Full Text of SB3409 103rd General Assembly
SB3409 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3409 Introduced 2/8/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/11-501 | from Ch. 95 1/2, par. 11-501 | 625 ILCS 5/11-501.2 | from Ch. 95 1/2, par. 11-501.2 |
| Amends the Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle within this State while the person has, within 2 hours of driving or being in actual physical control of a vehicle, a free tetrahydrocannabinol concentration in the person's whole blood or other bodily substances of 5 nanograms or more per milliliter in whole blood or 10 nanograms or more per milliliter in any other bodily substance (currently, this provision does not specify whether the concentration is a free concentration). Makes technical changes. |
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| | A BILL FOR |
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| 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 | 5 | | changing Sections 11-501 and 11-501.2 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. | 10 | | (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, | 13 | | other bodily substance, or breath is 0.08 or more based on | 14 | | the definition of blood and breath units in Section | 15 | | 11-501.2; | 16 | | (2) under the influence of alcohol; | 17 | | (3) under the influence of any intoxicating compound | 18 | | or combination of intoxicating compounds to a degree that | 19 | | renders the person incapable of driving safely; | 20 | | (4) under the influence of any other drug or | 21 | | combination of drugs to a degree that renders the person | 22 | | incapable of safely driving; | 23 | | (5) under the combined influence of alcohol, other |
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| 1 | | drug or drugs, or intoxicating compound or compounds to a | 2 | | degree that renders the person incapable of safely | 3 | | driving; | 4 | | (6) there is any amount of a drug, substance, or | 5 | | compound in the person's breath, blood, other bodily | 6 | | substance, or urine resulting from the unlawful use or | 7 | | consumption of a controlled substance listed in the | 8 | | Illinois Controlled Substances Act, an intoxicating | 9 | | compound listed in the Use of Intoxicating Compounds Act, | 10 | | or methamphetamine as listed in the Methamphetamine | 11 | | Control and Community Protection Act; or | 12 | | (7) the person has, within 2 hours of driving or being | 13 | | in actual physical control of a vehicle, a free | 14 | | tetrahydrocannabinol concentration of 5 nanograms or more | 15 | | per milliliter in whole blood or 10 nanograms or more per | 16 | | milliliter in any other bodily substance in the person's | 17 | | whole blood or other bodily substance as defined in | 18 | | paragraph 6 of subsection (a) of Section 11-501.2 of this | 19 | | Code . Subject to all other requirements and provisions | 20 | | under this Section, this paragraph (7) does not apply to | 21 | | the lawful consumption of cannabis by a qualifying patient | 22 | | licensed under the Compassionate Use of Medical Cannabis | 23 | | Program Act who is in possession of a valid registry card | 24 | | issued under that Act, unless that person is impaired by | 25 | | the use of cannabis. | 26 | | As used in this subsection (a), "free tetrahydrocannabinol |
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| 1 | | concentration" means the amount of unchanged, parent | 2 | | delta-9-tetrahydrocannabinol detected in a blood or bodily | 3 | | fluid sample. | 4 | | (b) The fact that any person charged with violating this | 5 | | Section is or has been legally entitled to use alcohol, | 6 | | cannabis under the Compassionate Use of Medical Cannabis | 7 | | Program Act, other drug or drugs, or intoxicating compound or | 8 | | compounds, or any combination thereof, shall not constitute a | 9 | | defense against any charge of violating this Section. | 10 | | (c) Penalties. | 11 | | (1) Except as otherwise provided in this Section, any | 12 | | person convicted of violating subsection (a) of this | 13 | | Section is guilty of a Class A misdemeanor. | 14 | | (2) A person who violates subsection (a) or a similar | 15 | | provision a second time shall be sentenced to a mandatory | 16 | | minimum term of either 5 days of imprisonment or 240 hours | 17 | | of community service in addition to any other criminal or | 18 | | administrative sanction. | 19 | | (3) A person who violates subsection (a) is subject to | 20 | | 6 months of imprisonment, an additional mandatory minimum | 21 | | fine of $1,000, and 25 days of community service in a | 22 | | program benefiting children if the person was transporting | 23 | | a person under the age of 16 at the time of the violation. | 24 | | (4) A person who violates subsection (a) a first time, | 25 | | if the alcohol concentration in his or her blood, breath, | 26 | | other bodily substance, or urine was 0.16 or more based on |
