Full Text of HB2649 96th General Assembly
HB2649 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2649
Introduced 2/20/2009, by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that a person is guilty of a non-probationary Class 3 felony (rather than a Class 4 felony) when the person is convicted of driving under the influence (DUI) of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof (prohibited substances), (rather than the person being convicted of a DUI violation for a second time) and has previously been convicted of reckless homicide or a similar provision of a law of another state in which the person was determined to have been under the influence of prohibited substances as an element of the offense, or in committing a DUI violation, the person was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the DUI violation was a proximate cause of the death. Provides that evidence of a person's blood,
urine, breath or other bodily substance concentration of prohibited substances is admissible when gathered by a trained phlebotomist (rather than a trained phlebotomist acting under the
direction of a licensed physician) in any civil or criminal action or proceeding arising out
of an DUI arrest. Provides that blood or urine tests (rather than only blood tests) performed for the purpose of determining the concentration of prohibited substances are admissible evidence as a
business record exception to the hearsay rule in prosecutions for a
DUI violation or a similar provision of a local
ordinance, or in prosecutions for reckless homicide and makes corresponding changes in the Boat Registration and Safety Act and Snowmobile Registration and Safety Act. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2649 |
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LRB096 04584 AJT 14639 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 11-501, 11-501.2, and 11-501.4 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, | 8 |
| other drug or drugs, intoxicating compound or compounds or any | 9 |
| combination thereof.
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| (a) A person shall not drive or be in actual physical | 11 |
| control of any vehicle within this State while: | 12 |
| (1) the alcohol concentration in the person's blood or | 13 |
| breath is 0.08 or more based on the definition of blood and | 14 |
| breath units in Section 11-501.2; | 15 |
| (2) under the influence of alcohol; | 16 |
| (3) under the influence of any intoxicating compound or | 17 |
| combination of intoxicating compounds to a degree that | 18 |
| renders the person incapable of driving safely; | 19 |
| (4) under the influence of any other drug or | 20 |
| combination of drugs to a degree that renders the person | 21 |
| incapable of safely driving; | 22 |
| (5) under the combined influence of alcohol, other drug | 23 |
| or drugs, or intoxicating compound or compounds to a degree |
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| that renders the person incapable of safely driving; or | 2 |
| (6) there is any amount of a drug, substance, or | 3 |
| compound in the person's breath, blood, or urine resulting | 4 |
| from the unlawful use or consumption of cannabis listed in | 5 |
| the Cannabis Control Act, a controlled substance listed in | 6 |
| the Illinois Controlled Substances Act, an intoxicating | 7 |
| compound listed in the Use of Intoxicating Compounds Act, | 8 |
| or methamphetamine as listed in the Methamphetamine | 9 |
| Control and Community Protection Act.
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| (b) The fact that any person charged with violating this | 11 |
| Section is or has been legally entitled to use alcohol, other | 12 |
| drug or drugs, or intoxicating compound or compounds, or any | 13 |
| combination thereof, shall not constitute a defense against any | 14 |
| charge of violating this Section. | 15 |
| (c) Penalties. | 16 |
| (1) Except as otherwise provided in this Section, any | 17 |
| person convicted of violating subsection (a) of this | 18 |
| Section is guilty of a Class A misdemeanor. | 19 |
| (2) A person who violates subsection (a) or a similar | 20 |
| provision a second time shall be sentenced to a mandatory | 21 |
| minimum term of either 5 days of imprisonment or 240 hours | 22 |
| of community service in addition to any other criminal or | 23 |
| administrative sanction. | 24 |
| (3) A person who violates subsection (a) is subject to | 25 |
| 6 months of imprisonment, an additional mandatory minimum | 26 |
| fine of $1,000, and 25 days of community service in a |
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| program benefiting children if the person was transporting | 2 |
| a person under the age of 16 at the time of the violation. | 3 |
| (4) A person who violates subsection (a) a first time, | 4 |
| if the alcohol concentration in his or her blood, breath, | 5 |
| or urine was 0.16 or more based on the definition of blood, | 6 |
| breath, or urine units in Section 11-501.2, shall be | 7 |
| subject, in addition to any other penalty that may be | 8 |
| imposed, to a mandatory minimum of 100 hours of community | 9 |
| service and a mandatory minimum fine of $500. | 10 |
| (5) A person who violates subsection (a) a second time, | 11 |
| if at the time of the second violation the alcohol | 12 |
| concentration in his or her blood, breath, or urine was | 13 |
| 0.16 or more based on the definition of blood, breath, or | 14 |
| urine units in Section 11-501.2, shall be subject, in | 15 |
| addition to any other penalty that may be imposed, to a | 16 |
| mandatory minimum of 2 days of imprisonment and a mandatory | 17 |
| minimum fine of $1,250. | 18 |
| (d) Aggravated driving under the influence of alcohol, | 19 |
| other drug or drugs, or intoxicating compound or compounds, or | 20 |
| any combination thereof.
