Full Text of HB4650 95th General Assembly
HB4650 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4650
Introduced , by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-208.1 |
from Ch. 95 1/2, par. 6-208.1 |
625 ILCS 5/11-501.1 |
from Ch. 95 1/2, par. 11-501.1 |
625 ILCS 5/11-501.2 |
from Ch. 95 1/2, par. 11-501.2 |
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Amends the Illinois Vehicle Code. Provides that a person who leaves the scene of an accident in which evidence of the person's intoxication or drugged state at the time of leaving the scene is apparent shall be deemed to have refused to submit to the chemical test or tests of blood, breath, or urine for the purpose of determining the content of
alcohol, other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood and shall result in the statutory summary suspension of the person's privilege to operate a motor vehicle and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, if the person is a CDL holder. Effective immediately.
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A BILL FOR
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HB4650 |
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LRB095 18685 RLC 44784 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-208.1, 11-501.1, and 11-501.2 as follows:
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| (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
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| (Text of Section before amendment by P.A. 95-400 ) | 8 |
| Sec. 6-208.1. Period of statutory summary alcohol, other | 9 |
| drug,
or intoxicating compound related suspension.
| 10 |
| (a) Unless the statutory summary suspension has been | 11 |
| rescinded, any
person whose privilege to drive a motor vehicle | 12 |
| on the public highways has
been summarily suspended, pursuant | 13 |
| to Section 11-501.1, shall not be
eligible for restoration of | 14 |
| the privilege until the expiration of:
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| 1. Six months from the effective date of the statutory | 16 |
| summary suspension
for a refusal or failure to complete a | 17 |
| test or tests to determine the
alcohol, drug, or | 18 |
| intoxicating compound concentration, pursuant
to
Section | 19 |
| 11-501.1 or for leaving the scene of an accident in | 20 |
| violation of Article IV of Chapter 11 in which evidence of | 21 |
| the person's intoxication or drugged state at the time of | 22 |
| leaving the scene is apparent ; or
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| 2. Three months from the effective date of the |
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HB4650 |
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LRB095 18685 RLC 44784 b |
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| statutory summary
suspension imposed following the | 2 |
| person's submission to a chemical test
which disclosed an | 3 |
| alcohol concentration of 0.08 or more, or any
amount
of a
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| drug, substance, or intoxicating compound in such person's
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| breath, blood, or
urine resulting
from the unlawful use or | 6 |
| consumption of cannabis listed in the Cannabis
Control Act, | 7 |
| a controlled substance listed in the Illinois
Controlled
| 8 |
| Substances Act, an intoxicating compound listed in the Use | 9 |
| of Intoxicating
Compounds Act, or methamphetamine as | 10 |
| listed in the Methamphetamine Control and Community | 11 |
| Protection Act, pursuant to Section 11-501.1; or
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| 3. Three years from the effective date of the statutory | 13 |
| summary suspension
for any person other than a first | 14 |
| offender who refuses or fails to
complete a test or tests | 15 |
| to determine the alcohol, drug, or
intoxicating
compound | 16 |
| concentration
pursuant to Section 11-501.1 or who leaves | 17 |
| the scene of an accident in violation of Article IV of | 18 |
| Chapter 11 in which evidence of the person's intoxication | 19 |
| or drugged state at the time of leaving the scene is | 20 |
| apparent ; or
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| 4. One year from the effective date of the summary | 22 |
| suspension imposed
for any person other than a first | 23 |
| offender following submission to a
chemical test which | 24 |
| disclosed an alcohol concentration of 0.08 or
more
pursuant | 25 |
| to Section 11-501.1 or any amount of a drug, substance or
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| compound in such person's blood or urine resulting from the |
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HB4650 |
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LRB095 18685 RLC 44784 b |
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| unlawful use or
consumption of cannabis listed in the | 2 |
| Cannabis Control Act, a
controlled
substance listed in the | 3 |
| Illinois Controlled Substances Act, an
intoxicating
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| compound listed in the Use of Intoxicating Compounds Act, | 5 |
| or methamphetamine as listed in the Methamphetamine | 6 |
| Control and Community Protection Act.
