Public Health shall prescribe rules as necessary.
(2) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a registered nurse, or other qualified person
trained in venipuncture and acting under the direction of
a licensed physician may withdraw blood for the purpose
of determining the alcohol content. This limitation does
not apply to the taking of breath or urine specimens.
(3) The person tested may have a physician,
qualified technician, chemist, registered nurse, or other
qualified person of his or her own choosing administer a
chemical test or tests in addition to any test or tests
administered at the direction of a law enforcement
officer. The test administered at the request of the
person may be admissible into evidence at a hearing
conducted in accordance with Section 2-118 of this Code.
The failure or inability to obtain an additional test by
a person shall not preclude the consideration of the
previously performed chemical test.
(4) Upon a request of the person who submits to a
chemical test or tests at the request of a law
enforcement officer, full information concerning the test
or tests shall be made available to the person or that
person's attorney by the requesting law enforcement
agency within 72 hours of receipt of the test result.
(5) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(6) If a driver is receiving medical treatment as a
result of a motor vehicle accident, a physician licensed
to practice medicine, registered nurse, or other
qualified person trained in venipuncture and acting under
the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of
alcohol upon the specific request of a law enforcement
officer. However, that testing shall not be performed
until, in the opinion of the medical personnel on scene,
the withdrawal can be made without interfering with or
endangering the well-being of the patient.
(c) A person requested to submit to a test as provided
in this Section shall be warned by the law enforcement
officer requesting the test that a refusal to submit to the
test, or submission to the test resulting in an alcohol
concentration of more than 0.00, may result in the loss of
that person's privilege to possess a school bus driver
permit. The loss of the individual's privilege to possess a
school bus driver permit shall be imposed in accordance with
Section 6-106.1b of this Code.
(d) If the person refuses testing or submits to a test
that discloses an alcohol concentration of more than 0.00,
the law enforcement officer shall immediately submit a sworn
report to the Secretary of State on a form prescribed by the
Secretary of State certifying that the test or tests were
requested under subsection (a) and the person refused to
submit to a test or tests or submitted to testing which
disclosed an alcohol concentration of more than 0.00. The
law enforcement officer shall submit the same sworn report
when a person who has been issued a school bus driver permit
and who was operating a school bus or any other vehicle owned
or operated by or for a public or private school, or a school
operated by a religious institution, when the vehicle is
being used over a regularly scheduled route for the
transportation of persons enrolled as students in grade 12 or
below, in connection with any activity of the entities
listed, submits to testing under Section 11-501.1 of this
Code and the testing discloses an alcohol concentration of
more than 0.00 and less than the alcohol concentration at
which driving or being in actual physical control of a motor
vehicle is prohibited under paragraph (1) of subsection (a)
of Section 11-501.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the school bus
driver permit sanction on the individual's driving record and
the sanction shall be effective on the 46th day following the
date notice of the sanction was given to the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this school bus driver permit
sanction on the person and the sanction shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more
than 0.00 is established by a subsequent analysis of blood or
urine, the police officer or arresting agency shall give
notice as provided in this Section or by deposit in the
United States mail of that notice in an envelope with postage
prepaid and addressed to that person at his or her last known
address and the loss of the school bus driver permit shall be
effective on the 46th day following the date notice was
given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
school bus driver permit sanction to the driver and the
driver's current employer by mailing a notice of the
effective date of the sanction to the individual. However,
shall the sworn report be defective by not containing
sufficient information or be completed in error, the notice
of the school bus driver permit sanction may not be mailed to
the person or his current employer or entered to the driving
record, but rather the sworn report shall be returned to the
issuing law enforcement agency.
(e) A driver may contest this school bus driver permit
sanction by requesting an administrative hearing with the
Secretary of State in accordance with Section 2-118 of this
Code. An individual whose blood alcohol concentration is
shown to be more than 0.00 is not subject to this Section if
he or she consumed alcohol in the performance of a religious
service or ceremony. An individual whose blood alcohol
concentration is shown to be more than 0.00 shall not be
subject to this Section if the individual's blood alcohol
concentration resulted only from ingestion of the prescribed
or recommended dosage of medicine that contained alcohol.
