103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3409

 

Introduced 2/8/2024, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501  from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.2  from Ch. 95 1/2, par. 11-501.2

    Amends the Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle within this State while the person has, within 2 hours of driving or being in actual physical control of a vehicle, a free tetrahydrocannabinol concentration in the person's whole blood or other bodily substances of 5 nanograms or more per milliliter in whole blood or 10 nanograms or more per milliliter in any other bodily substance (currently, this provision does not specify whether the concentration is a free concentration). Makes technical changes.


LRB103 36849 MXP 66961 b

 

 

A BILL FOR

 

SB3409LRB103 36849 MXP 66961 b

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
5changing Sections 11-501 and 11-501.2 as follows:
 
6    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7    Sec. 11-501. Driving while under the influence of alcohol,
8other drug or drugs, intoxicating compound or compounds or any
9combination thereof.
10    (a) A person shall not drive or be in actual physical
11control of any vehicle within this State while:
12        (1) the alcohol concentration in the person's blood,
13    other bodily substance, or breath is 0.08 or more based on
14    the definition of blood and breath units in Section
15    11-501.2;
16        (2) under the influence of alcohol;
17        (3) under the influence of any intoxicating compound
18    or combination of intoxicating compounds to a degree that
19    renders the person incapable of driving safely;
20        (4) under the influence of any other drug or
21    combination of drugs to a degree that renders the person
22    incapable of safely driving;
23        (5) under the combined influence of alcohol, other

 

 

SB3409- 2 -LRB103 36849 MXP 66961 b

1    drug or drugs, or intoxicating compound or compounds to a
2    degree that renders the person incapable of safely
3    driving;
4        (6) there is any amount of a drug, substance, or
5    compound in the person's breath, blood, other bodily
6    substance, or urine resulting from the unlawful use or
7    consumption of a controlled substance listed in the
8    Illinois Controlled Substances Act, an intoxicating
9    compound listed in the Use of Intoxicating Compounds Act,
10    or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act; or
12        (7) the person has, within 2 hours of driving or being
13    in actual physical control of a vehicle, a free
14    tetrahydrocannabinol concentration of 5 nanograms or more
15    per milliliter in whole blood or 10 nanograms or more per
16    milliliter in any other bodily substance in the person's
17    whole blood or other bodily substance as defined in
18    paragraph 6 of subsection (a) of Section 11-501.2 of this
19    Code. Subject to all other requirements and provisions
20    under this Section, this paragraph (7) does not apply to
21    the lawful consumption of cannabis by a qualifying patient
22    licensed under the Compassionate Use of Medical Cannabis
23    Program Act who is in possession of a valid registry card
24    issued under that Act, unless that person is impaired by
25    the use of cannabis.
26    As used in this subsection (a), "free tetrahydrocannabinol

 

 

SB3409- 3 -LRB103 36849 MXP 66961 b

1concentration" means the amount of unchanged, parent
2delta-9-tetrahydrocannabinol detected in a blood or bodily
3fluid sample.
4    (b) The fact that any person charged with violating this
5Section is or has been legally entitled to use alcohol,
6cannabis under the Compassionate Use of Medical Cannabis
7Program Act, other drug or drugs, or intoxicating compound or
8compounds, or any combination thereof, shall not constitute a
9defense against any charge of violating this Section.
10    (c) Penalties.
11        (1) Except as otherwise provided in this Section, any
12    person convicted of violating subsection (a) of this
13    Section is guilty of a Class A misdemeanor.
14        (2) A person who violates subsection (a) or a similar
15    provision a second time shall be sentenced to a mandatory
16    minimum term of either 5 days of imprisonment or 240 hours
17    of community service in addition to any other criminal or
18    administrative sanction.
19        (3) A person who violates subsection (a) is subject to
20    6 months of imprisonment, an additional mandatory minimum
21    fine of $1,000, and 25 days of community service in a
22    program benefiting children if the person was transporting
23    a person under the age of 16 at the time of the violation.
24        (4) A person who violates subsection (a) a first time,
25    if the alcohol concentration in his or her blood, breath,
26    other bodily substance, or urine was 0.16 or more based on

 

 

