Public Act 094-0115
 
HB1351 Enrolled LRB094 09428 DRH 39675 b

    AN ACT concerning transportation.
 
    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 11-401 and 11-501.1 as follows:
 
    (625 ILCS 5/11-401)  (from Ch. 95 1/2, par. 11-401)
    Sec. 11-401. Motor vehicle accidents involving death or
personal injuries.
    (a) The driver of any vehicle involved in a motor vehicle
accident resulting in personal injury to or death of any person
shall immediately stop such vehicle at the scene of such
accident, or as close thereto as possible and shall then
forthwith return to, and in every event shall remain at the
scene of the accident until the requirements of Section 11-403
have been fulfilled. Every such stop shall be made without
obstructing traffic more than is necessary.
    (b) Any person who has failed to stop or to comply with the
requirements of paragraph (a) shall, as soon as possible but in
no case later than one-half hour after such motor vehicle
accident, or, if hospitalized and incapacitated from reporting
at any time during such period, as soon as possible but in no
case later than one-half hour after being discharged from the
hospital, report the place of the accident, the date, the
approximate time, the driver's name and address, the
registration number of the vehicle driven, and the names of all
other occupants of such vehicle, at a police station or
sheriff's office near the place where such accident occurred.
No report made as required under this paragraph shall be used,
directly or indirectly, as a basis for the prosecution of any
violation of paragraph (a).
    (b-1) Any person arrested for violating this Section is
subject to chemical testing of his or her blood, breath, or
urine for the presence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, as provided in Section 11-501.1, if the testing occurs
within 12 hours of the time of the occurrence of the accident
that led to his or her arrest. The person's driving privileges
are subject to statutory summary suspension under Section
11-501.1 if he or she fails or refuses to undergo the testing.
    For purposes of this Section, personal injury shall mean
any injury requiring immediate professional treatment in a
medical facility or doctor's office.
    (c) Any person failing to comply with paragraph (a) shall
be guilty of a Class 4 felony.
    (d) Any person failing to comply with paragraph (b) is
guilty of a Class 3 felony if the motor vehicle accident does
not result in the death of any person. Any person failing to
comply with paragraph (b) when the accident results in the
death of any person is guilty of a Class 2 felony, for which
the person, if sentenced to a term of imprisonment, shall be
sentenced to a term of not less than 3 years and not more than
14 years.
    (e) The Secretary of State shall revoke the driving
privilege of any person convicted of a violation of this
Section.
(Source: P.A. 93-684, eff. 1-1-05.)
 
    (625 ILCS 5/11-501.1)  (from Ch. 95 1/2, par. 11-501.1)
    Sec. 11-501.1. Suspension of drivers license; statutory
summary alcohol, other drug or drugs, or intoxicating compound
or compounds related suspension; implied consent.
    (a) Any person 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, subject to the provisions of
Section 11-501.2, 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 or
any combination thereof in the person's blood if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket, for any
offense as defined in Section 11-501 or a similar provision of
a local ordinance, or if arrested for violating Section 11-401.
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. For
purposes of this Section, an Illinois law enforcement officer
of this State who is investigating the person for any offense
defined in Section 11-501 may travel into an adjoining state,
where the person has been transported for medical care, to
complete an investigation and to request that the person submit
to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are
inapplicable, but the officer shall issue the person a Uniform
Traffic Ticket for an offense as defined in Section 11-501 or a
similar provision of a local ordinance prior to requesting that
the person submit to the test or tests. The issuance of the
Uniform Traffic Ticket shall not constitute an arrest, but
shall be for the purpose of notifying the person that he or she
is subject to the provisions of this Section and of the
officer's belief of the existence of probable cause to arrest.
Upon returning to this State, the officer shall file the
Uniform Traffic Ticket with the Circuit Clerk of the county
where the offense was committed, and shall seek the issuance of
an arrest warrant or a summons for the person.
    (b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering the 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 provisions of Section
11-501.2.
    (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 will result in
the statutory summary suspension of the person's privilege to
operate a motor vehicle as provided in Section 6-208.1 of this
Code. The person shall also be warned by the law enforcement
officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol
concentration in the person's blood or breath is 0.08 or
greater, or any amount of a drug, substance, or 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 is detected in the person's blood or urine, a
statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Sections 6-208.1 and
11-501.1 of this Code, will be imposed.
    A person who is under the age of 21 at the time the person
is requested to submit to a test as provided above shall, in
addition to the warnings provided for in this Section, be
further warned by the law enforcement officer requesting the
test that if the person submits to the test or tests provided
in paragraph (a) of this Section and the alcohol concentration
in the person's blood or breath is greater than 0.00 and less
than 0.08, a suspension of the person's privilege to operate a
motor vehicle, as provided under Sections 6-208.2 and 11-501.8
of this Code, will be imposed. The results of this test shall
be admissible in a civil or criminal action or proceeding
arising from an arrest for an offense as defined in Section
11-501 of this Code or a similar provision of a local ordinance
or pursuant to Section 11-501.4 in prosecutions for reckless
homicide brought under the Criminal Code of 1961. These test
results, however, shall be admissible only in actions or
proceedings directly related to the incident upon which the
test request was made.
    (d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of 0.08 or more, or any
amount of a drug, substance, or intoxicating compound in the
person's breath, 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 circuit court of
venue and the Secretary of State, certifying that the test or
tests was or were requested under paragraph (a) and the person
refused to submit to a test, or tests, or submitted to testing
that disclosed an alcohol concentration of 0.08 or more.
    (e) Upon receipt of the sworn report of a law enforcement
officer submitted under paragraph (d), the Secretary of State
shall enter the statutory summary suspension for the periods
specified in Section 6-208.1, and effective as provided in
paragraph (g).
    If the person is a first offender as defined in Section
11-500 of this Code, and is not convicted of a violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, then reports received by the Secretary of State
under this Section shall, except during the actual time the
Statutory Summary Suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State.
    (f) The law enforcement officer submitting the sworn report
under paragraph (d) shall serve immediate notice of the
statutory summary suspension on the person and the suspension
shall be effective as provided in paragraph (g). In cases where
the blood alcohol concentration of 0.08 or greater or any
amount of a drug, substance, or 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 is
established by a subsequent analysis of blood or urine
collected at the time of arrest, the arresting officer or
arresting agency shall give notice as provided in this Section
or by deposit in the United States mail of the notice in an
envelope with postage prepaid and addressed to the person at
his address as shown on the Uniform Traffic Ticket and the
statutory summary suspension shall begin as provided in
paragraph (g). The officer shall confiscate any Illinois
driver's license or permit on the person at the time of arrest.
If the person has a valid driver's license or permit, the
officer shall issue the person a receipt, in a form prescribed
by the Secretary of State, that will allow that person to drive
during the periods provided for in paragraph (g). The officer
shall immediately forward the driver's license or permit to the
circuit court of venue along with the sworn report provided for
in paragraph (d).
    (g) The statutory summary suspension referred to in this
Section shall take effect on the 46th day following the date
the notice of the statutory summary suspension was given to the
person.
    (h) The following procedure shall apply whenever a person
is arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance:
    Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension by mailing a notice of the effective date of
the suspension to the person and the court of venue. However,
should the sworn report be defective by not containing
sufficient information or be completed in error, the
confirmation of the statutory summary suspension shall not be
mailed to the person or entered to the record; instead, the
sworn report shall be forwarded to the court of venue with a
copy returned to the issuing agency identifying any defect.
(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-357,
eff. 7-29-99.)