The petition for that hearing shall not stay or delay the
effective date of the impending suspension. The scope of this
hearing shall be limited to the issues of:
(1) whether the police officer had probable cause
to believe that the person was driving or in actual
physical control of a school bus or any other vehicle
owned or operated by or for a public or private school,
or a school operated by a religious institution, when
the vehicle is being used over a regularly scheduled
route for the transportation of persons enrolled as
students in grade 12 or below, in connection with any
activity of the entities listed, upon the public highways
of the State and the police officer had reason to believe
that the person was in violation of any provision of this
Code or a similar provision of a local ordinance; and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of this Code or a similar
provision of a local ordinance; and
(3) whether the police officer had probable cause
to believe that the driver had consumed any amount of an
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to possess a school bus driver
permit would be canceled if the person refused to submit
to and complete the test or tests, did refuse to submit
to or complete the test or tests to determine the
person's alcohol concentration; and
(5) whether the person, after being advised by the
officer that the privileges to possess a school bus
driver permit would be canceled if the person submits to
a chemical test or tests and the test or tests disclose
an alcohol concentration of more than 0.00 and the
person did submit to and complete the test or tests that
determined an alcohol concentration of more than 0.00;
and
(6) whether the test result of an alcohol
concentration of more than 0.00 was based upon the
person's consumption of alcohol in the performance of a
religious service or ceremony; and
(7) whether the test result of an alcohol
concentration of more than 0.00 was based upon the
person's consumption of alcohol through ingestion of the
prescribed or recommended dosage of medicine.
The Secretary of State may adopt administrative rules
setting forth circumstances under which the holder of a
school bus driver permit is not required to appear in person
at the hearing.
Provided that the petitioner may subpoena the officer,
the hearing may be conducted upon a review of the law
enforcement officer's own official reports. Failure of the
officer to answer the subpoena shall be grounds for a
continuance if, in the hearing officer's discretion, the
continuance is appropriate. At the conclusion of the hearing
held under Section 2-118 of this Code, the Secretary of State
may rescind, continue, or modify the school bus driver
permit sanction.
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that
the results of the testing may be considered at a hearing
held under Section 2-118 of this Code. However, the results
of the testing may not be used to impose driver's license
sanctions under Section 11-501.1 of this Code. A law
enforcement officer may, however, pursue a statutory summary
suspension of driving privileges under Section 11-501.1 of
this Code if other physical evidence or first hand knowledge
forms the basis of that suspension.
(g) This Section applies only to drivers who have been
issued a school bus driver permit in accordance with Section
6-106.1 of this Code at the time of the issuance of the
Uniform Traffic Ticket for a violation of this Code or a
similar provision of a local ordinance, and a chemical test
request is made under this Section.
(h) The action of the Secretary of State in suspending,
revoking, canceling, or denying any license, permit,
registration, or certificate of title shall be subject to
judicial review in the Circuit Court of Sangamon County or in
the Circuit Court of Cook County, and the provisions of the
Administrative Review Law and its rules are hereby adopted
and shall apply to and govern every action for the judicial
review of final acts or decisions of the Secretary of State
under this Section.
(Source: P.A. 90-107, eff. 1-1-98; 91-124, eff. 7-16-99.)
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as defined
in Section 11-501 or a similar local ordinance or proceedings
pursuant to Section 2-118.1, evidence of the concentration of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood or
breath at the time alleged, as determined by analysis of the
person's blood, urine, breath or other bodily substance,
shall be admissible. Where such test is made the following
provisions shall apply:
1. Chemical analyses of the person's blood, urine,
breath or other bodily substance to be considered valid
under the provisions of this Section shall have been
performed according to standards promulgated by the
Department of Public Health in consultation with the
Department of State Police by a licensed physician,
registered nurse, trained phlebotomist acting under the
direction of a licensed physician, certified paramedic,
or other individual possessing a valid permit issued by
that Department for this purpose. The Director of the
Department of Public Health in consultation with the
Department of State Police is authorized to approve
satisfactory techniques or methods, to ascertain the
qualifications and competence of individuals to conduct
such analyses, to issue permits which shall be subject to
termination or revocation at the discretion of that
Department and to certify the accuracy of breath testing
equipment. The Illinois Department of State Police Public
Health shall prescribe regulations as necessary to
implement this Section.
2. When a person in this State shall submit to a
blood test at the request of a law enforcement officer
under the provisions of Section 11-501.1, only a
physician authorized to practice medicine, a registered
nurse, trained phlebotomist, or certified paramedic, or
other qualified person approved by the Department of
State Police Public Health may withdraw blood for the
purpose of determining the alcohol, drug, or alcohol and
drug content therein. This limitation shall not apply to
the taking of breath or urine specimens.