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| 1 | | the definition of blood, breath, other bodily substance, | 2 | | or urine units in Section 11-501.2, shall be subject, in | 3 | | addition to any other penalty that may be imposed, to a | 4 | | mandatory minimum of 100 hours of community service and a | 5 | | mandatory minimum fine of $500. | 6 | | (5) A person who violates subsection (a) a second | 7 | | time, if at the time of the second violation the alcohol | 8 | | concentration in his or her blood, breath, other bodily | 9 | | substance, or urine was 0.16 or more based on the | 10 | | definition of blood, breath, other bodily substance, or | 11 | | urine units in Section 11-501.2, shall be subject, in | 12 | | addition to any other penalty that may be imposed, to a | 13 | | mandatory minimum of 2 days of imprisonment and a | 14 | | mandatory minimum fine of $1,250. | 15 | | (d) Aggravated driving under the influence of alcohol, | 16 | | other drug or drugs, or intoxicating compound or compounds, or | 17 | | any combination thereof. | 18 | | (1) Every person convicted of committing a violation | 19 | | of this Section shall be guilty of aggravated driving | 20 | | under the influence of alcohol, other drug or drugs, or | 21 | | intoxicating compound or compounds, or any combination | 22 | | thereof if: | 23 | | (A) the person committed a violation of subsection | 24 | | (a) or a similar provision for the third or subsequent | 25 | | time; | 26 | | (B) the person committed a violation of subsection |
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| 1 | | (a) while driving a school bus with one or more | 2 | | passengers on board; | 3 | | (C) the person in committing a violation of | 4 | | subsection (a) was involved in a motor vehicle crash | 5 | | that resulted in great bodily harm or permanent | 6 | | disability or disfigurement to another, when the | 7 | | violation was a proximate cause of the injuries; | 8 | | (D) the person committed a violation of subsection | 9 | | (a) and has been previously convicted of violating | 10 | | Section 9-3 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012 or a similar provision of a law | 12 | | of another state relating to reckless homicide in | 13 | | which the person was determined to have been under the | 14 | | influence of alcohol, other drug or drugs, or | 15 | | intoxicating compound or compounds as an element of | 16 | | the offense or the person has previously been | 17 | | convicted under subparagraph (C) or subparagraph (F) | 18 | | of this paragraph (1); | 19 | | (E) the person, in committing a violation of | 20 | | subsection (a) while driving at any speed in a school | 21 | | speed zone at a time when a speed limit of 20 miles per | 22 | | hour was in effect under subsection (a) of Section | 23 | | 11-605 of this Code, was involved in a motor vehicle | 24 | | crash that resulted in bodily harm, other than great | 25 | | bodily harm or permanent disability or disfigurement, | 26 | | to another person, when the violation of subsection |
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| 1 | | (a) was a proximate cause of the bodily harm; | 2 | | (F) the person, in committing a violation of | 3 | | subsection (a), was involved in a motor vehicle crash | 4 | | or snowmobile, all-terrain vehicle, or watercraft | 5 | | accident that resulted in the death of another person, | 6 | | when the violation of subsection (a) was a proximate | 7 | | cause of the death; | 8 | | (G) the person committed a violation of subsection | 9 | | (a) during a period in which the defendant's driving | 10 | | privileges are revoked or suspended, where the | 11 | | revocation or suspension was for a violation of | 12 | | subsection (a) or a similar provision, Section | 13 | | 11-501.1, paragraph (b) of Section 11-401, or for | 14 | | reckless homicide as defined in Section 9-3 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012; | 16 | | (H) the person committed the violation while he or | 17 | | she did not possess a driver's license or permit or a | 18 | | restricted driving permit or a judicial driving permit | 19 | | or a monitoring device driving permit; | 20 | | (I) the person committed the violation while he or | 21 | | she knew or should have known that the vehicle he or | 22 | | she was driving was not covered by a liability | 23 | | insurance policy; | 24 | | (J) the person in committing a violation of | 25 | | subsection (a) was involved in a motor vehicle crash | 26 | | that resulted in bodily harm, but not great bodily |
