093_HB1783

 
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 1        AN ACT in regard to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 5    changing Section 11-501.1 as follows:

 6        (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
 7        Sec. 11-501.1.  Suspension of drivers license;  statutory
 8    summary   alcohol,  other  drug  or  drugs,  or  intoxicating
 9    compound or compounds related suspension; implied consent.
10        (a)  Any person who  drives  or  is  in  actual  physical
11    control  of  a motor vehicle upon the public highways of this
12    State is considered shall be deemed to  have  given  consent,
13    subject  to the provisions of Section 11-501.2, to a chemical
14    test or tests of blood, breath, or urine for the  purpose  of
15    determining  the  content of alcohol, other drug or drugs, or
16    intoxicating compound or compounds or any combination thereof
17    in the person's  blood  if  arrested,  as  evidenced  by  the
18    issuance  of  a  Uniform  Traffic  Ticket, for any offense as
19    defined in Section 11-501 or a similar provision of  a  local
20    ordinance.    The  test or tests shall be administered at the
21    direction of  the  arresting  officer.  The  law  enforcement
22    agency  employing  the  officer  shall designate which of the
23    aforesaid tests shall be administered.  A urine test  may  be
24    administered  even  after  a blood or breath test or both has
25    been administered.  For purposes of this Section, an Illinois
26    law enforcement officer of this State  who  is  investigating
27    the  person  for  any  offense  defined in Section 11-501 may
28    travel into an adjoining state, where  the  person  has  been
29    transported  for  medical  care, to complete an investigation
30    and to request that the person submit to the  test  or  tests
31    set  forth in this Section.  The requirements of this Section
 
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 1    that the person be arrested are inapplicable, but the officer
 2    shall issue the  person  a  Uniform  Traffic  Ticket  for  an
 3    offense  as  defined in Section 11-501 or a similar provision
 4    of a local ordinance prior  to  requesting  that  the  person
 5    submit  to  the  test  or tests.  The issuance of the Uniform
 6    Traffic Ticket shall not constitute an arrest, but  shall  be
 7    for  the  purpose  of  notifying the person that he or she is
 8    subject  to  the  provisions  of  this  Section  and  of  the
 9    officer's belief  of  the  existence  of  probable  cause  to
10    arrest.  Upon returning to this State, the officer shall file
11    the  Uniform  Traffic  Ticket  with  the Circuit Clerk of the
12    county where the offense was committed, and  shall  seek  the
13    issuance of an arrest warrant or a summons for the person.
14        (b)  Any  person  who  is  dead,  unconscious,  or who is
15    otherwise in a condition rendering the  person  incapable  of
16    refusal,  shall  be  deemed not to have withdrawn the consent
17    provided by paragraph (a) of this Section  and  the  test  or
18    tests  may  be  administered,  subject  to  the provisions of
19    Section 11-501.2.
20        (c)  A person requested to submit to a test  as  provided
21    above   shall  be  warned  by  the  law  enforcement  officer
22    requesting the test that a refusal to submit to the test will
23    result in the statutory summary suspension  of  the  person's
24    privilege  to  operate a motor vehicle as provided in Section
25    6-208.1 of this Code. The person shall also be warned by  the
26    law  enforcement  officer  that  if the person submits to the
27    test or tests provided in paragraph (a) of this  Section  and
28    the  alcohol concentration in the person's blood or breath is
29    0.08 or greater, or any  amount  of  a  drug,  substance,  or
30    compound  resulting  from  the unlawful use or consumption of
31    cannabis as covered by the Cannabis Control Act, a controlled
32    substance listed in the Illinois Controlled  Substances  Act,
33    or an intoxicating compound listed in the Use of Intoxicating
34    Compounds  Act  is detected in the person's blood or urine, a
 