When a blood test of a person who has been taken to
an adjoining state for medical treatment is requested by
an Illinois law enforcement officer, the blood may be
withdrawn only by a physician authorized to practice
medicine in the adjoining state, a registered nurse, a
trained phlebotomist acting under the direction of the
physician, or certified paramedic. The law enforcement
officer requesting the test shall take custody of the
blood sample, and the blood sample shall be analyzed by a
laboratory certified by the Department of State Police
Public Health for that purpose.
3. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to any administered at
the direction of a law enforcement officer. The failure
or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to
the test or tests taken at the direction of a law
enforcement officer.
4. Upon the request of the person who shall submit
to a chemical test or tests at the request of a law
enforcement officer, full information concerning the test
or tests shall be made available to the person or such
person's attorney.
5. Alcohol concentration shall mean either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(b) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while driving or in actual physical control of
a vehicle while under the influence of alcohol, the
concentration of alcohol in the person's blood or breath at
the time alleged as shown by analysis of the person's blood,
urine, breath, or other bodily substance shall give rise to
the following presumptions:
1. If there was at that time an alcohol
concentration of 0.05 or less, it shall be presumed that
the person was not under the influence of alcohol.
2. If there was at that time an alcohol
concentration in excess of 0.05 but less than 0.08, such
facts shall not give rise to any presumption that the
person was or was not under the influence of alcohol, but
such fact may be considered with other competent evidence
in determining whether the person was under the influence
of alcohol.
3. If there was at that time an alcohol
concentration of 0.08 or more, it shall be presumed that
the person was under the influence of alcohol.
4. The foregoing provisions of this Section shall
not be construed as limiting the introduction of any
other relevant evidence bearing upon the question whether
the person was under the influence of alcohol.
(c) 1. If a person under arrest refuses to submit to a
chemical test under the provisions of Section 11-501.1,
evidence of refusal shall be admissible in any civil or
criminal action or proceeding arising out of acts alleged
to have been committed while the person under the
influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof was driving or in actual physical control of a
motor vehicle.
2. Notwithstanding any ability to refuse under this
Code to submit to these tests or any ability to revoke
the implied consent to these tests, if a law enforcement
officer has probable cause to believe that a motor
vehicle driven by or in actual physical control of a
person under the influence of alcohol, other drug or
drugs, or intoxicating compound or compounds, or any
combination thereof has caused the death or personal
injury to another, that person shall submit, upon the
request of a law enforcement officer, to a chemical test
or tests of his or her blood, breath or urine for the
purpose of determining the alcohol content thereof or the
presence of any other drug or combination of both.
This provision does not affect the applicability of or
imposition of driver's license sanctions under Section
11-501.1 of this Code.
3. For purposes of this Section, a personal injury
includes any Type A injury as indicated on the traffic
accident report completed by a law enforcement officer
that requires immediate professional attention in either
a doctor's office or a medical facility. A Type A injury
includes severe bleeding wounds, distorted extremities,
and injuries that require the injured party to be carried
from the scene.
(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
(625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
Sec. 11-501.5. Preliminary Breath Screening Test. If a
law enforcement officer has reasonable suspicion to believe
that a person is violating or has violated Section 11-501 or
a similar provision of a local ordinance, the officer, prior
to an arrest, may request the person to provide a sample of
his or her breath for a preliminary breath screening test
using a portable device approved by the Department of State
Police Public Health. The results of this preliminary breath
screening test may be used by the law enforcement officer for
the purpose of assisting with the determination of whether to
require a chemical test as authorized under Sections 11-501.1
and 11-501.2, and the appropriate type of test to request.
Any chemical test authorized under Sections 11-501.1 and
11-501.2 may be requested by the officer regardless of the
result of the preliminary breath screening test, if probable
cause for an arrest exists. The result of a preliminary
breath screening test may be used by the defendant as
evidence in any administrative or court proceeding involving
a violation of Section 11-501 or 11-501.1.
(Source: P.A. 88-169.)
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
Sec. 11-501.6. Driver involvement in personal injury or
fatal motor vehicle accident - chemical test.