SB3409- 4 -LRB103 36849 MXP 66961 b

1    the definition of blood, breath, other bodily substance,
2    or urine units in Section 11-501.2, shall be subject, in
3    addition to any other penalty that may be imposed, to a
4    mandatory minimum of 100 hours of community service and a
5    mandatory minimum fine of $500.
6        (5) A person who violates subsection (a) a second
7    time, if at the time of the second violation the alcohol
8    concentration in his or her blood, breath, other bodily
9    substance, or urine was 0.16 or more based on the
10    definition of blood, breath, other bodily substance, or
11    urine units in Section 11-501.2, shall be subject, in
12    addition to any other penalty that may be imposed, to a
13    mandatory minimum of 2 days of imprisonment and a
14    mandatory minimum fine of $1,250.
15    (d) Aggravated driving under the influence of alcohol,
16other drug or drugs, or intoxicating compound or compounds, or
17any combination thereof.
18        (1) Every person convicted of committing a violation
19    of this Section shall be guilty of aggravated driving
20    under the influence of alcohol, other drug or drugs, or
21    intoxicating compound or compounds, or any combination
22    thereof if:
23            (A) the person committed a violation of subsection
24        (a) or a similar provision for the third or subsequent
25        time;
26            (B) the person committed a violation of subsection

 

 

SB3409- 5 -LRB103 36849 MXP 66961 b

1        (a) while driving a school bus with one or more
2        passengers on board;
3            (C) the person in committing a violation of
4        subsection (a) was involved in a motor vehicle crash
5        that resulted in great bodily harm or permanent
6        disability or disfigurement to another, when the
7        violation was a proximate cause of the injuries;
8            (D) the person committed a violation of subsection
9        (a) and has been previously convicted of violating
10        Section 9-3 of the Criminal Code of 1961 or the
11        Criminal Code of 2012 or a similar provision of a law
12        of another state relating to reckless homicide in
13        which the person was determined to have been under the
14        influence of alcohol, other drug or drugs, or
15        intoxicating compound or compounds as an element of
16        the offense or the person has previously been
17        convicted under subparagraph (C) or subparagraph (F)
18        of this paragraph (1);
19            (E) the person, in committing a violation of
20        subsection (a) while driving at any speed in a school
21        speed zone at a time when a speed limit of 20 miles per
22        hour was in effect under subsection (a) of Section
23        11-605 of this Code, was involved in a motor vehicle
24        crash that resulted in bodily harm, other than great
25        bodily harm or permanent disability or disfigurement,
26        to another person, when the violation of subsection

 

 

SB3409- 6 -LRB103 36849 MXP 66961 b

1        (a) was a proximate cause of the bodily harm;
2            (F) the person, in committing a violation of
3        subsection (a), was involved in a motor vehicle crash
4        or snowmobile, all-terrain vehicle, or watercraft
5        accident that resulted in the death of another person,
6        when the violation of subsection (a) was a proximate
7        cause of the death;
8            (G) the person committed a violation of subsection
9        (a) during a period in which the defendant's driving
10        privileges are revoked or suspended, where the
11        revocation or suspension was for a violation of
12        subsection (a) or a similar provision, Section
13        11-501.1, paragraph (b) of Section 11-401, or for
14        reckless homicide as defined in Section 9-3 of the
15        Criminal Code of 1961 or the Criminal Code of 2012;
16            (H) the person committed the violation while he or
17        she did not possess a driver's license or permit or a
18        restricted driving permit or a judicial driving permit
19        or a monitoring device driving permit;
20            (I) the person committed the violation while he or
21        she knew or should have known that the vehicle he or
22        she was driving was not covered by a liability
23        insurance policy;
24            (J) the person in committing a violation of
25        subsection (a) was involved in a motor vehicle crash
26        that resulted in bodily harm, but not great bodily

 

 

