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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 | Sections 11-501.2 and 11-501.6 as follows:
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6 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
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7 | Sec. 11-501.2. Chemical and other tests.
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8 | (a) Upon the trial of any civil or criminal action or | ||||||
9 | proceeding arising out
of an arrest for an offense as defined | ||||||
10 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
11 | pursuant to Section 2-118.1, evidence of the
concentration of | ||||||
12 | alcohol, other drug or drugs, or intoxicating compound or
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13 | compounds, or any combination thereof in a person's blood
or | ||||||
14 | breath at the time alleged, as determined by analysis of the | ||||||
15 | person's blood,
urine, breath or other bodily substance, shall | ||||||
16 | be admissible. Where such test
is made the following provisions | ||||||
17 | shall apply:
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18 | 1. Chemical analyses of the person's blood, urine, | ||||||
19 | breath or other bodily
substance to be considered valid | ||||||
20 | under the provisions of this Section shall
have been | ||||||
21 | performed according to standards promulgated by the | ||||||
22 | Department of State Police
by
a licensed physician, | ||||||
23 | registered nurse, trained phlebotomist acting under the
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1 | direction of a licensed physician, certified paramedic, or | ||||||
2 | other individual
possessing a valid permit issued by that | ||||||
3 | Department for
this purpose. The Director of State Police | ||||||
4 | is authorized to approve satisfactory
techniques or | ||||||
5 | methods, to ascertain the qualifications and competence of
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6 | individuals to conduct such analyses, to issue permits | ||||||
7 | which shall be subject
to termination or revocation at the | ||||||
8 | discretion of that Department and to
certify the accuracy | ||||||
9 | of breath testing equipment. The Department
of
State Police | ||||||
10 | shall prescribe regulations as necessary to
implement this
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11 | Section , including rules providing for testing of saliva .
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12 | 2. When a person in this State shall submit to a blood | ||||||
13 | test at the request
of a law enforcement officer under the | ||||||
14 | provisions of Section 11-501.1, only a
physician | ||||||
15 | authorized to practice medicine, a registered nurse, | ||||||
16 | trained
phlebotomist, or certified paramedic, or other
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17 | qualified person approved by the Department of State Police | ||||||
18 | may withdraw blood
for the purpose of determining the | ||||||
19 | alcohol, drug, or alcohol and drug content
therein. This | ||||||
20 | limitation shall not apply to the taking of breath or urine
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21 | specimens.
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22 | When a blood test of a person who has been taken to an | ||||||
23 | adjoining state
for medical treatment is requested by an | ||||||
24 | Illinois law enforcement officer,
the blood may be | ||||||
25 | withdrawn only by a physician authorized to practice
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26 | medicine in the adjoining state, a registered nurse, a |
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1 | trained
phlebotomist acting under the direction of the | ||||||
2 | physician, or certified
paramedic. The law
enforcement | ||||||
3 | officer requesting the test shall take custody of the blood
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4 | sample, and the blood sample shall be analyzed by a | ||||||
5 | laboratory certified by the
Department of State Police for | ||||||
6 | that purpose.
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7 | 3. The person tested may have a physician, or a | ||||||
8 | qualified technician,
chemist, registered nurse, or other | ||||||
9 | qualified person of their own choosing
administer a | ||||||
10 | chemical test or tests in addition to any administered at | ||||||
11 | the
direction of a law enforcement officer. The failure or | ||||||
12 | inability to obtain
an additional test by a person shall | ||||||
13 | not preclude the admission of evidence
relating to the test | ||||||
14 | or tests taken at the direction of a law enforcement
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15 | officer.
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16 | 4. Upon the request of the person who shall submit to a | ||||||
17 | chemical test
or tests at the request of a law enforcement | ||||||
18 | officer, full information
concerning the test or tests | ||||||
19 | shall be made available to the person or such
person's | ||||||
20 | attorney.