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| 1 | | harm, to the child under the age of 16 being | 2 | | transported by the person, if the violation was the | 3 | | proximate cause of the injury; | 4 | | (K) the person in committing a second violation of | 5 | | subsection (a) or a similar provision was transporting | 6 | | a person under the age of 16; or | 7 | | (L) the person committed a violation of subsection | 8 | | (a) of this Section while transporting one or more | 9 | | passengers in a vehicle for-hire. | 10 | | (2)(A) Except as provided otherwise, a person | 11 | | convicted of aggravated driving under the influence of | 12 | | alcohol, other drug or drugs, or intoxicating compound or | 13 | | compounds, or any combination thereof is guilty of a Class | 14 | | 4 felony. | 15 | | (B) A third violation of this Section or a similar | 16 | | provision is a Class 2 felony. If at the time of the third | 17 | | violation the alcohol concentration in his or her blood, | 18 | | breath, other bodily substance, or urine was 0.16 or more | 19 | | based on the definition of blood, breath, other bodily | 20 | | substance, or urine units in Section 11-501.2, a mandatory | 21 | | minimum of 90 days of imprisonment and a mandatory minimum | 22 | | fine of $2,500 shall be imposed in addition to any other | 23 | | criminal or administrative sanction. If at the time of the | 24 | | third violation, the defendant was transporting a person | 25 | | under the age of 16, a mandatory fine of $25,000 and 25 | 26 | | days of community service in a program benefiting children |
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| 1 | | shall be imposed in addition to any other criminal or | 2 | | administrative sanction. | 3 | | (C) A fourth violation of this Section or a similar | 4 | | provision is a Class 2 felony, for which a sentence of | 5 | | probation or conditional discharge may not be imposed. If | 6 | | at the time of the violation, the alcohol concentration in | 7 | | the defendant's blood, breath, other bodily substance, or | 8 | | urine was 0.16 or more based on the definition of blood, | 9 | | breath, other bodily substance, or urine units in Section | 10 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 11 | | imposed in addition to any other criminal or | 12 | | administrative sanction. If at the time of the fourth | 13 | | violation, the defendant was transporting a person under | 14 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 15 | | community service in a program benefiting children shall | 16 | | be imposed in addition to any other criminal or | 17 | | administrative sanction. | 18 | | (D) A fifth violation of this Section or a similar | 19 | | provision is a Class 1 felony, for which a sentence of | 20 | | probation or conditional discharge may not be imposed. If | 21 | | at the time of the violation, the alcohol concentration in | 22 | | the defendant's blood, breath, other bodily substance, or | 23 | | urine was 0.16 or more based on the definition of blood, | 24 | | breath, other bodily substance, or urine units in Section | 25 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 26 | | imposed in addition to any other criminal or |
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| 1 | | administrative sanction. If at the time of the fifth | 2 | | violation, the defendant was transporting a person under | 3 | | the age of 16, a mandatory fine of $25,000, and 25 days of | 4 | | community service in a program benefiting children shall | 5 | | be imposed in addition to any other criminal or | 6 | | administrative sanction. | 7 | | (E) A sixth or subsequent violation of this Section or | 8 | | similar provision is a Class X felony. If at the time of | 9 | | the violation, the alcohol concentration in the | 10 | | defendant's blood, breath, other bodily substance, or | 11 | | urine was 0.16 or more based on the definition of blood, | 