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 1    statutory summary suspension of  the  person's  privilege  to
 2    operate  a motor vehicle, as provided in Sections 6-208.1 and
 3    11-501.1 of this Code, will be imposed.
 4        A person who is under the age  of  21  at  the  time  the
 5    person  is  requested  to  submit to a test as provided above
 6    shall, in addition to  the  warnings  provided  for  in  this
 7    Section,  be  further  warned  by the law enforcement officer
 8    requesting the test that if the person submits to the test or
 9    tests provided in paragraph  (a)  of  this  Section  and  the
10    alcohol  concentration  in  the  person's blood or  breath is
11    greater than 0.00 and less than 0.08,  a  suspension  of  the
12    person's  privilege  to  operate a motor vehicle, as provided
13    under Sections 6-208.2 and 11-501.8 of  this  Code,  will  be
14    imposed.   The  results of this test shall be admissible in a
15    civil or criminal action or proceeding arising from an arrest
16    for an offense as defined in Section 11-501 of this Code or a
17    similar provision of a local ordinance or pursuant to Section
18    11-501.4 in prosecutions for reckless homicide brought  under
19    the Criminal Code of 1961. These test results, however, shall
20    be admissible only in actions or proceedings directly related
21    to the incident upon which the test request was made.
22        (d)  If  the  person refuses testing or submits to a test
23    that discloses an alcohol concentration of 0.08 or  more,  or
24    any  amount of a drug, substance, or intoxicating compound in
25    the person's breath,  blood,  or  urine  resulting  from  the
26    unlawful  use  or  consumption  of  cannabis  listed  in  the
27    Cannabis  Control  Act,  a controlled substance listed in the
28    Illinois  Controlled  Substances  Act,  or  an   intoxicating
29    compound listed in the Use of Intoxicating Compounds Act, the
30    law  enforcement  officer  shall  immediately  submit a sworn
31    report to the circuit court of venue  and  the  Secretary  of
32    State,  certifying  that  the  test  or  tests  was  or  were
33    requested  under  paragraph  (a)  and  the  person refused to
34    submit to a test, or tests,  or  submitted  to  testing  that
 
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 1    disclosed an alcohol concentration of 0.08 or more.
 2        (e)  Upon   receipt   of   the  sworn  report  of  a  law
 3    enforcement  officer  submitted  under  paragraph  (d),   the
 4    Secretary   of   State  shall  enter  the  statutory  summary
 5    suspension for the periods specified in Section 6-208.1,  and
 6    effective as provided in paragraph (g).
 7        If  the  person is a first offender as defined in Section
 8    11-500 of this Code, and is not convicted of a  violation  of
 9    Section 11-501 of this Code or a similar provision of a local
10    ordinance,  then  reports  received by the Secretary of State
11    under this Section shall, except during the actual  time  the
12    Statutory  Summary  Suspension  is  in  effect, be privileged
13    information and for use only by the courts, police  officers,
14    prosecuting authorities or the Secretary of State.
15        (f)  The  law  enforcement  officer  submitting the sworn
16    report under paragraph (d) shall serve  immediate  notice  of
17    the  statutory  summary  suspension  on  the  person  and the
18    suspension shall be effective as provided in  paragraph  (g).
19    In  cases  where  the  blood alcohol concentration of 0.08 or
20    greater or any amount  of  a  drug,  substance,  or  compound
21    resulting from the unlawful use or consumption of cannabis as
22    covered  by  the Cannabis Control Act, a controlled substance
23    listed in the  Illinois  Controlled  Substances  Act,  or  an
24    intoxicating  compound  listed  in  the  Use  of Intoxicating
25    Compounds Act is established  by  a  subsequent  analysis  of
26    blood or urine collected at the time of arrest, the arresting
27    officer  or arresting agency shall give notice as provided in
28    this Section or by deposit in the United States mail  of  the
29    notice  in  an envelope with postage prepaid and addressed to
30    the person at his address as shown  on  the  Uniform  Traffic
31    Ticket  and  the  statutory summary suspension shall begin as
32    provided in paragraph (g).  The officer shall confiscate  any
33    Illinois driver's license or permit on the person at the time
34    of  arrest.  If  the  person  has a valid driver's license or
 
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 1    permit, the officer shall issue the person a  receipt,  in  a
 2    form  prescribed  by  the Secretary of State, that will allow
 3    that person to drive  during  the  periods  provided  for  in
 4    paragraph  (g).  The  officer  shall  immediately forward the
 5    driver's license or permit to  the  circuit  court  of  venue
 6    along with the sworn report provided for in paragraph (d).
 7        (g)  The statutory summary suspension referred to in this
 8    Section  shall take effect on the 46th day following the date
 9    the notice of the statutory summary suspension was  given  to
10    the person.
11        (h)  The  following  procedure  shall  apply  whenever  a
12    person  is  arrested  for  any  offense as defined in Section
13    11-501 or a similar provision of a local ordinance:
14        Upon receipt of the sworn report from the law enforcement
15    officer, the Secretary of State shall confirm  the  statutory
16    summary  suspension by mailing a notice of the effective date
17    of the suspension to the  person  and  the  court  of  venue.
18    However,   should  the  sworn  report  be  defective  by  not
19    containing sufficient information or be completed  in  error,
20    the  confirmation  of  the statutory summary suspension shall
21    not be mailed  to  the  person  or  entered  to  the  record;
22    instead,  the sworn report shall be forwarded to the court of
23    venue with a copy returned to the issuing agency  identifying
24    any defect.
25    (Source: P.A.   90-43,  eff.  7-2-97;  90-779,  eff.  1-1-99;
26    91-357, eff. 7-29-99.)