SB3409- 7 -LRB103 36849 MXP 66961 b

1        harm, to the child under the age of 16 being
2        transported by the person, if the violation was the
3        proximate cause of the injury;
4            (K) the person in committing a second violation of
5        subsection (a) or a similar provision was transporting
6        a person under the age of 16; or
7            (L) the person committed a violation of subsection
8        (a) of this Section while transporting one or more
9        passengers in a vehicle for-hire.
10        (2)(A) Except as provided otherwise, a person
11    convicted of aggravated driving under the influence of
12    alcohol, other drug or drugs, or intoxicating compound or
13    compounds, or any combination thereof is guilty of a Class
14    4 felony.
15        (B) A third violation of this Section or a similar
16    provision is a Class 2 felony. If at the time of the third
17    violation the alcohol concentration in his or her blood,
18    breath, other bodily substance, or urine was 0.16 or more
19    based on the definition of blood, breath, other bodily
20    substance, or urine units in Section 11-501.2, a mandatory
21    minimum of 90 days of imprisonment and a mandatory minimum
22    fine of $2,500 shall be imposed in addition to any other
23    criminal or administrative sanction. If at the time of the
24    third violation, the defendant was transporting a person
25    under the age of 16, a mandatory fine of $25,000 and 25
26    days of community service in a program benefiting children

 

 

SB3409- 8 -LRB103 36849 MXP 66961 b

1    shall be imposed in addition to any other criminal or
2    administrative sanction.
3        (C) A fourth violation of this Section or a similar
4    provision is a Class 2 felony, for which a sentence of
5    probation or conditional discharge may not be imposed. If
6    at the time of the violation, the alcohol concentration in
7    the defendant's blood, breath, other bodily substance, or
8    urine was 0.16 or more based on the definition of blood,
9    breath, other bodily substance, or urine units in Section
10    11-501.2, a mandatory minimum fine of $5,000 shall be
11    imposed in addition to any other criminal or
12    administrative sanction. If at the time of the fourth
13    violation, the defendant was transporting a person under
14    the age of 16 a mandatory fine of $25,000 and 25 days of
15    community service in a program benefiting children shall
16    be imposed in addition to any other criminal or
17    administrative sanction.
18        (D) A fifth violation of this Section or a similar
19    provision is a Class 1 felony, for which a sentence of
20    probation or conditional discharge may not be imposed. If
21    at the time of the violation, the alcohol concentration in
22    the defendant's blood, breath, other bodily substance, or
23    urine was 0.16 or more based on the definition of blood,
24    breath, other bodily substance, or urine units in Section
25    11-501.2, a mandatory minimum fine of $5,000 shall be
26    imposed in addition to any other criminal or

 

 

SB3409- 9 -LRB103 36849 MXP 66961 b

1    administrative sanction. If at the time of the fifth
2    violation, the defendant was transporting a person under
3    the age of 16, a mandatory fine of $25,000, and 25 days of
4    community service in a program benefiting children shall
5    be imposed in addition to any other criminal or
6    administrative sanction.
7        (E) A sixth or subsequent violation of this Section or
8    similar provision is a Class X felony. If at the time of
9    the violation, the alcohol concentration in the
10    defendant's blood, breath, other bodily substance, or
11    urine was 0.16 or more based on the definition of blood,
12    breath, other bodily substance, or urine units in Section
13    11-501.2, a mandatory minimum fine of $5,000 shall be
14    imposed in addition to any other criminal or
15    administrative sanction. If at the time of the violation,
16    the defendant was transporting a person under the age of
17    16, a mandatory fine of $25,000 and 25 days of community
18    service in a program benefiting children shall be imposed
19    in addition to any other criminal or administrative
20    sanction.
21        (F) For a violation of subparagraph (C) of paragraph
22    (1) of this subsection (d), the defendant, if sentenced to
23    a term of imprisonment, shall be sentenced to not less
24    than one year nor more than 12 years.
25        (G) A violation of subparagraph (F) of paragraph (1)
26    of this subsection (d) is a Class 2 felony, for which the

 

 

SB3409- 10 -LRB103 36849 MXP 66961 b

1    defendant, unless the court determines that extraordinary
2    circumstances exist and require probation, shall be
3    sentenced to: (i) a term of imprisonment of not less than 3
4    years and not more than 14 years if the violation resulted
5    in the death of one person; or (ii) a term of imprisonment
6    of not less than 6 years and not more than 28 years if the
7    violation resulted in the deaths of 2 or more persons.
8        (H) For a violation of subparagraph (J) of paragraph
9    (1) of this subsection (d), a mandatory fine of $2,500,
10    and 25 days of community service in a program benefiting
11    children shall be imposed in addition to any other
12    criminal or administrative sanction.
13        (I) A violation of subparagraph (K) of paragraph (1)
14    of this subsection (d), is a Class 2 felony and a mandatory
15    fine of $2,500, and 25 days of community service in a
16    program benefiting children shall be imposed in addition
17    to any other criminal or administrative sanction. If the
18    child being transported suffered bodily harm, but not
19    great bodily harm, in a motor vehicle crash, and the
20    violation was the proximate cause of that injury, a
21    mandatory fine of $5,000 and 25 days of community service
22    in a program benefiting children shall be imposed in
23    addition to any other criminal or administrative sanction.
24        (J) A violation of subparagraph (D) of paragraph (1)
25    of this subsection (d) is a Class 3 felony, for which a
26    sentence of probation or conditional discharge may not be