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21 | 5. Alcohol concentration shall mean either grams of | ||||||
22 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
23 | per 210 liters of breath.
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24 | (b) Upon the trial of any civil or criminal action or | ||||||
25 | proceeding arising
out of acts alleged to have been committed | ||||||
26 | by any person while driving or
in actual physical control of a |
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1 | vehicle while under the influence of alcohol,
the concentration | ||||||
2 | of alcohol in the person's blood or breath at the time
alleged | ||||||
3 | as shown by analysis of the person's blood, urine, breath, or | ||||||
4 | other
bodily substance shall give rise to the following | ||||||
5 | presumptions:
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6 | 1. If there was at that time an alcohol concentration | ||||||
7 | of 0.05 or less,
it shall be presumed that the person was | ||||||
8 | not under the influence of alcohol.
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9 | 2. If there was at that time an alcohol concentration | ||||||
10 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
11 | give rise to any
presumption that
the person was or was not | ||||||
12 | under the influence of alcohol, but such fact
may be | ||||||
13 | considered with other competent evidence in determining | ||||||
14 | whether the
person was under the influence of alcohol.
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15 | 3. If there was at that time an alcohol concentration | ||||||
16 | of 0.08
or more,
it shall be presumed that the person was | ||||||
17 | under the influence of alcohol.
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18 | 4. The foregoing provisions of this Section shall not | ||||||
19 | be construed as
limiting the introduction of any other | ||||||
20 | relevant evidence bearing upon the
question whether the | ||||||
21 | person was under the influence of alcohol.
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22 | (c) 1. If a person under arrest refuses to submit to a | ||||||
23 | chemical test
under
the provisions of Section 11-501.1, | ||||||
24 | evidence of refusal shall be admissible
in any civil or | ||||||
25 | criminal action or proceeding arising out of acts alleged
to | ||||||
26 | have been committed while the person under the influence of |
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1 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
2 | compounds, or
any combination thereof was driving or in actual | ||||||
3 | physical
control of a motor vehicle.
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4 | 2. Notwithstanding any ability to refuse under this | ||||||
5 | Code to submit to
these tests or any ability to revoke the | ||||||
6 | implied consent to these tests, if a
law enforcement | ||||||
7 | officer has probable cause to believe that a motor vehicle
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8 | driven by or in actual physical control of a person under | ||||||
9 | the influence of
alcohol, other drug or drugs, or | ||||||
10 | intoxicating compound or
compounds,
or any combination | ||||||
11 | thereof
has caused the death or
personal injury to another, | ||||||
12 | that person shall submit, upon the request of a law
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13 | enforcement officer, to a chemical test or tests of his or | ||||||
14 | her blood, breath , saliva, or
urine for the purpose of
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15 | determining the alcohol content thereof or the presence of | ||||||
16 | any other drug or
combination of both.
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17 | This provision does not affect the applicability of or | ||||||
18 | imposition of driver's
license sanctions under Section | ||||||
19 | 11-501.1 of this Code.
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20 | 3. For purposes of this Section, a personal injury | ||||||
21 | includes any Type A
injury as indicated on the traffic | ||||||
22 | accident report completed by a law
enforcement officer that | ||||||
23 | requires immediate professional attention in either a
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24 | doctor's office or a medical facility. A Type A injury | ||||||
25 | includes severe
bleeding wounds, distorted extremities, | ||||||
26 | and injuries that require the injured
party to be carried |
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1 | from the scene.
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2 | (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828, | ||||||
3 | eff. 1-1-01.)
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4 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
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5 | Sec. 11-501.6. Driver involvement in personal injury or | ||||||
6 | fatal motor
vehicle accident - chemical test.