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| (b) Following a statutory summary suspension of the | 8 |
| privilege to drive a
motor vehicle under Section 11-501.1, | 9 |
| driving privileges shall be
restored unless the person is | 10 |
| otherwise suspended, revoked, or cancelled by this Code. If
the | 11 |
| court has reason to believe that the person's
driving privilege | 12 |
| should not be restored, the court shall notify
the Secretary of | 13 |
| State prior to the expiration of the statutory summary
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| suspension so appropriate action may be taken pursuant to this | 15 |
| Code.
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| (c) Driving privileges may not be restored until all | 17 |
| applicable
reinstatement fees, as provided by this Code, have | 18 |
| been paid to the Secretary
of State and the appropriate entry | 19 |
| made to the driver's record.
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| (d) Where a driving privilege has been summarily suspended | 21 |
| under Section
11-501.1 and the person is subsequently convicted | 22 |
| of violating Section
11-501, or a similar provision of a local | 23 |
| ordinance, for the same incident,
any period served on | 24 |
| statutory summary suspension shall be credited toward
the | 25 |
| minimum period of revocation of driving privileges imposed | 26 |
| pursuant to
Section 6-205.
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HB4650 |
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LRB095 18685 RLC 44784 b |
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| (e) Following a statutory summary suspension of driving | 2 |
| privileges
pursuant to Section 11-501.1, for a first offender, | 3 |
| the circuit court may,
after at least 30 days from the | 4 |
| effective date of the statutory summary
suspension, issue a | 5 |
| judicial driving permit as provided in Section 6-206.1.
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| (f) Subsequent to an arrest of a first offender, for any | 7 |
| offense as
defined in Section 11-501 or a similar provision of | 8 |
| a local ordinance,
following a statutory summary suspension of | 9 |
| driving privileges pursuant to
Section 11-501.1, for a first | 10 |
| offender, the circuit court may issue a court
order directing | 11 |
| the Secretary of State to issue a judicial driving permit
as | 12 |
| provided in Section 6-206.1. However, this JDP shall not be | 13 |
| effective
prior to the 31st day of the statutory summary | 14 |
| suspension.
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| (g) Following a statutory summary suspension of driving | 16 |
| privileges
pursuant to Section 11-501.1 where the person was | 17 |
| not a first offender, as
defined in Section 11-500, the | 18 |
| Secretary of State may not issue a
restricted driving permit.
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| (h) (Blank).
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| (Source: P.A. 95-355, eff. 1-1-08.)
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| (Text of Section after amendment by P.A. 95-400 ) | 22 |
| Sec. 6-208.1. Period of statutory summary alcohol, other | 23 |
| drug,
or intoxicating compound related suspension.
| 24 |
| (a) Unless the statutory summary suspension has been | 25 |
| rescinded, any
person whose privilege to drive a motor vehicle |
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LRB095 18685 RLC 44784 b |
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| on the public highways has
been summarily suspended, pursuant | 2 |
| to Section 11-501.1, shall not be
eligible for restoration of | 3 |
| the privilege until the expiration of:
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| 1. Twelve months from the effective date of the | 5 |
| statutory summary suspension
for a refusal or failure to | 6 |
| complete a test or tests to determine the
alcohol, drug, or | 7 |
| intoxicating compound concentration, pursuant
to
Section | 8 |
| 11-501.1 or for leaving the scene of an accident in | 9 |
| violation of Article IV of Chapter 11 in which evidence of | 10 |
| the person's intoxication or drugged state at the time of | 11 |
| leaving the scene is apparent ; or
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| 2. Six months from the effective date of the statutory | 13 |
| summary
suspension imposed following the person's | 14 |
| submission to a chemical test
which disclosed an alcohol | 15 |
| concentration of 0.08 or more, or any
amount
of a
drug, | 16 |
| substance, or intoxicating compound in such person's
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| breath, blood, or
urine resulting
from the unlawful use or | 18 |
| consumption of cannabis listed in the Cannabis
Control Act, | 19 |
| a controlled substance listed in the Illinois
Controlled
| 20 |
| Substances Act, an intoxicating compound listed in the Use | 21 |
| of Intoxicating