 

 

SB3409- 11 -LRB103 36849 MXP 66961 b

1    imposed.
2        (3) Any person sentenced under this subsection (d) who
3    receives a term of probation or conditional discharge must
4    serve a minimum term of either 480 hours of community
5    service or 10 days of imprisonment as a condition of the
6    probation or conditional discharge in addition to any
7    other criminal or administrative sanction.
8    (e) Any reference to a prior violation of subsection (a)
9or a similar provision includes any violation of a provision
10of a local ordinance or a provision of a law of another state
11or an offense committed on a military installation that is
12similar to a violation of subsection (a) of this Section.
13    (f) The imposition of a mandatory term of imprisonment or
14assignment of community service for a violation of this
15Section shall not be suspended or reduced by the court.
16    (g) Any penalty imposed for driving with a license that
17has been revoked for a previous violation of subsection (a) of
18this Section shall be in addition to the penalty imposed for
19any subsequent violation of subsection (a).
20    (h) For any prosecution under this Section, a certified
21copy of the driving abstract of the defendant shall be
22admitted as proof of any prior conviction.
23(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
 
24    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
25    Sec. 11-501.2. Chemical and other tests.

 

 

SB3409- 12 -LRB103 36849 MXP 66961 b

1    (a) Upon the trial of any civil or criminal action or
2proceeding arising out of an arrest for an offense as defined
3in Section 11-501 or a similar local ordinance or proceedings
4pursuant to Section 2-118.1, evidence of the concentration of
5alcohol, other drug or drugs, or intoxicating compound or
6compounds, or any combination thereof in a person's blood or
7breath at the time alleged, as determined by analysis of the
8person's blood, urine, breath, or other bodily substance,
9shall be admissible. Where such test is made the following
10provisions shall apply:
11        1. Chemical analyses of the person's blood, urine,
12    breath, or other bodily substance to be considered valid
13    under the provisions of this Section shall have been
14    performed according to standards promulgated by the
15    Illinois State Police by a licensed physician, registered
16    nurse, trained phlebotomist, licensed paramedic, or other
17    individual possessing a valid permit issued by that
18    Department for this purpose. The Director of the Illinois
19    State Police is authorized to approve satisfactory
20    techniques or methods, to ascertain the qualifications and
21    competence of individuals to conduct such analyses, to
22    issue permits which shall be subject to termination or
23    revocation at the discretion of that Department and to
24    certify the accuracy of breath testing equipment. The
25    Illinois State Police shall prescribe regulations as
26    necessary to implement this Section.

 

 

SB3409- 13 -LRB103 36849 MXP 66961 b

1        2. When a person in this State shall submit to a blood
2    test at the request of a law enforcement officer under the
3    provisions of Section 11-501.1, only a physician
4    authorized to practice medicine, a licensed physician
5    assistant, a licensed advanced practice registered nurse,
6    a registered nurse, trained phlebotomist, or licensed
7    paramedic, or other qualified person approved by the
8    Illinois State Police may withdraw blood for the purpose
9    of determining the alcohol, drug, or alcohol and drug
10    content therein. This limitation shall not apply to the
11    taking of breath, other bodily substance, or urine
12    specimens.
13        When a blood test of a person who has been taken to an
14    adjoining state for medical treatment is requested by an
15    Illinois law enforcement officer, the blood may be
16    withdrawn only by a physician authorized to practice
17    medicine in the adjoining state, a licensed physician
18    assistant, a licensed advanced practice registered nurse,
19    a registered nurse, a trained phlebotomist acting under
20    the direction of the physician, or licensed paramedic. The
21    law enforcement officer requesting the test shall take
22    custody of the blood sample, and the blood sample shall be
23    analyzed by a laboratory certified by the Illinois State
24    Police for that purpose.
25        3. The person tested may have a physician, or a
26    qualified technician, chemist, registered nurse, or other

