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90_HB0032ham001
LRB9000735LDdvam01
1 AMENDMENT TO HOUSE BILL 32
2 AMENDMENT NO. . Amend House Bill 32 by replacing the
3 title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Sections 11-501.1, 11-501.2, 11-501.5, and 11-501.6 and
6 adding Section 11-501.9."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Illinois Vehicle Code is amended by
10 changing Sections 11-501.1, 11-501.2, 11-501.5, and 11-501.6
11 and adding Section 11-501.9 as follows:
12 (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
13 Sec. 11-501.1. Suspension of drivers license; statutory
14 summary alcohol or other drug related suspension; implied
15 consent.
16 (a) Any person who drives or is in actual physical
17 control of a motor vehicle upon the public highways of this
18 State shall be deemed to have given consent, subject to the
19 provisions of Sections Section 11-501.2 and 11-501.9, to a
20 standardized field sobriety test including but not limited to
21 tests known as one-leg stand, walk and turn, horizontal gaze,
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1 nystagmus test, and finger-to-nose test and to a chemical
2 test or tests of blood, breath, or urine for the purpose of
3 determining the content of alcohol, other drug, or
4 combination of both in the person's blood if arrested, as
5 evidenced by the issuance of a Uniform Traffic Ticket, for
6 any offense as defined in Section 11-501 or a similar
7 provision of a local ordinance. The test or tests shall be
8 administered at the direction of the arresting officer. The
9 law enforcement agency employing the officer shall designate
10 which of the aforesaid tests shall be administered. A urine
11 test may be administered even after a blood or breath test or
12 both has been administered. For purposes of this Section, an
13 Illinois law enforcement officer of this State who is
14 investigating the person for any offense defined in Section
15 11-501 may travel into an adjoining state, where the person
16 has been transported for medical care, to complete an
17 investigation and to request that the person submit to the
18 test or tests set forth in this Section. The requirements of
19 this Section that the person be arrested are inapplicable,
20 but the officer shall issue the person a Uniform Traffic
21 Ticket for an offense as defined in Section 11-501 or a
22 similar provision of a local ordinance prior to requesting
23 that the person submit to the test or tests. The issuance of
24 the Uniform Traffic Ticket shall not constitute an arrest,
25 but shall be for the purpose of notifying the person that he
26 or she is subject to the provisions of this Section and of
27 the officer's belief of the existence of probable cause to
28 arrest. Upon returning to this State, the officer shall file
29 the Uniform Traffic Ticket with the Circuit Clerk of the
30 county where the offense was committed, and shall seek the
31 issuance of an arrest warrant or a summons for the person.
32 (b) Any person who is dead, unconscious, or who is
33 otherwise in a condition rendering the person incapable of
34 refusal, shall be deemed not to have withdrawn the consent
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1 provided by paragraph (a) of this Section and the test or
2 tests may be administered, subject to the provisions of
3 Sections Section 11-501.2 and 11-501.9.
4 (c) A person requested to submit to a test as provided
5 in subsection (a) of this Section above shall be warned by
6 the law enforcement officer requesting the test that a
7 refusal to submit to the test will result in the statutory
8 summary suspension of the person's privilege to operate a
9 motor vehicle as provided in Section 6-208.1 of this Code,
10 unless the person can show proof of physical inability to
11 perform the test under Section 11-501.9 of this Code. The
12 person shall also be warned by the law enforcement officer
13 that if the person submits to the test or tests provided in
14 paragraph (a) of this Section and the alcohol concentration
15 in the person's blood or breath is 0.10 or greater, or any
16 amount of a drug, substance, or compound resulting from the
17 unlawful use or consumption of cannabis as covered by the
18 Cannabis Control Act or a controlled substance listed in the
19 Illinois Controlled Substances Act is detected in the
20 person's blood or urine, a statutory summary suspension of
21 the person's privilege to operate a motor vehicle, as
22 provided in Sections 6-208.1 and 11-501.1 of this Code will,
23 be imposed.
24 A person who is under the age of 21 at the time the
25 person is requested to submit to a test as provided in
26 subsection (a) of this Section above shall, in addition to
27 the warnings provided for in this Section, be further warned
28 by the law enforcement officer requesting the test that if
29 the person submits to the test or tests provided in paragraph
30 (a) of this Section and the alcohol concentration in the
31 person's blood or breath is greater than 0.00 and less than
32 0.10, a suspension of the person's privilege to operate a
33 motor vehicle, as provided under Sections 6-208.2 and
34 11-501.8 of this Code, shall will be imposed. The results of
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1 this test shall be admissible in a civil or criminal action
2 or proceeding arising from an arrest for an offense as
3 defined in Section 11-501 of this Code or a similar provision
4 of a local ordinance or pursuant to Section 11-501.4 in
5 prosecutions for reckless homicide brought under the Criminal
6 Code of 1961. These test results, however, shall be
7 admissible only in actions or proceedings directly related to
8 the incident upon which the test request was made.
