99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5980

 

Introduced , by Rep. Bill Mitchell

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501.6  from Ch. 95 1/2, par. 11-501.6

    Amends the Illinois Vehicle Code. Provides in a serious bodily injury or fatal motor vehicle accident, issuance of a Uniform Traffic Ticket for an Illinois Vehicle Code violation is no longer required for implied consent for breath tests using a portable device and chemical tests of blood, breath, or urine, for the purpose of determining the content of alcohol, drugs, or intoxicating compounds in a person's blood. Retains the requirement for issuance of a ticket for implied consent for a non-serious bodily injury motor vehicle accident.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
8injury or fatal motor vehicle accident; chemical test.
9    (a) Any person who drives or is in actual control of a
10motor vehicle upon the public highways of this State and who
11has been involved in a serious bodily personal injury or fatal
12motor vehicle accident, shall be deemed to have given consent
13to a breath test using a portable device as approved by the
14Department of State Police or to a chemical test or tests of
15blood, breath, or urine for the purpose of determining the
16content of alcohol, other drug or drugs, or intoxicating
17compound or compounds of such person's blood.
18    (a-5) Any person who drives or is in actual control of a
19motor vehicle upon the public highways of this State and who
20has been involved in a non-serious bodily injury motor vehicle
21accident, shall be deemed to have given consent to a breath
22test using a portable device as approved by the Department of
23State Police, or to a chemical test or tests of blood, breath,

 

 

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1or urine for the purpose of determining the content of alcohol,
2other drug or drugs, or intoxicating compound or compounds of
3such person's blood if arrested as evidenced by the issuance of
4a Uniform Traffic Ticket for any violation of the Illinois
5Vehicle Code or a similar provision of a local ordinance, with
6the exception of equipment violations contained in Chapter 12
7of this Code, or similar provisions of local ordinances.
8    (a-10) The test or tests under subsections (a) and (a-5) of
9this Section shall be administered at the direction of the
10arresting officer. The law enforcement agency employing the
11officer shall designate which of the aforesaid tests shall be
12administered. A urine test may be administered even after a
13blood or breath test or both has been administered. Compliance
14with this Section does not relieve such person from the
15requirements of Section 11-501.1 of this Code.
16    (b) Any person who is dead, unconscious or who is otherwise
17in a condition rendering such person incapable of refusal shall
18be deemed not to have withdrawn the consent provided by
19subsection (a) of this Section. In addition, if a driver of a
20vehicle is receiving medical treatment as a result of a motor
21vehicle accident, any physician licensed to practice medicine,
22licensed physician assistant, licensed advanced practice
23nurse, registered nurse or a phlebotomist acting under the
24direction of a licensed physician shall withdraw blood for
25testing purposes to ascertain the presence of alcohol, other
26drug or drugs, or intoxicating compound or compounds, upon the

 

 

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1specific request of a law enforcement officer. However, no such
2testing shall be performed until, in the opinion of the medical
3personnel on scene, the withdrawal can be made without
4interfering with or endangering the well-being of the patient.
5    (c) A person requested to submit to a test as provided
6above shall be warned by the law enforcement officer requesting
7the test that a refusal to submit to the test, or submission to
8the test resulting in an alcohol concentration of 0.08 or more,
9or any amount of a drug, substance, or intoxicating compound
10resulting from the unlawful use or consumption of cannabis, as
11covered by the Cannabis Control Act, a controlled substance
12listed in the Illinois Controlled Substances Act, an
13intoxicating compound listed in the Use of Intoxicating
14Compounds Act, or methamphetamine as listed in the
15Methamphetamine Control and Community Protection Act as
16detected in such person's blood or urine, may result in the
17suspension of such person's privilege to operate a motor
18vehicle and may result in the disqualification of the person's
19privilege to operate a commercial motor vehicle, as provided in
20Section 6-514 of this Code, if the person is a CDL holder. The
21length of the suspension shall be the same as outlined in
22Section 6-208.1 of this Code regarding statutory summary
23suspensions.
24    A person requested to submit to a test shall also
25acknowledge, in writing, receipt of the warning required under
26this Section. If the person refuses to acknowledge receipt of

 

 