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| (1) Every person convicted of committing a violation of | 22 |
| this Section shall be guilty of aggravated driving under | 23 |
| the influence of alcohol, other drug or drugs, or | 24 |
| intoxicating compound or compounds, or any combination | 25 |
| thereof if: | 26 |
| (A) the person committed a violation of subsection |
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| (a) or a similar provision for the third or subsequent | 2 |
| time; | 3 |
| (B) the person committed a violation of subsection | 4 |
| (a) while driving a school bus with persons 18 years of | 5 |
| age or younger on board; | 6 |
| (C) the person in committing a violation of | 7 |
| subsection (a) was involved in a motor vehicle accident | 8 |
| that resulted in great bodily harm or permanent | 9 |
| disability or disfigurement to another, when the | 10 |
| violation was a proximate cause of the injuries; | 11 |
| (D) the person committed a violation of subsection | 12 |
| (a) for a second time and has been previously convicted | 13 |
| of violating Section 9-3 of the Criminal Code of 1961 | 14 |
| or a similar provision of a law of another state | 15 |
| relating to reckless homicide in which the person was | 16 |
| determined to have been under the influence of alcohol, | 17 |
| other drug or drugs, or intoxicating compound or | 18 |
| compounds as an element of the offense or the person | 19 |
| has previously been convicted under subparagraph (C) | 20 |
| or subparagraph (F) of this paragraph (1); | 21 |
| (E) the person, in committing a violation of | 22 |
| subsection (a) while driving at any speed in a school | 23 |
| speed zone at a time when a speed limit of 20 miles per | 24 |
| hour was in effect under subsection (a) of Section | 25 |
| 11-605 of this Code, was involved in a motor vehicle | 26 |
| accident that resulted in bodily harm, other than great |
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| bodily harm or permanent disability or disfigurement, | 2 |
| to another person, when the violation of subsection (a) | 3 |
| was a proximate cause of the bodily harm; | 4 |
| (F) the person, in committing a violation of | 5 |
| subsection (a), was involved in a motor vehicle, | 6 |
| snowmobile, all-terrain vehicle, or watercraft | 7 |
| accident that resulted in the death of another person, | 8 |
| when the violation of subsection (a) was a proximate | 9 |
| cause of the death; | 10 |
| (G) the person committed a violation of subsection | 11 |
| (a) during a period in which the defendant's driving | 12 |
| privileges are revoked or suspended, where the | 13 |
| revocation or suspension was for a violation of | 14 |
| subsection (a) or a similar provision, Section | 15 |
| 11-501.1, paragraph (b) of Section 11-401, or for | 16 |
| reckless homicide as defined in Section 9-3 of the | 17 |
| Criminal Code of 1961; | 18 |
| (H) the person committed the violation while he or | 19 |
| she did not possess a driver's license or permit or a | 20 |
| restricted driving permit or a judicial driving permit | 21 |
| or a monitoring device driving permit; | 22 |
| (I) the person committed the violation while he or | 23 |
| she knew or should have known that the vehicle he or | 24 |
| she was driving was not covered by a liability | 25 |
| insurance policy; | 26 |
| (J) the person in committing a violation of |
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| subsection (a) was involved in a motor vehicle accident | 2 |
| that resulted in bodily harm, but not great bodily | 3 |
| harm, to the child under the age of 16 being | 4 |
| transported by the person, if the violation was the | 5 |
| proximate cause of the injury; or | 6 |
| (K) the person in committing a second violation of | 7 |
| subsection (a) or a similar provision was transporting | 8 |
| a person under the age of 16. | 9 |
| (2)(A) Except as provided otherwise, a person | 10 |
| convicted of aggravated driving under the influence of | 11 |
| alcohol, other drug or drugs, or intoxicating compound or | 12 |
| compounds, or any combination thereof is guilty of a Class | 13 |
| 4 felony. | 14 |
| (B) A third violation of this Section or a similar | 15 |
| provision is a Class 2 felony. If at the time of the third | 16 |
| violation the alcohol concentration in his or her blood, | 17 |
| breath, or urine was 0.16 or more based on the definition | 18 |
| of blood, breath, or urine units in Section 11-501.2, a | 19 |
| mandatory minimum of 90 days of imprisonment and a | 20 |