(a) Any person who drives or is in actual control of a
motor vehicle upon the public highways of this State and who
has been involved in a personal injury or fatal motor vehicle
accident, shall be deemed to have given consent to a breath
test using a portable device as approved by the Department of
State Police Public Health or to a chemical test or tests of
blood, breath, or urine for the purpose of determining the
content of alcohol, other drug or drugs, or intoxicating
compound or compounds of such person's blood if arrested as
evidenced by the issuance of a Uniform Traffic Ticket for any
violation of the Illinois Vehicle Code or a similar provision
of a local ordinance, with the exception of equipment
violations contained in Chapter 12 of this Code, or similar
provisions of local ordinances. The test or tests shall be
administered at the direction of the arresting officer. The
law enforcement agency employing the officer shall designate
which of the aforesaid tests shall be administered. A urine
test may be administered even after a blood or breath test or
both has been administered. Compliance with this Section
does not relieve such person from the requirements of Section
11-501.1 of this Code.
(b) Any person who is dead, unconscious or who is
otherwise in a condition rendering such person incapable of
refusal shall be deemed not to have withdrawn the consent
provided by subsection (a) of this Section. In addition, if
a driver of a vehicle is receiving medical treatment as a
result of a motor vehicle accident, any physician licensed to
practice medicine, registered nurse or a phlebotomist acting
under the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, upon the specific request of a law enforcement
officer. However, no such testing shall be performed until,
in the opinion of the medical personnel on scene, the
withdrawal can be made without interfering with or
endangering the well-being of the patient.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration
of 0.08 or more, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of cannabis, as covered by the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, or an intoxicating compound listed in the Use
of Intoxicating Compounds Act as detected in such person's
blood or urine, may result in the suspension of such person's
privilege to operate a motor vehicle. The length of the
suspension shall be the same as outlined in Section 6-208.1
of this Code regarding statutory summary suspensions.
(d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.08 or more, or
any amount of a drug, substance, or intoxicating compound in
such person's blood or urine resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, or an intoxicating compound listed in the Use
of Intoxicating Compounds Act, the law enforcement officer
shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary, certifying that
the test or tests were requested pursuant to subsection (a)
and the person refused to submit to a test or tests or
submitted to testing which disclosed an alcohol concentration
of 0.08 or more, or any amount of a drug, substance, or
intoxicating compound in such person's blood or urine,
resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act, a controlled substance
listed in the Illinois Controlled Substances Act, or an
intoxicating compound listed in the Use of Intoxicating
Compounds Act.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall enter the suspension to the
individual's driving record and the suspension shall be
effective on the 46th day following the date notice of the
suspension was given to the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and such suspension shall be effective on the 46th day
following the date notice was given.
In cases where the blood alcohol concentration of 0.08 or
more, or any amount of a drug, substance, or intoxicating
compound resulting from the unlawful use or consumption of
cannabis as listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act,
or an intoxicating compound listed in the Use of Intoxicating
Compounds Act, is established by a subsequent analysis of
blood or urine collected at the time of arrest, the arresting
officer shall give notice as provided in this Section or by
deposit in the United States mail of such notice in an
envelope with postage prepaid and addressed to such person at
his address as shown on the Uniform Traffic Ticket and the
suspension shall be effective on the 46th day following the
date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall also give notice of the
suspension to the driver by mailing a notice of the effective
date of the suspension to the individual. However, should
the sworn report be defective by not containing sufficient
information or be completed in error, the notice of the
suspension shall not be mailed to the person or entered to
the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
(e) A driver may contest this suspension of his driving
privileges by requesting an administrative hearing with the
Secretary in accordance with Section 2-118 of this Code. At
the conclusion of a hearing held under Section 2-118 of this
Code, the Secretary may rescind, continue, or modify the
order of suspension. If the Secretary does not rescind the
order, a restricted driving permit may be granted by the
Secretary upon application being made and good cause shown.
A restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and
medical purposes as outlined in Section 6-206 of this Code.
The provisions of Section 6-206 of this Code shall apply.
(f) (Blank).
(g) For the purposes of this Section, a personal injury
shall include any type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a
doctor's office or a medical facility. A type A injury shall
include severely bleeding wounds, distorted extremities, and
injuries that require the injured party to be carried from
the scene.
(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
91-357, eff. 7-29-99.)
(625 ILCS 5/11-501.8)
Sec. 11-501.8. Suspension of driver's license; persons
under age 21.