9 (d) If the person refuses testing and cannot show proof
10 of physical inability to take the test under Section 11-501.9
11 or submits to a test that discloses an alcohol concentration
12 of 0.10 or more, or any amount of a drug, substance, or
13 compound in the person's blood or urine resulting from the
14 unlawful use or consumption of cannabis listed in the
15 Cannabis Control Act or a controlled substance listed in the
16 Illinois Controlled Substances Act, the law enforcement
17 officer shall immediately submit a sworn report to the
18 circuit court of venue and the Secretary of State, certifying
19 that the test or tests was or were requested under paragraph
20 (a) and the person refused to submit to a test, or tests, or
21 submitted to testing that disclosed an alcohol concentration
22 of 0.10 or more.
23 (e) Upon receipt of the sworn report of a law
24 enforcement officer submitted under paragraph (d), the
25 Secretary of State shall enter the statutory summary
26 suspension for the periods specified in Section 6-208.1, and
27 effective as provided in paragraph (g).
28 If the person is a first offender as defined in Section
29 11-500 of this Code, and is not convicted of a violation of
30 Section 11-501 of this Code or a similar provision of a local
31 ordinance, then reports received by the Secretary of State
32 under this Section shall, except during the actual time the
33 Statutory Summary Suspension is in effect, be privileged
34 information and for use only by the courts, police officers,
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1 prosecuting authorities or the Secretary of State.
2 (f) The law enforcement officer submitting the sworn
3 report under paragraph (d) shall serve immediate notice of
4 the statutory summary suspension on the person and the
5 suspension shall be effective as provided in paragraph (g).
6 In cases where the blood alcohol concentration of 0.10 or
7 greater or any amount of a drug, substance, or compound
8 resulting from the unlawful use or consumption of cannabis as
9 covered by the Cannabis Control Act or a controlled substance
10 listed in the Illinois Controlled Substances Act is
11 established by a subsequent analysis of blood or urine
12 collected at the time of arrest, the arresting officer or
13 arresting agency shall give notice as provided in this
14 Section or by deposit in the United States mail of the notice
15 in an envelope with postage prepaid and addressed to the
16 person at his address as shown on the Uniform Traffic Ticket
17 and the statutory summary suspension shall begin as provided
18 in paragraph (g). The officer shall confiscate any Illinois
19 driver's license or permit on the person at the time of
20 arrest. If the person has a valid driver's license or permit,
21 the officer shall issue the person a receipt, in a form
22 prescribed by the Secretary of State, that will allow that
23 person to drive during the periods provided for in paragraph
24 (g). The officer shall immediately forward the driver's
25 license or permit to the circuit court of venue along with
26 the sworn report provided for in paragraph (d).
27 (g) The statutory summary suspension referred to in this
28 Section shall take effect on the 46th day following the date
29 the notice of the statutory summary suspension was given to
30 the person.
31 (h) The following procedure shall apply whenever a
32 person is arrested for any offense as defined in Section
33 11-501 or a similar provision of a local ordinance:
34 Upon receipt of the sworn report from the law enforcement
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1 officer, the Secretary of State shall confirm the statutory
2 summary suspension by mailing a notice of the effective date
3 of the suspension to the person and the court of venue.
4 However, should the sworn report be defective by not
5 containing sufficient information or be completed in error,
6 the confirmation of the statutory summary suspension shall
7 not be mailed to the person or entered to the record, instead
8 the sworn report shall be forwarded to the court of venue
9 with a copy returned to the issuing agency identifying any
10 defect.
11 (Source: P.A. 87-1221; 88-169; 88-588, eff. 1-1-95.)