| mandatory minimum fine of $2,500 shall be imposed in | 21 |
| addition to any other criminal or administrative sanction. | 22 |
| If at the time of the third violation, the defendant was | 23 |
| transporting a person under the age of 16, a mandatory fine | 24 |
| of $25,000 and 25 days of community service in a program | 25 |
| benefiting children shall be imposed in addition to any | 26 |
| other criminal or administrative sanction. |
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| (C) A fourth violation of this Section or a similar | 2 |
| provision is a Class 2 felony, for which a sentence of | 3 |
| probation or conditional discharge may not be imposed. If | 4 |
| at the time of the violation, the alcohol concentration in | 5 |
| the defendant's blood, breath, or urine was 0.16 or more | 6 |
| based on the definition of blood, breath, or urine units in | 7 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 8 |
| be imposed in addition to any other criminal or | 9 |
| administrative sanction. If at the time of the fourth | 10 |
| violation, the defendant was transporting a person under | 11 |
| the age of 16 a mandatory fine of $25,000 and 25 days of | 12 |
| community service in a program benefiting children shall be | 13 |
| imposed in addition to any other criminal or administrative | 14 |
| sanction. | 15 |
| (D) A fifth violation of this Section or a similar | 16 |
| provision is a Class 1 felony, for which a sentence of | 17 |
| probation or conditional discharge may not be imposed. If | 18 |
| at the time of the violation, the alcohol concentration in | 19 |
| the defendant's blood, breath, or urine was 0.16 or more | 20 |
| based on the definition of blood, breath, or urine units in | 21 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 22 |
| be imposed in addition to any other criminal or | 23 |
| administrative sanction. If at the time of the fifth | 24 |
| violation, the defendant was transporting a person under | 25 |
| the age of 16, a mandatory fine of $25,000, and 25 days of | 26 |
| community service in a program benefiting children shall be |
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| imposed in addition to any other criminal or administrative | 2 |
| sanction. | 3 |
| (E) A sixth or subsequent violation of this Section or | 4 |
| similar provision is a Class X felony. If at the time of | 5 |
| the violation, the alcohol concentration in the | 6 |
| defendant's blood, breath, or urine was 0.16 or more based | 7 |
| on the definition of blood, breath, or urine units in | 8 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 9 |
| be imposed in addition to any other criminal or | 10 |
| administrative sanction. If at the time of the violation, | 11 |
| the defendant was transporting a person under the age of | 12 |
| 16, a mandatory fine of $25,000 and 25 days of community | 13 |
| service in a program benefiting children shall be imposed | 14 |
| in addition to any other criminal or administrative | 15 |
| sanction. | 16 |
| (F) For a violation of subparagraph (C) of paragraph | 17 |
| (1) of this subsection (d), the defendant, if sentenced to | 18 |
| a term of imprisonment, shall be sentenced to not less than | 19 |
| one year nor more than 12 years. | 20 |
| (G) A violation of subparagraph (F) of paragraph (1) of | 21 |
| this subsection (d) is a Class 2 felony, for which the | 22 |
| defendant, unless the court determines that extraordinary | 23 |
| circumstances exist and require probation, shall be | 24 |
| sentenced to: (i) a term of imprisonment of not less than 3 | 25 |
| years and not more than 14 years if the violation resulted | 26 |
| in the death of one person; or (ii) a term of imprisonment |
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| of not less than 6 years and not more than 28 years if the | 2 |
| violation resulted in the deaths of 2 or more persons. | 3 |
| (H) For a violation of subparagraph (J) of paragraph | 4 |
| (1) of this subsection (d), a mandatory fine of $2,500, and | 5 |
| 25 days of community service in a program benefiting | 6 |
| children shall be imposed in addition to any other criminal | 7 |
| or administrative sanction. | 8 |
| (I) A violation of subparagraph (K) of paragraph (1) of | 9 |
| this subsection (d), is a Class 2 felony and a mandatory | 10 |
| fine of $2,500, and 25 days of community service in a | 11 |
| program benefiting children shall be imposed in addition to | 12 |
| any other criminal or administrative sanction. If the child | 13 |