Compounds Act, or methamphetamine as | 22 |
| listed in the Methamphetamine Control and Community | 23 |
| Protection Act, pursuant to Section 11-501.1; or
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| 3. Three years from the effective date of the statutory | 25 |
| summary suspension
for any person other than a first | 26 |
| offender who refuses or fails to
complete a test or tests |
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LRB095 18685 RLC 44784 b |
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| to determine the alcohol, drug, or
intoxicating
compound | 2 |
| concentration
pursuant to Section 11-501.1 or who leaves | 3 |
| the scene of an accident in violation of Article IV of | 4 |
| Chapter 11 in which evidence of the person's intoxication | 5 |
| or drugged state at the time of leaving the scene is | 6 |
| apparent ; or
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| 4. One year from the effective date of the summary | 8 |
| suspension imposed
for any person other than a first | 9 |
| offender following submission to a
chemical test which | 10 |
| disclosed an alcohol concentration of 0.08 or
more
pursuant | 11 |
| to Section 11-501.1 or any amount of a drug, substance or
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| compound in such person's blood or urine resulting from the | 13 |
| unlawful use or
consumption of cannabis listed in the | 14 |
| Cannabis Control Act, a
controlled
substance listed in the | 15 |
| Illinois Controlled Substances Act, an
intoxicating
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| compound listed in the Use of Intoxicating Compounds Act, | 17 |
| or methamphetamine as listed in the Methamphetamine | 18 |
| Control and Community Protection Act.
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| (b) Following a statutory summary suspension of the | 20 |
| privilege to drive a
motor vehicle under Section 11-501.1, | 21 |
| driving privileges shall be
restored unless the person is | 22 |
| otherwise suspended, revoked, or cancelled by this Code. If
the | 23 |
| court has reason to believe that the person's
driving privilege | 24 |
| should not be restored, the court shall notify
the Secretary of | 25 |
| State prior to the expiration of the statutory summary
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| suspension so appropriate action may be taken pursuant to this |
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LRB095 18685 RLC 44784 b |
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| Code.
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| (c) Driving privileges may not be restored until all | 3 |
| applicable
reinstatement fees, as provided by this Code, have | 4 |
| been paid to the Secretary
of State and the appropriate entry | 5 |
| made to the driver's record.
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| (d) Where a driving privilege has been summarily suspended | 7 |
| under Section
11-501.1 and the person is subsequently convicted | 8 |
| of violating Section
11-501, or a similar provision of a local | 9 |
| ordinance, for the same incident,
any period served on | 10 |
| statutory summary suspension shall be credited toward
the | 11 |
| minimum period of revocation of driving privileges imposed | 12 |
| pursuant to
Section 6-205.
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| (e) Following a statutory summary suspension of driving | 14 |
| privileges
pursuant to Section 11-501.1, for a first offender, | 15 |
| the circuit court shall, unless the offender has opted in | 16 |
| writing not to have a monitoring device driving permit issued, | 17 |
| order the Secretary of State to issue a monitoring device | 18 |
| driving permit as provided in Section 6-206.1. A monitoring | 19 |
| device driving permit shall not be effective prior to the 31st | 20 |
| day of the statutory summary suspension.
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| (f) (Blank).
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| (g) Following a statutory summary suspension of driving | 23 |
| privileges
pursuant to Section 11-501.1 where the person was | 24 |
| not a first offender, as
defined in Section 11-500, the | 25 |
| Secretary of State may not issue a
restricted driving permit.
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| (h) (Blank).
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HB4650 |
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LRB095 18685 RLC 44784 b |
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| (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; revised | 2 |
| 12-21-07.)
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| (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
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| Sec. 11-501.1. Suspension of drivers license; statutory | 5 |
| summary
alcohol, other drug or drugs, or intoxicating compound | 6 |
| or
compounds related suspension; implied consent.