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7 | (a) Any person who drives or is in actual control of a | ||||||
8 | motor vehicle
upon the public highways of this State and who | ||||||
9 | has been involved in a
personal injury or fatal motor vehicle | ||||||
10 | accident, shall be deemed to have
given consent to a breath | ||||||
11 | test using a portable device as approved by the
Department of | ||||||
12 | State Police or to a chemical test or tests
of blood, breath, | ||||||
13 | saliva, or
urine for the purpose of determining the content of | ||||||
14 | alcohol,
other
drug or drugs, or intoxicating compound or | ||||||
15 | compounds of such
person's blood if arrested as evidenced by | ||||||
16 | the issuance of a Uniform Traffic
Ticket for any violation of | ||||||
17 | the Illinois Vehicle Code or a similar provision of
a local | ||||||
18 | ordinance, with the exception of equipment violations | ||||||
19 | contained in
Chapter 12 of this Code, or similar provisions of | ||||||
20 | local ordinances. The test
or tests shall be administered at | ||||||
21 | the direction of the arresting officer. The
law enforcement | ||||||
22 | agency employing the officer shall designate which of the
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23 | aforesaid tests shall be administered. A urine test may be | ||||||
24 | administered even
after a blood , saliva, or breath test or any | ||||||
25 | combination of those tests
both has been administered. |
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1 | Compliance with
this Section does not relieve such person from | ||||||
2 | the requirements of Section
11-501.1 of this Code.
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3 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
4 | in a
condition rendering such person incapable of refusal shall | ||||||
5 | be deemed not to
have withdrawn the consent provided by | ||||||
6 | subsection (a) of this Section. In
addition, if a driver of a | ||||||
7 | vehicle is receiving medical treatment as a
result of a motor | ||||||
8 | vehicle accident, any physician licensed to practice
medicine, | ||||||
9 | registered nurse or a phlebotomist acting under the direction | ||||||
10 | of
a licensed physician shall withdraw blood for testing | ||||||
11 | purposes to ascertain
the presence of alcohol, other drug or | ||||||
12 | drugs, or intoxicating
compound or compounds, upon the specific | ||||||
13 | request of a law
enforcement officer. However, no such testing | ||||||
14 | shall be performed until, in
the opinion of the medical | ||||||
15 | personnel on scene, the withdrawal can be made
without | ||||||
16 | interfering with or endangering the well-being of the patient.
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17 | (c) A person requested to submit to a test as provided | ||||||
18 | above shall be
warned by the law enforcement officer requesting | ||||||
19 | the test that a refusal to
submit to the test, or submission to | ||||||
20 | the test resulting in an alcohol
concentration of 0.08 or more, | ||||||
21 | or any amount of a drug, substance,
or intoxicating compound
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22 | resulting from the unlawful use or consumption of cannabis, as | ||||||
23 | covered by the
Cannabis Control Act, a controlled substance | ||||||
24 | listed in the Illinois
Controlled Substances Act, or an | ||||||
25 | intoxicating compound listed in the Use of
Intoxicating | ||||||
26 | Compounds Act as detected in such person's blood , saliva, or |
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1 | urine, may
result in the suspension of such person's privilege | ||||||
2 | to operate a motor vehicle.
The length of the suspension shall | ||||||
3 | be the same as outlined in Section
6-208.1 of this Code | ||||||
4 | regarding statutory summary suspensions.
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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 , saliva, or urine resulting from the
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9 | unlawful use or
consumption of cannabis listed in the Cannabis | ||||||
10 | Control Act, a controlled
substance listed in the Illinois | ||||||
11 | Controlled Substances Act, or an
intoxicating
compound listed | ||||||
12 | in the Use of Intoxicating Compounds Act, the law
enforcement | ||||||
13 | officer shall immediately submit a sworn report to the | ||||||
14 | Secretary of
State on a form prescribed by the Secretary, | ||||||
15 | certifying that the test or tests
were requested pursuant to | ||||||
16 | subsection (a) and the person refused to submit to a
test or | ||||||
17 | tests or submitted to testing which disclosed an alcohol | ||||||
18 | concentration
of 0.08 or more, or any amount of a drug, | ||||||
19 | substance, or intoxicating
compound
in such
person's blood , | ||||||
20 | saliva, or urine, resulting from the unlawful use or | ||||||
21 | consumption of
cannabis listed in the Cannabis Control Act, a | ||||||
22 | controlled substance
listed in
the Illinois Controlled | ||||||
23 | Substances Act, or an intoxicating compound listed in
the Use | ||||||
24 | of Intoxicating Compounds Act.