| being transported suffered bodily harm, but not great | 14 |
| bodily harm, in a motor vehicle accident, and the violation | 15 |
| was the proximate cause of that injury, a mandatory fine of | 16 |
| $5,000 and 25 days of community service in a program | 17 |
| benefiting children shall be imposed in addition to any | 18 |
| other criminal or administrative sanction. | 19 |
| (J) A violation of subparagraph (D) of paragraph (1) of | 20 |
| this subsection (d) is a Class 3 felony, for which a | 21 |
| sentence of probation or conditional discharge may not be | 22 |
| imposed. | 23 |
| (3) Any person sentenced under this subsection (d) who | 24 |
| receives a term of probation or conditional discharge must | 25 |
| serve a minimum term of either 480 hours of community | 26 |
| service or 10 days of imprisonment as a condition of the |
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| probation or conditional discharge in addition to any other | 2 |
| criminal or administrative sanction. | 3 |
| (e) Any reference to a prior violation of subsection (a) or | 4 |
| a similar provision includes any violation of a provision of a | 5 |
| local ordinance or a provision of a law of another state or an | 6 |
| offense committed on a military installation that is similar to | 7 |
| a violation of subsection (a) of this Section. | 8 |
| (f) The imposition of a mandatory term of imprisonment or | 9 |
| assignment of community service for a violation of this Section | 10 |
| shall not be suspended or reduced by the court. | 11 |
| (g) Any penalty imposed for driving with a license that has | 12 |
| been revoked for a previous violation of subsection (a) of this | 13 |
| Section shall be in addition to the penalty imposed for any | 14 |
| subsequent violation of subsection (a). | 15 |
| (h) For any prosecution under this Section, a certified | 16 |
| copy of the driving abstract of the defendant shall be admitted | 17 |
| as proof of any prior conviction.
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| (Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, | 19 |
| eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, | 20 |
| eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; | 21 |
| 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; | 22 |
| 95-778, eff. 8-4-08; 95-876, eff. 8-21-08.)
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| (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
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| Sec. 11-501.2. Chemical and other tests.
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| (a) Upon the trial of any civil or criminal action or |
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| proceeding arising out
of an arrest for an offense as defined | 2 |
| in Section 11-501 or a similar local
ordinance or proceedings | 3 |
| pursuant to Section 2-118.1, evidence of the
concentration of | 4 |
| alcohol, other drug or drugs, or intoxicating compound or
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| compounds, or any combination thereof in a person's blood
or | 6 |
| breath at the time alleged, as determined by analysis of the | 7 |
| person's blood,
urine, breath or other bodily substance, shall | 8 |
| be admissible. Where such test
is made the following provisions | 9 |
| shall apply:
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| 1. Chemical analyses of the person's blood, urine, | 11 |
| breath or other bodily
substance to be considered valid | 12 |
| under the provisions of this Section shall
have been | 13 |
| performed according to standards promulgated by the | 14 |
| Department of State Police
by
a licensed physician, | 15 |
| registered nurse, trained phlebotomist acting under the
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| direction of a licensed physician , certified paramedic, or | 17 |
| other individual
possessing a valid permit issued by that | 18 |
| Department for
this purpose. The Director of State Police | 19 |
| is authorized to approve satisfactory
techniques or | 20 |
| methods, to ascertain the qualifications and competence of
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| individuals to conduct such analyses, to issue permits | 22 |
| which shall be subject
to termination or revocation at the | 23 |
| discretion of that Department and to
certify the accuracy | 24 |
| of breath testing equipment. The Department
of
State Police | 25 |
| shall prescribe regulations as necessary to
implement this
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| Section.