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| (a) Any person who drives or is in actual physical control | 8 |
| of a motor
vehicle upon the public highways of this State shall | 9 |
| be deemed to have given
consent, subject to the provisions of | 10 |
| Section 11-501.2, to a chemical test or
tests of blood, breath, | 11 |
| or urine for the purpose of determining the content of
alcohol, | 12 |
| other drug or drugs, or intoxicating compound or compounds or
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| any combination thereof in the person's blood if arrested,
as | 14 |
| evidenced by the issuance of a Uniform Traffic Ticket, for any | 15 |
| offense
as defined in Section 11-501 or a similar provision of | 16 |
| a local ordinance, or if arrested for violating Section 11-401.
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| The test or tests shall be administered at the direction of the | 18 |
| arresting
officer. The law enforcement agency employing the | 19 |
| officer shall designate which
of the aforesaid tests shall be | 20 |
| administered. A urine test may be administered
even after a | 21 |
| blood or breath test or both has
been administered. For | 22 |
| purposes of this Section, an Illinois law
enforcement officer | 23 |
| of this State who is investigating the person for any
offense | 24 |
| defined in Section 11-501 may travel into an adjoining state, | 25 |
| where
the person has been transported for medical care, to |
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HB4650 |
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LRB095 18685 RLC 44784 b |
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| complete an
investigation and to request that the person submit | 2 |
| to the test or tests
set forth in this Section. The | 3 |
| requirements of this Section that the
person be arrested are | 4 |
| inapplicable, but the officer shall issue the person
a Uniform | 5 |
| Traffic Ticket for an offense as defined in Section 11-501 or a
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| similar provision of a local ordinance prior to requesting that | 7 |
| the person
submit to the test or tests. The issuance of the | 8 |
| Uniform Traffic Ticket
shall not constitute an arrest, but | 9 |
| shall be for the purpose of notifying
the person that he or she | 10 |
| is subject to the provisions of this Section and
of the | 11 |
| officer's belief of the existence of probable cause to
arrest. | 12 |
| Upon returning to this State, the officer shall file the | 13 |
| Uniform
Traffic Ticket with the Circuit Clerk of the county | 14 |
| where the offense was
committed, and shall seek the issuance of | 15 |
| an arrest warrant or a summons
for the person.
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| (b) Any person who is dead, unconscious, or who is | 17 |
| otherwise in a condition
rendering the person incapable of | 18 |
| refusal, shall be deemed not to have
withdrawn the consent | 19 |
| provided by paragraph (a) of this Section and the test or
tests | 20 |
| may be administered, subject to the provisions of Section | 21 |
| 11-501.2.
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| (b-5) A person who leaves the scene of an accident in | 23 |
| violation of Article IV of Chapter 11 in which evidence of the | 24 |
| person's intoxication or drugged state at the time of leaving | 25 |
| the scene is apparent shall be deemed to have refused to submit | 26 |
| to the test or tests provided for in subsection (a) and shall |
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LRB095 18685 RLC 44784 b |
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| result in the statutory summary suspension of the person's | 2 |
| privilege to operate a motor vehicle, as provided
in Section | 3 |
| 6-208.1 of this Code, and will also result in the | 4 |
| disqualification of the person's privilege to operate a | 5 |
| commercial motor vehicle, as provided in Section 6-514 of this | 6 |
| Code, if the person is a CDL holder. | 7 |
| (c) A person requested to submit to a test as provided | 8 |
| above shall
be warned by the law enforcement officer requesting | 9 |
| the test that a
refusal to submit to the test will result in | 10 |
| the statutory summary
suspension of the person's privilege to | 11 |
| operate a motor vehicle, as provided
in Section 6-208.1 of this | 12 |
| Code, and will also result in the disqualification of the | 13 |
| person's privilege to operate a commercial motor vehicle, as | 14 |
| provided in Section 6-514 of this Code, if the person is a CDL | 15 |
| holder. The person shall also be warned by the law
enforcement | 16 |
| officer that if the person submits to the test or tests
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| provided in paragraph (a) of this Section and the alcohol | 18 |
| concentration in
the person's blood or breath is 0.08 or | 19 |
| greater, or any amount of
a
drug, substance, or compound | 20 |
| resulting from the unlawful use or consumption
of cannabis as | 21 |
| covered by the Cannabis Control Act, a controlled
substance
| 22 |
| listed in the Illinois Controlled Substances Act, an | 23 |
| intoxicating compound
listed in the Use of Intoxicating | 24 |
| Compounds Act, or methamphetamine as listed in the | 25 |
| Methamphetamine Control and Community Protection Act is | 26 |
| detected in the person's
blood or urine, a statutory summary |
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HB4650 |
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LRB095 18685 RLC 44784 b |
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| suspension of the person's privilege to
operate a motor | 2 |
| vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
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| Code, and a disqualification of
the person's privilege to | 4 |
| operate a commercial motor vehicle, as provided in Section | 5 |
| 6-514 of this Code, if the person is a CDL holder, will be | 6 |
| imposed.