12 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
13 Sec. 11-501.2. Chemical and other tests.
14 (a) Upon the trial of any civil or criminal action or
15 proceeding arising out of an arrest for an offense as defined
16 in Section 11-501 or a similar local ordinance or proceedings
17 pursuant to Section 2-118.1, evidence of the concentration of
18 alcohol, other drug or combination thereof in a person's
19 blood or breath at the time alleged, as determined by
20 analysis of the person's blood, urine, breath, or other
21 bodily substance, shall be admissible. Where such test is
22 made the following provisions shall apply:
23 1. Chemical analyses of the person's blood, urine,
24 breath or other bodily substance to be considered valid
25 under the provisions of this Section shall have been
26 performed according to standards promulgated by the
27 Department of Public Health in consultation with the
28 Department of State Police by a licensed physician,
29 registered nurse, trained phlebotomist acting under the
30 direction of a licensed physician, certified paramedic,
31 or other individual possessing a valid permit issued by
32 that Department for this purpose. The Director of the
33 Department of Public Health in consultation with the
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1 Department of State Police is authorized to approve
2 satisfactory techniques or methods, to ascertain the
3 qualifications and competence of individuals to conduct
4 such analyses, to issue permits, which shall be subject
5 to termination or revocation at the discretion of that
6 Department, and to certify the accuracy of breath testing
7 equipment. The Illinois Department of Public Health shall
8 prescribe regulations as necessary to implement this
9 Section.
10 2. When a person in this State shall submit to a
11 blood test at the request of a law enforcement officer
12 under the provisions of Section 11-501.1, only a
13 physician authorized to practice medicine, a registered
14 nurse, trained phlebotomist, or certified paramedic, or
15 other qualified person approved by the Department of
16 Public Health may withdraw blood for the purpose of
17 determining the alcohol, drug, or alcohol and drug
18 content therein. This limitation shall not apply to the
19 taking of breath or urine specimens.
20 When a blood test of a person who has been taken to
21 an adjoining state for medical treatment is requested by
22 an Illinois law enforcement officer, the blood may be
23 withdrawn only by a physician authorized to practice
24 medicine in the adjoining state, a registered nurse, a
25 trained phlebotomist acting under the direction of the
26 physician, or a certified paramedic. The law enforcement
27 officer requesting the test shall take custody of the
28 blood sample, and the blood sample shall be analyzed by a
29 laboratory certified by the Department of Public Health
30 for that purpose.
31 3. The person tested may have a physician, or a
32 qualified technician, chemist, registered nurse, or other
33 qualified person of his or her their own choosing
34 administer a chemical test or tests in addition to any
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1 administered at the direction of a law enforcement
2 officer. The failure or inability to obtain an
3 additional test by a person shall not preclude the
4 admission of evidence relating to the test or tests taken
5 at the direction of a law enforcement officer.
6 4. Upon the request of the person who shall submit
7 to a chemical test or tests at the request of a law
8 enforcement officer, full information concerning the test
9 or tests shall be made available to the person or the
10 such person's attorney.
11 5. Alcohol concentration shall mean either grams of
12 alcohol per 100 milliliters of blood or grams of alcohol
13 per 210 liters of breath.
14 (b) Upon the trial of any civil or criminal action or
15 proceeding arising out of acts alleged to have been committed
16 by any person while driving or in actual physical control of
17 a vehicle while under the influence of alcohol, the
18 concentration of alcohol in the person's blood or breath at
19 the time alleged as shown by analysis of the person's blood,
20 urine, breath, or other bodily substance shall give rise to
21 the following presumptions:
22 1. If there was at that time an alcohol
23 concentration of 0.05 or less, it shall be presumed that
24 the person was not under the influence of alcohol.
25 2. If there was at that time an alcohol
26 concentration in excess of 0.05 but less than 0.10, that
27 fact such facts shall not give rise to any presumption
28 that the person was or was not under the influence of
29 alcohol, but that such fact may be considered with other
30 competent evidence in determining whether the person was
31 under the influence of alcohol.
32 3. If there was at that time an alcohol
33 concentration of 0.10 or more, it shall be presumed that
34 the person was under the influence of alcohol.
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1 4. The foregoing provisions of this Section shall
2 not be construed as limiting the introduction of any
3 other relevant evidence bearing upon the question whether
4 the person was under the influence of alcohol.
5 (c) 1. If a person under arrest refuses to submit to a
6 chemical test under the provisions of Section 11-501.1,
7 evidence of refusal shall be admissible in any civil or
8 criminal action or proceeding arising out of acts alleged
9 to have been committed while the person under the
10 influence of alcohol, or other drugs, or combination of
11 both was driving or in actual physical control of a motor
12 vehicle.
13 2. Notwithstanding any ability, other than as
14 provided in Section 11-501.9, to refuse under this Code
15 to submit to these tests or any ability to revoke the
16 implied consent to these tests, if a law enforcement
17 officer has probable cause to believe that a motor
18 vehicle driven by or in actual physical control of a
19 person under the influence of alcohol, any other drug, or
20 combination of both has caused the death or personal
21 injury to another, that person shall submit, upon the
22 request of a law enforcement officer, to a chemical test
23 or tests of his or her blood, breath, or urine for the
24 purpose of determining the alcohol content thereof or the
25 presence of any other drug or combination of both.