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25 | Upon receipt of the sworn report of a law enforcement | ||||||
26 | officer, the
Secretary shall enter the suspension to the |
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1 | individual's driving record and the
suspension shall be | ||||||
2 | effective on the 46th day following the date notice of the
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3 | suspension was given to the person.
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4 | The law enforcement officer submitting the sworn report | ||||||
5 | shall serve immediate
notice of this suspension on the person | ||||||
6 | and such suspension shall be effective
on the 46th day | ||||||
7 | following the date notice was given.
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8 | In cases where the blood alcohol concentration of 0.08 or | ||||||
9 | more,
or any amount
of a drug, substance, or intoxicating | ||||||
10 | compound resulting from the unlawful
use or
consumption of | ||||||
11 | cannabis as listed in the Cannabis Control Act, a
controlled
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12 | substance listed in the Illinois Controlled Substances Act, or | ||||||
13 | an
intoxicating
compound listed in the Use of Intoxicating | ||||||
14 | Compounds Act, is established by a
subsequent analysis of | ||||||
15 | blood , saliva, or urine collected at the time of arrest, the
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16 | arresting officer shall give notice as provided in this Section | ||||||
17 | or by deposit
in the United States mail of such notice in an | ||||||
18 | envelope with postage prepaid
and addressed to such person at | ||||||
19 | his address as shown on the Uniform Traffic
Ticket and the | ||||||
20 | suspension shall be effective on the 46th day following the | ||||||
21 | date
notice was given.
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22 | Upon receipt of the sworn report of a law enforcement | ||||||
23 | officer, the Secretary
shall also give notice of the suspension | ||||||
24 | to the driver by mailing a notice of
the effective date of the | ||||||
25 | suspension to the individual. However, should the
sworn report | ||||||
26 | be defective by not containing sufficient information or be
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1 | completed in error, the notice of the suspension shall not be | ||||||
2 | mailed to the
person or entered to the driving record, but | ||||||
3 | rather the sworn report shall be
returned to the issuing law | ||||||
4 | enforcement agency.
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5 | (e) A driver may contest this suspension of his driving | ||||||
6 | privileges by
requesting an administrative hearing with the | ||||||
7 | Secretary in accordance with
Section 2-118 of this Code. At the | ||||||
8 | conclusion of a hearing held under
Section 2-118 of this Code, | ||||||
9 | the Secretary may rescind, continue, or modify the
order of | ||||||
10 | suspension. If the Secretary does not rescind the order, a | ||||||
11 | restricted
driving permit may be granted by the Secretary upon | ||||||
12 | application being made and
good cause shown. A restricted | ||||||
13 | driving permit may be granted to relieve undue
hardship to | ||||||
14 | allow driving for employment, educational, and medical | ||||||
15 | purposes as
outlined in Section 6-206 of this Code. The | ||||||
16 | provisions of Section 6-206 of
this Code shall apply.
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17 | (f) (Blank).
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18 | (g) For the purposes of this Section, a personal injury | ||||||
19 | shall include
any type A injury as indicated on the traffic | ||||||
20 | accident report completed
by a law enforcement officer that | ||||||
21 | requires immediate professional attention
in either a doctor's | ||||||
22 | office or a medical facility. A type A injury shall
include | ||||||
23 | severely bleeding wounds, distorted extremities, and injuries | ||||||
24 | that
require the injured party to be carried from the scene.
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25 | (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-357, | ||||||
26 | eff.
7-29-99; 91-828, eff. 1-1-01.)
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