12 | | breath, other bodily substance, or urine units in Section | 13 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 14 | | imposed in addition to any other criminal or | 15 | | administrative sanction. If at the time of the violation, | 16 | | the defendant was transporting a person under the age of | 17 | | 16, a mandatory fine of $25,000 and 25 days of community | 18 | | service in a program benefiting children shall be imposed | 19 | | in addition to any other criminal or administrative | 20 | | sanction. | 21 | | (F) For a violation of subparagraph (C) of paragraph | 22 | | (1) of this subsection (d), the defendant, if sentenced to | 23 | | a term of imprisonment, shall be sentenced to not less | 24 | | than one year nor more than 12 years. | 25 | | (G) A violation of subparagraph (F) of paragraph (1) | 26 | | of this subsection (d) is a Class 2 felony, for which the |
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| 1 | | defendant, unless the court determines that extraordinary | 2 | | circumstances exist and require probation, shall be | 3 | | sentenced to: (i) a term of imprisonment of not less than 3 | 4 | | years and not more than 14 years if the violation resulted | 5 | | in the death of one person; or (ii) a term of imprisonment | 6 | | of not less than 6 years and not more than 28 years if the | 7 | | violation resulted in the deaths of 2 or more persons. | 8 | | (H) For a violation of subparagraph (J) of paragraph | 9 | | (1) of this subsection (d), a mandatory fine of $2,500, | 10 | | and 25 days of community service in a program benefiting | 11 | | children shall be imposed in addition to any other | 12 | | criminal or administrative sanction. | 13 | | (I) A violation of subparagraph (K) of paragraph (1) | 14 | | of this subsection (d), is a Class 2 felony and a mandatory | 15 | | fine of $2,500, and 25 days of community service in a | 16 | | program benefiting children shall be imposed in addition | 17 | | to any other criminal or administrative sanction. If the | 18 | | child being transported suffered bodily harm, but not | 19 | | great bodily harm, in a motor vehicle crash, and the | 20 | | violation was the proximate cause of that injury, a | 21 | | mandatory fine of $5,000 and 25 days of community service | 22 | | in a program benefiting children shall be imposed in | 23 | | addition to any other criminal or administrative sanction. | 24 | | (J) A violation of subparagraph (D) of paragraph (1) | 25 | | of this subsection (d) is a Class 3 felony, for which a | 26 | | sentence of probation or conditional discharge may not be |
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| 1 | | imposed. | 2 | | (3) Any person sentenced under this subsection (d) who | 3 | | receives a term of probation or conditional discharge must | 4 | | serve a minimum term of either 480 hours of community | 5 | | service or 10 days of imprisonment as a condition of the | 6 | | probation or conditional discharge in addition to any | 7 | | other criminal or administrative sanction. | 8 | | (e) Any reference to a prior violation of subsection (a) | 9 | | or a similar provision includes any violation of a provision | 10 | | of a local ordinance or a provision of a law of another state | 11 | | or an offense committed on a military installation that is | 12 | | similar to a violation of subsection (a) of this Section. | 13 | | (f) The imposition of a mandatory term of imprisonment or | 14 | | assignment of community service for a violation of this | 15 | | Section shall not be suspended or reduced by the court. | 16 | | (g) Any penalty imposed for driving with a license that | 17 | | has been revoked for a previous violation of subsection (a) of | 18 | | this Section shall be in addition to the penalty imposed for | 19 | | any subsequent violation of subsection (a). | 20 | | (h) For any prosecution under this Section, a certified | 21 | | copy of the driving abstract of the defendant shall be | 22 | | admitted as proof of any prior conviction. | 23 | | (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23 .) | 24 | | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2) | 25 | | Sec. 11-501.2. Chemical and other tests. |