26 This provision does not affect the applicability of or
27 imposition of driver's license sanctions under Section
28 11-501.1 of this Code.
29 3. For purposes of this Section, a personal injury
30 includes any Type A injury as indicated on the traffic
31 accident report completed by a law enforcement officer
32 that requires immediate professional attention in either
33 a doctor's office or a medical facility. A Type A injury
34 includes severe bleeding wounds, distorted extremities,
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1 and injuries that require the injured party to be carried
2 from the scene.
3 (Source: P.A. 87-1221; 88-632, eff. 1-1-95.)
4 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
5 Sec. 11-501.5. Preliminary breath screening test. If a
6 law enforcement officer has reasonable suspicion to believe
7 that a person is violating or has violated Section 11-501 or
8 a similar provision of a local ordinance, the officer, prior
9 to an arrest, may request the person to provide a sample of
10 his or her breath for a preliminary breath screening test
11 using a portable device approved by the Department of Public
12 Health, unless the person can show proof of a physical
13 inability to perform the test under Section 11-501.9 of this
14 Code. The results of this preliminary breath screening test
15 may be used by the law enforcement officer for the purpose of
16 assisting with the determination of whether to require a
17 chemical test as authorized under Sections 11-501.1 and
18 11-501.2, and the appropriate type of test to request. Any
19 chemical test authorized under Sections 11-501.1 and 11-501.2
20 may be requested by the officer regardless of the result of
21 the preliminary breath screening test, if probable cause for
22 an arrest exists. The result of a preliminary breath
23 screening test may be used by the defendant as evidence in
24 any administrative or court proceeding involving a violation
25 of Section 11-501 or 11-501.1.
26 (Source: P.A. 88-169.)
27 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
28 Sec. 11-501.6. Driver involvement in personal injury or
29 fatal motor vehicle accident; chemical test.
30 (a) A Any person who drives or is in actual control of a
31 motor vehicle upon the public highways of this State and who
32 has been involved in a personal injury or fatal motor vehicle
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1 accident, shall be deemed to have given consent to a breath
2 test using a portable device as approved by the Department of
3 Public Health or to a chemical test or tests of blood,
4 breath, or urine for the purpose of determining the alcohol
5 or other drug content of such person's blood if arrested as
6 evidenced by the issuance of a Uniform Traffic Ticket for any
7 violation of the Illinois Vehicle Code or a similar provision
8 of a local ordinance, with the exception of equipment
9 violations contained in Chapter 12 of this Code, or similar
10 provisions of local ordinances. The test or tests shall be
11 administered at the direction of the arresting officer. The
12 law enforcement agency employing the officer shall designate
13 which of the aforesaid tests shall be administered. A urine
14 test may be administered even after a blood or breath test or
15 both has been administered. Compliance with this Section
16 does not relieve such person from the requirements of Section
17 11-501.1 of this Code.
18 (b) Any person who is dead, unconscious or who is
19 otherwise in a condition rendering such person incapable of
20 refusal shall be deemed not to have withdrawn the consent
21 provided by subsection (a) of this Section. In addition, if
22 a driver of a vehicle is receiving medical treatment as a
23 result of a motor vehicle accident, any physician licensed to
24 practice medicine, registered nurse, or a phlebotomist acting
25 under the direction of a licensed physician shall withdraw
26 blood for testing purposes to ascertain the presence of
27 alcohol or other drugs, upon the specific request of a law
28 enforcement officer. However, no such testing shall be
29 performed until, in the opinion of the medical personnel on
30 scene, the withdrawal can be made without interfering with or
31 endangering the well-being of the patient.
32 (c) A person requested to submit to a test as provided
33 in subsection (a) or (b) above shall be warned by the law
34 enforcement officer requesting the test that a refusal to
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1 submit to the test without showing proof of physical
2 inability to perform the test under Section 11-501.9 of this
3 Code, or submission to the test resulting in an alcohol
4 concentration of 0.10 or more, or any amount of a drug,
5 substance, or compound resulting from the unlawful use or
6 consumption of cannabis, as covered by the Cannabis Control
7 Act or a controlled substance listed in the Illinois
8 Controlled Substances Act as detected in that such person's
9 blood or urine, may result in the suspension of that such
10 person's privilege to operate a motor vehicle. The length of
11 the suspension shall be the same as outlined in Section
12 6-208.1 of this Code regarding statutory summary suspensions.