 

 

SB3409- 14 -LRB103 36849 MXP 66961 b

1    qualified person of their own choosing administer a
2    chemical test or tests in addition to any administered at
3    the direction of a law enforcement officer. The failure or
4    inability to obtain an additional test by a person shall
5    not preclude the admission of evidence relating to the
6    test or tests taken at the direction of a law enforcement
7    officer.
8        4. Upon the request of the person who shall submit to a
9    chemical test or tests at the request of a law enforcement
10    officer, full information concerning the test or tests
11    shall be made available to the person or such person's
12    attorney.
13        5. Alcohol concentration shall mean either grams of
14    alcohol per 100 milliliters of blood or grams of alcohol
15    per 210 liters of breath.
16        6. "Free tetrahydrocannabinol Tetrahydrocannabinol
17    concentration" means the amount of unchanged, parent
18    delta-9-tetrahydrocannabinol detected in a blood or bodily
19    fluid sample either 5 nanograms or more of
20    delta-9-tetrahydrocannabinol per milliliter of whole blood
21    or 10 nanograms or more of delta-9-tetrahydrocannabinol
22    per milliliter of other bodily substance.
23    (a-5) Law enforcement officials may use validated roadside
24chemical tests or standardized field sobriety tests approved
25by the National Highway Traffic Safety Administration when
26conducting investigations of a violation of Section 11-501 or

 

 

SB3409- 15 -LRB103 36849 MXP 66961 b

1similar local ordinance by drivers suspected of driving under
2the influence of cannabis. The General Assembly finds that (i)
3validated roadside chemical tests are effective means to
4determine if a person is under the influence of cannabis and
5(ii) standardized field sobriety tests approved by the
6National Highway Traffic Safety Administration are divided
7attention tasks that are intended to determine if a person is
8under the influence of cannabis. The purpose of these tests is
9to determine the effect of the use of cannabis on a person's
10capacity to think and act with ordinary care and therefore
11operate a motor vehicle safely. Therefore, the results of
12these validated roadside chemical tests and standardized field
13sobriety tests, appropriately administered, shall be
14admissible in the trial of any civil or criminal action or
15proceeding arising out of an arrest for a cannabis-related
16offense as defined in Section 11-501 or a similar local
17ordinance or proceedings under Section 2-118.1 or 2-118.2.
18Where a test is made the following provisions shall apply:
19        1. The person tested may have a physician, or a
20    qualified technician, chemist, registered nurse, or other
21    qualified person of their own choosing administer a
22    chemical test or tests in addition to the standardized
23    field sobriety test or tests administered at the direction
24    of a law enforcement officer. The failure or inability to
25    obtain an additional test by a person does not preclude
26    the admission of evidence relating to the test or tests

 

 

SB3409- 16 -LRB103 36849 MXP 66961 b

1    taken at the direction of a law enforcement officer.
2        2. Upon the request of the person who shall submit to
3    validated roadside chemical tests or a standardized field
4    sobriety test or tests at the request of a law enforcement
5    officer, full information concerning the test or tests
6    shall be made available to the person or the person's
7    attorney.
8        3. At the trial of any civil or criminal action or
9    proceeding arising out of an arrest for an offense as
10    defined in Section 11-501 or a similar local ordinance or
11    proceedings under Section 2-118.1 or 2-118.2 in which the
12    results of these validated roadside chemical tests or
13    standardized field sobriety tests are admitted, the person
14    may present and the trier of fact may consider evidence
15    that the person lacked the physical capacity to perform
16    the validated roadside chemical tests or standardized
17    field sobriety tests.
18    (b) Upon the trial of any civil or criminal action or
19proceeding arising out of acts alleged to have been committed
20by any person while driving or in actual physical control of a
21vehicle while under the influence of alcohol, the
22concentration of alcohol in the person's blood or breath at
23the time alleged as shown by analysis of the person's blood,
24urine, breath, or other bodily substance shall give rise to
25the following presumptions:
26        1. If there was at that time an alcohol concentration

 

 