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| 1 | | (a) Upon the trial of any civil or criminal action or | 2 | | proceeding arising out of an arrest for an offense as defined | 3 | | in Section 11-501 or a similar local ordinance or proceedings | 4 | | pursuant to Section 2-118.1, evidence of the concentration of | 5 | | alcohol, other drug or drugs, or intoxicating compound or | 6 | | compounds, or any combination thereof in a person's blood or | 7 | | breath at the time alleged, as determined by analysis of the | 8 | | person's blood, urine, breath, or other bodily substance, | 9 | | shall be admissible. Where such test is made the following | 10 | | provisions shall apply: | 11 | | 1. Chemical analyses of the person's blood, urine, | 12 | | breath, or other bodily substance to be considered valid | 13 | | under the provisions of this Section shall have been | 14 | | performed according to standards promulgated by the | 15 | | Illinois State Police by a licensed physician, registered | 16 | | nurse, trained phlebotomist, licensed paramedic, or other | 17 | | individual possessing a valid permit issued by that | 18 | | Department for this purpose. The Director of the Illinois | 19 | | State Police is authorized to approve satisfactory | 20 | | techniques or methods, to ascertain the qualifications and | 21 | | competence of individuals to conduct such analyses, to | 22 | | issue permits which shall be subject to termination or | 23 | | revocation at the discretion of that Department and to | 24 | | certify the accuracy of breath testing equipment. The | 25 | | Illinois State Police shall prescribe regulations as | 26 | | necessary to implement this Section. |
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| 1 | | 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 licensed physician | 5 | | assistant, a licensed advanced practice registered nurse, | 6 | | a registered nurse, trained phlebotomist, or licensed | 7 | | paramedic, or other qualified person approved by the | 8 | | Illinois State Police may withdraw blood for the purpose | 9 | | of determining the alcohol, drug, or alcohol and drug | 10 | | content therein. This limitation shall not apply to the | 11 | | taking of breath, other bodily substance, 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 licensed physician | 18 | | assistant, a licensed advanced practice registered nurse, | 19 | | a registered nurse, a trained phlebotomist acting under | 20 | | the direction of the physician, or licensed paramedic. The | 21 | | law enforcement officer requesting the test shall take | 22 | | custody of the blood sample, and the blood sample shall be | 23 | | analyzed by a laboratory certified by the Illinois State | 24 | | Police for that purpose. | 25 | | 3. The person tested may have a physician, or a | 26 | | qualified technician, chemist, registered nurse, or other |
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| 1 | | qualified person of their own choosing administer a | 2 | | chemical test or tests in addition to any administered at | 3 | | the direction of a law enforcement officer. The failure or | 4 | | inability to obtain an additional test by a person shall | 5 | | not preclude the admission of evidence relating to the | 6 | | test or tests taken at the direction of a law enforcement | 7 | | officer. | 8 | | 4. Upon the request of the person who shall submit to a | 9 | | chemical test or tests at the request of a law enforcement | 10 | | officer, full information concerning the test or tests | 11 | | shall be made available to the person or such person's | 12 | | attorney. | 13 | | 5. Alcohol concentration shall mean either grams of | 14 | | alcohol per 100 milliliters of blood or grams of alcohol | 15 | | per 210 liters of breath. | 16 | | 6. "Free tetrahydrocannabinol Tetrahydrocannabinol | 17 | | concentration " means the amount of unchanged, parent | 18 | | delta-9-tetrahydrocannabinol detected in a blood or bodily | 19 | | fluid sample either 5 nanograms or more of | 20 | | delta-9-tetrahydrocannabinol per milliliter of whole blood | 21 | | or 10 nanograms or more of delta-9-tetrahydrocannabinol | 22 | | per milliliter of other bodily substance . | 23 | | (a-5) Law enforcement officials may use validated roadside | 24 | | chemical tests or standardized field sobriety tests approved | 25 | | by the National Highway Traffic Safety Administration when | 26 | | conducting investigations of a violation of Section 11-501 or |