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| A person who is under the age of 21 at the time the person | 8 |
| is requested to
submit to a test as provided above shall, in | 9 |
| addition to the warnings provided
for in this Section, be | 10 |
| further warned by the law enforcement officer
requesting the | 11 |
| test that if the person submits to the test or tests provided | 12 |
| in
paragraph (a) of this Section and the alcohol concentration | 13 |
| in the person's
blood or breath is greater than 0.00 and less | 14 |
| than 0.08, a
suspension of the
person's privilege to operate a | 15 |
| motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | 16 |
| of this Code, will be imposed. The results of this test
shall | 17 |
| be admissible in a civil or criminal action or proceeding | 18 |
| arising from an
arrest for an offense as defined in Section | 19 |
| 11-501 of this Code or a similar
provision of a local ordinance | 20 |
| or pursuant to Section 11-501.4 in prosecutions
for reckless | 21 |
| homicide brought under the Criminal Code of 1961. These test
| 22 |
| results, however, shall be admissible only in actions or | 23 |
| proceedings directly
related to the incident upon which the | 24 |
| test request was made.
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| (d) If the person refuses testing or submits to a test that | 26 |
| discloses
an alcohol concentration of 0.08 or more, or any |
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HB4650 |
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LRB095 18685 RLC 44784 b |
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| amount of a drug,
substance, or intoxicating compound in the | 2 |
| person's breath, blood,
or urine resulting from the
unlawful | 3 |
| use or consumption of cannabis listed in the Cannabis Control | 4 |
| Act, a controlled substance listed in the Illinois Controlled | 5 |
| Substances
Act, an intoxicating compound listed in the Use of | 6 |
| Intoxicating Compounds
Act, or methamphetamine as listed in the | 7 |
| Methamphetamine Control and Community Protection Act, the law | 8 |
| enforcement officer shall immediately submit a sworn report to
| 9 |
| the
circuit court of venue and the Secretary of State, | 10 |
| certifying that the test or
tests was or were requested under | 11 |
| paragraph (a) and the person refused to
submit to a test, or | 12 |
| tests, or submitted to testing that disclosed an alcohol
| 13 |
| concentration of 0.08 or more.
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| (e) Upon receipt of the sworn report of a law enforcement | 15 |
| officer
submitted under paragraph (d), the Secretary of State | 16 |
| shall enter the
statutory summary suspension and | 17 |
| disqualification for the periods specified in Sections
6-208.1 | 18 |
| and 6-514, respectively,
and effective as provided in paragraph | 19 |
| (g).
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| If the person is a first offender as defined in Section | 21 |
| 11-500 of this
Code, and is not convicted of a violation of | 22 |
| Section 11-501
of this Code or a similar provision of a local | 23 |
| ordinance, then reports
received by the Secretary of State | 24 |
| under this Section shall, except during
the actual time the | 25 |
| Statutory Summary Suspension is in effect, be
privileged | 26 |
| information and for use only by the courts, police officers,
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HB4650 |
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LRB095 18685 RLC 44784 b |
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| prosecuting authorities or the Secretary of State. However, | 2 |
| beginning January 1, 2008, if the person is a CDL holder, the | 3 |
| statutory summary suspension shall also be made available to | 4 |
| the driver licensing administrator of any other state, the U.S. | 5 |
| Department of Transportation, and the affected driver or motor | 6 |
| carrier or prospective motor carrier upon request.