(a) A person who is less than 21 years of age and who
drives or is in actual physical control of a motor vehicle
upon the public highways of this State shall be deemed to
have given consent to a chemical test or tests of blood,
breath, or urine for the purpose of determining the alcohol
content of the person's blood if arrested, as evidenced by
the issuance of a Uniform Traffic Ticket for any violation of
the Illinois Vehicle Code or a similar provision of a local
ordinance, if a police officer has probable cause to believe
that the driver has consumed any amount of an alcoholic
beverage based upon evidence of the driver's physical
condition or other first hand knowledge of the police
officer. The test or tests shall be administered at the
direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the
aforesaid tests shall be administered. A urine test may be
administered even after a blood or breath test or both has
been administered.
(b) A person who is dead, unconscious, or who is
otherwise in a condition rendering that person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or
tests may be administered subject to the following
provisions:
(i) Chemical analysis of the person's blood, urine,
breath, or other bodily substance, to be considered valid
under the provisions of this Section, shall have been
performed according to standards promulgated by the
Department of Public Health in consultation with the
Department of State Police by an individual possessing a
valid permit issued by that Department for this purpose.
The Director of the Department of Public Health, in
consultation with the Department of State Police, is
authorized to approve satisfactory techniques or methods,
to ascertain the qualifications and competence of
individuals to conduct analyses, to issue permits that
shall be subject to termination or revocation at the
direction of that Department, and to certify the accuracy
of breath testing equipment. The Illinois Department of
State Police Public Health shall prescribe regulations as
necessary.
(ii) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a registered nurse, or other qualified person
trained in venipuncture and acting under the direction of
a licensed physician may withdraw blood for the purpose
of determining the alcohol content therein. This
limitation does not apply to the taking of breath or
urine specimens.
(iii) The person tested may have a physician,
qualified technician, chemist, registered nurse, or other
qualified person of his or her own choosing administer a
chemical test or tests in addition to any test or tests
administered at the direction of a law enforcement
officer. The failure or inability to obtain an
additional test by a person shall not preclude the
consideration of the previously performed chemical test.
(iv) Upon a request of the person who submits to a
chemical test or tests at the request of a law
enforcement officer, full information concerning the test
or tests shall be made available to the person or that
person's attorney.
(v) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(vi) If a driver is receiving medical treatment as
a result of a motor vehicle accident, a physician
licensed to practice medicine, registered nurse, or other
qualified person trained in venipuncture and acting under
the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of
alcohol upon the specific request of a law enforcement
officer. However, that testing shall not be performed
until, in the opinion of the medical personnel on scene,
the withdrawal can be made without interfering with or
endangering the well-being of the patient.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration
of more than 0.00, may result in the loss of that person's
privilege to operate a motor vehicle. The loss of driving
privileges shall be imposed in accordance with Section
6-208.2 of this Code.
(d) If the person refuses testing or submits to a test
that discloses an alcohol concentration of more than 0.00,
the law enforcement officer shall immediately submit a sworn
report to the Secretary of State on a form prescribed by the
Secretary of State, certifying that the test or tests were
requested under subsection (a) and the person refused to
submit to a test or tests or submitted to testing which
disclosed an alcohol concentration of more than 0.00. The
law enforcement officer shall submit the same sworn report
when a person under the age of 21 submits to testing under
Section 11-501.1 of this Code and the testing discloses an
alcohol concentration of more than 0.00 and less than 0.08.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the driver's
license sanction on the individual's driving record and the
sanctions shall be effective on the 46th day following the
date notice of the sanction was given to the person. If this
sanction is the individual's first driver's license
suspension under this Section, reports received by the
Secretary of State under this Section shall, except during
the time the suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities, the Secretary of State, or the
individual personally.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this driver's license
sanction on the person and the sanction shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more
than 0.00 is established by a subsequent analysis of blood or
urine, the police officer or arresting agency shall give
notice as provided in this Section or by deposit in the
United States mail of that notice in an envelope with postage
prepaid and addressed to that person at his last known
address and the loss of driving privileges shall be effective
on the 46th day following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
driver's license sanction to the driver by mailing a notice
of the effective date of the sanction to the individual.
However, should the sworn report be defective by not
containing sufficient information or be completed in error,
the notice of the driver's license sanction may not be mailed
to the person or entered to the driving record, but rather
the sworn report shall be returned to the issuing law
enforcement agency.