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| 1 | | similar local ordinance by drivers suspected of driving under | 2 | | the influence of cannabis. The General Assembly finds that (i) | 3 | | validated roadside chemical tests are effective means to | 4 | | determine if a person is under the influence of cannabis and | 5 | | (ii) standardized field sobriety tests approved by the | 6 | | National Highway Traffic Safety Administration are divided | 7 | | attention tasks that are intended to determine if a person is | 8 | | under the influence of cannabis. The purpose of these tests is | 9 | | to determine the effect of the use of cannabis on a person's | 10 | | capacity to think and act with ordinary care and therefore | 11 | | operate a motor vehicle safely. Therefore, the results of | 12 | | these validated roadside chemical tests and standardized field | 13 | | sobriety tests, appropriately administered, shall be | 14 | | admissible in the trial of any civil or criminal action or | 15 | | proceeding arising out of an arrest for a cannabis-related | 16 | | offense as defined in Section 11-501 or a similar local | 17 | | ordinance or proceedings under Section 2-118.1 or 2-118.2. | 18 | | Where a test is made the following provisions shall apply: | 19 | | 1. The person tested may have a physician, or a | 20 | | qualified technician, chemist, registered nurse, or other | 21 | | qualified person of their own choosing administer a | 22 | | chemical test or tests in addition to the standardized | 23 | | field sobriety test or tests administered at the direction | 24 | | of a law enforcement officer. The failure or inability to | 25 | | obtain an additional test by a person does not preclude | 26 | | the admission of evidence relating to the test or tests |
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| 1 | | taken at the direction of a law enforcement officer. | 2 | | 2. Upon the request of the person who shall submit to | 3 | | validated roadside chemical tests or a standardized field | 4 | | sobriety test or tests at the request of a law enforcement | 5 | | officer, full information concerning the test or tests | 6 | | shall be made available to the person or the person's | 7 | | attorney. | 8 | | 3. At the trial of any civil or criminal action or | 9 | | proceeding arising out of an arrest for an offense as | 10 | | defined in Section 11-501 or a similar local ordinance or | 11 | | proceedings under Section 2-118.1 or 2-118.2 in which the | 12 | | results of these validated roadside chemical tests or | 13 | | standardized field sobriety tests are admitted, the person | 14 | | may present and the trier of fact may consider evidence | 15 | | that the person lacked the physical capacity to perform | 16 | | the validated roadside chemical tests or standardized | 17 | | field sobriety tests. | 18 | | (b) Upon the trial of any civil or criminal action or | 19 | | proceeding arising out of acts alleged to have been committed | 20 | | by any person while driving or in actual physical control of a | 21 | | vehicle while under the influence of alcohol, the | 22 | | concentration of alcohol in the person's blood or breath at | 23 | | the time alleged as shown by analysis of the person's blood, | 24 | | urine, breath, or other bodily substance shall give rise to | 25 | | the following presumptions: | 26 | | 1. If there was at that time an alcohol concentration |
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| 1 | | of 0.05 or less, it shall be presumed that the person was | 2 | | not under the influence of alcohol. | 3 | | 2. If there was at that time an alcohol concentration | 4 | | in excess of 0.05 but less than 0.08, such facts shall not | 5 | | give rise to any presumption that the person was or was not | 6 | | under the influence of alcohol, but such fact may be | 7 | | considered with other competent evidence in determining | 8 | | whether the person was under the influence of alcohol. | 9 | | 3. If there was at that time an alcohol concentration | 10 | | of 0.08 or more, it shall be presumed that the person was | 11 | | under the influence of alcohol. | 12 | | 4. The foregoing provisions of this Section shall not | 13 | | be construed as limiting the introduction of any other | 14 | | relevant evidence bearing upon the question whether the | 15 | | person was under the influence of alcohol. | 16 | | (b-5) Upon the trial of any civil or criminal action or | 17 | | proceeding arising out of acts alleged to have been committed | 18 | | by any person while driving or in actual physical control of a | 19 | | vehicle while under the influence of alcohol, other drug or | 20 | | drugs, intoxicating compound or compounds or any combination | 21 | | thereof, the concentration of cannabis in the person's whole | 22 | | blood or other bodily substance at the time alleged as shown by | 23 | | analysis of the person's blood or other bodily substance shall | 24 | | give rise to the following presumptions: | 25 | | 1. If there was a free tetrahydrocannabinol | 26 | | concentration , as defined in this Section, of 5 nanograms |