SB3409- 17 -LRB103 36849 MXP 66961 b

1    of 0.05 or less, it shall be presumed that the person was
2    not under the influence of alcohol.
3        2. If there was at that time an alcohol concentration
4    in excess of 0.05 but less than 0.08, such facts shall not
5    give rise to any presumption that the person was or was not
6    under the influence of alcohol, but such fact may be
7    considered with other competent evidence in determining
8    whether the person was under the influence of alcohol.
9        3. If there was at that time an alcohol concentration
10    of 0.08 or more, it shall be presumed that the person was
11    under the influence of alcohol.
12        4. The foregoing provisions of this Section shall not
13    be construed as limiting the introduction of any other
14    relevant evidence bearing upon the question whether the
15    person was under the influence of alcohol.
16    (b-5) Upon the trial of any civil or criminal action or
17proceeding arising out of acts alleged to have been committed
18by any person while driving or in actual physical control of a
19vehicle while under the influence of alcohol, other drug or
20drugs, intoxicating compound or compounds or any combination
21thereof, the concentration of cannabis in the person's whole
22blood or other bodily substance at the time alleged as shown by
23analysis of the person's blood or other bodily substance shall
24give rise to the following presumptions:
25        1. If there was a free tetrahydrocannabinol
26    concentration, as defined in this Section, of 5 nanograms

 

 

SB3409- 18 -LRB103 36849 MXP 66961 b

1    or more per milliliter in whole blood or 10 nanograms or
2    more per milliliter in any an other bodily substance as
3    defined in this Section, it shall be presumed that the
4    person was under the influence of cannabis.
5        2. If there was at that time a free
6    tetrahydrocannabinol concentration of less than 5
7    nanograms per milliliter in whole blood or less than 10
8    nanograms per milliliter in an other bodily substance,
9    such facts shall not give rise to any presumption that the
10    person was or was not under the influence of cannabis, but
11    such fact may be considered with other competent evidence
12    in determining whether the person was under the influence
13    of cannabis.
14    (c) 1. If a person under arrest refuses to submit to a
15chemical test under the provisions of Section 11-501.1,
16evidence of refusal shall be admissible in any civil or
17criminal action or proceeding arising out of acts alleged to
18have been committed while the person under the influence of
19alcohol, other drug or drugs, or intoxicating compound or
20compounds, or any combination thereof was driving or in actual
21physical control of a motor vehicle.
22    2. Notwithstanding any ability to refuse under this Code
23to submit to these tests or any ability to revoke the implied
24consent to these tests, if a law enforcement officer has
25probable cause to believe that a motor vehicle driven by or in
26actual physical control of a person under the influence of

 

 

SB3409- 19 -LRB103 36849 MXP 66961 b

1alcohol, other drug or drugs, or intoxicating compound or
2compounds, or any combination thereof has caused the death or
3personal injury to another, the law enforcement officer shall
4request, and that person shall submit, upon the request of a
5law enforcement officer, to a chemical test or tests of his or
6her blood, breath, other bodily substance, or urine for the
7purpose of determining the alcohol content thereof or the
8presence of any other drug or combination of both.
9    This provision does not affect the applicability of or
10imposition of driver's license sanctions under Section
1111-501.1 of this Code.
12    3. For purposes of this Section, a personal injury
13includes any Type A injury as indicated on the traffic crash
14report completed by a law enforcement officer that requires
15immediate professional attention in either a doctor's office
16or a medical facility. A Type A injury includes severe
17bleeding wounds, distorted extremities, and injuries that
18require the injured party to be carried from the scene.
19    (d) If a person refuses validated roadside chemical tests
20or standardized field sobriety tests under Section 11-501.9 of
21this Code, evidence of refusal shall be admissible in any
22civil or criminal action or proceeding arising out of acts
23committed while the person was driving or in actual physical
24control of a vehicle and alleged to have been impaired by the
25use of cannabis.
26    (e) Illinois State Police compliance with the changes in

 

 

SB3409- 20 -LRB103 36849 MXP 66961 b

1this amendatory Act of the 99th General Assembly concerning
2testing of other bodily substances and tetrahydrocannabinol
3concentration by Illinois State Police laboratories is subject
4to appropriation and until the Illinois State Police adopt
5standards and completion validation. Any laboratories that
6test for the presence of cannabis or other drugs under this
7Article, the Snowmobile Registration and Safety Act, or the
8Boat Registration and Safety Act must comply with ISO/IEC
917025:2005.
10(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21;
11102-982, eff. 7-1-23.)