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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 11-501.6 as follows: | |||||||||||||||||||
6 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) | |||||||||||||||||||
7 | Sec. 11-501.6. Driver involvement in bodily personal | |||||||||||||||||||
8 | injury or fatal motor
vehicle accident; chemical test. | |||||||||||||||||||
9 | (a) Any person who drives or is in actual control of a | |||||||||||||||||||
10 | motor vehicle
upon the public highways of this State and who | |||||||||||||||||||
11 | has been involved in a serious bodily
personal injury or fatal | |||||||||||||||||||
12 | motor vehicle accident, shall be deemed to have
given consent | |||||||||||||||||||
13 | to a breath test using a portable device as approved by the
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14 | Department of State Police or to a chemical test or tests
of | |||||||||||||||||||
15 | blood, breath, or
urine for the purpose of determining the | |||||||||||||||||||
16 | content of alcohol,
other
drug or drugs, or intoxicating | |||||||||||||||||||
17 | compound or compounds of such
person's blood . | |||||||||||||||||||
18 | (a-5) Any person who drives or is in actual control of a | |||||||||||||||||||
19 | motor vehicle upon the public highways of this State and who | |||||||||||||||||||
20 | has been involved in a non-serious bodily injury motor vehicle | |||||||||||||||||||
21 | accident, shall be deemed to have given consent to a breath | |||||||||||||||||||
22 | test using a portable device as approved by the Department of | |||||||||||||||||||
23 | State Police, or to a chemical test or tests of blood, breath, |
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1 | or urine for the purpose of determining the content of alcohol, | ||||||
2 | other drug or drugs, or intoxicating compound or compounds of | ||||||
3 | such person's blood if arrested as evidenced by the issuance of | ||||||
4 | a Uniform Traffic
Ticket for any violation of the Illinois | ||||||
5 | Vehicle Code or a similar provision of
a local ordinance, with | ||||||
6 | the exception of equipment violations contained in
Chapter 12 | ||||||
7 | of this Code, or similar provisions of local ordinances. | ||||||
8 | (a-10) The test
or tests under subsections (a) and (a-5) of | ||||||
9 | this Section shall be administered at the direction of the | ||||||
10 | arresting officer. The
law enforcement agency employing the | ||||||
11 | officer shall designate which of the
aforesaid tests shall be | ||||||
12 | administered. A urine test may be administered even
after a | ||||||
13 | blood or breath test or both has been administered. Compliance | ||||||
14 | with
this Section does not relieve such person from the | ||||||
15 | requirements of Section
11-501.1 of this Code. | ||||||
16 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
17 | in a
condition rendering such person incapable of refusal shall | ||||||
18 | be deemed not to
have withdrawn the consent provided by | ||||||
19 | subsection (a) of this Section. In
addition, if a driver of a | ||||||
20 | vehicle is receiving medical treatment as a
result of a motor | ||||||
21 | vehicle accident, any physician licensed to practice
medicine, | ||||||
22 | licensed physician assistant, licensed advanced practice | ||||||
23 | nurse, registered nurse or a phlebotomist acting under the | ||||||
24 | direction of
a licensed physician shall withdraw blood for | ||||||
25 | testing purposes to ascertain
the presence of alcohol, other | ||||||
26 | drug or drugs, or intoxicating
compound or compounds, upon the |
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1 | specific request of a law
enforcement officer. However, no such | ||||||
2 | testing shall be performed until, in
the opinion of the medical | ||||||
3 | personnel on scene, the withdrawal can be made
without | ||||||
4 | interfering with or endangering the well-being of the patient. | ||||||
5 | (c) A person requested to submit to a test as provided | ||||||
6 | above shall be
warned by the law enforcement officer requesting | ||||||
7 | the test that a refusal to
submit to the test, or submission to | ||||||
8 | the test resulting in an alcohol
concentration of 0.08 or more, | ||||||
9 | or any amount of a drug, substance,
or intoxicating compound
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10 | resulting from the unlawful use or consumption of cannabis, as | ||||||
11 | covered by the
Cannabis Control Act, a controlled substance | ||||||
12 | listed in the Illinois
Controlled Substances Act, an | ||||||
13 | intoxicating compound listed in the Use of
Intoxicating | ||||||
14 | Compounds Act, or methamphetamine as listed in the | ||||||
15 | Methamphetamine Control and Community Protection Act as | ||||||
16 | detected in such person's blood or urine, may
result in the | ||||||
17 | suspension of such person's privilege to operate a motor | ||||||
18 | vehicle and may result in the disqualification of the person's | ||||||
19 | privilege to operate a commercial motor vehicle, as provided in | ||||||
20 | Section 6-514 of this Code, if the person is a CDL holder.
