94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0886

 

Introduced 2/2/2005, by Rep. John J. Millner

 

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

    Amends the Illinois Vehicle Code. Provides that, if a law enforcement officer has probable cause to believe that a vehicle driven by a person suspected of driving under the influence of alcohol, drugs, or intoxicating compounds has caused death or personal injury (rather than the death of or personal injury to another) or if the officer has probable cause to believe that the suspect has committed a previous DUI violation, the suspect shall submit to chemical testing at the officer's request. Provides that the provision does not restrict the ability of a law enforcement officer to obtain a search warrant upon a showing of probable cause and does not restrict the ability of a law enforcement officer to rely on any recognized exception to the warrant requirement.


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A BILL FOR

 

HB0886 LRB094 05939 DRH 35994 b

1     AN ACT concerning transportation.
 
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 changing
5 Section 11-501.2 as follows:
 
6     (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
7     Sec. 11-501.2. Chemical and other tests.
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
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:
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
24     direction of a licensed physician, certified paramedic, or
25     other individual possessing a valid permit issued by that
26     Department for this purpose. The Director of State Police
27     is authorized to approve satisfactory techniques or
28     methods, to ascertain the qualifications and competence of
29     individuals to conduct such analyses, to issue permits
30     which shall be subject to termination or revocation at the
31     discretion of that Department and to certify the accuracy
32     of breath testing equipment. The Department of State Police

 

 

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1     shall prescribe regulations as necessary to implement this
2     Section.
3         2. When a person in this State shall submit to a blood
4     test at the request of a law enforcement officer under the
5     provisions of Section 11-501.1, only a physician
6     authorized to practice medicine, a registered nurse,
7     trained phlebotomist, or certified paramedic, or other
8     qualified person approved by the Department of State Police
9     may withdraw blood for the purpose of determining the
10     alcohol, drug, or alcohol and drug content therein. This
11     limitation shall not apply to the taking of breath 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 registered nurse, a
18     trained phlebotomist acting under the direction of the
19     physician, or certified paramedic. The law enforcement
20     officer requesting the test shall take custody of the blood
21     sample, and the blood sample shall be analyzed by a
22     laboratory certified by the Department of State Police for
23     that purpose.
24         3. The person tested may have a physician, or a
25     qualified technician, chemist, registered nurse, or other
26     qualified person of their own choosing administer a
27     chemical test or tests in addition to any administered at
28     the direction of a law enforcement officer. The failure or
29     inability to obtain an additional test by a person shall
30     not preclude the admission of evidence relating to the test
31     or tests taken at the direction of a law enforcement
32     officer.
33         4. Upon the request of the person who shall submit to a
34     chemical test or tests at the request of a law enforcement
35     officer, full information concerning the test or tests
36     shall be made available to the person or such person's

 

 

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1     attorney.
2         5. Alcohol concentration shall mean either grams of
3     alcohol per 100 milliliters of blood or grams of alcohol
4     per 210 liters of breath.
5     (b) Upon the trial of any civil or criminal action or
6 proceeding arising out of acts alleged to have been committed
7 by any person while driving or in actual physical control of a
8 vehicle while under the influence of alcohol, the concentration
9 of alcohol in the person's blood or breath at the time alleged
10 as shown by analysis of the person's blood, urine, breath, or
11 other bodily substance shall give rise to the following
12 presumptions:
13         1. If there was at that time an alcohol concentration
14     of 0.05 or less, it shall be presumed that the person was
15     not under the influence of alcohol.
16         2. If there was at that time an alcohol concentration
17     in excess of 0.05 but less than 0.08, such facts shall not
18     give rise to any presumption that the person was or was not
19     under the influence of alcohol, but such fact may be
20     considered with other competent evidence in determining
21     whether the person was under the influence of alcohol.
22         3. If there was at that time an alcohol concentration
23     of 0.08 or more, it shall be presumed that the person was
24     under the influence of alcohol.
25         4. The foregoing provisions of this Section shall not
26     be construed as limiting the introduction of any other
27     relevant evidence bearing upon the question whether the
28     person was under the influence of alcohol.
29     (c) 1. If a person under arrest refuses to submit to a
30 chemical test under the provisions of Section 11-501.1,
31 evidence of refusal shall be admissible in any civil or
32 criminal action or proceeding arising out of acts alleged to
33 have been committed while the person under the influence of
34 alcohol, other drug or drugs, or intoxicating compound or
35 compounds, or any combination thereof was driving or in actual
36 physical control of a motor vehicle.

 

 

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1         2. Notwithstanding any ability to refuse under this
2     Code to submit to these tests or any ability to revoke the
3     implied consent to these tests, if a law enforcement
4     officer has probable cause to believe that a motor vehicle
5     driven by or in actual physical control of a person under
6     the influence of alcohol, other drug or drugs, or
7     intoxicating compound or compounds, or any combination
8     thereof has caused the death or personal injury or has
9     previously violated Section 11-501 or a similar provision
10     of a law of another state or a local ordinance to another,
11     that person shall submit, upon the request of a law
12     enforcement officer, to a chemical test or tests of his or
13     her blood, breath or urine for the purpose of determining
14     the alcohol content thereof or the presence of any other
15     drug or combination of both.
16         This provision does not affect the applicability of or
17     imposition of driver's license sanctions under Section
18     11-501.1 of this Code. This paragraph 2 does not restrict
19     the ability of a law enforcement officer to obtain a search
20     warrant from a neutral magistrate upon a showing of
21     constitutionally sufficient probable cause and does not
22     restrict the ability of a law enforcement officer to rely
23     on any recognized exception to the warrant requirement.
24         3. For purposes of this Section, a personal injury
25     includes any Type A injury as indicated on the traffic
26     accident report completed by a law enforcement officer that
27     requires immediate professional attention in either a
28     doctor's office or a medical facility. A Type A injury
29     includes severe bleeding wounds, distorted extremities,
30     and injuries that require the injured party to be carried
31     from the scene.
32 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828,
33 eff. 1-1-01.)