96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4774

 

Introduced 1/12/2010, by Rep. Lou Lang

 

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 the Illinois Department of Public Health may not promulgate rules prohibiting an Emergency Medical Technician - Paramedic (EMT-P) licensed by the Illinois Department of Public Health from drawing blood to be used as evidence for a violation of the Illinois Vehicle Code.


LRB096 16700 AJT 31987 b

 

 

A BILL FOR

 

HB4774 LRB096 16700 AJT 31987 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, licensed certified

 

 

HB4774 - 2 - LRB096 16700 AJT 31987 b

1     paramedic, or other individual possessing a valid permit
2     issued by that Department for this purpose. The Director of
3     State Police is authorized to approve satisfactory
4     techniques or methods, to ascertain the qualifications and
5     competence of individuals to conduct such analyses, to
6     issue permits which shall be subject to termination or
7     revocation at the discretion of that Department and to
8     certify the accuracy of breath testing equipment. The
9     Department of State Police shall prescribe regulations as
10     necessary to implement this Section.
11         2. When a person in this State shall submit to a blood
12     test at the request of a law enforcement officer under the
13     provisions of Section 11-501.1, only a physician
14     authorized to practice medicine, a registered nurse,
15     trained phlebotomist, or licensed certified paramedic, or
16     other qualified person approved by the Department of State
17     Police may withdraw blood for the purpose of determining
18     the alcohol, drug, or alcohol and drug content therein.
19     This limitation shall not apply to the taking of breath or
20     urine specimens.
21         When a blood test of a person who has been taken to an
22     adjoining state for medical treatment is requested by an
23     Illinois law enforcement officer, the blood may be
24     withdrawn only by a physician authorized to practice
25     medicine in the adjoining state, a registered nurse, a
26     trained phlebotomist acting under the direction of the

 

 

HB4774 - 3 - LRB096 16700 AJT 31987 b

1     physician, or licensed certified paramedic. The law
2     enforcement officer requesting the test shall take custody
3     of the blood sample, and the blood sample shall be analyzed
4     by a laboratory certified by the Department of State Police
5     for that purpose.
6         3. The person tested may have a physician, or a
7     qualified technician, chemist, registered nurse, or other
8     qualified person of their own choosing administer a
9     chemical test or tests in addition to any administered at
10     the direction of a law enforcement officer. The failure or
11     inability to obtain an additional test by a person shall
12     not preclude the admission of evidence relating to the test
13     or tests taken at the direction of a law enforcement
14     officer.
15         4. Upon the request of the person who shall submit to a
16     chemical test or tests at the request of a law enforcement
17     officer, full information concerning the test or tests
18     shall be made available to the person or such person's
19     attorney.
20         5. Alcohol concentration shall mean either grams of
21     alcohol per 100 milliliters of blood or grams of alcohol
22     per 210 liters of breath.
23     (b) Upon the trial of any civil or criminal action or
24 proceeding arising out of acts alleged to have been committed
25 by any person while driving or in actual physical control of a
26 vehicle while under the influence of alcohol, the concentration

 

 

HB4774 - 4 - LRB096 16700 AJT 31987 b

1 of alcohol in the person's blood or breath at the time alleged
2 as shown by analysis of the person's blood, urine, breath, or
3 other bodily substance shall give rise to the following
4 presumptions:
5         1. If there was at that time an alcohol concentration
6     of 0.05 or less, it shall be presumed that the person was
7     not under the influence of alcohol.
8         2. If there was at that time an alcohol concentration
9     in excess of 0.05 but less than 0.08, such facts shall not
10     give rise to any presumption that the person was or was not
11     under the influence of alcohol, but such fact may be
12     considered with other competent evidence in determining
13     whether the person was under the influence of alcohol.
14         3. If there was at that time an alcohol concentration
15     of 0.08 or more, it shall be presumed that the person was
16     under the influence of alcohol.
17         4. The foregoing provisions of this Section shall not
18     be construed as limiting the introduction of any other
19     relevant evidence bearing upon the question whether the
20     person was under the influence of alcohol.
21     (c) 1. If a person under arrest refuses to submit to a
22 chemical test under the provisions of Section 11-501.1,
23 evidence of refusal shall be admissible in any civil or
24 criminal action or proceeding arising out of acts alleged to
25 have been committed while the person under the influence of
26 alcohol, other drug or drugs, or intoxicating compound or

 

 

HB4774 - 5 - LRB096 16700 AJT 31987 b

1 compounds, or any combination thereof was driving or in actual
2 physical control of a motor vehicle.
3     2. Notwithstanding any ability to refuse under this Code to
4 submit to these tests or any ability to revoke the implied
5 consent to these tests, if a law enforcement officer has
6 probable cause to believe that a motor vehicle driven by or in
7 actual physical control of a person under the influence of
8 alcohol, other drug or drugs, or intoxicating compound or
9 compounds, or any combination thereof has caused the death or
10 personal injury to another, that person shall submit, upon the
11 request of a law enforcement officer, to a chemical test or
12 tests of his or her blood, breath or urine for the purpose of
13 determining the alcohol content thereof or the presence of any
14 other drug or combination of both.
15     This provision does not affect the applicability of or
16 imposition of driver's license sanctions under Section
17 11-501.1 of this Code.
18     3. For purposes of this Section, a personal injury includes
19 any Type A injury as indicated on the traffic accident report
20 completed by a law enforcement officer that requires immediate
21 professional attention in either a doctor's office or a medical
22 facility. A Type A injury includes severe bleeding wounds,
23 distorted extremities, and injuries that require the injured
24 party to be carried from the scene.
25     (d) The Illinois Department of Public Health may not
26 promulgate rules prohibiting an Emergency Medical Technician -

 

 

HB4774 - 6 - LRB096 16700 AJT 31987 b

1 Paramedic (EMT-P) licensed by the Illinois Department of Public
2 Health from drawing blood to be used as evidence for a
3 violation of this Code or similar local ordinance.
4 (Source: P.A. 96-289, eff. 8-11-09.)