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| 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 registered nurse, | 5 |
| trained
phlebotomist, or certified paramedic, or other
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| qualified person approved by the Department of State Police | 7 |
| may withdraw blood
for the purpose of determining the | 8 |
| alcohol, drug, or alcohol and drug content
therein. This | 9 |
| limitation shall not apply to the taking of breath or urine
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| specimens.
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| When a blood test of a person who has been taken to an | 12 |
| adjoining state
for medical treatment is requested by an | 13 |
| Illinois law enforcement officer,
the blood may be | 14 |
| withdrawn only by a physician authorized to practice
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| medicine in the adjoining state, a registered nurse, a | 16 |
| trained
phlebotomist acting under the direction of the | 17 |
| physician, or certified
paramedic. The law
enforcement | 18 |
| officer requesting the test shall take custody of the blood
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| sample, and the blood sample shall be analyzed by a | 20 |
| laboratory certified by the
Department of State Police for | 21 |
| that purpose.
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| 3. The person tested may have a physician, or a | 23 |
| qualified technician,
chemist, registered nurse, or other | 24 |
| qualified person of their own choosing
administer a | 25 |
| chemical test or tests in addition to any administered at | 26 |
| the
direction of a law enforcement officer. The failure or |
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| inability to obtain
an additional test by a person shall | 2 |
| not preclude the admission of evidence
relating to the test | 3 |
| or tests taken at the direction of a law enforcement
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| officer.
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| 4. Upon the request of the person who shall submit to a | 6 |
| chemical test
or tests at the request of a law enforcement | 7 |
| officer, full information
concerning the test or tests | 8 |
| shall be made available to the person or such
person's | 9 |
| attorney.
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| 5. Alcohol concentration shall mean either grams of | 11 |
| alcohol per 100
milliliters of blood or grams of alcohol | 12 |
| per 210 liters of breath.
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| (b) Upon the trial of any civil or criminal action or | 14 |
| proceeding arising
out of acts alleged to have been committed | 15 |
| by any person while driving or
in actual physical control of a | 16 |
| vehicle while under the influence of alcohol,
the concentration | 17 |
| of alcohol in the person's blood or breath at the time
alleged | 18 |
| as shown by analysis of the person's blood, urine, breath, or | 19 |
| other
bodily substance shall give rise to the following | 20 |
| presumptions:
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| 1. If there was at that time an alcohol concentration | 22 |
| of 0.05 or less,
it shall be presumed that the person was | 23 |
| not under the influence of alcohol.
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| 2. If there was at that time an alcohol concentration | 25 |
| in excess of 0.05
but less than 0.08, such facts shall not | 26 |
| give rise to any
presumption that
the person was or was not |
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| under the influence of alcohol, but such fact
may be | 2 |
| considered with other competent evidence in determining | 3 |
| whether the
person was under the influence of alcohol.
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| 3. If there was at that time an alcohol concentration | 5 |
| of 0.08
or more,
it shall be presumed that the person was | 6 |
| under the influence of alcohol.
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| 4. The foregoing provisions of this Section shall not | 8 |
| be construed as
limiting the introduction of any other | 9 |
| relevant evidence bearing upon the
question whether the | 10 |
| person was under the influence of alcohol.
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| (c) 1. If a person under arrest refuses to submit to a | 12 |
| chemical test
under
the provisions of Section 11-501.1, | 13 |
| evidence of refusal shall be admissible
in any civil or | 14 |
| criminal action or proceeding arising out of acts alleged
to | 15 |
| have been committed while the person under the influence of | 16 |
| alcohol,
other drug or drugs, or intoxicating compound or | 17 |
| compounds, or
any combination thereof was driving or in actual | 18 |
| physical
control of a motor vehicle.
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| 2. Notwithstanding any ability to refuse under this | 20 |
| Code to submit to
these tests or any ability to revoke the | 21 |
| implied consent to these tests, if a
law enforcement | 22 |
| officer has probable cause to believe that a motor vehicle
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| driven by or in actual physical control of a person under | 24 |
| the influence of
alcohol, other drug or drugs, or | 25 |
| intoxicating compound or
compounds,
or any combination |
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| thereof
has caused the death or
personal injury to another, | 2 |
| that person shall submit, upon the request of a law
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| enforcement officer, to a chemical test or tests of his or | 4 |
| her blood, breath or
urine for the purpose of
determining | 5 |
| the alcohol content thereof or the presence of any other | 6 |
| drug or
combination of both.