Reports | 7 |
| received by the Secretary of State under this Section shall | 8 |
| also be made available to the parent or guardian of a person | 9 |
| under the age of 18 years that holds an instruction permit or a | 10 |
| graduated driver's license, regardless of whether the | 11 |
| statutory summary suspension is in effect.
| 12 |
| (f) The law enforcement officer submitting the sworn report | 13 |
| under paragraph
(d) shall serve immediate notice of the | 14 |
| statutory summary suspension on the
person and the suspension | 15 |
| and disqualification shall be effective as provided in | 16 |
| paragraph (g). In
cases where the blood alcohol concentration | 17 |
| of 0.08 or greater or
any amount of
a drug, substance, or | 18 |
| compound resulting from the unlawful use or consumption
of | 19 |
| cannabis as covered by the Cannabis Control Act, a controlled
| 20 |
| substance
listed in the Illinois Controlled Substances Act,
an | 21 |
| intoxicating compound
listed in the Use of Intoxicating | 22 |
| Compounds Act, or methamphetamine as listed in the | 23 |
| Methamphetamine Control and Community Protection Act is | 24 |
| established by a
subsequent
analysis of blood or urine | 25 |
| collected at the time of arrest, the arresting
officer or | 26 |
| arresting agency shall give notice as provided in this Section |
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LRB095 18685 RLC 44784 b |
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| or by
deposit in the United States mail of the notice in an | 2 |
| envelope with postage
prepaid and addressed to the person at | 3 |
| his address as shown on the Uniform
Traffic Ticket and the | 4 |
| statutory summary suspension and disqualification shall begin | 5 |
| as provided in
paragraph (g). The officer shall confiscate any | 6 |
| Illinois driver's license or
permit on the person at the time | 7 |
| of arrest. If the person has a valid driver's
license or | 8 |
| permit, the officer shall issue the person a receipt, in
a form | 9 |
| prescribed by the Secretary of State, that will allow that | 10 |
| person
to drive during the periods provided for in paragraph | 11 |
| (g). The officer
shall immediately forward the driver's license | 12 |
| or permit to the circuit
court of venue along with the sworn | 13 |
| report provided for in
paragraph (d).
| 14 |
| (g) The statutory summary suspension and disqualification
| 15 |
| referred to in this Section shall
take effect on the 46th day | 16 |
| following the date the notice of the statutory
summary | 17 |
| suspension was given to the person.
| 18 |
| (h) The following procedure shall apply
whenever a person | 19 |
| is arrested for any offense as defined in Section 11-501
or a | 20 |
| similar provision of a local ordinance:
| 21 |
| Upon receipt of the sworn report from the law enforcement | 22 |
| officer,
the Secretary of State shall confirm the statutory | 23 |
| summary suspension by
mailing a notice of the effective date of | 24 |
| the suspension to the person and
the court of venue. The | 25 |
| Secretary of State shall also mail notice of the effective date | 26 |
| of the disqualification to the person. However, should the |
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LRB095 18685 RLC 44784 b |
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| sworn report be defective by not
containing sufficient | 2 |
| information or be completed in error, the
confirmation of the | 3 |
| statutory summary suspension shall not be mailed to the
person | 4 |
| or entered to the record; instead, the sworn report shall
be
| 5 |
| forwarded to the court of venue with a copy returned to the | 6 |
| issuing agency
identifying any defect.
| 7 |
| (Source: P.A. 94-115, eff. 1-1-06; 95-201, eff. 1-1-08; 95-382, | 8 |
| eff. 8-23-07; revised 11-19-07.)
| 9 |
| (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| 10 |
| Sec. 11-501.2. Chemical and other tests.