(e) A driver may contest this driver's license sanction
by requesting an administrative hearing with the Secretary of
State in accordance with Section 2-118 of this Code. An
individual whose blood alcohol concentration is shown to be
more than 0.00 is not subject to this Section if he or she
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is
shown to be more than 0.00 shall not be subject to this
Section if the individual's blood alcohol concentration
resulted only from ingestion of the prescribed or recommended
dosage of medicine that contained alcohol. The petition for
that hearing shall not stay or delay the effective date of
the impending suspension. The scope of this hearing shall be
limited to the issues of:
(1) whether the police officer had probable cause
to believe that the person was driving or in actual
physical control of a motor vehicle upon the public
highways of the State and the police officer had reason
to believe that the person was in violation of any
provision of the Illinois Vehicle Code or a similar
provision of a local ordinance; and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or
a similar provision of a local ordinance; and
(3) whether the police officer had probable cause
to believe that the driver had consumed any amount of an
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to operate a motor vehicle
would be suspended if the person refused to submit to and
complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol concentration; and
(5) whether the person, after being advised by the
officer that the privileges to operate a motor vehicle
would be suspended if the person submits to a chemical
test or tests and the test or tests disclose an alcohol
concentration of more than 0.00, did submit to and
complete the test or tests that determined an alcohol
concentration of more than 0.00; and
(6) whether the test result of an alcohol
concentration of more than 0.00 was based upon the
person's consumption of alcohol in the performance of a
religious service or ceremony; and
(7) whether the test result of an alcohol
concentration of more than 0.00 was based upon the
person's consumption of alcohol through ingestion of the
prescribed or recommended dosage of medicine.
Provided that the petitioner may subpoena the officer,
the hearing may be conducted upon a review of the law
enforcement officer's own official reports. Failure of the
officer to answer the subpoena shall be grounds for a
continuance if, in the hearing officer's discretion, the
continuance is appropriate. At the conclusion of the
hearing held under Section 2-118 of this Code, the Secretary
of State may rescind, continue, or modify the driver's
license sanction. If the Secretary of State does not rescind
the sanction, a restricted driving permit may be granted by
the Secretary of State upon application being made and good
cause shown. A restricted driving permit may be granted to
relieve undue hardship by allowing driving for employment,
educational, and medical purposes as outlined in item (3) of
part (c) of Section 6-206 of this Code. The provisions of
item (3) of part (c) of Section 6-206 of this Code shall
apply. The Secretary of State shall promulgate rules
providing for participation in an alcohol education and
awareness program or activity, a drug education and awareness
program or activity, or both as a condition to the issuance
of a restricted driving permit for suspensions imposed under
this Section.
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that
the results of the testing may be considered at a hearing
held under Section 2-118 of this Code. However, the results
of the testing may not be used to impose driver's license
sanctions under Section 11-501.1 of this Code. A law
enforcement officer may, however, pursue a statutory summary
suspension of driving privileges under Section 11-501.1 of
this Code if other physical evidence or first hand knowledge
forms the basis of that suspension.
(g) This Section applies only to drivers who are under
age 21 at the time of the issuance of a Uniform Traffic
Ticket for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance, and a chemical test
request is made under this Section.
(h) The action of the Secretary of State in suspending,
revoking, or denying any license, permit, registration, or
certificate of title shall be subject to judicial review in
the Circuit Court of Sangamon County or in the Circuit Court
of Cook County, and the provisions of the Administrative
Review Law and its rules are hereby adopted and shall apply
to and govern every action for the judicial review of final
acts or decisions of the Secretary of State under this
Section.
(Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99.)
Section 10. The Snowmobile Registration and Safety Act
is amended by changing Section 5-7.5 as follows:
(625 ILCS 40/5-7.5)
Sec. 5-7.5. Preliminary breath screening test. If a law
enforcement officer has probable cause to believe that a
person is violating or has violated Section 5-7 or a similar
provision of a local ordinance, the officer, before an
arrest, may request the person to provide a sample of his or
her breath for a preliminary breath screening test using a
portable device approved by the Department of State Police
Public Health. The results of this preliminary breath
screening test may be used by the law enforcement officer for
the purpose of assisting with the determination of whether to
require a chemical test, as authorized under Sections 5-7.1
and 5-7.2 and the appropriate type of test to request. Any
chemical test authorized under Sections 5-7.1 and 5-7.2 may
be requested by the officer regardless of the result of the
preliminary breath screening test if probable cause for an
arrest exists. The result of a preliminary breath screening
test may be used by the defendant as evidence in an
administrative or court proceeding involving a violation of
Section 5-7 or 5-7.1.