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| This provision does not affect the applicability of or | 8 |
| imposition of driver's
license sanctions under Section | 9 |
| 11-501.1 of this Code.
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| 3. For purposes of this Section, a personal injury | 11 |
| includes any Type A
injury as indicated on the traffic | 12 |
| accident report completed by a law
enforcement officer that | 13 |
| requires immediate professional attention in either a
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| doctor's office or a medical facility. A Type A injury | 15 |
| includes severe
bleeding wounds, distorted extremities, | 16 |
| and injuries that require the injured
party to be carried | 17 |
| from the scene.
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| (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828, | 19 |
| eff. 1-1-01.)
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| (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
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| Sec. 11-501.4.
Admissibility of chemical tests of blood or | 22 |
| urine conducted in
the regular course of providing emergency | 23 |
| medical treatment.
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| (a) Notwithstanding any other provision of law, the results | 25 |
| of
blood or urine tests performed for the purpose of |
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| determining the content of alcohol,
other drug or drugs, or | 2 |
| intoxicating compound or compounds, or any
combination | 3 |
| thereof, of an individual's blood or urine conducted upon | 4 |
| persons
receiving
medical treatment in a hospital emergency | 5 |
| room are admissible in evidence as a
business record exception | 6 |
| to the hearsay rule only in prosecutions for any
violation of | 7 |
| Section 11-501 of this Code or a similar provision of a local
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| ordinance, or in prosecutions for reckless homicide brought | 9 |
| under the Criminal
Code of 1961, when each of the following | 10 |
| criteria are met:
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| (1) the chemical tests performed upon an individual's | 12 |
| blood or urine were ordered
in the
regular course of | 13 |
| providing emergency medical treatment and not at the
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| request of law enforcement authorities;
| 15 |
| (2) the chemical tests performed upon an individual's | 16 |
| blood or urine were performed
by the laboratory routinely | 17 |
| used by the hospital; and
| 18 |
| (3) results of chemical tests performed upon an | 19 |
| individual's blood or urine are
admissible into evidence | 20 |
| regardless of the time that the records were
prepared.
| 21 |
| (b) The confidentiality provisions of law pertaining to | 22 |
| medical records
and medical treatment shall not be applicable | 23 |
| with regard to chemical tests
performed upon an individual's | 24 |
| blood or urine under the provisions of this Section in
| 25 |
| prosecutions as specified in subsection (a) of this Section. No | 26 |
| person shall
be liable for civil damages as a result of the |
|
|
|
HB2649 |
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LRB096 04584 AJT 14639 b |
|
| 1 |
| evidentiary use of chemical
testing of an individual's blood or | 2 |
| urine test results under this Section, or as a
result of that | 3 |
| person's testimony made available under this Section.
| 4 |
| (Source: P.A. 90-779, eff. 1-1-99.)
| 5 |
| Section 10. The Snowmobile Registration and Safety Act is | 6 |
| amended by changing Section 5-7.4 as follows:
| 7 |
| (625 ILCS 40/5-7.4)
| 8 |
| Sec. 5-7.4.
Admissibility of chemical tests of blood or | 9 |
| urine conducted in the
regular course of providing emergency | 10 |
| medical treatment.
| 11 |
| (a) Notwithstanding any other provision of law, the results | 12 |
| of
blood or urine tests performed for the purpose of | 13 |
| determining the content of
alcohol, other drug or drugs, | 14 |
| intoxicating compound or compounds, or any
combination of them | 15 |
| in an individual's blood or urine conducted upon persons | 16 |
| receiving
medical treatment in a
hospital
emergency room, are | 17 |
| admissible in evidence as a business record exception
to the
| 18 |
| hearsay rule only in prosecutions for a violation of Section | 19 |
| 5-7 of this
Act or a similar provision of a local ordinance or | 20 |
| in prosecutions for reckless
homicide brought under the | 21 |
| Criminal Code of 1961.