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| 1 | | or more per milliliter in whole blood or 10 nanograms or | 2 | | more per milliliter in any an other bodily substance as | 3 | | defined in this Section , it shall be presumed that the | 4 | | person was under the influence of cannabis. | 5 | | 2. If there was at that time a free | 6 | | tetrahydrocannabinol concentration of less than 5 | 7 | | nanograms per milliliter in whole blood or less than 10 | 8 | | nanograms per milliliter in an other bodily substance, | 9 | | such facts shall not give rise to any presumption that the | 10 | | person was or was not under the influence of cannabis, but | 11 | | such fact may be considered with other competent evidence | 12 | | in determining whether the person was under the influence | 13 | | of cannabis. | 14 | | (c) 1. If a person under arrest refuses to submit to a | 15 | | chemical test under the provisions of Section 11-501.1, | 16 | | evidence of refusal shall be admissible in any civil or | 17 | | criminal action or proceeding arising out of acts alleged to | 18 | | have been committed while the person under the influence of | 19 | | alcohol, other drug or drugs, or intoxicating compound or | 20 | | compounds, or any combination thereof was driving or in actual | 21 | | physical control of a motor vehicle. | 22 | | 2. Notwithstanding any ability to refuse under this Code | 23 | | to submit to these tests or any ability to revoke the implied | 24 | | consent to these tests, if a law enforcement officer has | 25 | | probable cause to believe that a motor vehicle driven by or in | 26 | | actual physical control of a person under the influence of |
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| 1 | | alcohol, other drug or drugs, or intoxicating compound or | 2 | | compounds, or any combination thereof has caused the death or | 3 | | personal injury to another, the law enforcement officer shall | 4 | | request, and that person shall submit, upon the request of a | 5 | | law enforcement officer, to a chemical test or tests of his or | 6 | | her blood, breath, other bodily substance, or urine for the | 7 | | purpose of determining the alcohol content thereof or the | 8 | | presence of any other drug or combination of both. | 9 | | This provision does not affect the applicability of or | 10 | | imposition of driver's license sanctions under Section | 11 | | 11-501.1 of this Code. | 12 | | 3. For purposes of this Section, a personal injury | 13 | | includes any Type A injury as indicated on the traffic crash | 14 | | report completed by a law enforcement officer that requires | 15 | | immediate professional attention in either a doctor's office | 16 | | or a medical facility. A Type A injury includes severe | 17 | | bleeding wounds, distorted extremities, and injuries that | 18 | | require the injured party to be carried from the scene. | 19 | | (d) If a person refuses validated roadside chemical tests | 20 | | or standardized field sobriety tests under Section 11-501.9 of | 21 | | this Code, evidence of refusal shall be admissible in any | 22 | | civil or criminal action or proceeding arising out of acts | 23 | | committed while the person was driving or in actual physical | 24 | | control of a vehicle and alleged to have been impaired by the | 25 | | use of cannabis. | 26 | | (e) Illinois State Police compliance with the changes in |
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| 1 | | this amendatory Act of the 99th General Assembly concerning | 2 | | testing of other bodily substances and tetrahydrocannabinol | 3 | | concentration by Illinois State Police laboratories is subject | 4 | | to appropriation and until the Illinois State Police adopt | 5 | | standards and completion validation. Any laboratories that | 6 | | test for the presence of cannabis or other drugs under this | 7 | | Article, the Snowmobile Registration and Safety Act, or the | 8 | | Boat Registration and Safety Act must comply with ISO/IEC | 9 | | 17025:2005. | 10 | | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21; | 11 | | 102-982, eff. 7-1-23 .) |
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