(Source: P.A. 89-55, eff. 1-1-96; 89-626, eff. 8-9-96.)
Section 15. The Boat Registration and Safety Act is
amended by changing Sections 5-16b and 6-1 as follows:
(625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
Sec. 5-16b. Preliminary breath screening test. If a law
enforcement officer has reasonable suspicion to believe that
a person is violating or has violated Section 5-16 or a
similar provision of a local ordinance, the officer, prior
to an arrest, may request the person to provide a sample of
his or her breath for a preliminary breath screening test
using a portable device approved by the Department of State
Police Public Health. The results of this preliminary breath
screening test may be used by the law enforcement officer for
the purpose of assisting with the determination of whether to
require a chemical test as authorized under Section 5-16 and
the appropriate type of test to request. Any chemical test
authorized under Section 5-16 may be requested by the officer
regardless of the result of the preliminary breath screening
test if probable cause for an arrest exists. The result of a
preliminary breath screening test may be used by the
defendant as evidence in any administrative or court
proceeding involving a violation of Section 5-16.
(Source: P.A. 90-215, eff. 1-1-98.)
(625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
Sec. 6-1. Collisions, accidents, and casualties;
reports.
A. The operator of a vessel involved in a collision,
accident, or other casualty, so far as he can without serious
danger to his own vessel, crew, passengers and guests, if
any, shall render to other persons affected by the collision,
accident, or other casualty assistance as may be practicable
and as may be necessary in order to save them from or
minimize any danger caused by the collision, accident, or
other casualty, and also shall give his name, address, and
identification of his vessel to any person injured and to the
owner of any property damaged in the collision, accident, or
other casualty.
B. In the case of collision, accident, or other casualty
involving a vessel, the operator, if the collision, accident,
or other casualty results in death or injury to a person or
damage to property in excess of $500, shall file with the
Department a full description of the collision, accident, or
other casualty, including information as the Department may
by regulation require. Reports of the accidents must be filed
with the Department on a Department Accident Report form
within 5 days.
C. Reports of accidents resulting in personal injury,
where a person is incapacitated for a period exceeding 72
hours, must be filed with the Department on a Department
Accident Report form within 5 days. Accidents that result in
loss of life shall be reported to the Department on a
Department form within 48 hours.
D. All required accident reports and supplemental
reports are without prejudice to the individual reporting,
and are for the confidential use of the Department, except
that the Department may disclose the identity of a person
involved in an accident when the identity is not otherwise
known or when the person denies his presence at the accident.
No report may be used as evidence in any trial, civil or
criminal, arising out of an accident, except that the
Department must furnish upon demand of any person who has or
claims to have made a report or upon demand of any court a
certificate showing that a specified accident report has or
has not been made to the Department solely to prove a
compliance or a failure to comply with the requirements that
a report be made to the Department.
E. (1) Every coroner or medical examiner shall on or
before the 10th day of each month report in writing to
the Department the circumstances surrounding the death of
any person that has occurred as the result of a boating
accident within the examiner's jurisdiction during the
preceding calendar month.
(2) Within 6 hours after a death resulting from a
boating accident, but in any case not more than 12 hours
after the occurrence of the boating accident, a blood
specimen of at least 10 cc shall be withdrawn from the
body of the decedent by the coroner or medical examiner
or by a qualified person at the direction of the
physician. All morticians shall obtain a release from the
coroner or medical examiner prior to proceeding with
embalming any body coming under the scope of this
Section. The blood so drawn shall be forwarded to a
laboratory approved by the Department of State Police
Public Health for analysis of the alcoholic content of
the blood specimen. The coroner or medical examiner
causing the blood to be withdrawn shall be notified of
the results of each analysis made and shall forward the
results of each analysis to the Department. The
Department shall keep a record of all examinations to be
used for statistical purposes only. The cumulative
results of the examinations, without identifying the
individuals involved, shall be disseminated and made
public by the Department.
(Source: P.A. 87-803.)
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