| 22 |
| The results of the tests are admissible only when
each of | 23 |
| the following criteria are met:
| 24 |
| 1. The chemical tests performed upon an individual's |
|
|
|
HB2649 |
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LRB096 04584 AJT 14639 b |
|
| 1 |
| blood or urine were
ordered
in the
regular course of | 2 |
| providing emergency treatment and not at the request of law
| 3 |
| enforcement authorities; and
| 4 |
| 2. The chemical tests performed upon an individual's | 5 |
| blood or urine were
performed by the
laboratory routinely | 6 |
| used by the hospital.
| 7 |
| 3. (Blank).
| 8 |
| Results of chemical tests performed upon an individual's | 9 |
| blood or urine
are
admissible into evidence regardless of the | 10 |
| time that the records were
prepared.
| 11 |
| (b) The confidentiality provisions of law pertaining to | 12 |
| medical records and
medical treatment are not applicable with | 13 |
| regard to chemical tests
performed upon a person's blood or | 14 |
| urine under the provisions of this
Section in prosecutions as | 15 |
| specified in
subsection (a) of this Section. No person
shall be | 16 |
| liable for civil damages as
a result of the evidentiary use of | 17 |
| the results of chemical testing of the
individual's blood or | 18 |
| urine under this
Section or as a result of that person's | 19 |
| testimony made available under this
Section.
| 20 |
| (Source: P.A. 93-156, eff. 1-1-04.)
| 21 |
| Section 15. The Boat Registration and Safety Act is amended | 22 |
| by changing Section 5-16a as follows:
| 23 |
| (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
| 24 |
| Sec. 5-16a.
Admissibility of chemical tests of blood or |
|
|
|
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LRB096 04584 AJT 14639 b |
|
| 1 |
| urine conducted in the regular course of providing emergency | 2 |
| medical
treatment.
| 3 |
| (a) Notwithstanding any other provision of law, the written | 4 |
| results of
blood or urine alcohol tests conducted upon persons | 5 |
| receiving medical treatment in a
hospital emergency room are | 6 |
| admissible in evidence as a business record
exception to the | 7 |
| hearsay rule only in prosecutions for any violation of
Section | 8 |
| 5-16 of this Act or a similar provision of a local
ordinance or | 9 |
| in prosecutions for reckless homicide brought under the | 10 |
| Criminal
Code of 1961, when:
| 11 |
| (1) the chemical tests performed upon an individual's | 12 |
| blood or urine were ordered
in the regular course of | 13 |
| providing emergency treatment and not at the request
of law | 14 |
| enforcement authorities; and
| 15 |
| (2) the chemical tests performed upon an individual's | 16 |
| blood or urine
were performed by the laboratory routinely | 17 |
| used by the hospital.
| 18 |
| Results of
chemical tests performed upon an individual's | 19 |
| blood or urine are admissible into
evidence regardless of the | 20 |
| time that the records were prepared.
| 21 |
| (b) The confidentiality provisions of law pertaining to | 22 |
| medical records
and medical treatment shall not be applicable | 23 |
| with regard to chemical
tests performed upon an individual's | 24 |
| blood or urine under the provisions of
this Section in | 25 |
| prosecutions as
specified in subsection (a) of this Section. No | 26 |
| person shall be liable for
civil damages as a result of the |
|
|
|
HB2649 |
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LRB096 04584 AJT 14639 b |
|
| 1 |
| evidentiary use of the results of chemical
testing of an | 2 |
| individual's blood or urine under this Section or as a result | 3 |
| of that person's testimony made
available under this Section.
| 4 |
| (Source: P.A. 93-156, eff. 1-1-04.)
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
|
|
|
|
HB2649 |
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 625 ILCS 5/11-501 |
from Ch. 95 1/2, par. 11-501 |
| 4 |
| 625 ILCS 5/11-501.2 |
from Ch. 95 1/2, par. 11-501.2 |
| 5 |
| 625 ILCS 5/11-501.4 |
from Ch. 95 1/2, par. 11-501.4 |
| 6 |
| 625 ILCS 40/5-7.4 |
|
| 7 |
| 625 ILCS 45/5-16a |
from Ch. 95 1/2, par. 315-11a |
| |
|