The | ||||||
21 | length of the suspension shall be the same as outlined in | ||||||
22 | Section
6-208.1 of this Code regarding statutory summary | ||||||
23 | suspensions. | ||||||
24 | A person requested to submit to a test shall also | ||||||
25 | acknowledge, in writing, receipt of the warning required under | ||||||
26 | this Section. If the person refuses to acknowledge receipt of |
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1 | the warning, the law enforcement officer shall make a written | ||||||
2 | notation on the warning that the person refused to sign the | ||||||
3 | warning. A person's refusal to sign the warning shall not be | ||||||
4 | evidence that the person was not read the warning. | ||||||
5 | (d) If the person refuses testing or submits to a test | ||||||
6 | which discloses
an alcohol concentration of 0.08 or more, or | ||||||
7 | any amount of a drug,
substance,
or intoxicating compound in | ||||||
8 | such person's blood or urine resulting from the
unlawful use or
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9 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
10 | controlled
substance listed in the Illinois Controlled | ||||||
11 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
12 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
13 | Methamphetamine Control and Community Protection Act, the law
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14 | enforcement officer shall immediately submit a sworn report to | ||||||
15 | the Secretary of
State on a form prescribed by the Secretary, | ||||||
16 | certifying that the test or tests
were requested pursuant to | ||||||
17 | subsection (a) or (a-5) and the person refused to submit to a
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18 | test or tests or submitted to testing which disclosed an | ||||||
19 | alcohol concentration
of 0.08 or more, or any amount of a drug, | ||||||
20 | substance, or intoxicating
compound
in such
person's blood or | ||||||
21 | urine, resulting from the unlawful use or consumption of
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22 | cannabis listed in the Cannabis Control Act, a controlled | ||||||
23 | substance
listed in
the Illinois Controlled Substances Act,
an | ||||||
24 | intoxicating compound listed in
the Use of Intoxicating | ||||||
25 | Compounds Act, or methamphetamine as listed in the | ||||||
26 | Methamphetamine Control and Community Protection Act. |
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1 | Upon receipt of the sworn report of a law enforcement | ||||||
2 | officer, the
Secretary shall enter the suspension and | ||||||
3 | disqualification to the individual's driving record and the
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4 | suspension and disqualification shall be effective on the 46th | ||||||
5 | day following the date notice of the
suspension was given to | ||||||
6 | the person. | ||||||
7 | The law enforcement officer submitting the sworn report | ||||||
8 | shall serve immediate
notice of this suspension on the person | ||||||
9 | and such suspension and disqualification shall be effective
on | ||||||
10 | the 46th day following the date notice was given. | ||||||
11 | In cases where the blood alcohol concentration of 0.08 or | ||||||
12 | more,
or any amount
of a drug, substance, or intoxicating | ||||||
13 | compound resulting from the unlawful
use or
consumption of | ||||||
14 | cannabis as listed in the Cannabis Control Act, a
controlled
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15 | substance listed in the Illinois Controlled Substances Act,
an
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16 | intoxicating
compound listed in the Use of Intoxicating | ||||||
17 | Compounds Act, or methamphetamine as listed in the | ||||||
18 | Methamphetamine Control and Community Protection Act, is | ||||||
19 | established by a
subsequent analysis of blood or urine | ||||||
20 | collected at the time of arrest, the
arresting officer shall | ||||||
21 | give notice as provided in this Section or by deposit
in the | ||||||
22 | United States mail of such notice in an envelope with postage | ||||||
23 | prepaid
and addressed to such person at his address as shown on | ||||||
24 | the Uniform Traffic
Ticket and the suspension and | ||||||
25 | disqualification shall be effective on the 46th day following | ||||||
26 | the date
notice was given. |
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1 | Upon receipt of the sworn report of a law enforcement | ||||||
2 | officer, the Secretary
shall also give notice of the suspension | ||||||
3 | and disqualification to the driver by mailing a notice of
the | ||||||
4 | effective date of the suspension and disqualification to the | ||||||
5 | individual. However, should the
sworn report be defective by | ||||||
6 | not containing sufficient information or be
completed in error, | ||||||
7 | the notice of the suspension and disqualification shall not be | ||||||
8 | mailed to the
person or entered to the driving record, but | ||||||
9 | rather the sworn report shall be
returned to the issuing law | ||||||
10 | enforcement agency. | ||||||
11 | (e) A driver may contest this suspension of his or her
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12 | driving privileges and disqualification of his or her CDL | ||||||
13 | privileges by
requesting an administrative hearing with the | ||||||
14 | Secretary in accordance with
Section 2-118 of this Code. At the | ||||||
15 | conclusion of a hearing held under
Section 2-118 of this Code, | ||||||
16 | the Secretary may rescind, continue, or modify the
orders
of | ||||||
17 | suspension and disqualification. If the Secretary does not | ||||||
18 | rescind the orders of suspension and disqualification, a | ||||||
19 | restricted
driving permit may be granted by the Secretary upon | ||||||
20 | application being made and
good cause shown. A restricted | ||||||
21 | driving permit may be granted to relieve undue
hardship to | ||||||
22 | allow driving for employment, educational, and medical | ||||||
23 | purposes as
outlined in Section 6-206 of this Code. The | ||||||
24 | provisions of Section 6-206 of
this Code shall apply. In | ||||||
25 | accordance with 49 C.F.R. 384, the Secretary of State may not | ||||||
26 | issue a restricted driving permit for the operation of a |
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1 | commercial motor vehicle to a person holding a CDL whose | ||||||
2 | driving privileges have been suspended, revoked, cancelled, or | ||||||
3 | disqualified.
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4 | (f) (Blank). | ||||||
5 | (g) For the purposes of this Section, a serious bodily | ||||||
6 | personal injury shall include
any type A injury as indicated on | ||||||
7 | the traffic accident report completed
by a law enforcement | ||||||
8 | officer that requires immediate professional attention
in | ||||||
9 | either a doctor's office or a medical facility. A type A injury | ||||||
10 | shall
include severely bleeding wounds, distorted extremities, | ||||||
11 | and injuries that
require the injured party to be carried from | ||||||
12 | the scene. | ||||||
13 | (Source: P.A. 99-467, eff. 1-1-16 .)
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