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1the warning, the law enforcement officer shall make a written
2notation on the warning that the person refused to sign the
3warning. A person's refusal to sign the warning shall not be
4evidence that the person was not read the warning.
5    (d) If the person refuses testing or submits to a test
6which discloses an alcohol concentration of 0.08 or more, or
7any amount of a drug, substance, or intoxicating compound in
8such person's blood or urine resulting from the unlawful use or
9consumption of cannabis listed in the Cannabis Control Act, a
10controlled substance listed in the Illinois Controlled
11Substances Act, an intoxicating compound listed in the Use of
12Intoxicating Compounds Act, or methamphetamine as listed in the
13Methamphetamine Control and Community Protection Act, the law
14enforcement officer shall immediately submit a sworn report to
15the Secretary of State on a form prescribed by the Secretary,
16certifying that the test or tests were requested pursuant to
17subsection (a) or (a-5) and the person refused to submit to a
18test or tests or submitted to testing which disclosed an
19alcohol concentration of 0.08 or more, or any amount of a drug,
20substance, or intoxicating compound in such person's blood or
21urine, resulting from the unlawful use or consumption of
22cannabis listed in the Cannabis Control Act, a controlled
23substance listed in the Illinois Controlled Substances Act, an
24intoxicating compound listed in the Use of Intoxicating
25Compounds Act, or methamphetamine as listed in the
26Methamphetamine Control and Community Protection Act.

 

 

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1    Upon receipt of the sworn report of a law enforcement
2officer, the Secretary shall enter the suspension and
3disqualification to the individual's driving record and the
4suspension and disqualification shall be effective on the 46th
5day following the date notice of the suspension was given to
6the person.
7    The law enforcement officer submitting the sworn report
8shall serve immediate notice of this suspension on the person
9and such suspension and disqualification shall be effective on
10the 46th day following the date notice was given.
11    In cases where the blood alcohol concentration of 0.08 or
12more, or any amount of a drug, substance, or intoxicating
13compound resulting from the unlawful use or consumption of
14cannabis as listed in the Cannabis Control Act, a controlled
15substance listed in the Illinois Controlled Substances Act, an
16intoxicating compound listed in the Use of Intoxicating
17Compounds Act, or methamphetamine as listed in the
18Methamphetamine Control and Community Protection Act, is
19established by a subsequent analysis of blood or urine
20collected at the time of arrest, the arresting officer shall
21give notice as provided in this Section or by deposit in the
22United States mail of such notice in an envelope with postage
23prepaid and addressed to such person at his address as shown on
24the Uniform Traffic Ticket and the suspension and
25disqualification shall be effective on the 46th day following
26the date notice was given.

 

 

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1    Upon receipt of the sworn report of a law enforcement
2officer, the Secretary shall also give notice of the suspension
3and disqualification to the driver by mailing a notice of the
4effective date of the suspension and disqualification to the
5individual. However, should the sworn report be defective by
6not containing sufficient information or be completed in error,
7the notice of the suspension and disqualification shall not be
8mailed to the person or entered to the driving record, but
9rather the sworn report shall be returned to the issuing law
10enforcement agency.
11    (e) A driver may contest this suspension of his or her
12driving privileges and disqualification of his or her CDL
13privileges by requesting an administrative hearing with the
14Secretary in accordance with Section 2-118 of this Code. At the
15conclusion of a hearing held under Section 2-118 of this Code,
16the Secretary may rescind, continue, or modify the orders of
17suspension and disqualification. If the Secretary does not
18rescind the orders of suspension and disqualification, a
19restricted driving permit may be granted by the Secretary upon
20application being made and good cause shown. A restricted
21driving permit may be granted to relieve undue hardship to
22allow driving for employment, educational, and medical
23purposes as outlined in Section 6-206 of this Code. The
24provisions of Section 6-206 of this Code shall apply. In
25accordance with 49 C.F.R. 384, the Secretary of State may not
26issue a restricted driving permit for the operation of a

 

 

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1commercial motor vehicle to a person holding a CDL whose
2driving privileges have been suspended, revoked, cancelled, or
3disqualified.
4    (f) (Blank).
5    (g) For the purposes of this Section, a serious bodily
6personal injury shall include any type A injury as indicated on
7the traffic accident report completed by a law enforcement
8officer that requires immediate professional attention in
9either a doctor's office or a medical facility. A type A injury
10shall include severely bleeding wounds, distorted extremities,
11and injuries that require the injured party to be carried from
12the scene.
13(Source: P.A. 99-467, eff. 1-1-16.)