| 11 |
| (a) Upon the trial of any civil or criminal action or | 12 |
| proceeding arising out
of an arrest for an offense as defined | 13 |
| in Section 11-501 or a similar local
ordinance or proceedings | 14 |
| pursuant to Section 2-118.1, evidence of the
concentration of | 15 |
| alcohol, other drug or drugs, or intoxicating compound or
| 16 |
| compounds, or any combination thereof in a person's blood
or | 17 |
| breath at the time alleged, as determined by analysis of the | 18 |
| person's blood,
urine, breath or other bodily substance, shall | 19 |
| be admissible. Where such test
is made the following provisions | 20 |
| shall apply:
| 21 |
| 1. Chemical analyses of the person's blood, urine, | 22 |
| breath or other bodily
substance to be considered valid | 23 |
| under the provisions of this Section shall
have been | 24 |
| performed according to standards promulgated by the | 25 |
| Department of State Police
by
a licensed physician, |
|
|
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LRB095 18685 RLC 44784 b |
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| 1 |
| registered nurse, trained phlebotomist acting under the
| 2 |
| direction of a licensed physician, certified paramedic, or | 3 |
| other individual
possessing a valid permit issued by that | 4 |
| Department for
this purpose. The Director of State Police | 5 |
| is authorized to approve satisfactory
techniques or | 6 |
| methods, to ascertain the qualifications and competence of
| 7 |
| individuals to conduct such analyses, to issue permits | 8 |
| which shall be subject
to termination or revocation at the | 9 |
| discretion of that Department and to
certify the accuracy | 10 |
| of breath testing equipment. The Department
of
State Police | 11 |
| shall prescribe regulations as necessary to
implement this
| 12 |
| Section.
| 13 |
| 2. When a person in this State shall submit to a blood | 14 |
| test at the request
of a law enforcement officer under the | 15 |
| provisions of Section 11-501.1, only a
physician | 16 |
| authorized to practice medicine, a registered nurse, | 17 |
| trained
phlebotomist, or certified paramedic, or other
| 18 |
| qualified person approved by the Department of State Police | 19 |
| may withdraw blood
for the purpose of determining the | 20 |
| alcohol, drug, or alcohol and drug content
therein. This | 21 |
| limitation shall not apply to the taking of breath or urine
| 22 |
| specimens.
| 23 |
| When a blood test of a person who has been taken to an | 24 |
| adjoining state
for medical treatment is requested by an | 25 |
| Illinois law enforcement officer,
the blood may be | 26 |
| withdrawn only by a physician authorized to practice
|
|
|
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LRB095 18685 RLC 44784 b |
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| 1 |
| medicine in the adjoining state, a registered nurse, a | 2 |
| trained
phlebotomist acting under the direction of the | 3 |
| physician, or certified
paramedic. The law
enforcement | 4 |
| officer requesting the test shall take custody of the blood
| 5 |
| sample, and the blood sample shall be analyzed by a | 6 |
| laboratory certified by the
Department of State Police for | 7 |
| that purpose.
| 8 |
| 3. The person tested may have a physician, or a | 9 |
| qualified technician,
chemist, registered nurse, or other | 10 |
| qualified person of their own choosing
administer a | 11 |
| chemical test or tests in addition to any administered at | 12 |
| the
direction of a law enforcement officer. The failure or | 13 |
| inability to obtain
an additional test by a person shall | 14 |
| not preclude the admission of evidence
relating to the test | 15 |
| or tests taken at the direction of a law enforcement
| 16 |
| officer.
| 17 |
| 4. Upon the request of the person who shall submit to a | 18 |
| chemical test
or tests at the request of a law enforcement | 19 |
| officer, full information
concerning the test or tests | 20 |
| shall be made available to the person or such
person's | 21 |
| attorney.
| 22 |
| 5. Alcohol concentration shall mean either grams of | 23 |
| alcohol per 100
milliliters of blood or grams of alcohol | 24 |
| per 210 liters of breath.
| 25 |
| (b) Upon the trial of any civil or criminal action or | 26 |
| proceeding arising
out of acts alleged to have been committed |
|
|
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LRB095 18685 RLC 44784 b |
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| 1 |
| by any person while driving or
in actual physical control of a | 2 |
| vehicle while under the influence of alcohol,
the concentration | 3 |
| of alcohol in the person's blood or breath at the time
alleged | 4 |
| as shown by analysis of the person's blood, urine, breath, or | 5 |
| other
bodily substance shall give rise to the following | 6 |
| presumptions:
| 7 |
| 1. If there was at that time an alcohol concentration | 8 |
| of 0.05 or less,
it shall be presumed that the person was | 9 |
| not under the influence of alcohol.