13 (d) If the person refuses testing without showing proof
14 of physical inability to perform the test under Section
15 11-501.9 of this Code or submits to a test that which
16 discloses an alcohol concentration of 0.10 or more, or any
17 amount of a drug, substance, or compound in that such
18 person's blood or urine resulting from the unlawful use or
19 consumption of cannabis listed in the Cannabis Control Act,
20 or a controlled substance listed in the Illinois Controlled
21 Substances Act, the law enforcement officer shall immediately
22 submit a sworn report to the Secretary of State on a form
23 prescribed by the Secretary, certifying that the test or
24 tests were requested pursuant to subsection (a) and the
25 person refused to submit to a test or tests or submitted to
26 testing that which disclosed an alcohol concentration of 0.10
27 or more, or any amount of a drug, substance, or compound in
28 that such person's blood or urine, resulting from the
29 unlawful use or consumption of cannabis listed in the
30 Cannabis Control Act or a controlled substance listed in the
31 Illinois Controlled Substances Act.
32 Upon receipt of the sworn report of a law enforcement
33 officer, the Secretary shall enter the suspension to the
34 individual's driving record and the suspension shall be
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1 effective on the 46th day following the date notice of the
2 suspension was given to the person.
3 The law enforcement officer submitting the sworn report
4 shall serve immediate notice of this suspension on the person
5 and the such suspension shall be effective on the 46th day
6 following the date notice was given.
7 The cases where the blood alcohol concentration of .10 or
8 more, or any amount of a drug, substance, or compound
9 resulting from the unlawful use or consumption of cannabis as
10 listed in the Cannabis Control Act, or a controlled substance
11 listed in the Illinois Controlled Substances Act, is
12 established by a subsequent analysis of blood or urine
13 collected at the time of arrest, the arresting officer shall
14 give notice as provided in this Section or by deposit in the
15 United States mail of such notice in an envelope with postage
16 prepaid and addressed to such person at his or her address as
17 shown on the Uniform Traffic Ticket and the suspension shall
18 be effective on the 46th day following the date notice was
19 given.
20 Upon receipt of the sworn report of a law enforcement
21 officer, the Secretary shall also give notice of the
22 suspension to the driver by mailing a notice of the effective
23 date of the suspension to the individual. However, should
24 the sworn report be defective by not containing sufficient
25 information or be completed in error, the notice of the
26 suspension shall not be mailed to the person or entered to
27 the driving record, but rather the sworn report shall be
28 returned to the issuing law enforcement agency.
29 (e) A driver may contest this suspension of his or her
30 driving privileges by requesting an administrative hearing
31 with the Secretary in accordance with Section 2-118 of this
32 Code. At the conclusion of a hearing held under Section
33 2-118 of this Code, the Secretary may rescind, continue, or
34 modify the order of suspension. If the Secretary does not
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1 rescind the order, a restricted driving permit may be granted
2 by the Secretary upon application being made and good cause
3 shown. A restricted driving permit may be granted to relieve
4 undue hardship to allow driving for employment, educational,
5 and medical purposes as outlined in Section 6-206 of this
6 Code. The provisions of Section 6-206 of this Code shall
7 apply.
8 (f) (Blank)
9 (g) For the purposes of this Section, a personal injury
10 shall include any type A injury as indicated on the traffic
11 accident report completed by a law enforcement officer that
12 requires immediate professional attention in either a
13 doctor's office or a medical facility. A type A injury shall
14 include severely bleeding wounds, distorted extremities, and
15 injuries that require the injured party to be carried from
16 the scene.
17 (Source: P.A. 88-211.)
18 (625 ILCS 5/11-501.9 new)
19 Sec. 11-501.9. Physical inability to perform sobriety
20 test. Notwithstanding any provision in this Code to the
21 contrary, if a law enforcement officer requests a person to
22 submit to a field sobriety test, including but not limited to
23 a test known as one-leg stand, walk and turn, horizontal
24 gaze, nystagmus test, or finger-to-nose test or a test of
25 blood, breath, or urine for the purpose of determining the
26 content of alcohol, other drug, or combination of both in the
27 person's blood, the person shall not be required to perform
28 that test if he or she can show proof, provided by a licensed
29 physician, of a physical inability to perform that test.
30 Items that shall constitute sufficient proof shall include,
31 but shall not be limited to, a note from a licensed physician
32 or a medical bracelet indicating proof of the person's
33 physical inability to perform the test.".