| 10 |
| 2. If there was at that time an alcohol concentration | 11 |
| in excess of 0.05
but less than 0.08, such facts shall not | 12 |
| give rise to any
presumption that
the person was or was not | 13 |
| under the influence of alcohol, but such fact
may be | 14 |
| considered with other competent evidence in determining | 15 |
| whether the
person was under the influence of alcohol.
| 16 |
| 3. If there was at that time an alcohol concentration | 17 |
| of 0.08
or more,
it shall be presumed that the person was | 18 |
| under the influence of alcohol.
| 19 |
| 4. The foregoing provisions of this Section shall not | 20 |
| be construed as
limiting the introduction of any other | 21 |
| relevant evidence bearing upon the
question whether the | 22 |
| person was under the influence of alcohol.
| 23 |
| (c) 1. If a person under arrest refuses to submit to a | 24 |
| chemical test
under
the provisions of Section 11-501.1, | 25 |
| evidence of refusal shall be admissible
in any civil or |
|
|
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LRB095 18685 RLC 44784 b |
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| 1 |
| criminal action or proceeding arising out of acts alleged
to | 2 |
| have been committed while the person under the influence of | 3 |
| alcohol,
other drug or drugs, or intoxicating compound or | 4 |
| compounds, or
any combination thereof was driving or in actual | 5 |
| physical
control of a motor vehicle.
| 6 |
| 1.1. If a person leaves the scene of an accident in | 7 |
| violation of Article IV of Chapter 11 in which evidence of | 8 |
| the person's intoxication or drugged state at the time of | 9 |
| leaving the scene is apparent, evidence of leaving the | 10 |
| scene shall be admissible
in any civil or criminal action | 11 |
| or proceeding arising out of acts alleged
to have been | 12 |
| committed while the person under the influence of alcohol,
| 13 |
| other drug or drugs, or intoxicating compound or compounds, | 14 |
| or
any combination thereof was driving or in actual | 15 |
| physical
control of a motor vehicle.
| 16 |
| 2. Notwithstanding any ability to refuse under this | 17 |
| Code to submit to
these tests or any ability to revoke the | 18 |
| implied consent to these tests, if a
law enforcement | 19 |
| officer has probable cause to believe that a motor vehicle
| 20 |
| driven by or in actual physical control of a person under | 21 |
| the influence of
alcohol, other drug or drugs, or | 22 |
| intoxicating compound or
compounds,
or any combination | 23 |
| thereof
has caused the death or
personal injury to another, | 24 |
| that person shall submit, upon the request of a law
| 25 |
| enforcement officer, to a chemical test or tests of his or | 26 |
| her blood, breath or
urine for the purpose of
determining |
|
|
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LRB095 18685 RLC 44784 b |
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| 1 |
| the alcohol content thereof or the presence of any other | 2 |
| drug or
combination of both.
| 3 |
| This provision does not affect the applicability of or | 4 |
| imposition of driver's
license sanctions under Section | 5 |
| 11-501.1 of this Code.
| 6 |
| 3. For purposes of this Section, a personal injury | 7 |
| includes any Type A
injury as indicated on the traffic | 8 |
| accident report completed by a law
enforcement officer that | 9 |
| requires immediate professional attention in either a
| 10 |
| doctor's office or a medical facility. A Type A injury | 11 |
| includes severe
bleeding wounds, distorted extremities, | 12 |
| and injuries that require the injured
party to be carried | 13 |
| from the scene.
| 14 |
| (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828, | 15 |
| eff. 1-1-01.)
| 16 |
| Section 95. No acceleration or delay. Where this Act makes | 17 |
| changes in a statute that is represented in this Act by text | 18 |
| that is not yet or no longer in effect (for example, a Section | 19 |
| represented by multiple versions), the use of that text does | 20 |
| not accelerate or delay the taking effect of (i) the changes | 21 |
| made by this Act or (ii) provisions derived from any other | 22 |
| Public Act.
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
|
|